ENG-1992-04-08 — Page 1

1 HONG KONG LEGISLATIVE COUNCIL -- 8 April 1992 1 HONG KONG LEGISLATIVE COUNCIL -- 8 April 1992 HONG KONG LEGISLATIVE COUNCIL -- 8 April 1992 1 HONG KONG LEGISLATIVE COUNCIL -- 8 April 1992 1

OFFICIAL RECORD OF PROCEEDINGS

Wednesday, 8 April 1992

The Council met at half-past Two o'clock

PRESENT

THE DEPUTY PRESIDENT

THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., Q.C., J.P.

THE CHIEF SECRETARY

THE HONOURABLE SIR DAVID ROBERT FORD, K.B.E., L.V.O., J.P.

THE FINANCIAL SECRETARY

THE HONOURABLE NATHANIEL WILLIAM HAMISH MACLEOD, C.B.E., J.P.

THE ATTORNEY GENERAL

THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, C.B.E., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE MRS RITA FAN HSU LAI-TAI, O.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P.

THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. THE HONOURABLE DAVID LI KWOK-PO, O.B.E., J.P. THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E.

THE HONOURABLE SZETO WAH

THE HONOURABLE TAM YIU-CHUNG

THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P. THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.

THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, J.P.

THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, M.B.E., J.P.

THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P.

DR THE HONOURABLE LEONG CHE-HUNG

THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E.

THE HONOURABLE PETER WONG HONG-YUEN, J.P.

THE HONOURABLE ALBERT CHAN WAI-YIP

PROF THE HONOURABLE EDWARD CHEN KWAN-YIU THE HONOURABLE VINCENT CHENG HOI-CHUEN THE HONOURABLE MOSES CHENG MO-CHI

THE HONOURABLE CHEUNG MAN-KWONG

THE HONOURABLE CHIM PUI-CHUNG

REV THE HONOURABLE FUNG CHI-WOOD

THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA

DR THE HONOURABLE HUANG CHEN-YA

DR THE HONOURABLE LAM KUI-CHUN

DR THE HONOURABLE CONRAD LAM KUI-SHING THE HONOURABLE LAU CHIN-SHEK

THE HONOURABLE MISS EMILY LAU WAI-HING THE HONOURABLE LEE WING-TAT

THE HONOURABLE GILBERT LEUNG KAM-HO

THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE FRED LI WAH-MING

PROF THE HONOURABLE FELICE LIEH MAK, O.B.E., J.P. THE HONOURALBE MAN SAI-CHEONG

THE HONOURABLE STEVEN POON KWOK-LIM

THE HONOURABLE TIK CHI-YUEN

THE HONOURABLE JAMES TO KUN-SUN

DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG

DR THE HONOURABLE YEUNG SUM

THE HONOURABLE HOWARD YOUNG

THE HONOURABLE ZACHARY WONG WAI-YIN

ABSENT

THE HONOURABLE MARVIN CHEUNG KIN-TUNG, J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE

THE HONOURABLE SIMON IP SIK-ON, J.P.

THE HONOURABLE NG MING-YUM

THE HONOURABLE HENRY TANG YING-YEN, J.P.

IN ATTENDANCE

MR MICHAEL LEUNG MAN-KIN, C.B.E., J.P.

SECRETARY FOR TRANSPORT

MR ALISTAIR PETER ASPREY, O.B.E., A.E., J.P. SECRETARY FOR SECURITY

MRS ELIZABETH WONG CHIEN CHI-LIEN, I.S.O., J.P.

SECRETARY FOR HEALTH AND WELFARE

MR MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS MR ANTHONY GORDON EASON, J.P.

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS

MR BRIAN GEORGE JENNEY

SECRETARY FOR THE TREASURY

MISS CHRISTINE CHOW KWAN-TAI, J.P.

SECRETARY FOR EDUCATION AND MANPOWER

THE CLERK TO THE LEGISLATIVE COUNCIL MR LAW KAM-SANG

Papers

The following papers were laid on the table pursuant to Standing Order 14(2): Subject

Subsidiary Legislation L.N. No. Subsidiary Legislation L.N. No.

Merchant Shipping (BCH Code) (Amendment)

Regulation

1992........................................................... 85/92 1992........................................................... 85/92

Merchant Shipping (IBC Code) (Amendment)

Regulation

1992........................................................... 86/92 1992........................................................... 86/92

Merchant Shipping (Control of Pollution by

Noxious Liquid Substances in Bulk) Noxious Liquid Substances in Bulk)

(Amendment) Regulation 1992...................................... 87/92

Road Traffic (Registration and Licensing of

Vehicles) (Amendment) Regulation 1992........................ 88/92 Vehicles) (Amendment) Regulation 1992........................ 88/92

Shipping and Port Control (Typhoon Shelters)

Regulations (Amendment of Schedule) Regulations (Amendment of Schedule)

Order

1992................................................................. 90/92 1992................................................................. 90/92

Specification of Public Office.............................................. 91/92

Professional Accountants (Amendment) Ordinance

1992 (14 of 1992) (Commencement) 1992 (14 of 1992) (Commencement)

Notice

1992................................................................. 92/92 1992................................................................. 92/92

Sessional Papers 1991-92

No. 65 -- No. 65 -- Director of Hospital Services Director of Hospital Services

1990-1991 Departmental Report

No. 66 -- No. 66 -- Report on the Samaritan Fu Report on the Samaritan Fu Report on the Samaritan Fund and Income and nd and Income and

Expenditure Account for the year ended

31 March 1991 with Certificate of the Director of Audit

No. 67 -- No. 67 -- Hong Kong Council for Academic Accreditation Hong Kong Council for Academic Accreditation

Annual Report 1990-91

No. 68 -- No. 68 -- Estimates for the year ending 31 March 1 Estimates for the year ending 31 March 1 Estimates for the year ending 31 March 1993

General Revenue Account

Summaries Revenue by Heads and Subheads

No. 69 -- No. 69 -- Report of changes to the approved Estimates of Report of changes to the approved Estimates of

Expenditure approved during the

second quarter of 1991-92

Public Finance Ordinance : Section 8

Addresses by Members

Hong Kong Council for Academic Accreditation Annual Report 1990-91

MR RONALD ARCULLI: Mr Deputy President, as a member of Hong Kong Council for Academic Accreditation (HKCAA) it is both a privilege and pleasure for me to present the first report of the HKCAA to this Council.

HKCAA Annual Report 1990-91

The Hong Kong Council for Academic Accreditation Ordinance 1990 was enacted on 8 June 1990, at which date the HKCAA became operational.

The HKCAA role

The main role of the HKCAA is to validate degree programmes and review the ge The main role of the HKCAA is to validate degree programmes and review the general academic standards of the six non-university tertiary institutions. In addition, the HKCAA is involved in monitoring the development of degree level education and academic standards, at home and abroad, for the benefit of Hong Kong. It also acts as an advisory body for the Government on all matters pertaining to academic

accreditation.

It carries out accreditation at the City Polytechnic, the Baptist College, the Hong Kong Polytechnic, Lingnan College, the Academy for Performing Arts and the Open Learning Institute.

Programme and institution reviews

Before reviewing the HKCAA's activities for the year June 1990 to July 1991, I would like to point out that the original estimate of the number of review exercises for this period was one institutional and five programme reviews. However, owing to the tertiary expansion programme and the inclusion of the Open Learning Institute, the Academy for Performing Arts and Lingnan College within the HKCAA's remit, 29 programme reviews and three institutional reviews were carried out. This dramatic increase in the workload placed considerable pressure on the HKCAA staff. In order to meet this commitment without prejudicing standards, the complement of HKCAA staff was increased from 14 to 20 and the staff worked longer hours.

The 29 programme reviews carried out by the HKCAA varied in complexity and length. Before being presented to the HKCAA, programme proposals have normally undergone

rigorous internal review processes in the institutions. It is the HKCAA's policy to work in partnership with the institutions to ensure the quality of higher education in Hong Kong. In this spirit, review exercises are considered individually by the HKCAA, bearing in mind the aims, objectives, and particular circumstances of the programme and the institution.

The development of the institutions

A guiding principle of the HKCAA is to develop the non-university tertiary institutions to develop the capability and confidence to take full responsibility for their own academic standards.

During the year the HKCAA developed criteria and procedures to help the established non-university tertiary institutions make progress towards institutional accreditation.

International dimension

The outward looking nature of Hong Kong and its strong links with the rest of The outward looking nature of Hong Kong and its strong links with the rest of the world have led naturally to the involvement of an international dimension. To this end, the HKCAA maintains an international register of over 750 specialists, comprising academics and non-academics, from which suitable persons are selected to form review panels, with just under half of these from Hong Kong.

Seminars and conferences

During the year the HKCAA held seven seminars. Five on accreditation concepts and mechanisms, and two on credit transfer and credit unit degree programmes.

In July the HKCAA held an international conference on Quality Assurance in Higher Education. His Excellency the Governor opened the conference and the Secretary for Education and Manpower spoke at the conference dinner. Participation was by invitation only. Key people and organizations concerned with quality assurance in higher education throughout the world attended. In all, there were 103 participants from 23 countries. An aim of the conference was to pave the way for an international network of those concerned with quality assurance in higher education. The conference unanimously agreed that Hong Kong should administer the network initially.

Advice

The HKCAA advice was sought throughout the year on many occasions regarding the The HKCAA advice was sought throughout the year on many occasions regarding the standards of qualifications. In particular, the Civil Service Branch and the Education and Manpower Branch of the Government have made a considerable number of enquiries to which the HKCAA has been able to respond.

Owing to concern about the legislation for, and the need to inform the Hong Kong Owing to concern about the legislation for, and the need to inform the Hong Kong public about, overseas tertiary institutions operating in Hong Kong, the Education and Manpower Branch undertook a review of the Regulations for Overseas Tertiary Institutions operating in Hong Kong. Also, the Education Department established a Working Party on Overseas Qualifications for Appointment of Teachers. The HKCAA participated in both these initiatives.

Publications

During the year the HKCAA also published three newsletters, a handbook and 26 During the year the HKCAA also published three newsletters, a handbook and 26 guidance and information documents.

Finance

Turning to the HKCAA's financial report for the year ended March 1991. The HKCAA is non-profit making and tax exempt. It is funded through charging fees approved by the Government, for accreditation and related services. Its main client is the University and Polytechnic Grants Committee.

The income and expenditure account for the year shows an excess of income over expenditure amounting to some $7.19 million. The majority of this excess was not a surplus as a significant proportion of the expenditure of reviews occurs towards the completion of an exercise and mostly it constitutes "fees in advance" for the expenditure at the commencement of the next financial year.

The actual "surplus" is therefore $1.18 million and it has been applied to costs The actual "surplus" is therefore $1.18 million and it has been applied to costs of accreditation for the following year, thus reducing the average cost of accreditation exercises for 1992-93.

Lastly, Mr Deputy President, I would like to make use of this opportunity to Lastly, Mr Deputy President, I would like to make use of this opportunity to express gratitude to all the staff and panel members of the HKCAA, including those

from overseas, who have contributed much to the work of the HKCAA.

Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1991-92

Public Finance Ordinance : Section 8

SECRETARY FOR THE TREASURY: Mr Deputy President, in accordance with section 8(8)(b) of the Public Finance Ordinance, I now table for Members' information a summary of all changes made to the approved estimates of expenditure for the second quarter of the financial year 1991-92.

Supplementary provision of $811.9 million was approved. It was fully offset, either by savings under the same or other heads of expenditure, or by the deletion of funds under the Additional Commitments subheads. This included $407.3 million for the Vocational Training Council to take over the responsibility for vocational

training for the disabled and the statutory apprenticeship scheme.

During the period, non-recurrent commitments were increased by $20.7 million, During the period, non-recurrent commitments were increased by $20.7 million, new non-recurrent commitments of $110.9 million were approved, and approved non recurrent commitments of $32.9 million were revoted.

In the same period, a net increase of 229 posts was approved.

Items in the summary have been approved either by Finance Committee or under Items in the summary have been approved either by Finance Committee or under delegated authority. The latter have been reported to the Finance Committee in accordance with section 8(8)(b) of the Public Finance Ordinance.

MRS ELSIE TU: Mr Deputy President, may I have your consent to move that Standing Order 16(3) be suspended?

DEPUTY PRESIDENT: You have my consent.

MRS ELSIE TU: Mr Deputy President, I am grateful for your consent for me to move a motion for the suspension of Standing Order 16(3). The purpose of the motion is to

remove the restriction on the number of questions for which an oral reply may be required so that six questions on the Order Paper may receive an oral reply whilst limiting question time to approximately one hour, at your discretion, Mr Deputy President.

I believe that my colleagues and the Administration concur that the trial scheme of having six oral questions raised within one hour at the Legislative Council on 11 March 1992 was satisfactory. It was agreed at the Legislative Council In-House meeting held on 20 March 1992 that the same arrangement should be tried out for the second time at this Legislative Council sitting. I hope that the arrangement will be equally successful. After this trial, a review will be conducted to determine whether the arrangement should be made into a standing practice by amending the

relevant Standing Orders of this Council.

Mr Deputy President, with these remarks, I beg to move.

Question proposed, put and agreed to.

Oral answers to questions

Contempt of court proceedings against two English newspapers

1. MISS EMILY LAU asked: Regarding the Crown's contempt of court cases against the 1. MISS EMILY LAU asked: Regarding the Crown's contempt of court cases against the South China Morning Post and the Asian Wall Street Journal heard in the High Court in December 1991, will the Administration inform this Council:

(a) why the Attorney General decided to drop the charges against the two (a) why the Attorney General decided to drop the charges against the two newspapers;

(b) since the court action began over a year ago, why the Attorney General did (b) since the court action began over a year ago, why the Attorney General did not decide to drop the charges earlier so that the two newspapers need not have incurred the costs of hiring lawyers to represent them; and

(c) how much these legal proceedings have cost the taxpayers in terms of costs (c) how much these legal proceedings have cost the taxpayers in terms of costs being awarded to the South China Morning Post by the court?

ATTORNEY GENERAL: Mr Deputy President, in December 1990 contempt proceedings were brought against the South China Morning Post and the Asian Wall Street Journal arising out of articles that had been written in October and November 1990 in those newspapers referring to accused persons in pending criminal proceedings involving large-scale commercial fraud. I should add that these criminal proceedings have not yet come to trial and are still subject to the law of contempt and to the reporting restrictions as imposed by the court.

As required under the Supreme Court Rules, I applied for and obtained the con As required under the Supreme Court Rules, I applied for and obtained the consent of a High Court Judge for the contempt proceedings to be issued.

By late November 1991 the contempt proceedings had taken much longer to come to trial than originally had been anticipated. I was aware that in the intervening period both newspapers had exercised great care. I formed the view then that if both newspapers were to undertake to continue to exercise a high degree of care in complying with the law of contempt in respect of pending trials a settlement would satisfy the overriding public interest of ensuring that the very important criminal proceedings to which I have just referred should not be prejudiced. It was with these

circumstances in the forefront of my mind that I proposed to both newspapers that if they were to agree to give the undertaking to which I have referred, I would seek the court's consent to withdraw the proceedings. The newspapers agreed to give acceptable undertakings and with the court's consent the proceedings were withdrawn.

The main factor which influenced my decision in December 1991 to withdraw the proceedings on the terms proposed was the great care exercised by both newspapers in the year between the publication of the articles and the case coming to trial. In view of that care, the public interest in my pursuing the case was diminished and in the circumstances, I could see no purpose in incurring the costs of a full trial with the sole purpose of determining whether or not I had been justified in my original decision to institute the proceedings.

The legal costs awarded to the South China Morning Post have yet to be agreed or assessed by the court.

MISS EMILY LAU: Mr Deputy President, will the Attorney General please inform this

Council what kind of undertaking has been extracted from the two newspapers and whether it is the first time that the Government has extracted undertakings from newspapers on the way they report? And also, does the Attorney General realize that the way he has handled this case could reasonably be construed as the Government using the very potent weapon of contempt of court to scare off the press from publishing stories which the Administration does not want to see appearing?

ATTORNEY GENERAL: Mr Deputy President, the undertakings were broadly in the terms that I have already described them. I am unable to say whether or not there were precedents for undertakings being sought previously. I have certainly not done so. As to the third part of the supplementary question, the law of contempt attempts to strike a fair balance between a fair trial and a free press.

MR MARTIN LEE: Bearing in mind that the undertaking the Attorney General had wanted the South China Morning Post to give -- that is, to continue to exercise a high degree of care in reporting pending trials -- had already been offered by the newspaper right from the very beginning, and bearing in mind that an opinion from leading counsel from London for the newspaper had been supplied to the Attorney General's Chambers in which counsel expressed the view that the contempt proceedings were doomed to fail, will the Attorney General inform this Council why he had not accepted this offer at that early stage thereby saving taxpayers at least half a million dollars in court costs which the Attorney General would now be expected to pay?

ATTORNEY GENERAL: Mr Deputy President, as I have said in my main answer, the main factor in December 1991 was the passage of one year in which both newspapers had been scrupulous and responsible in exercising great care. It was then, that is December 1991, that I formed the view that if both newspapers were to give the undertakings to which I have already referred, this would satisfy the overriding public interest of ensuring that the very important criminal proceedings should not be prejudiced.

MR RONALD ARCULLI: Mr Deputy President, would the Attorney General be able to give us some inkling as to what the legal costs might be that might have to be paid to the Morning Post?

ATTORNEY GENERAL: Mr Deputy President, the position is that, as I have already indicated, the costs are to be taxed if not agreed; we are still in the process of trying to agree costs with the Morning Post and in those circumstances I think it would be inappropriate for me to go into the details of what the sum eventually might be.

MISS EMILY LAU: Mr Deputy President, given the general uncertainty surrounding the whole issue of contempt of court -- an issue which I raised during the motion debate on press freedom in February -- will the Attorney General explain to this Council the basis that he uses to initiate contempt of court proceedings against news

organizations? And also, will he give this Council an undertaking to give us a written reply on the cases in which the Administration extracts undertakings from newspapers on the way they report?

ATTORNEY GENERAL: Mr Deputy President, applications for contempt proceedings of course are founded on the common law of contempt; that is part of the law of Hong Kong and is a law which, I suggest, is well understood by the media. As to the second part of the question, I will ascertain whether the information sought can be readily made available. (Annex I)

MRS MIRIAM LAU: Mr Deputy President, can the Attorney General inform this Council why the question of legal costs was not included in the package to be agreed by the newspapers before the proceedings were withdrawn?

ATTORNEY GENERAL: Mr Deputy President, the proceedings were instituted, as I have already said, with the consent of a High Court Judge. The proceedings were therefore properly instituted. In the circumstances, I concluded that the question as to whether or not the Crown should be obliged to pay was one that ought properly to be left to the court.

DR CONRAD LAM (in Cantonese): Mr Deputy President, contempt proceedings were initiated by the Attorney General against the two newspapers and withdrawn subsequently; if in the future similar proceedings are initiated against Chinese

newspapers or other newspapers smaller in scale, will the Administration act likewise by withdrawing the proceedings in the end?

ATTORNEY GENERAL: Each case must be considered on its own merits, Mr Deputy President.

Article 23 of the Basic Law

2. MR JAMES TO asked (in Cantonese): Article 23 2. MR JAMES TO asked (in Cantonese): Article 23 MR JAMES TO asked (in Cantonese): Article 23 of the Basic Law states that "the of the Basic Law states that "the Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies". Will the Government inform this Council:

(a) whether the Government will introduce legislation to control the activities (a) whether the Government will introduce legislation to control the activities prohibited by Article 23 of the Basic Law before 1997 or leave the issue for action by the future Government of the Hong Kong Special Administrative Region;

(b) if i (b) if it is the former case, when such laws will be drafted and introduced to t is the former case, when such laws will be drafted and introduced to this Council; whether this Council will be fully consulted before the Bills are finalized; and

(c) what kind of political organizations or bodies will thus be prohibited from (c) what kind of political organizations or bodies will thus be prohibited from establishing ties with foreign political organizations and bodies?

SECRETARY FOR SECURITY: Mr Deputy President, treason and sedition are offences under the Crimes Ordinance. Theft of official secrets is an offence under the Official Secrets Acts which apply to Hong Kong. The Government has no plans to introduce legislation to cover the other matters mentioned.

MR JAMES TO (in Cantonese): Mr Deputy President, the public is very concerned about recent press reports in the United Kingdom that some Hong Kong people have been blacklisted. In this connection, will the Administration enact before 1997 laws that

would have no retrospective effect, and allow them to be in force for some time before 1997, as in the case of the Bill of Rights Ordinance, so that Hong Kong people would have more confidence in the transition to 1997?

DEPUTY PRESIDENT: Have you understood the question, Secretary for Security?

SECRETARY FOR SECURITY: Mr Deputy President, is the question asking whether we will introduce legislation on these matters before 1997?

DEPUTY PRESIDENT: Would you clarify please, Mr TO?

MR JAMES TO (in Cantonese): Mr Deputy President, the main point of my question is that, if legislation introduced before 1997 should come into force for some time which allows for some experience gained and precedent cases set, it will help boost the confidence of the people of Hong Kong in the transition to 1997 because that would ensure that no sudden change would be brought to our legal system. Would the

Administration share this view?

SECRETARY FOR SECURITY: Mr Deputy President, as I said in my main answer, we do not at present have any plans to introduce legislation on these matters before 1997 but that is not excluded either.

MR HOWARD YOUNG: Mr Deputy President, with regard to his reference to the Official Secrets Acts in the main answer, can the Secretary confirm whether the act is in fact a United Kingdom act that applies to Hong Kong and therefore will lapse automatically in 1997, or whether it is a local law that will be able to continue on?

SECRETARY FOR SECURITY: Yes, Mr Deputy President, there are in fact several United Kingdom Official Secrets Acts which apply to Hong Kong; they have been applied by Order in Council. They will lapse before 1997 if we do not take action before that time to localize them. We are considering the localization of this legislation

before 1997.

REV FUNG CHI-WOOD (in Cantonese): Mr Deputy President, the Secretary mentioned in his reply that the Administration did not have any plans to introduce legislation to cover the other matters. May we know the reason for it?

SECRETARY FOR SECURITY: Mr Deputy President, we have a number of laws that we must localize before 1997, and we have a number of laws that we must adapt before 1997. There is a list of such laws but they are a low priority and we have not got round to considering their introduction yet.

MR JAMES TO (in Cantonese): Mr Deputy President, I would like to follow up on what the Secretary has said in his reply. Would the Secretary think that sensitive charges like those relating to the offences of treason and sedition are given very little attention for political, technical or other reasons?

SECRETARY FOR SECURITY: Mr Deputy President, as I said in my main answer, treason and sedition are already offences. We will need to consider whether the law on these offences requires adaptation before 1997. We have not done so yet.

Abuse of psychoactive drugs

3. DR LAM KUI-CHUN asked: Will the Administration inform this Council whet 3. DR LAM KUI-CHUN asked: Will the Administration inform this Council whet DR LAM KUI-CHUN asked: Will the Administration inform this Council whether the her the Government has any plans to provide facilities for preventing or dealing with further abuse of psychoactive drugs in Hong Kong, particularly in view of recent evidence from the Central Registry of Drug Abuse suggesting that they may be used increasingly as gateway drugs to heroin and other narcotics?

SECRETARY FOR SECURITY: Mr Deputy President, at present, there is no clear evidence in Hong Kong to suggest that psychoactive drugs are being used as gateway drugs to heroin and other narcotics.

However, there is an increasing, though still small, number of psychoactive drug However, there is an increasing, though still small, number of psychoactive drug abusers, aged under 21, who have come to the attention of the Central Registry of Drug Abuse since the mid-1980s. We are taking steps to address this problem.

One of the principal means of dealing with any drug abuse is preventive educa One of the principal means of dealing with any drug abuse is preventive education. We give regular anti-drug talks to secondary school and technical institute students. These talks disseminate information about the harmful effects of drug abuse, and aim to assist youngsters to develop skills to resist peer pressure to experiment with drugs. We now include in these talks an explanation of the dangers of psychoactive drug abuse. We are planning to extend these school talks to Primary VI students in the next academic year. Our wider community publicity also now focuses on young psychoactive drug abusers.

We have also introduced legislative measures and taken law enforcement action to suppress the supply of psychoactive drugs for non-medical purposes. In 1990, we scheduled three of the psychoactive drugs in the Benzodiazepine group as dangerous drugs and earlier this year, we scheduled all of the remaining Benzodiazepines on the market and liable to abuse. This resulted in stricter controls over the supply and use of such drugs. We are also planning to introduce similar controls over cough medicines with more than 0.1% Codeine or Dextromethorphan, which are also

increasingly being abused by youngsters.

For victims of addiction to psychoactive drugs, the Hong Kong Christian Service, For victims of addiction to psychoactive drugs, the Hong Kong Christian Service, with the support of the Government and the Action Committee Against Narcotics, set up the first counselling centre devoted to treating psychoactive drug abuse in March 1988. The centre provides counselling and educational programmes for psychoactive drug abusers, mostly young people, who seek advice and assistance. It also refers clients to private or government practitioners for medical and psychiatric treatment.

DR LAM KUI-CHUN: Mr Deputy President, the preventive education for students mentioned in the reply by the Secretary has been in operation for years; yet during this period the number of new abusers of psychoactive drugs as recorded in the CRDA has been increasing. If the same methods continue to be used in future, how different does the Administration expect the future results to be and why does it so expect?

SECRETARY FOR SECURITY: Mr Deputy President, I believe that the present counselling

work in schools is effective. I do not think there is a very clear continuing trend of increasing numbers of new people using psychoactive drugs. The figures for the last three years show that:

in 1989 there were 929 such cases

in 1990 there were 1 024, and

in 1991 there were 1 025,

which does not indicate any significant increasing trend. Our anti-drug talks in schools do not simply consist of the specific anti-drug talks which I mentioned in my main answer. We also train teachers in drug education and the anti-drug message is included in many parts of the school curriculum, for example, under health

education in primary schools and under such subjects as social studies, economic and public affairs, and biology in secondary schools.

MR HUI YIN-FAT: Mr Deputy President, in view of the increase in the abuse of psychoactive drugs in Hong Kong, particularly for the age group of 14-17 years old, could the Secretary inform this Council:

(a) how youths at risk are being identified and provided with preventive (a) how youths at risk are being identified and provided with preventive education and early treatment; and

(b) what the Government's views are on estab (b) what the Government's views are on estab what the Government's views are on establishing a Chemical Dependency lishing a Chemical Dependency Treatment Centre, a Residential Treatment Centre for Psychoactive Drug Abusers as proposed by the Community Drug Advisory Council?

SECRETARY FOR SECURITY: Mr Deputy President, the young persons who are abusing psychoactive drugs are identified mainly through social workers, in particular out-reaching social workers and those dealing with young people. They are also identified through Probation Officers and school social workers who provide advice and assistance to young persons. There are also many voluntary organizations active in this sphere, such as the Hong Kong Christian Service and the Society for the Aid and Rehabilitation of Drug Abusers. As regards the second part of the question, as I said in my main answer, we have recently established a counselling service for psychoactive drug abuse. We have not at this stage considered the establishment of a residential treatment centre; that is a suggestion which I think will require

further consideration.

MR RONALD ARCULLI: Mr Deputy President, as regards his reference to there being no clear evidence in Hong Kong to suggest that psychoactive drugs are being used as a gateway to heroin or other narcotics, would the Secretary be good enough to inform this Council whether there is evidence elsewhere, and if so, whether there is a

difference in pattern between Hong Kong psychoactive drug abusers and drug abusers of the same type elsewhere?

SECRETARY FOR SECURITY: Mr Deputy President, I think there has been some evidence in other countries of a link between psychoactive drug abuse and narcotic drug abuse. But I would emphasize that I believe this is in some cases only; it is not a definite cause or link. In Hong Kong we certainly have had some claims referred to us that there are persons who have switched from psychoactive drugs to narcotic drugs, but we believe these are isolated occurrences which do not at this stage indicate a firm trend. This is an area where we are considering conducting further research but I would caution that to get any results from research is likely to take a considerable length of time.

DR CONRAD LAM (in Cantonese): Mr Deputy President, will the Administration inform this Council of the channels through which psychoactive drugs have found their ways into the hands of young people, and of the steps the Administration has taken to plug the loopholes?

SECRETARY FOR SECURITY: Mr Deputy President, these are, I think in most cases, prescription drugs which have found their way into the hands of people who are using them not for medical purposes. We have taken a number of measures to try to curb this. As I said in my main answer, we have scheduled many of these drugs as dangerous drugs and we are also considering further tightening up the controls over cough medicines which are abused. There certainly have been a number of cases in past years when it is clear that doctors were prescribing drugs for non-medical purposes. A number of such cases have been investigated and referred to the Medical Council.

Care and attention homes

4. MR WONG WAI-YIN asked (in Cantonese): In view of the shortage of infirmaries as 4. MR WONG WAI-YIN asked (in Cantonese): In view of the shortage of infirmaries as well as care-and-attention homes, which has led to the growth of private homes for the elderly in Hong Kong, will the Government inform this Council:

(a) of the number of places provided at present by infirmaries and care and (a) of the number of places provided at present by infirmaries and care and attention homes; the number of applicants on the waiting list for these places; and the anticipated number of new institutions to be set up and the number of places to be provided in the next five years;

(b) of the number of places and standard of service provided by private homes (b) of the number of places and standard of service provided by private homes for the elderly; and how the Government monitors their operations;

(c) of the number of institutions joining the Voluntary Registration Scheme; (c) of the number of institutions joining the Voluntary Registration Scheme; whether the Government is satisfied with the service provided by the registered institutions; and of the number of bought places;

(d) of the number of private homes for the elderly which have been closed down (d) of the number of private homes for the elderly which have been closed down in the past five years and the reasons of their closure; whether there have been cases of inmates of these institutions seeking government assistance for rehousing; and what assistance has been provided to them; and

(e) lastly, what plans the Government has to help private homes for the elderly (e) lastly, what plans the Government has to help private homes for the elderly improve their standard of service?

SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I shall answer the five-part question seriatim:

(a) At present, there are 1 140 infirmary beds managed by the Hospital Authority (a) At present, there are 1 140 infirmary beds managed by the Hospital Authority and 3 749 places in care and attention homes. As at 31 March 1992, there were 3 107 applicants on the waiting list for infirmary beds and 8 928 applicants on the waiting list for care and attention home places. In the next five years, it is

scheduled that there will be 876 additional infirmary beds and 48 new care and attention homes with some 5 772 additional places.

(b) According to the information available to the Social Welfare Department, (b) According to the information available to the Social Welfare Department, there were 349 private homes for the elderly as at 31 March 1992, providing a total

of 13 025 places. The facilities and standard of service provided by private homes vary considerably. Some provide spacious living conditions with adequate staffing and fair range of facilities. Others are relatively crowded and provide only minimal care and facilities.

In order to monitor the operations of private homes for the elderly, the Social Welfare Department conducts visits on a quarterly basis to these homes. The Fire Services Department and the Buildings and Lands Department also visit private homes on a referral basis to inspect fire and building safety.

(c) As at 31 March 1992, 33 private homes were registered under the Voluntary (c) As at 31 March 1992, 33 private homes were registered under the Voluntary Registration Scheme for Private Homes. On the whole, the Government is satisfied with the services provided by these registered private homes.

The Bought Place Scheme for private homes for the elderly was introduced as an experiment in October 1989 to provide financial incentives to registered private homes in order to raise their standard of service and to increase the overall supply of residential accommodation for the elderly. As at 31 March 1992, 477 places were bought from 29 registered private homes and a further 23 places will be bought in the near future.

(d) We do not have complete figures for the (d) We do not have complete figures for the We do not have complete figures for the past five years. According to the past five years. According to the information available to the Registration Office of Private Homes for the Elderly, 117 private homes have closed down since June 1988 for various reasons. Most of the homes ceased business because of operators' loss of interest in the business and increased operating costs.

Most of the elderly residents affected by these closures were transferred to other private homes by their families. Government assistance was sought in only a small number of cases. In these cases, the Social Welfare Department assisted in placing the residents in other private homes or in subvented homes. Financial

assistance was also provided where necessary.

(e) The Government has long been involved in helping private homes to improve (e) The Government has long been involved in helping private homes to improve their standard of service. In October 1986, a voluntary Code of Practice for Private Homes for the Elderly was introduced as a guide to maintaining a satisfactory level of service. It sets out standards for space, staffing, safety and fire precautions.

In June 1988, the Registration Office of Private Homes for the Elderly was In June 1988, the Registration Office of Private Homes for the Elderly was established for keeping records of private homes, conducting regular inspections and providing advice to home operators.

As mentioned earlier, the Voluntary Registration Scheme and the Bought Place As mentioned earlier, the Voluntary Registration Scheme and the Bought Place Scheme were introduced in 1988 and 1989 respectively to help maintain service standard and to provide incentives for private homes operators to improve their services.

Since 1988, annual training courses for health workers in private homes have Since 1988, annual training courses for health workers in private homes have been organized jointly by the Social Welfare Department and the College of Nursing, Hong Kong. There are plans to expand such training courses.

Finally, I hope to introduce legislation to regulate all residential care homes for the elderly in the next legislative Session to ensure compliance with specified minimum standards.

MR WONG WAI-YIN (in Cantonese): Mr Deputy President, will the Administration inform this Council of the number of complaints it received in respect of private homes for the elderly over the last five years and of the ways the Administration usually deals with these cases? Will the Administration advise the Consumer Council to disclose the names of those institutions that have been complained against time and again?

SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, since the establishment of the Registration Office for Private Homes for the Elderly in 1988, a total of 106 complaints have been received. When complaint is received, the staff of the Social Welfare Department will visit the home, first of all to investigate the case and compile a report. Officers of the Social Welfare Department will take follow-up action and advise the operators on the best means of dealing with the problems that have been identified. Where appropriate, they will draw this to the attention of the relevant authorities.

MR LAU CHIN-SHEK (in Cantonese): Mr Deputy President, as regards the provision of infirmary places in the next five years, I understand that as at 31 March 1992, only one fourth of the demand for infirmary places is met; furthermore, the Administration can only satisfy the demand of 40% of those on the waiting list for

places in the care and attention homes. Will the Administration inform this Council of the estimated number of applicants for infirmary and care and attention home places in the next five years and of the present policy the Administration adopts to tackle the problem? And will the number of applicants on the waiting lists then be more than that of the present?

SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, first of all may I explain the government policy for setting up care and attention homes on a subsidized basis. To qualify for a government subsidy and for admission to a government subsidized care and attention home the applicant should be elderly, over the age of 60, suffering from poor health, and with no family members to provide assistance. Priority is accorded to those with lower income. In the meantime we have, in the last couple of years, amended our planning ratio. The planning ratio used to be eight per 1 000 elderly people in Hong Kong; it has been improved to 11 places per 1 000 applicants in Hong Kong. So one finds that in Hong Kong's situation, as far as we can plan ahead, there will always be a shortage. May I refer to the often discussed theory -- what can be described by health economists as the theory or dilemma of perpetual motion, which means the better the service the more it is in need, and the more it is in need the more enhanced the shortage. To tackle the problem of perennial shortage, we feel that we must approach the problem from a multi-pronged angle. We attack the problem from five different angles. First of all, we accelerate our building programme, not only in terms of care and attention homes but also infirmary places. We introduce innovative measures, such as buying places in private homes. We also introduce

infirmary units in care and attention centres. We have a system whereby we encourage non-profit-making private homes to operate in Hong Kong and a number of these organizations are already picking up. We have a system whereby we encourage private homes not only just to exist but also to improve their standards, and we introduce law accordingly. More importantly, we need to interface with the community so that we can introduce a whole series of community care. In brief, Mr Deputy President, there will be a shortage; there will continue to be a shortage as is mathematically calculated in my main answer. But we need to devise a system whereby we can catch up with the demand for care and attention places, which is always supply led.

MR TIK CHI-YUEN (in Cantonese): Mr Deputy President, the Administration has said that it would introduce legislation to control private homes for the elderly. Has it estimated how many of them would fail to meet the criteria and thus have to close

down following the introduction of the legislation? And how will the Administration take care of the elderly so affected?

SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, we have borne in mind the need to introduce legislation in such a way as to avoid the possibility of displacement of elderly people. Elderly persons should not be displaced through legislation; the idea therefore is to introduce legislation so that the implementation of standards would be phased in. I think it is very important to have in mind the question of meeting the standards and meeting the practical realities of the situation. It is towards this end that we have over the last two years been devising a number of

innovative practices in order to make sure that the displacement question will not arise.

MR FRED LI (in Cantonese): Mr Deputy President, has the Administration conducted any review on the bought place pilot scheme for private homes for the elderly which has been implemented for two years? If yes, will the Administration disclose the result of the review?

SECRETARY FOR HEALTH AND WELFARE: I presume the question refers to buying places in private homes. We have indeed introduced the buying places scheme from 1989 and the money came from the Lotteries Fund Grant. Initially we were purchasing some $30.6 million worth of places -- some 500 places -- from registered homes. We have already spent $37.7 million and we have got over 400 places bought. We intend to fulfil the 500-place scheme. An assessment will be conducted then to determine whether the scheme should be continued.

Noise generated by the Western Harbour Crossing project

5. DR YE 5. DR YEUNG SUM asked (in Cantonese): On the decision to require the franchisee for UNG SUM asked (in Cantonese): On the decision to require the franchisee for the Western Harbour Crossing project to provide remedies to residents affected by noise generated by the project, will the Government inform this Council:

(a) what criteria will (a) what criteria will what criteria will be used to determine whether a residential unit will be be used to determine whether a residential unit will be affected and which residential blocks are most likely to be affected;

(b) which office will be responsible for determining the units to be given (b) which office will be responsible for determining the units to be given remedies and what channels of appeal will be available; and

(c) whether machinery will be set up in the district to brief the residents (c) whether machinery will be set up in the district to brief the residents regularly on progress of the project and to answer residents' queries?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, to decide whether a residential unit will be affected by noise generated by the Western Harbour Crossing project, it must first be established that the use of the unit is principally residential and that it will be affected by an increase in noise level largely attributable to the project. In the initial determination of which premises may be affected, the Environmental Protection Department has used the internationally recognized method which is set out in detail in section 4 on Noise in Chapter 9 on Environment in the Hong Kong Planning Standards and Guidelines. According to the initial assessment, the residential blocks most likely to be affected are along Connaught Road West and Des Voeux Road West adjacent to the project. They are numbers 60 to 188 Connaught Road West and 426 to 466 Des Voeux Road West.

Detailed arrangements and responsibilities for determining which units are to be provided with noise mitigation measures are being worked out. They will be settled soon and certainly well before the construction contract is let. A specialist consultant will be commissioned shortly to survey each of the units potentially affected, to confirm its use and to determine the extent and cost of mitigation work needed to meet predicted noise levels. The consultant's recommendations and calculations will be checked by the Government to ensure that they will meet the environmental requirements and give value for money. Thereafter offer letters will be sent to the affected premises indicating the amount offered and the work to be done. The amount will be the cost to the Government were the Government to do the work. A telephone contact number will be provided in the offer letter, to enable residents or owners to seek clarification or the resolution of any problems.

Residents in the area will be kept informed of progress on the project through Residents in the area will be kept informed of progress on the project through the regular briefings of the Central and Western District Board. Leaflets containing briefing information will also be distributed in the area on a quarterly basis and will be available at the Central and Western District Office. The project office will also be able to deal with queries and complaints arising from the construction

works on the spot and ensure that remedial action is taken promptly.

DR YEUNG SUM (in Cantonese): Mr Deputy President, the Administration suggests that the residents should use improved window frames and air-conditioners. But if the residents still feel that the noise level exceeds the standard set by the Environmental Protection Department even after all the windows have been closed, does the Administration have other remedial measures to minimize the effects on them?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, this will be a question of expertise in the assessment of what is required. As I said earlier, we will be employing an expert in the field of noise and noise mitigation, and we would expect the results of that work to produce adequate effects. I should however point out that the noise levels at the site at present are extremely high, and on that basis we would expect the work to be done to have an immediate impact of improving the situation.

DR HUANG CHEN-YA (in Cantonese): Mr Deputy President, one of the measures the Administration will consider is noise absorbent road surface. Will the Administration inform this Council whether sound proof walls or noise barriers can be used?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, in road schemes of this kind, the inclusion of noise mitigation measures as part of the project is standard. However the situation in this particular case is such that the premises likely to be affected are so close to the roadworks that the built-in mitigation measures will not be sufficient and cannot be augmented other than by the mitigation measures built into the premises affected, which we propose to do in this case.

DR SAMUEL WONG: Mr Deputy President, on the cost of the mitigation work needed to meet the predicted noise level, will the cash be given to the residents or to the owners? Must it be spent on the purchase of air-conditioning units and/or modification work to the windows or could it be simply pocketed by either the tenants or the owners?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, in this case we propose that the cash which will be provided for window improvements should be made available to the owners of the premises, and cash for the installation of air conditioners to the occupants. And as to the second part of the question, before any cash is paid out it will be necessary to monitor installation and ensure that the works which are recommended by our experts are the works which are installed.

MR RONALD ARCULLI: Mr Deputy President, would the Secretary tell us whether the information he has been giving us this afternoon has been supplied to the Central and Western District Board, to the Central and Western District Office, and indeed to the residents that might be affected, and if so, when that was done? If not, when is this sort of information process going to start?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, the Traffic and Transport Committee of the Central and Western District Board was briefed on the project on 5 December 1991, and the board itself was briefed on the proposed noise mitigation measures on 26 March 1992. The question of informing the individual

occupants of the premises is related to our appointment of our Expert Surveyor. I believe general information has been made available to those in the area so far, but the details will need to be communicated to individual occupants once the Expert Surveyor has completed his work, and we will be aiming to do that between mid-1992 this year and mid-1993, well before the major construction works on the project begin.

MR HOWARD YOUNG (in Cantonese): Mr Deputy President, as regards the provision of funds for the noise mitigation measures, has the Administration taken into account the fact that there may be disputes between owners and residents when one party favours the measures while the other does not? If that should happen, does the Administration have in mind any measures to tackle the problem?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, I think we can assume that most of those affected, and who will be offered mitigation measures, will welcome these measures and will wish to see them instituted as rapidly as possible. However, should there be disputes amongst parties involved, then I am certain that

the mechanism that we will be setting up, which will involve the Project Office, the District Office and other departments involved in this sort of situation, will be brought to bear on problems of dispute.

MR MAN SAI-CHEONG (in Cantonese): Mr Deputy President, could I ask whether the Administration has any contingency measures if the affected owners and the consultative bodies in the district which include the district board object to its proposals?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, I am not entirely clear on what basis objection is expected to arise but should there be objections from those affected, as I have said a moment ago, I am sure that the mechanism which will involve departments who normally have a part to play in these situations will be brought to bear to try and resolve those problems.

Electoral Provisions Ordinance

6. MR HOWARD YOUNG asked: Under section 19(1)(e) of the Electoral Provisions 6. MR HOWARD YOUNG asked: Under section 19(1)(e) of the Electoral Provisions Ordinance, a person shall be disqualified for being elected or being nominated as a candidate or holding office as a member of the Hong Kong Legislature if he is a member of any parliament, assembly or council, of any place outside Hong Kong or a salaried functionary of a government of such place. Will the Government please inform this Council if it will consider removing such disqualification criteria before the 1995 elections?

SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, it is the intention of the Administration to review the specific provision in the Electoral Provisions Ordinance which Mr YOUNG refers to before the next round of elections.

MR HOWARD YOUNG (in Cantonese): Mr Deputy President, does the timetable for the review, with the deadline set before the next round of elections, imply that the review may last from today onwards to 1995? Has consideration been given to the timing factor as many people who are interested in entering the elections often have their

minds made up a year or more before the elections?

SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, we shall certainly do our best to arrive at a view well before the 1995 elections.

MR TAM YIU-CHUNG (in Cantonese): Mr Deputy President, regarding the review on the Electoral Provisions Ordinance, can decisions be arrived at before the elections to the National People's Congress next year so that people concerned, including Members of this Council, could decide what to do?

SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, I have already said that we will do our utmost to arrive at a view as soon as possible but I cannot guarantee that we will be able to meet a timetable which is not particularly relevant to Hong Kong.

MISS EMILY LAU (in Cantonese): Mr Deputy President, while some members of the public dislike very much the fact that some Members enjoy "triple membership" by being a Member of the Legislative Council, the Executive Council and district board or the Urban Council at the same time, and have much reservation about how these Members can possibly handle such a heavy workload, the Administration is going to review whether Members should be allowed to serve on the National People's Congress as well. Will the Administration inform this Council whether public interest has been well taken care of if some are allowed to wear so many hats?

SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, we shall certainly take account of what Miss Emily LAU has said in the course of our review.

MR JAMES TO (in Cantonese): Mr Deputy President, as an answer to the whole question, the Secretary simply said that the matter would be taken account of in the review. Could Members be informed whether the disqualification criteria should be removed given that by now the Secretary, in conducting the review, should have examined some of the arguments for or against this removal?

SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, the timetable and programme of the current review is public and has been agreed and discussed with the Legislative Council Select Committee on electoral matters. It is clear that we have not yet gone into detail on this particular issue. It would therefore be imprudent of me to give details as requested.

MR SZETO WAH (in Cantonese): Mr Deputy President, given that the Chinese Government at present still refuses to recognize the Legislative Council, could the Administration inform this Council whether NPC deputies will be interested in being Members of this Council?

DEPUTY PRESIDENT: I am not sure that you need answer, Secretary for Constitutional Affairs, because it is outside the ambit of the main question.

MR MARTIN LEE (in Cantonese): Mr Deputy President, could the Administration inform this Council whether, in negotiating with the Chinese authorities on this matter, the authorities will be asked to consider allowing NPC deputies representing Hong Kong to be returned by way of direct elections so that those Members considered to be unable to get on the "through train" will be able to participate in the NPC

elections?

DEPUTY PRESIDENT: I am afraid that is outside the ambit of the main question.

MR JIMMY McGREGOR: Mr Deputy President, what is the background to the need by the Government to review this specific provision? Is the Government persuaded that a Hong Kong resident holding a political appointment in the Government of China should not be excluded from being a Legislative Council candidate in the 1995 elections? Or are we speaking about people holding political office in other governments?

SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, we have committed ourselves to doing a root-and-branch review and I think it is right and proper for us to look into this particular provision.

Written answers to questions

Air-conditioned bus services

7. MISS EMILY LAU asked: In view of public criticism of the ste 7. MISS EMILY LAU asked: In view of public criticism of the ste MISS EMILY LAU asked: In view of public criticism of the steep fares charged for ep fares charged for air-conditioned public buses, will the Government inform this Council of its policy on air-conditioned bus services with regard to:

(a) how bus routes are chosen to offer air-conditioned service; (a) how bus routes are chosen to offer air-conditioned service;

(b) whether there is a ratio for ai (b) whether there is a ratio for ai whether there is a ratio for air-conditioned and non-air-conditioned bus r-conditioned and non-air-conditioned bus services plying a particular route and how that is determined;

(c) how the fare structure for air-conditioned bus services is determined; and (c) how the fare structure for air-conditioned bus services is determined; and

(d) whether passengers are always given the choice between air-condi (d) whether passengers are always given the choice between air-condi whether passengers are always given the choice between air-conditioned and tioned and non-air-conditioned bus service on any given route?

SECRETARY FOR TRANSPORT: Mr Deputy President,

(a) Air-conditioned buses are deployed on: (a) Air-conditioned buses are deployed on:

(i) selected new routes serving middle or higher income housing developments, (i) selected new routes serving middle or higher income housing developments, as an alternative to taxis and private cars;

(ii) existing routes serving areas where alternative air-conditioned (ii) existing routes serving areas where alternative air-conditioned transport modes are not readily available, giving passengers a choice; and

(iii) special services targetted at commuters who may otherwise add to the peak (iii) special services targetted at commuters who may otherwise add to the peak hour congestion along the MTR Nathan Road corridor.

For services under (ii), they are mixed with non-air-conditioned buses on the same route.

District boards have been consulted on KMB and CMB's proposals for deploying air-conditioned buses in 1992 and 1993, as part of their annually rolled forward route development programmes.

(b) Where air-conditioned and non-air-conditioned buses operate on the same (b) Where air-conditioned and non-air-conditioned buses operate on the same route, there is no pre-determined ratio limiting the number of air-conditioned buses that may be put on any one route. They are normally brought in incrementally, in response to actual demand and proposals endorsed by the relevant district boards.

(c) The fare structure for air-conditioned bus services is determined having (c) The fare structure for air-conditioned bus services is determined having regard to the policy of avoiding cross-subsidization from non-air-conditioned bus services. The maximum fares for air-conditioned services in a given route group are approved by the Governor in Council according to a distance-based fare scale. Like conventional bus services, fares below the maximum may be charged to allow flexible pricing if the Commissioner for Transport so approves.

The actual fares now charged are on average 35% below the maximum permitted fares. In determining the actual fare to be charged on individual routes, the Commissioner takes into account factors including the projected financial performance of the air-conditioned service in question, passenger affordability, market environment and fares charged on alternative transport modes.

The Transport Department has recently completed a review of the current fare The Transport Department has recently completed a review of the current fare scales, based on empirical data available since the introduction of air-conditioned double-deckers and medium coaches in 1991. The outcome of the review will be presented to the Transport Advisory Committee for consideration and advice.

(d) Air-conditioned buses now account for 12% and 6% respectively of KMB and C (d) Air-conditioned buses now account for 12% and 6% respectively of KMB and CMB's fleets.

As explained in (a)(i) and (iii) above, certain routes use solely air-conditioned buses, as an alternative to other public transport modes.

For many existing services which operate with a mix of air-conditioned and non-air-conditioned buses, the proportion of air-conditioned buses does not exceed 30%.

To facilitate passengers' choice, arrangements are being made to provide better passenger information at bus stops, such as timetables showing the frequencies of air-conditioned and non-air-conditioned services.

Protection of government reserves against inflation

8. MR DAVID LI asked: Will the Administration inform this Counci 8. MR DAVID LI asked: Will the Administration inform this Counci MR DAVID LI asked: Will the Administration inform this Council of the steps it l of the steps it takes to protect the real value of the Government's reserves against the effects of inflation; the average annual income earned by the reserves, in percentage terms, over the last five years; and the capital growth of the reserves as a result of

investment in each of the past five years?

SECRETARY FOR THE TREASURY: Mr Deputy President, the bulk of the Government's reserves is deposited with the Exchange Fund to avoid foreign exchange risks and credit risks. The remaining balance, to cover operational cash requirements, is held in short term deposits with local banks or in current accounts.

The total interest added to the reserves in the past five years, expressed in money terms and as a percentage of the average reserves in each year, was as follows:

Total

interest % of average interest % of average

$M reserves $M reserves

1990-91 5,750 1990-91 5,750 8.0

1989-90 5,300 1989-90 5,300 8.2

1988-89 3,122 1988-89 3,122 6.2

1987-88 1,537 1987-88 1,537 4.0

1986-87 1,309 1986-87 1,309 4.5

Note-issuing bank

9. MR MARTIN LEE asked: Will the Government inform this Council: 9. MR MARTIN LEE asked: Will the Government inform this Council:

(a) what criteria the Government will use in considering whether to allow any (a) what criteria the Government will use in considering whether to allow any other bank in addition to the Hongkong and Shanghai Banking Corporation (HSBC) and the Standard Chartered Bank to become a note-issuing bank before 1997;

(b) whether the Government (b) whether the Government whether the Government has received any request from any bank in Hong Kong has received any request from any bank in Hong Kong to be allowed to issue bank notes; and

(c) whether the Government intends to review the status of the HSBC as a (c) whether the Government intends to review the status of the HSBC as a note-issuing bank in the light of:

(i) the HSBC having become a subsidiary of the Unite (i) the HSBC having become a subsidiary of the Unite the HSBC having become a subsidiary of the United Kingdom-registered HSBC d Kingdom-registered HSBC Holdings plc in 1990; and

(ii) the recent announcement concerning the proposed takeover of Midland Bank (ii) the recent announcement concerning the proposed takeover of Midland Bank Plc by HSBC Holdings Plc and the uncertainty over the location of the headquarters of the HSBC Holdings Plc after the takeover?

SECRETARY FOR MONETARY AFFAIRS: Mr Deputy President,

(a) A bank which issues notes should be one of undoubted reputation with sound (a) A bank which issues notes should be one of undoubted reputation with sound and well established banking operations locally and an extensive branch network. It must command the confidence of members of the public and have a firm long-term commitment to Hong Kong. Additionally, there are a number of more technical requirements that a bank must address if it were to become a note-issuer. For example, a note-issuing bank is obliged to supply bank notes to its customers on demand without restriction against Hong Kong dollar balances and to other banks against US dollars. It must similarly stand ready to accept bank notes without restriction. A note issuing bank must also ensure it has adequate US dollar funding to meet any sudden upsurge in demand for its notes. It is also required to have adequate and secure storage, transportation, distribution and note destruction facilities, which must be subject to tight audit control at all levels and stages. All costs relating to distribution, storage, sorting and destruction of bank notes have to be met by the note-issuing bank.

(b) It would not be appropriate to comment on whether or not the Government has (b) It would not be appropriate to comment on whether or not the Government has received any such request. Discussion, if any, between the Government and any bank which might be interested in becoming a note-issuer must remain confidential. It should be noted, however, that before any additional note issuer could be appointed it would be necessary to seek Members' approval to amendments to the Bank Notes Issue Ordinance.

(c) It is not the intention of the Government to review the status of the Hon (c) It is not the intention of the Government to review the status of the Hongkong and Shanghai Banking Corporation as a note-issuing bank in the light of the

development to which reference is made.

Promotion of environmental awareness

10. MR LAU CHIN-SHEK asked: Will the Government inform this Council of the details 10. MR LAU CHIN-SHEK asked: Will the Government inform this Council of the details of the Environmental Protection Department's existing programme to promote environmental awareness in secondary schools, the number of staff specifically deployed to undertake this task and their work arrangement, and the difficulties that have been encountered in the implementation of the programme, if any?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, the Environmental Protection Department (EPD) is not actively engaged in promoting environmental awareness in secondary schools because this task is the responsibility of the Education Department (ED), although EPD indirectly assists it. Therefore, no EPD staff are specifically deployed to undertake this task and the department does not have any particular work arrangements relevant to it or experience of difficulties associated with it. While EPD's staff resources are largely devoted to dealing with Hong Kong's pollution problems, as noted above, it does assist ED in several ways in promoting environmental awareness in secondary schools.

First, in April 1990, with a $5 million grant from the Royal Hong Kong Jockey Club, EPD prepared material for use in environmental education in secondary schools; this included teaching kits, five short films, a teachers' manual and work cards.

Secondly, EPD has helped ED's Curriculum Development Committee develop a new "Environmental Education" module for the Liberal Studies syllabus which will be introduced to Secondary VI and VII later this year.

Thirdly, EPD provides liaison between ED and the Environmental Campaign Committee (ECC) which, under the chairmanship of the Honourable Mrs Peggy LAM, promotes environmental awareness throughout Hong Kong. In the past two years the ECC, with EPD assistance, has encouraged many students and schools to take part in activities it has organized. These have included Awards for Ten Outstanding Schools in Environmental Education, a "Cut-Waste" slogan competition, a seminar on Environmental Education for Secondary School Teachers, a Students' Painting Competition, a Bus and Tram Tour in support of World Environment Day and a Bus Painting

exercise.

Fourthly, EPD has recently created a post of Community Relations Officer; this Fourthly, EPD has recently created a post of Community Relations Officer; this officer will devote most of his time to environmental education generally.

I am advised by ED, who are responsible for promoting environmental education in schools, that the department advocates a cross-curricular approach to environmental education. It is not offered as a single subject, but elements of it permeate the formal curriculum at the secondary school level. In this way, each secondary school subject contributes towards the development of pupils' knowledge, skills and attitudes as regards environmental awareness. To cope with changing situations, the syllabuses for all secondary subjects are constantly reviewed to ensure that there is sufficient emphasis on current environmental issues.

In addition to the more formal instruction built into the curriculum as outlined In addition to the more formal instruction built into the curriculum as outlined above, students are also encouraged to take part in extra-curricular activities, such as talks, debates and exhibitions, relating to the environment. Many of these activities are co-ordinated through programmes organized by the Community Youth Club Scheme run by ED.

To assist teachers in the implementation of environmental education programmes, ED organizes regular in-service training courses. Materials provided by the Advisory Inspectorate are supplemented by courses held at the Sai Kung Field Studies Centre. Guidelines and suggestions for pursuing environmental education in schools are also being developed and are expected to be distributed to schools in the middle of this year.

The number of staff deployed by ED is difficult to quantify because of the The number of staff deployed by ED is difficult to quantify because of the cross-curricular approach adopted. However, the work of all the teachers involved is drawn together by a Principal Inspector tasked with co-ordinating and implementing the various strands of the programme.

Among the difficulties encountered by ED are the problems of finding sufficient time to integrate environmental education programmes into the curriculum and the tight schedules and heavy workloads of teachers. Staff normally have to accept additional commitments to promote environmental awareness among pupils and it is largely through the dedication of these staff that environmental education is being successfully implemented in secondary schools in Hong Kong.

Marine industrial safety

11. MR LAU CHIN-SHEK asked: Will the Government inform this Council of the follow 11. MR LAU CHIN-SHEK asked: Will the Government inform this Council of the following:

(a) the number of cases involving occupational accidents at sea handled by the (a) the number of cases involving occupational accidents at sea handled by the Marine Department in each of the past three years;

(b) the causes of these occupational ac (b) the causes of these occupational ac the causes of these occupational accidents; cidents;

(c) the number of prosecutions carried out by the Marine Department against (c) the number of prosecutions carried out by the Marine Department against alleged offenders in these cases; the number of prosecutions successfully carried out and the amount of fines imposed; and

(d) the number of existing Marine Department (d) the number of existing Marine Department the number of existing Marine Department staff responsible for enforcing staff responsible for enforcing occupational safety at sea; and details of their work?

SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President,

(a) The Marine Industrial Safety Section of the Marine Department investigated (a) The Marine Industrial Safety Section of the Marine Department investigated the following number of cases which took place in the waters of Hong Kong in the year stated:

Year Injuries Year Injuries Injuries Fatalities Fatalities

1991 20 1991 20 15

1990 17 1990 17 8

1989 19 1989 19 21

(b) The outcome of enquiries conducted by the department suggests that most of (b) The outcome of enquiries conducted by the department suggests that most of the cases were caused by the carelessness of the workers involved or failure by workers and their foremen to observe safe working practices;

(c) The number of prosecutions by the Marine Department against alleged offen (c) The number of prosecutions by the Marine Department against alleged offenders is as follows:

Summonses Guilty Summonses Guilty Nature of Nature of

Year applied fo Year applied fo applied for verdict verdict verdict offence offence offence Fines($) Fines($)

1991 1 in progress in progress in progress Failure Failure Failure -

to report

1990 2 2 an 1 000

accident

1989 3 2 4 000

(d) The Marine Industrial Safety Section of the Marine Department is responsible (d) The Marine Industrial Safety Section of the Marine Department is responsible for the enforcement and promotion of occupational safety afloat. This section comprises:

one Senior Shipping Safety Officer;

three Shipping Safety Officers; and

eight Shipping Safety Assistants.

The staff of this section pay regular visits to Public Cargo Working Areas and private waterfronts, conduct safety inspections on the condition of cargo handling gear on board vessels in the harbour, and promote safe cargo handling practice. In addition, they conduct safety inspections of all vessels undergoing repair afloat.

In the event of serious accidents, casualty investigations are conducted to In the event of serious accidents, casualty investigations are conducted to ascertain cause and to prevent recurrence. The section publishes safety guides, pamphlets and posters which are directly mailed to a large number of companies in the trade, and which are also freely available at Public Cargo Working Areas and District Marine Offices.

Unit cost per place in primary and secondary schools

12. MR TIMOTHY HA asked: Will the Government inform this Council: 12. MR TIMOTHY HA asked: Will the Government inform this Council:

(a) of the current "unit cost" per student place for each level (a) of the current "unit cost" per student place for each level of the current "unit cost" per student place for each level of education from of education from Primary I to Secondary VII in a government as well as an aided school; and

(b) of the methodology for the computation of the "unit cost" and the cost (b) of the methodology for the computation of the "unit cost" and the cost components?

SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, the answers to Mr HA's questions are as follows:

(a) The estimated unit costs per place for the 1992-93 financial year are: (a) The estimated unit costs per place for the 1992-93 financial year are:

Primary (Note 1) (At 1992-93 price level) Primary (Note 1) (At 1992-93 price level)

$

Government 12,145 Government 12,145

Aided 8,788 Aided 8,788

Secondary

Government

S1 -- S3 21,483 S1 -- S3 21,483

S4 -- S5 S4 -- S5 19,678

S6 -- S7 34,996 S6 -- S7 34,996

(At 1992-93 price level)

$

Aided

S1 -- S3 14,194 S1 -- S3 14,194

S4 -- S5 12,134 S4 -- S5 12,134

S6 -- S7 22,369 S6 -- S7 22,369

Note 1 Unit costs are the same for all levels in primary s Note 1 Unit costs are the same for all levels in primary s Unit costs are the same for all levels in primary schools because of uniform chools because of uniform teacher-class ratio and similar degree of involvement by senior and junior teachers throughout Primary I to Primary VI.

(b) Generally, unit costs are derived from dividing costs at the respective (b) Generally, unit costs are derived from dividing costs at the respective levels by the approved enrolment. The estimated unit costs for 1992-93 are based

on 1991-92 actual costs, adjusted to take into account additional costs arising from the introduction of new improvement measures and inflation, estimated at 10.5% for staff and 8.5% for other costs. The cost components cover mainly staff, administrative expenses and major repairs. The only differences between government and aided schools lie in the provision for staff on-costs for the former and provident fund contributions for the latter.

Neighbourhood Watch Scheme

13. MR WONG WAI-YIN asked: With regard to the "Neighbourhood Watch Scheme" 13. MR WONG WAI-YIN asked: With regard to the "Neighbourhood Watch Scheme" implemented by Police Community Relations Offices in residential buildings, will the Government inform this Council:

(a) of the number of buildings joining and with (a) of the number of buildings joining and with of the number of buildings joining and withdrawing from the scheme, on a drawing from the scheme, on a yearly basis, since its inception;

(b) whether there has been a decline in the number of participating buildings; (b) whether there has been a decline in the number of participating buildings; if so, what the reasons for the decline are;

(c) what difficulties have been encountered in the implementati (c) what difficulties have been encountered in the implementati what difficulties have been encountered in the implementation of the scheme; on of the scheme; and how the scheme can help improve the law and other situation;

(d) whether the Government will launch another drive to promote the scheme; if (d) whether the Government will launch another drive to promote the scheme; if so, what measures will be taken; and

(e) how many buildings remaining in the scheme have i (e) how many buildings remaining in the scheme have i how many buildings remaining in the scheme have indicated their intention ndicated their intention to withdraw from it?

SECRETARY FOR SECURITY: Mr Deputy President, since the inception of the Neighbourhood Watch Scheme in November 1985, an average of 76 buildings have joined the scheme each year. No records regarding withdrawal have been kept but the withdrawal rate is believed to be very low. The residents of 601 buildings now participate in the

scheme.

The scheme was intended as a crime prevention measure through co-operation among neighbours and to strengthen links with the local police. These objectives have been

achieved to a limited extent only. In some cases, it has been difficult to keep up interest and momentum among the participants of the scheme in a high rise environment where residents value their privacy.

The scheme was reviewed by the Fight Crime Committee last year. The Committee The scheme was reviewed by the Fight Crime Committee last year. The Committee decided that the scheme should continue to be implemented in its present format. However, to ensure that the scheme will in future be implemented only where there is a demand for it, the police will target the scheme in buildings in response to requests for implementation. It is hoped that more new buildings will participate in the scheme. Meanwhile, the police will continue with the scheme in the existing 601 buildings. Residents in none of these buildings have expressed the intention of withdrawing from the scheme.

Usable floor area

14. MR JIMMY McGREGOR asked: Will the Government inform this Council whether it will 14. MR JIMMY McGREGOR asked: Will the Government inform this Council whether it will introduce legislation to standardize the method of describing usable floor area in flats for sale and to require that sellers publish this information in all sales literature of uncompleted buildings covering both consent and non-consent scheme developments?

SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, the Building (Planning) Regulations under the Buildings Ordinance already contain a definition of "usable floor space" (please see Annex). However, this is used for the purpose of determining building standards for items such as sanitary fitments and means of escape and is different from the concept of "saleable floor area". There is no

statutory definition of the latter, which is commonly taken to refer to the floor area exclusively allocated to a unit but excluding common areas such as stairs and lift shafts.

The Land Office Consent Scheme has adopted a standard form of Agreement for Sale and Purchase where the definition of "saleable area" set out at the Annex is used. This definition was introduced after consultation with the Consumer Council, the Real Estate Developers Association, the Royal Institute of Chartered Surveyors and the Hong Kong Institute of Surveyors. The Law Society has also adopted an identical definition for non-consent cases. Thus at the time of signing the formal Agreement

for Sale and Purchase, purchasers should be well aware of the precise saleable area of the unit and can also check the floor plan of the unit attached to the agreement.

The saleable area is one of a number of mandatory items to be disclosed in sales brochures and publicity materials for the sale of uncompleted units on new government land, that is, Consent Scheme cases. For Non-Consent Scheme developments, however, it is a matter for the developers to decide whether or not to include disclosure of saleable area in the sales brochures.

Part of the reasons behind the recent public concern at the disclosure of saleable area is that, unlike the case of the Consent Scheme, in Non-Consent Scheme cases the Provisional Agreement for Sale and Purchase is a binding agreement from the outset. The purchaser may have signed the provisional agreement on the strength of the

information contained in the sales brochure and other publicity material, which may not specify the saleable area, and he will only be able to check the specific layout plan of the unit and the saleable area when he has to sign the formal Agreement for Sale and Purchase. It may then be difficult for him to withdraw from the purchase without losing the deposit paid. If the information provided by the vendor amounts to misrepresentation, the purchaser may sue for damages and recovery of his deposit. In practice, however, the cost of litigation and the need to obtain the necessary evidence to prove that misrepresentation existed might deter the purchaser from

taking legal proceedings.

The Administration is considering whether the introduction of legislation to protect the interests of the consumer in this regard would be feasible. Before proposals are drawn up, interested parties such as the Consumer Council, the Law Society, and the Real Estate Developers Association will be consulted.

Annex

Usable Floor Space and Saleable Area

(a) "Usable Floor Space" under the Building (Planning) Regulations (a) "Usable Floor Space" under the Building (Planning) Regulations

"any floor space other than staircases, staircase halls, lift landings, the s "any floor space other than staircases, staircase halls, lift landings, the space used in providing water-closet fitments, urinals and lavatory basins and the space occupied by machinery for any lift, air-conditioning system or similar device"

(b) "Saleable Area" under the Land Office Consen (b) "Saleable Area" under the Land Office Consen "Saleable Area" under the Land Office Consent Scheme t Scheme

"the floor area of the unit (which shall include the floor area of any balconies and verandahs), the subject of this Sale and Purchase Agreement (hereinafter called 'the said unit'), measured from the exterior of the enclosing walls of the said unit except where such enclosing walls separate two adjoining units in which case the measurement shall be taken to the middle of those walls, and shall include the internal partitions and columns within the said unit; but shall exclude the common parts

outside the enclosing walls of the said unit provided that if any of the enclosing walls abut onto a common area, then the whole thickness of the enclosing walls which so abut shall be included. The saleable area shall not include:

(a) any cocklofts, (a) any cocklofts,

(b) any bay windows which do not extend to the floor level of the said unit, any bay windows which do not extend to the floor level of the said unit,

(c) any carparking spaces, car ports, yards, terraces, gardens and roofs of any (c) any carparking spaces, car ports, yards, terraces, gardens and roofs of any description,

but the areas of such cocklofts (which shall be measured in accordance with this clause) and of such bay windows, carparking spaces, car ports, yards, terraces, gardens and roofs shall be specified and described as additional separate items in clause ( ) hereof."

Review of long service payment and severance payment schemes

15. MR TAM Y 15. MR TAM Y MR TAM YIU-CHUNG asked: Will the Government inform this Council whether the IU-CHUNG asked: Will the Government inform this Council whether the existing provision relating to the maximum payments under the long service payment and severance payment schemes will be reviewed to provide greater protection for workers with long service?

SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, the Government intends to review the provisions on long service payment and severance payment towards the end of the year. If amendments to these provisions are considered necessary, proposals will be submitted to the Labour Advisory Board for advice.

Consortium schools

16. MR NG MING-YUM asked: Will the Government inform this Council: 16. MR NG MING-YUM asked: Will the Government inform this Council:

(a) of the effectiveness of the government co-ordinated pilot scheme on (a) of the effectiveness of the government co-ordinated pilot scheme on consortium schools; and whether the Government will promote this system in the coming school year; if so, what measures will be taken;

(b) how the Government will assist schools and their teaching staff to unders (b) how the Government will assist schools and their teaching staff to understand and adopt the new Advanced Supplementary Level (ASL) curriculum to be introduced in the coming school year and whether schools will be allowed to recruit additional teachers and to expand their school premises if classrooms are found to be

insufficient; and

(c) how the Government will help this year's HKCEE candidates kno (c) how the Government will help this year's HKCEE candidates kno how the Government will help this year's HKCEE candidates know more about w more about the consortium schools system and the ASL curriculum that are to be introduced in the coming year to assist them to make an informed decision on which school to choose and what subject to take for their matriculation course?

SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, as regards the first part of Mr NG's question, I should like first to explain what is meant by "consortium schools". In September 1992, new Advanced and Advanced Supplementary Level subjects will be introduced in schools, in line with the policy to broaden the sixth form curriculum. However, there are practical constraints on the range of subjects which individual schools can offer. To overcome these constraints, the Education

Department has suggested that schools form themselves into groups, or "consortia" and pool their resources in order to offer a more comprehensive curriculum to their students. A pilot scheme was launched in September 1991, involving the Po Leung Kuk Centenary College and Po Leung Kuk Tang Yuk Tien College in Tuen Mun. Under this scheme, the two schools offer different subjects which are available to sixth form students of either school. As the pilot scheme has been implemented for less than a year, its effectiveness has yet to be properly evaluated.

As regards the second part of Mr NG's question, the Education Department has taken the following measures to assist schools and their teaching staff to understand and adopt the new Advanced Supplementary Level (ASL) curriculum:

(a) Syllabus (a) Syllabus Syllabus outlines, with detailed curriculum guides on various ASL subjects outlines, with detailed curriculum guides on various ASL subjects and the teaching of the subjects have been prepared with the advice of the Curriculum Development Council for circulation to schools;

(b) Seminars and talks have been organized by the A (b) Seminars and talks have been organized by the A Seminars and talks have been organized by the Advisory Inspectorate to en dvisory Inspectorate to enable school heads, panel chairmen and teachers to familiarize themselves with the implementation of the new sixth form curriculum. These seminars will be repeated from time to time;

(c) Two series of in-service training courses (c) Two series of in-service training courses Two series of in-service training courses for prospective ASL teachers were for prospective ASL teachers were commissioned by the Education Department and organized by the Faculty of Education of the University of Hong Kong in the academic year 1990-91. Similar training courses will be run by the Faculties of Education of both the University of Hong Kong and the Chinese University of Hong Kong in 1991-92 and 1992-93;

(d) Officers of the Advisory Inspectorate have been attending meetings with (d) Officers of the Advisory Inspectorate have been attending meetings with school councils/associations to discuss the implementation of ASL subjects. Subject inspectors also give advice to schools and teachers on the introduction and implementation of the ASL curriculum during school visits and inspections;

(e) A Guide to the Sixth Form Curriculum is being prepared and will be issued (e) A Guide to the Sixth Form Curriculum is being prepared and will be issued to schools shortly.

Additional teachers for split-class teaching will be provided to schools with Additional teachers for split-class teaching will be provided to schools with effect from 1 September 1992. Subject to the availability of funds, schools with insufficient classrooms may apply for the conversion of spare teaching spaces (for example, special rooms) or open/covered carpark to be used as classrooms.

As regards the last part of Mr NG's question, HKCEE candidates will be informed by their own schools about the ASL curriculum and of any consortium system in operation. In addition, a booklet giving information on the Secondary VI subjects offered in each school will be made available for the information of Secondary V school leavers at the District Education Offices and the Careers and Guidance Section of the Education Department.

First Reading of Bills

INLAND REVENUE (AMENDMENT) (NO. 3) BILL 1992

DUTIABLE COMMODITIES (AMENDMENT) BILL 1992

STAMP DUTY (AMENDMENT) (NO. 3) BILL 1992

ENTERTAINMENTS TAX (AMENDMENT) BILL 1992

HUMAN ORGAN TRANSPLANT BILL

PROTECTION OF WOMEN AND JUVENILES (AMENDMENT) BILL 1992

BUILDINGS (AMENDMENT) BILL 1992

Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).

Second Reading of Bills

INLAND REVENUE (AMENDMENT) (NO. 3) BILL 1992

THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Inland Revenue Ordinance."

He said: Mr Deputy President, I move that the Inland Revenue (Amendment) (No. 3) Bill 1992 be read the Second time.

This is the first in a series of four Bills which I will be introducing this This is the first in a series of four Bills which I will be introducing this afternoon, in order to give effect to the revenue-related proposals in this year's Budget. Resolutions to amend the Rating Ordinance and the Betting Duty Ordinance will also be necessary. They will be moved in a few weeks' time, after adequate time for discussion, at the same time as debate on the Budget Bills is resumed.

The Bill now before Members seeks to give legislative effect to two major Budget proposals.

Clauses 2 and 3 of the Bill increase the rate of profits tax payable by corporations from 16.5% to 17.5%. This increase, applicable to assessments for 1992-93, would yield $850 million in 1992-93, or $1.6 billion in a full year.

Clause 4 of the Bill adds an additional scale of tax allowances to the Fourth Schedule of the Inland Revenue Ordinance, so that basic, married persons, dependent parent, child and single parent allowances would be increased. The total cost to revenue would be $850 million in 1992-93, or $1.2 billion in a full year. As I

explained in my concluding speech on the Appropriation Bill in this Council on 1 April, these significant increases have the effect of maintaining the real value of personal tax allowances over time.

Mr Deputy President, I also said in my speech on 1 April that in the next Budget I intend to increase substantially salaries tax allowances and to improve tax bands. The combined effect of these improvements would be to reduce further the effective rates of tax paid by middle-income earners, which are already low by any international standards. But I must reiterate that such measures will only be possible if our financial position continues to be as forecast. And among other things this means the passing of all the revenue measures in the present Budget.

Mr Deputy President, I move that the debate on this motion be now adjourned. Mr Deputy President, I move that the debate on this motion be now adjourned. Question on the adjournment proposed, put and agreed to.

DUTIABLE COMMODITIES (AMENDMENT) BILL 1992

THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Dutiable Commodities Ordinance."

He said: Mr Deputy President, I move that the Dutiable Commodities (Amendment) Bill 1992 be read the Second time.

This Bill has four main purposes. First, it would result in the abolition of duty on soft drinks. This measure will cost the general revenue about $230 million a year. The Beverage Manufacturers Association of Hong Kong have written to me since

the introduction of the Appropriation Bill, confirming their earlier undertaking to pass on the benefit of this concession to consumers.

Secondly, clause 6 of the Bill would increase the duty rates on liquor, tobacco Secondly, clause 6 of the Bill would increase the duty rates on liquor, tobacco and fuel. I should emphasize that these are nominal increases only, designed to maintain the value of the duty imposed in line with inflation. I have deliberately avoided any increases in real terms. For that reason, those duty rates which are set on an ad valorem basis have remained unchanged.

Thirdly, a number of the clauses of the Bill are designed to give legislative effect to the Budget proposal that duty be paid on light diesel oil used by pleasure craft, with effect from 1 June 1992. The present exemption from duty on fuel arises from provisions in the Dutiable Commodities Ordinance which date back to a time when pleasure vessels were relatively few in number. Although petrol used by pleasure craft is already subject to duty, most pleasure craft are now able to use duty-free diesel fuel. The ending of this inequitable distinction should increase general revenue by about $80 million a year.

Finally, clauses 6(h) and 15(6) of the Bill would give effect to the Budget Finally, clauses 6(h) and 15(6) of the Bill would give effect to the Budget proposal to exempt franchised bus companies completely from the duty on diesel fuel. Under the Schemes of Control, this concession would automatically be reflected in future adjustments to bus fares. It would cost the general revenue about $190 million a year.

Mr Deputy President, I move that the debate on this motion be now adjourned. Question on the adjournment proposed, put and agreed to.

STAMP DUTY (AMENDMENT) (NO. 3) BILL 1992

THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Stamp Duty Ordinance."

He said: Mr Deputy President, I move that the Stamp Duty (Amendment) (No. 3) Bill 1992 be read the Second time.

This Bill seeks to give legislative effect to two proposals in this year's Bu This Bill seeks to give legislative effect to two proposals in this year's Budget.

First, clause 2 of the Bill would bring most rights, options and interests in respect of stock within the definition of "stock" in the Stamp Duty Ordinance, so that a sale and purchase or transfer of such rights, options or interests would be chargeable with stamp duty. The principal effect of this amendment would be to extend the application of stamp duty to the sale and purchase or transfer of covered warrants. As I said in my speech moving the Second Reading of the Appropriation Bill on 4 March, this is a logical extension of our existing tax system, since these warrants are a routinely traded form of security.

Secondly, clause 3 of the Bill would reduce from 0.5% to 0.4% the rate of stamp duty on contract notes. This represents a continuation of the gradual process of reduction in duty on stock transfers, designed to maintain the competitiveness of Hong Kong's securities market.

The extension of stamp duty to covered warrants will bring in an extra $140 million revenue a year. The reduction in the rate of contract note duty will cost the revenue $400 million a year. The Bill has no staffing implications.

Mr Deputy President, I move that the debate on this motion be now adjourned. Question on the adjournment proposed, put and agreed to.

ENTERTAINMENTS TAX (AMENDMENT) BILL 1992

THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Entertainments Tax Ordinance."

He said: Mr Deputy President, I move that the Entertainments Tax (Amendment) Bill 1992 be read the Second time. The purpose of this Bill is to amend the Entertainments Tax Ordinance, to give effect to the proposal in the Budget to abolish entertainments tax on cinema tickets.

The cost of this measure to general revenue will be $130 million a year. There The cost of this measure to general revenue will be $130 million a year. There are no staffing implications.

In moving the Second Reading of the Appropriation Bill on 4 March, I noted that I had received assurances from Hong Kong's two largest cinema operators that the full

benefit of this concession would be passed on to cinema-goers, and that there would be no increase in the price of tickets in the coming year. I have no reason to doubt that the operators concerned will abide by this agreement. I have, however, noticed media reports to the effect that some film distributors may not intend to pass on the full value of the concession to the public. I am somewhat concerned about these reports and shall be looking into the situation closely. If circumstances warrant, concessions can of course be reversed in future Budgets.

Mr Deputy President, I move that the debate on this motion be now adjourned. Question on the adjournment proposed, put and agreed to.

HUMAN ORGAN TRANSPLANT BILL

THE SECRETARY FOR HEALTH AND WELFARE moved the Second Reading of: "A Bill to prohibit commercial dealings in human organs intended for transplanting, to restrict the transplanting of human organs between persons who are not genetically related and for supplementary purposes connected with those matters."

She said: Mr Deputy President, I move that the Human Organ Transplant Bill be read the Second time.

The Bill prohibits commercial trading in organs, whether obtained from living or deceased donors, and regulates the use of organs obtained from live donors. It does not in any way restrict voluntary donations. Indeed, these are to be praised and encouraged.

Unlike voluntary donation through caring for others and compassion, the practice of buying and selling human organs for purposes of transplant is both ethnically unacceptable and morally repugnant. There can be no justification for debasing the value of the individual by allowing the existence of a "market" in human organs.

Commercial organ trading and "donation" under duress is condemned worldwide. The Hong Kong Medical Association has adopted guidelines against commercial organ trading and also urged members of the profession not to be involved in such activities on grounds of professional ethics.

While no case of commercial organ transplant has been recorded in Hong Kong, such an act would not be illegal under the present law. A person may advertise an organ for sale or purchase provided that such advertisement is directed at the medical profession. Similarly, a medical practitioner may legally engage in commercial

organ trading as a middleman or perform a transplant using an organ obtained by purchase.

There is need therefore for tighter legislative control. We should not rely only on professional ethics and regulation of doctors. We therefore propose new legislation and heavy sanctions: the Human Organ Transplant Bill 1992 will provide for this.

The Bill will ban advertising and solicitation related to commercial organ trading. The penalty for initiating or negotiating any arrangement involving payment for an organ will be a fine of $10,000 for first conviction and $25,000 plus imprisonment for one year upon subsequent conviction.

Transplant of organs from living donors will be prohibited unless the donor is genetically related or married to the prospective recipient, or unless approval is obtained from the Human Organ Transplant Board. Failure to comply with this stipulation will attract a $10,000 fine for the first conviction and a $25,000 fine and imprisonment for one year for subsequent convictions.

This Bill supplements but does not supplant a medical practitioner's own code This Bill supplements but does not supplant a medical practitioner's own code of ethics. In the case of a transplant involving a living donor, it is for the doctor to consider whether the operation is in the best interest of both parties. He will have to evaluate whether the harm to the donor will exceed the benefit to the

recipient.

Mr Deputy President, in conjunction with our proposal to legislate against commercial organ trading, we will be launching a multi-media campaign in collaboration with professional and community groups to enhance public awareness and to motivate more generous organ donation. Spring is upon us. At this time of rejuvenation and rebirth, it is fitting to be thinking about the gift of life. So, support us in our cause and sign up as an organ donors!

Mr Deputy President, I move that the debate on this motion be now adjourned.

Question on the adjournment proposed, put and agreed to.

PROTECTION OF WOMEN AND JUVENILES (AMENDMENT) BILL 1992

THE SECRETARY FOR HEALTH AND WELFARE moved the Second Reading of: "A Bill to amend the Protection of Women and Juveniles Ordinance."

She said: Mr Deputy President, I move that the Protection of Women and Juveniles (Amendment) Bill 1992 be read the Second time.

The object of this Bill is five-fold. First, it seeks to give better protection The object of this Bill is five-fold. First, it seeks to give better protection to children and juveniles by widening the circumstances in which a child may be considered to be in need of care or protection. The effects of psychological abuse and neglect will be included as grounds for considering a child to be in need of care or protection under the Ordinance. This approach is in line with the growing public awareness and understanding of the problem of child abuse.

Secondly, the Bill provides the Director of Social Welfare with more flexible powers of intervention and investigation without always having first to remove a child from home. The Director will be empowered to obtain a medical or psychological assessment of a child by issuing a Child Assessment Notice to the child's parent, requiring him or her to bring the child for an assessment by a doctor or clinical psychologist.

Thirdly, the Bill requires the Director to make application to a court within 48 hours, instead of eight days, of any removal or detention of a child or juvenile under the Ordinance.

Fourthly, the Bill provides for all remaining references to special protection for women to be removed, so that the Ordinance will apply equally to male as well as female children and juveniles. Accordingly, the Ordinance will be retitled as the Protection of Children and Juveniles Ordinance.

Finally, the Bill seeks to revise the level of fines for offences under the Ordinance in line with present-day values.

Mr Deputy President, I move that the debate on this motion be now adjourned.

Question on the adjournment proposed, put and agreed to.

BUILDINGS (AMENDMENT) BILL 1992

THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS moved the Second Reading of: "A Bill to amend the Buildings Ordinance."

He said: Mr Deputy President, I move the Second Reading of the Buildings (Amendment) Bill 1992.

The Buildings Ordinance and the Buildings (Administration) Regulations need amending to improve the definition of the powers of the Building Authority and to streamline existing procedures. Several proposals are involved.

First, registration of contractors. At present, a contractor is not required to pay an annual fee to retain his name on the register. So that an accurate record of registered contractors can be maintained, a system of registration similar to that for authorized persons and registered structural engineers is proposed. This would involve a contractor applying for his name to be included on the register, and paying an annual fee to retain his name on the register.

The second proposal relates to the Building Authority's power to deal with The second proposal relates to the Building Authority's power to deal with defective drainage. Legal advice is that there is a distinction between "drains" and "sewers" and that the Building Authority's authority under section 28(3) refers only to "drains". To enable the Building Authority to carry out his functions in respect of defective or insanitary drains and sewers, he should also have the express authority to deal with "sewers". Everything that the Building Authority has done or that has been done on his behalf in this connection prior to the enactment of this provision will also be validated. A default provision for the Authority to carry out and recover the cost of drainage works is also included and the opportunity is taken to clarify the definition of the word "owner" under section 28(3)(b).

The third proposal relates to building works under streets. Legal advice is that section 31(1) of the Ordinance does not specifically refer to construction under, as opposed to in, over, or upon streets. It is therefore necessary to amend section 31(1) so that the Building Authority may regulate construction under streets as well.

The fourth proposal involves amending section 31(2) of the Ordinance on the alteration or removal of projections over streets to empower the Building Authority to carry out the necessary works and recover their cost, should the owner fail to comply with an order to do so.

The fifth proposal seeks to empower the Building Authority to recover the cost of abortive visits. Various sections of the Ordinance provide that the Authority may issue orders requiring works to be carried out. An example is the demolition of unauthorized building works. If an order is not carried out, the Building

Authority may carry out the works and recover the costs. In some cases, however, contractors of the Building Authority are denied access or are otherwise unable to carry out the works. The Building Authority has to pay contractors for abortive visits of this kind even though no actual works have been carried out. To remove any doubt, we propose that the Building Authority should be empowered to recover the cost of abortive visits irrespective of whether the works are carried out during subsequent visits.

The need for the sixth proposal arises from the introduction of a microfilm s The need for the sixth proposal arises from the introduction of a microfilm system for building plans and records in the Buildings Ordinance Office. There are no provisions in the Ordinance concerning microfilm at present. The proposed amendments would enable microfilm records which have been certified as true copies by the Building Authority to be treated as the original plans and documents, allow destruction of the originals after microfilming, and enable copies of microfilm records to be admissible as evidence in legal proceedings.

The seventh proposal would require the submission of plans to the Building The seventh proposal would require the submission of plans to the Building Authority for approval in respect of ground investigation and underground drainage works within the Mass Transit Railway protection areas. This would help ensure the integrity and safety of the MTR's underground structures.

The last proposal relates to this Council's resolution on 13 November 1991 to include the Drainage Services Department in the Fourth Schedule of the Ordinance, thereby allowing the Building Authority to delegate his authority to officers in the department. Work carried out by these officers between 1 September 1989 when the department was set up and 21 November 1991 when the delegation instrument was effected needs to be validated.

Mr Deputy President, I move that the debate on this motion be now adjourned. Mr Deputy President, I move that the debate on this motion be now adjourned. Question on the adjournment proposed, put and agreed to.

Member's motions

DEPUTY PRESIDENT: We have two motions listed in the Order Paper. In accordance with recent practice, Members have, I understand, agreed to place a voluntary restraint upon the time for speeches. In the case of each of the two motions, the agreed practice for this afternoon is that Members will limit their speeches to two hours for each motion, exclusive of the time required for replies by government officials and concluding speeches by movers of motions.

MOTION ON GREEN PAPER ON REHABILITATION POLICIES AND SERVICES MR ERIC LI moved the following motion:

"That this Council recognizes the significant shortfalls in certain areas of rehabilitation services, and the insufficient progress made in the equalization of opportunities for disabled persons to fully participate in the community; and urges the Government to procure adequate financial resources and other forms of community support in order to expedite appropriate improvement measures after taking heed of public views expressed during the wide consultation on the recommendations made in the Green Paper by the Working Party on Rehabilitation Policies and Services."

MR ERIC LI (in Cantonese): Mr Deputy President,

Declaration of interest

I move the motion standing in my name on the Order Paper.

Before going into today's motion I believe I should declare interest as some of the duties which I have assumed may lead to a possible conflict of interest. For example, I am a member of the Working Party on Rehabilitation Policies and Services responsible for the formulation of the Green Paper, and also a member of some of the non-government organizations mentioned in the Green Paper, such as Chairman of the

Hong Kong Physically Handicapped and Abled Bodies Association, Director of the Technical Aids and Resource Centre, Advisor or Honorary Auditor of the Hong Kong Special Schools Council and Arts with the Disabled Association Hong Kong, and also member of the Rehabilitation Development Co-ordinating Committee and the Subventions and Lotteries Fund Advisory Committee responsible for the allocation of funds.

Introduction

Members can imagine what a special day today is to me. From the beginning as Members can imagine what a special day today is to me. From the beginning as a volunteer I have been in the rehabilitation service for nearly 20 years. To me the Green Paper no longer represents some theories and figures; it has become a friend whose name and face are so real and familiar to me. Since the publication of the Green Paper mid last month, disabled people kept visiting the OMELCO Complaints

Division to express their expectations of the rehabilitation policies. And I would like to thank the OMELCO for their special arrangement to enable nearly 100 disabled persons to come to the Legislative Council Chamber to give support and encouragement to the speakers.

Functional constituency seats

The minority are the easily forgotten group in the present macro political climate. Today provides a valuable opportunity when we can, for a short period of time, concentrate our attention on the disabled persons. So I would like to take this opportunity to urge Members not to think that responsibility will have been discharged after today's discussion. Think of the tens of thousands of disabled people in the territory, and also their friends and relatives; some of them must be friends of yours. The disabled people are an inseparable part of our community; their well-being should always be of our concern.

During the policy debate I suggested that disabled persons should be given a During the policy debate I suggested that disabled persons should be given a functional constituency seat in the next Legislative Council. This suggestion has been illustrated clearly in paragraph 10.3 of the Green Paper. I understand that their representatives want very much to meet with our Select Committee on Legislative Council Elections and I do wish that honourable colleagues will give them substantial support and a chance when the time comes.

The slow-coming Green Paper

Provision of rehabilitation services had all along been slow at the outset until Provision of rehabilitation services had all along been slow at the outset until the publication of the first White Paper by the Government in 1977 which roughly provided some concrete policies on which continuous rehabilitation development could be based. The White Paper on Social Welfare Into the 1990s and Beyond published last year has committed itself to fulfilling some rather forward looking objectives.

After completing the tasks set out in the White Paper, the authority has already suffered a shortage both in manpower and financial resources; that is to say, the authority has already had a problem of shortage of social workers and funds. It so happens that the Government has embarked on an all-out austerity programme this year; that the Green Paper should come at such a time can be said to be most inopportune.

Shortfall in service

If we care to turn to Appendix F or paragraph 2.26 of the Green Paper, we will certainly be surprised at the serious shortfall in some of our existing rehabilitation services, such as child care centres, day activity centres and hostel places. As one of the drafters of the Green Paper, I indeed feel shame for the people of Hong Kong. The extent of shortage is so obvious that, I believe, there should not have the need for further argument on this point. The pressing task at the moment is to identify as soon as possible solutions to the long-standing problem of insufficient service. I believe that the Government does share my views in this respect. In the Legislative Council sitting on 29 January this year I raised a supplementary question and obtained confirmation from the Government that the preparation of the policy document would not lead to any delay in implementing improvement measures such as residential services for the severely mentally handicapped persons.

Regarding rehabilitation services, some areas of shortfall have been given the most unclear identification in the Green Paper. Some organizations have pointed out that the inaccurate estimation of the number of disabled persons has led to the provision of rehabilitation services proposed in the Green Paper falling short of the actual demand. Take for example the autistic patients and the chronically ill persons mentioned respectively in paragraphs 5.24 and 5.27 of the Green Paper. These are the persons whose needs we have just had a better picture of. As to the way to provide adequate services to these people, we still have not reached a conclusion in our discussion, not to mention having a clear understanding of the shortfall in the services. Yet this definitely does not mean that we can drag our feet in providing these services because of an absence of policy objectives. I believe Dr LEONG Che-hung will discuss this in greater detail when it comes to his turn to speak.

Equal opportunities and full participation

I have mentioned in the motion the unsatisfactory progress made in the equalization of opportunities for disabled persons to fully participate in the community. Paragraph 2.17 has a fair assessment on this. To put it in a few words, considerable progress and contribution have been made in the provision of rehabilitation services. For example, ideas like "equality between the abled and the disabled" and "opportunities rather than compassionate arrangements" have already been widely accepted by members of the public. The disabled persons are no longer an isolated group. They have been very active, participating particularly in recreational and cultural activities; they have learnt to show concern for and take part in community affairs. But in areas of one's immediate concern, such as housing, education, transport and employment, the competitive mentality of the people of Hong Kong has once again gone to extremes and the group whose voice is less likely to be heard in the community are once again cruelly pushed out of the way. It is pointed out clearly in paragraph 2.27 of the Green Paper that there still exist in our society a lot of areas where improvements are needed. Later I will make use of some of these facts to support my views.

Making available sufficient financial resources

The White Paper on rehabilitation published in 1977 has only 23 pages. The imposing Green Paper before us runs to 160 pages. Yet neither the length nor the fine arguments set out in the document can be taken as a yardstick to measure the commitment the Government has towards these services.

In the 1980s rehabilitation services lacked a comprehensive and definite concept and mode of service; yet, for financial support, there had been on average almost a double-digit growth in real terms. But if we take a look at the part on financial implications in the Green Paper, that is, paragraphs 17, 17.5 and 17.6, there will only be an average growth of 3% in real terms, lower than the 4.5% growth mentioned in the White Paper on social welfare and the 5% GDP growth predicted in the Medium Range Forecast; so how can we expect the Green Paper to serve its function as a new policy draft to take the place of the 1977 White Paper which has prescribed a healthy growth in financial resources? Under these circumstances, no wonder that there is public discontent with the present Green Paper. Given the present substantial

reserve it is unreasonable for the Government to drag its feet and not to raise the

annual real growth in rehabilitation services to not less than 4.5% so that the objectives can sooner be reached.

Needless to say, that the Government is urged in the motion to "procure" funds does not exclude the assumption of leadership by the Government to explore and encourage other sources of financial support in addition to direct allocation of public funds. For example, the trust fund to finance disabled persons for self employment referred to in paragraph 7.32 is one of these sources. With other sources of financial support, service organizations can in shorter time achieve the objective of providing basic rehabilitation services or make use of the funds to improve the basic services. But regular fund raising activities incur great expenses in terms of manpower and other resources which can be an extremely great burden to those organizations of a small or moderate scale. For example, in the case of rehabilitation service for former mental patients, the organizations are obliged to keep confidential the identities of their clients and that makes donations all the more difficult. More to it, professional social workers have to spend a lot of time preparing and co-ordinating fund raising activities, which constitute a huge waste in valuable manpower resources in the form of professional expertise misused. So the Government should not, without first giving serious thought to the proposal, proceed to shift this financial obligation to other organizations in order to lessen its financial commitment.

Other forms of community support

In general any provision of service cannot go ahead without money. But in rehabilitation services, the attitude of the public is of utmost importance; it is not a case where the idea of money making the world go round can apply. Perhaps I should illustrate this with some recent cases:

1. Housing: The present law does not make it compulsory for private developers to 1. Housing: The present law does not make it compulsory for private developers to incorporate in the design of some of their buildings barrier-free structures so that disabled persons can have a wider choice of living environment. In paragraph 8.5 of the Green Paper it is said that the Home Ownership Committee of the Housing

Authority has recently turned down the proposal of priority in housing allocation for the disabled persons. The result is that home ownership remains a dream for the disabled.

2. Education: Special education is also part of the nine-year compulsory educat 2. Education: Special education is also part of the nine-year compulsory education.

But it is pointed out in paragraph 6.2 of the Green Paper that the Government considers special education as a welfare service and puts it under the responsibility of the Welfare Branch; this has dealt a severe blow to the morale of the special education workers.

3. Transport: In paragraph 11.19 it is pointed out that transport needs of the 3. Transport: In paragraph 11.19 it is pointed out that transport needs of the disabled persons virtually fail to be reflected in some of the public transport planning committees or the Transport Advisory Committee. This important task has been given to the Health and Welfare Branch whose decision has been carried out by the Transport Department through which some very inadequate so-called special transport services are arranged for the disabled persons. This way of just getting the job done completely neglects disabled persons' basic right to free movement.

Regarding the transport link to the new airport at Chek Lap Kok mentioned in Regarding the transport link to the new airport at Chek Lap Kok mentioned in paragraph 11.20 of the Green Paper, I discover that services for the disabled persons have not been taken care of in the design of the MTR link to the airport. The same subject was raised on 22 January this year in my written question to the Legislative Council. The Mass Transport Railway Corporation (MTRC) is a public corporation

financed by public funds. It is indeed not too demanding to expect the MTRC to provide on the new lines minor facilities for the convenience of the disabled persons. The move by the MTRC to deny nearly 10% of our population access to the Corporation's facilities is indeed unacceptable. But as far as I know the MTRC has contacted some relevant parties and is actively pursuing a solution to this after I submitted the question to this Council.

4. Employment: It is indicated in paragraph 7.24 that the Government is the lar 4. Employment: It is indicated in paragraph 7.24 that the Government is the largest employer of disabled persons in Hong Kong and there is at present a well-conceived policy to safeguard the interests of the disabled employees. But I understand from the reply to my written Legislative Council question to the Administration on 25 March that, upon corporatization, privatization or contracting-out of public services, the Government will only encourage the take-over companies to adopt the same policy; the Government will not, in the capacity of the former employer of the disabled employees, require the take-over companies to continue carrying out the same commitment by way of contract or administrative order.

5. Lei Kin 5. Lei Kin Lei King Wan Special School: The incident reflects the public's mentality that g Wan Special School: The incident reflects the public's mentality that

these schools should be built but let them be far away from their homes.

Examples alike are numerous. I have only mentioned those which do not carry additional financial implications but only reflect the discrimination still existing in some of our policies and the community against disabled persons.

Rehabilitation policy is not the same as welfare policy; it takes care of those people in the community with special needs. Whether or not these people will be accepted by members of the public may determine the positiveness of their way of looking at life. Disabled persons should constitute a part of our social resources; but they may also fall into degradation to become a burden of the community. Which way they will take depends on whether they will be given the full opportunities to show their worth. Perhaps we should not look at the matter too much from an economic point of view. The more important point is whether the dignity and basic rights of the disabled persons should be respected.

Responsiveness to public views

The Green Paper is a consultative document and should logically be the basis for a forum to enable public views to be heard. More to it, the over 80 proposals contained in the Green Paper give no guarantee that they are indeed foolproof. There is also the question of difficult choice, and one of the most difficult decisions to make is perhaps the setting of priority to the implementation of various services as stated in paragraph 17.6.

In my view rehabilitation services should proceed from providing for the overall need of the disabled people. Just like the spinal cord of a human body in which every part of the whole is interlocked, the provision of rehabilitation services should be an all-essential, co-ordinated and united effort, not only because there are

different types of disability but also because there may be different needs even for the same disabled person at different stages of his life. So I hope that members of the public will, in a concerted effort, work towards achieving all these objectives as soon as possible.

Conclusion

It is very difficult to comment on a wide-ranging Green Paper within a very short

period of time. I will therefore only focus on some of the points raised in the motion and briefly summarize my views. To give a full reflection of all the valuable views which I gathered these months will be even more impossible. I would therefore look forward to the co-operation within this Council so that after today's debate the OMELCO standing panels will undertake to carry out the work which lies within their areas of responsibility.

Sometimes I do feel that the Legislative Council looks somewhat like a court. On many occasions we pass verdict on government decisions; but today, while giving a verdict of our own, we are at the same time under the judgement of the public. Our words will reveal our conscience with regard to the care of the disabled persons and I do hope that we will be in the very front line in upholding this moral conscience.

Finally I would like to say a few words on Dr LEONG's amendment. I hope Members will understand that I have cared little about success since I first participated in public services. Disabled persons have been waiting for 15 years and it is but until today that they are given two-hour attention and care by the Legislative Council.

I hope that today's debate will as much as possible be devoted to the welfare of the disabled persons. One minute spent on a meaningless war of words will mean one valuable minute taken away from the time allotted to this debate. I would only say that since February I have listened to views from most of the service organizations, met with countless numbers of complainants, attended numerous seminars, be they large or small, and even sat in on district board debates. The majority of the views which I gathered are that they are all for the swiftest implementation of the recommendations in the Green Paper. So the wording of the motion is arrived at after discussion, careful consideration and taking into full account the views of the public. I would say that Dr LEONG's amendment is unnecessary; I will address this point for Members' consideration later when I give the reply. But I sincerely hope that Members will, as much as possible, dwell more on the immediate subject of disabled persons than on the wording of the motion when they speak in this debate.

Mr Deputy President, I so made my submission.

Question on the motion proposed.

DEPUTY PRESIDENT: Dr LEONG Che-hung has given notice to move an amendment to the motion. His amendment has been printed in the Order Paper and circulated to Members. I

propose to call him to speak and to move his amendment now so that Members may debate the motion and the amendment together.

DR LEONG CHE-HUNG moved the following amendment to Mr Eric LI's motion: To delete the words after "Government" and substitute the following: "to :-

(a) take heed of the views of this Council (a) take heed of the views of this Council take heed of the views of this Council and those of the public concerning the and those of the public concerning the Green Paper by the Working Party on Rehabilitation Policies and Services, this being the only major review in 15 years and likely to have long-term ramifications in future development;

(b) identify inadequacies not c (b) identify inadequacies not c identify inadequacies not covered by the Green Paper; overed by the Green Paper;

(c) formulate an overall policy relating to the future provision of rehabilitation (c) formulate an overall policy relating to the future provision of rehabilitation services in Hong Kong; and

(d) provide adequate financial resources and other forms of community support in (d) provide adequate financial resources and other forms of community support in order to implement such policy without delay."

DR LEONG CHE-HUNG: Mr Deputy President, I rise to amend the motion moved by the Honourable Eric LI in the manner as outlined in the Order Paper. I concur with him that Members of this Council, when they focus on the debate today, should really be objectively looking at the disabled rather than the wording of the motion.

In moving my amendment, I have full regards for Mr LI and take this opportunity to pay my respects and that of the medical functional constituency for his dedication in the Working Party on Rehabilitation, leading to the publication of this Green Paper which in many aspects is a very comprehensive document indeed.

Mr Deputy President, perhaps it is for the same reasons that Mr LI's motion gives me, and some other Honourable Members of this Council, the impression that he is calling on this Council to accept the Green Paper as it is and to push the Administration to implement it or some of its recommendations.

Mr Deputy President, 16 years have lapsed and the Administration is only willing Mr Deputy President, 16 years have lapsed and the Administration is only willing

to come out with this review on rehabilitation after repeated calls from those concerned with rehabilitation like Mr LI and others.

Similarly, it would not be too far from the truth to say that there would not be further new policy directives in the next decade. In other words, the decision from this Green Paper will be the guiding principle for at least the next 10 years.

In the light of this and the fact that we are now only at the beginning of the public consultation period for this Green Paper, it is my feeling that it would be wrong, and we are not doing our duty properly, if this Council were to accept this Green Paper without a proper debate and without taking into account public opinion.

Mr Deputy President, it is with this in mind that I venture, after taking the Mr Deputy President, it is with this in mind that I venture, after taking the views of members of my constituency and friends from the social welfare sector, to amend the motion in four directions:

(1) to highlight the implications of this document which is a product after 16 (1) to highlight the implications of this document which is a product after 16 years of lobbying,

(2) to identify shortfalls which are still not covered within this Green Paper (2) to identify shortfalls which are still not covered within this Green Paper but are vital for future development of rehabilitation service,

(3) to urge the Government to come out with a White Paper giving its policy (3) to urge the Government to come out with a White Paper giving its policy direction after genuinely taking into account public views, and

(4) to ask the Administration to show its commitment to rehabilitation (4) to ask the Administration to show its commitment to rehabilitation development by giving adequate financial support to the recommendations in the forthcoming White Paper.

Let me now move to clarify some of the points that I have made: Let me now move to clarify some of the points that I have made: I. Overall comments on the Green Paper I. Overall comments on the Green Paper

To start with, I would like to make overall comments on the Green Paper. Mr Deputy President, many would say and I would be the first to agree that there are a lot of materials in this Green Paper. But unfortunately, there is no co-ordination of the different services and of the improvements the Green Paper seeks to reform, nor is there a direction from the Government.

I would like to give some examples on the inadequacy of this Green Paper. II. Inadequacies in the Green Paper II. Inadequacies in the Green Paper

Mr Deputy President, time would not allow me to dwell on all the shortfalls. I will therefore be focusing on a few areas in relation to medical rehabilitation and I am sure my honourable colleagues of this Council and members of the public would have more to contribute.

(A) There is an absence of consideration of rehabilitation for the chronically ill (A) There is an absence of consideration of rehabilitation for the chronically ill and those with organ disabilities and when I am saying organs, I mean that type of organs being commercially traded that Mrs Elizabeth WONG mentioned just now.

Mr Deputy President, it is distressing to be sick, it is unbearable to be chronically ill especially when one's illness involves the failure or the loss of a particular organ of function. Examples abound of afflicted people who have lost their function to speak properly because of surgical removal of the voice box, many are not able to hold their natural excretion in the normal way and have to rely on using a bag stuck to their body. Many are unfortunately disfigured by the removal of the breasts, for example. All these people, Mr Deputy President, need no charity, but they do all need care and rehabilitation either of a physical, social or mental nature or all of them together.

But alas, such are not forthcoming in the Green Paper. This culminated in the But alas, such are not forthcoming in the Green Paper. This culminated in the protest made by a group of these sufferers who have organized themselves to fight for their cause the last few days and today they will also table a letter on a subject of the same nature.

In other parts of the world, Mr Deputy President, these unfortunate groups would In other parts of the world, Mr Deputy President, these unfortunate groups would be supported by their governments to form self-care groups or self-help groups, but unfortunately there is no such support or encouragement from our own Administration. Nor is there even the meagre facility for them to meet; though many of them may group themselves together. Certainly, Mr Deputy President, there is an absence of dental care for the handicapped.

(B) The Absence of dental care for the handicapped (B) The Absence of dental care for the handicapped

Care of the teeth remains a very important aspect in the total care for the Care of the teeth remains a very important aspect in the total care for the mentally handicapped and the aged. Not only is there a lack of facilities but consideration for training these personnel is not even forthcoming.

(C) There is a lack of community rehabilitation policy. M (C) There is a lack of community rehabilitation policy. M There is a lack of community rehabilitation policy. Mr Deputy President, r Deputy President, irrespective of whether any individual is physically or mentally handicapped, he/she would have passed through at certain stage, a period of hospital treatment for acute conditions. No doubt rehabilitation, especially along the line of mentally handicapped and geriatric service, is well developed, and such would have completed or would have started within the hospital. But what happens when these patients are being discharged? No directions are given for the development of community-based rehabilitation services.

One would have thought that with the world trend moving into keeping people out of hospitals and with the drive in Hong Kong to develop primary health care, community-based rehabilitation should be taken on board as an important ambit of the Department of Health.

But it is ironic, and I simply fail to see the logic of the singular absence of participation of the Department of Health in the Working Party on Rehabilitation and its subcommittees. Let me sound a word of warning, Mr Deputy President, that incomplete rehabilitation of the old and the mentally retarded in the community will only expedite the speed for these people to return to hospitals again. (D) Mr Deputy President, there is a lack of proper rehabilitation for o (D) Mr Deputy President, there is a lack of proper rehabilitation for o Mr Deputy President, there is a lack of proper rehabilitation for occupational ccupational injuries. Admittedly when one of our 2.7 million workforce is injured accidentally and unfortunately at work, he/she could be treated in public hospitals. Facilities are also provided for him/her to regain certain functions to ensure that he/she can take care of simple needs. But is this the limit that a developed and caring society like Hong Kong can and should offer? Should we not be looking at ways and means to rehabilitate those unfortunate to have been injured so that they can return to their original or similar jobs and can again contribute and participate fully in society?

III. What then is the way ahead? III. What then is the way ahead?

Mr Deputy President, it is vital that the Administration treats this document as a genuine consultative document. In other words, it should take serious consideration of the views of this Council and the public before formulating the proposed White Paper.

Amongst other issues which I am sure honourable colleagues will contribute today, it is essential that the following should also be seriously included:

(1) Organ impairment and chronic illness must and should be included in the (1) Organ impairment and chronic illness must and should be included in the rehabilitation service.

(2) There should be a committee established to thoroughly review the relation (2) There should be a committee established to thoroughly review the relationship between the different types of illness and disabilities and their needs for rehabilitation.

(3) There should be a setting-up of Patient Resources Centres in hospitals and (3) There should be a setting-up of Patient Resources Centres in hospitals and specialist clinics to provide sufferers with health education, home care skill and training and an opportunity to share their illness experience and obtain emotional support through self-help groups.

(4) There should be a setting-up of co-ordinating committees on rehabilitation (4) There should be a setting-up of co-ordinating committees on rehabilitation in regional hospitals and rehabilitation committee for each speciality of the regional hospitals.

(5) Most importantly, establish policy directions for the way ahead. (5) Most importantly, establish policy directions for the way ahead.

Mr Deputy President, many have criticized that my amendment would in fact give a chance to the Administration to slacken the pace of rehabilitation reform. I refute such allegation. What I ask for, Mr Deputy President, is to have a wider look at the Green Paper. What I ask for is to identify areas which are missed one way or the other from the Green Paper. What I ask for is to have these shortfalls properly considered before the final White Paper and when policy directions are being written. It is much better to have all the problems contained in one basket, before one

considers the priorities to the implementation.

The speed of reform depends on the commitment and the will of the Government, The speed of reform depends on the commitment and the will of the Government, not on the extent of consultation!

To conclude, Mr Deputy President, I am in no way discrediting the Governor for requesting a Green Paper on Rehabilitation, nor am I refuting this Green Paper. I think they are both laudable moves. I hope the Governor may very soon make the same move for health policies.

Yet, as we embark on a new policy which has ramifications for at least the next decade, should we not, as responsible members of society, put our heads together and try to paint an even more comprehensive picture for all who need such a service in the years to come? The principle should be one for integration not segregation, compassion not pity.

Mr Deputy President, I do so move.

Question on Dr LEONG Che-hung's amendment proposed.

MR HUI YIN-FAT: Mr Deputy President, Hong Kong has achieved spectacular economic growth in the past decade. Even when local economic growth slowed down, our Gross Domestic Product still reached $633 billion in 1991. For 1992, it is predicted that our GDP will reach $712.5 billion. We can proudly rank ourselves among the wealthier nations and areas in the world.

What does it tell you then about Hong Kong and its people and how do you feel about being part of a society where less than 1% of its GDP is spent on social welfare?

Equally telling is the fact that a measely $2.2 billion, about 0.3% of GDP is spent in 1991 to provide the whole range of rehabilitation services, covering medical rehabilitation, special education, vocational training, social rehabilitation, residential care and transport for the disabled. It tells us that our Government cares very little about the well-being of the most needy group among us.

Now the Green Paper revealed to the world the plight of Hong Kong's disabled people. The huge shortfalls in service provisions meant that we cannot even begin to look at services improvement and development. The shortfalls in various services areas reflected the fact that our disabled people have been waiting in pain over long periods of time for some essential services.

It is estimated that a total amount of $600 million would be required to implement "the more concrete and quantifiable recommendations" contained in the Green Paper. This amount is only 29.5% of the total recurrent expenditure on rehabilitation services for 1990-91. By simple arithmetic we can see that a mere 6% increase in annually recurrent spending would mean that the shortfalls could be provided for in

five years. Therefore, there is absolutely no justification to prolong the suffering of the disabled and their families by setting a target of meeting the demands in 10 years through budgeting an annual increase of just 1.7% in recurrent spending on rehabilitation services. It is a shame on the Hong Kong Government. And it will be a shame on all of us if we allow this to happen.

The disabled and their families are asking us not to allow the Government to take this ridiculous course of action. They have come in their wheelchairs and pushcarts to demonstrate and voice out their grievances. Now it is up to us to open our eyes and ears to see and listen to their sufferings and their needs, and then do what is within our power to help.

"Equal opportunities and full participation", which is the theme of the Green Paper, starts with our listening to what the disabled and their parents have to say, and what the service providers in the field have been telling us. The ideas and views that have not been covered by the Green Paper should be taken into consideration again and, if accepted, be included in the White Paper.

In order to attain the goals of the Green Paper, we have to demand a much greater commitment of resources from the Government. There is no point in putting forward the high-sounding policy objectives of equal opportunities and full participation if the Government is not going to back up its words by financial commitment. We cannot let the Government get away, yet again, with another token gesture of a 1.7% annual increase in recurrent expenditures for rehabilitation services.

But our duty goes further than just that. Apart from demanding a far more substantial financial and resource allocation from the Government, we must also commit ourselves to follow through with monitoring the whole process of service provision. Relevant OMELCO panels could work together to monitor the process of resource allocation, prioritizing needs and implementation of recommendations contained in the Green Paper and the future White Paper.

Mr Deputy President, in summary, let me reiterate on behalf of the disabled and Mr Deputy President, in summary, let me reiterate on behalf of the disabled and their families their anguish and needs. Their sufferings over the years demand the Government's attention and action. To realize equal opportunities and full participation, we, as a society, must be ready to commit adequate resources to provide in full all the essential services for the disabled as soon as possible, and in any case, no later than five years. A co-ordinated strategy to match the increased service

provisions with manpower training and accommodation provision must be put in place.

We all know that the question is not whether Hong Kong can afford to provide and care for our disabled. The question is whether we care enough to do it.

Mr Deputy President, with these remarks, I support Mr LI's motion.

MR DAVID LI: Mr Deputy President, at the outset, I must declare my interest as Chairman of both the St James' Settlement Executive Committee and the Salvation Army Advisory Board.

A modern society is often judged by the way it treats its most disadvantaged citizens. Based on the statistics in Appendix F to the Green Paper, Hong Kong has no cause for pride. Significant shortfalls exist in nearly every programme area. But then, the Green Paper only confirms what we already knew. The Paper's objective is not to condemn the territory for past negligence. Rather, its objective is to look to the future and to foster a new beginning.

The Green Paper does provide a good starting point from which to discuss how to improve Hong Kong's poor past record. It embraces many proposals which -- if fully implemented -- would see a marked improvement in the territory's care for the handicapped. But in confirming its support for the Green Paper, it is unclear whether the Government fully comprehends the scope, scale and expense of the challenges ahead.

Services for the mentally handicapped perhaps suffer from the greatest deficiencies. As of 1990-91, the territory was short of an estimated 17 sheltered workshops, 43 day activity centres, 30 residential centres for the severely mentally handicapped and 14 centres for the moderately mentally handicapped.

Such facilities are not cheap. To run a workshop for 140 people costs roughly HK$3 million a year, at current prices. Recurrent costs for a 50-person day activity centre run at about HK$2 million a year; and for a 50-person residential centre, about HK$3 million. Hence, at 1992 prices, the annual cost of meeting the estimated 1990-91 shortfall in the services for the mentally handicapped alone would total HK$270

million.

There are also likely to be significant capital expenses. The cost of building

a sheltered workshop or a hostel is roughly HK$4 million; for a day activity centre, about HK$1.7 million. Assuming that the Housing Authority were to provide all the premises needed to meet the 1990-91 shortfall, the capital cost to the Government would total some HK$317 million, against 1992 prices.

The Government has stated its commitment to improving and expanding services for the handicapped. But the territory's handicapped and their families are still waiting for the Government to put its money where its mouth is.

The Green Paper estimates that there are about 269 000 handicapped persons living in Hong Kong. But using the prevalence rates adopted by the United Nations and other international bodies, a figure nearer half a million may be more realistic.

Assuming an average household size of 3.5 persons, the number of Hong Kong residents affected by the plight of the territory's handicapped approaches two million. Hence, when discussing the amount of money to be spent on programmes for the handicapped, you are talking about expenditure which will impact positively on close to one-third of all Hong Kong people.

But the drive to create a better tomorrow for Hong Kong's handicapped involves But the drive to create a better tomorrow for Hong Kong's handicapped involves more than plans, programmes and money. At its root, it must involve a fundamental change in people's attitudes towards the handicapped. Sympathy is a start, but opportunity and equality are the ultimate aims.

At present, the McDonald's fast-food chain employs more than 80 handicapped At present, the McDonald's fast-food chain employs more than 80 handicapped persons. The Hong Kong Government employs about 30. The Hong Kong Telephone Company employs more than 100 blind persons. How many blind persons does the Government employ?

The Green Paper puts forward a good, solid plan for action. But until this plan The Green Paper puts forward a good, solid plan for action. But until this plan is implemented -- until the necessary funds are allocated -- it is nothing more than words.

Most of our handicapped are eager to be trained for -- and to be given -- productive work. In them, we have a great, under-utilized human resources asset. We look to the Government to commit the money -- and the opportunities -- to enable our handicapped to make their rightful contribution to our society.

With these remarks, Mr Deputy President, I support the amended motion. With these remarks, Mr Deputy President, I support the amended motion.

MR PANG CHUN-HOI (in Cantonese): Mr Deputy President, all people, disabled or able-bodied, should have equal opportunities to enjoy their civil rights. The community should endeavour to ensure that the disabled will not be discouraged from full participation in the community because of their disability. Whereas the spirit and principle mentioned above are beyond dispute, the public at large and the Government should both take this as their responsibility and take pleasure in doing so.

The realization of this spirit, I believe, can only be achieved through legislation to ensure the disabled their entitled rights. And the Government must commit itself financially to implementing its rehabilitation policies.

As to legislation, I think that provisions should at least be made for the As to legislation, I think that provisions should at least be made for the following areas. First, employment: Disabled persons should enjoy same opportunities of employment as those enjoyed by the able-bodied. Second, education: All disabled persons should receive proper education commensurate with their needs and free education should be provided at least up to Secondary III instead of up to the age of 16. Third, information: It should be made mandatary for all government departments, public utilities, places of public access and public amenities to set up the necessary installations and facilities to ensure that the disabled can enjoy the most fundamental right to information. Fourth, transport: All public transport services should be required to put in place facilities and instructions that will facilitate patronage by the disabled and fulfillment of this requirement should be made one of their franchise conditions. Furthermore, the Government should set up a department to act on complaints from those disabled persons who have met unfair and unreasonable treatment.

Shortfalls in major rehabilitation services are recorded in detail in the appendix to the Green Paper on Rehabilitation Services and Policies. Judging from the respective shortfalls, there are serious shortages in the number of places in sheltered workshops, day activity centres, residential care and hospital beds for the disabled. The Green Paper envisaged that the shortfalls can be made up for in the next decade. In other words, its target for the next decade is merely set at resolving the shortfalls for the year 1990-91 while failing to forecast and provide

against the probable rise in shortfall during the coming decade. This is one deficiency of the Green Paper.

On the other hand, a decade-long waiting time is too much for the disabled, On the other hand, a decade-long waiting time is too much for the disabled, particularly those severely mentally handicapped. In fact, their physical and physiological functions will degenerate if they are to idle at home only after a year or two. I believe it will help solve the problem if the waiting time can be shortened to five years, that is, making up for the shortfalls in the next five years.

The Government should also co-ordinate the deployment of human resources. On top of the relevant professionals, the families of disabled persons and voluntary workers are a valuable source of manpower that can be trained to provide primary rehabilitation services for the disabled. Their assistance can help ease the burden on professionals and bring tangible results. The self-help organizations also

deserve encouragement and government funding.

"Financial constraints" are cited here and there throughout the Green Paper when it comes to the discussions on medical rehabilitation and residential and institutional care for the disabled. While funding is a key consideration in rehabilitation, it is regrettable to see that the only $600 million committed to rehabilitation services by the Government is subject to review. Were the Government unable to commit itself to the services laid down in the Green Paper, the spirit and the principle vowed for therein would then amount to nothing but a beautiful fairy tale. The public at large is of course also obliged to lend a helping hand to the disabled. Rehabilitation services are no charity work. It is a responsibility for all of us to share. I hope that the public will put forward their views enthusiastically during the consultation period of the Green Paper.

Mr Deputy President, these are my remarks.

MR TAM YIU-CHUNG (in Cantonese): Mr Deputy President, "equal opportunities and full participation" is the slogan of the just published Green Paper on Rehabilitation Policies and Services. There is general support from among the community for this objective formulated by the Green Paper. However, it is doubtful as to whether the Government is sincere or determined in achieving this objective.

As we all know, the most pressing problem of the rehabilitation services in Hong Kong that needs to be addressed at present is the serious shortfall in the provision of services as a result of inadequate resources. According to the Green Paper, 20

out of the 25 rehabilitation services are experiencing shortfalls. And some of these shortfalls even exceed the number of places currently available in certain services. Naturally it needs financial commitment from the Government to solve this problem. The Green Paper pointed out that the "annually recurrent cost of the more concrete and quantifiable recommendations is estimated to be $600 million". And the

"Government has budgeted for the expansion of existing services over the next four years at an annual additional recurrent cost of $140 million". This financial commitment recommended by the Green Paper is found by many as to be over cautious and inadequate. It is because our rehabilitation services, built on a weak foundation, are lagging far behind other advanced countries both in terms of quality and quantity. Therefore, unless the Government allocates more funds to rehabilitation services, the lofty objective set down in the Green Paper will otherwise be hot air.

Moreover, as this year's Budget reveals that the proposed increase in expenditure on rehabilitation services is only 1% over that of last year, it makes one worry all the more as to the Government's determination in improving rehabilitation services, or that its wish and commitment to realize this objective are nothing more than hollow words.

Admittedly, we cannot rely solely on government efforts to achieve the objective of the Green Paper. We need support from every sector of the community as well. Occupational rehabilitation, for example, is an important means to help the disabled integrate themselves with society, building up new inter-personal relationships in the family and the community, and to inspire in them self-respect, confidence and independence. Nevertheless, it is unrealistic to expect that the 270 000 disabled people could all be provided with jobs or placement by the Government which, as a matter of course, should take the lead in this respect. But having said that,

disabled persons do face tremendous difficulties in looking for employment. According to the findings of a survey conducted in 1986, the unemployment rate among the disabled was as high as 49%. It naturally reminds me of the importation of labour scheme. The Government introduced the scheme, despite this 100 000-strong idling manpower resource. And what impact does this importation of labour in turn bring upon the disabled workers?

Recently, some workers of workshops operated by certain voluntary agencies for Recently, some workers of workshops operated by certain voluntary agencies for the disabled have brought it to my attention that the Government has in the past few years made out some of the orders previously placed with their workshops to other

units or places, such as the Correctional Services Department or mainland China on grounds of lower costs. If the Government were to cite costs as the only factor for its consideration in resolving the problem of employment for the disabled, then occupational rehabilitation would not be anything but empty talk.

Mr Deputy President, an effective way of helping the disabled to find employment is to introduce a quota system, whereby companies which employ a specific number of workers are required to employ a certain percentage of disabled persons as their staff. Although the Green Paper basically opposes to this proposal, I think that we should not dismiss this rashly in the absence of a study into the feasibility of this system.

MRS PEGGY LAM (in Cantonese): Mr Deputy President, "equal opportunities and full participation" is the underlying principle and policy objective of the Green Paper on Rehabilitation Policies and Services. First of all, I should like to thank the Working Party and its Sub-committees which together spent 10 months to compile this substantial Green Paper which analysed in detail and subsequently put forth

recommendations covering an extensive scope of subjects ranging from prevention, medical care, education, employment and transport for the disabled to participation by their families. It has mentioned, however, only briefly the situation of handicapped people of chronic illness.

On 6 April, several scores of chronically ill handicapped persons, representing 15 self-help groups of people suffering from chronic illness, presented to the OMELCO Complaints Office their case of long standing negligence by the Government and that of now being left in the cold as their interests were not taken into account when the rehabilitation policies were being formulated. Although the Green Paper sets out eight categories of disability in its paragraph 2.5, those handicapped people of chronic illness are not included. I am very disappointed with this and I should like to extend my deepest sympathy to this group of people.

According to the United Nations guidelines on the classification of disability, According to the United Nations guidelines on the classification of disability, people suffering from organ disabilities as a result of chronic illness should be classified as disabled. This category of disability includes people having undergone stoma or kidney transplant or needing renal dialysis, patients of pneumoconiosis, people who have lost their vocal function as a result of carcinoma of the larynx, and patients suffering from thalassemia, Parkinson's disease, lupus erythematosus arthritis or spinal injuries. They should be provided with

comprehensive rehabilitation services.

Although paragraph 5.27 of the Green Paper mentioned briefly that certain groups of persons who are recovering from chronic illnesses need to be included in the ambit of rehabilitation services, there is no reference to any specific proposals. While the Green Paper is commendable as a whole, this deficiency is somewhat a fly in the ointment. There are at present tens of thousands of chronically ill handicapped persons in Hong Kong. I hope that the opinions of this particular group of people could gain the ears of the Government in its formulation of the White Paper on

rehabilitation services. The Government should also set up a working group on rehabilitation for the chronically ill to review their needs and take into account their interests in the framing of rehabilitation policies so that they could also enjoy the services.

It is estimated in the Green Paper that there are now 269 000 disabled persons in Hong Kong. This is an underestimation of the number of people in want of the services and the scale of financial resources necessary for the resolution of the problem. According to United Nations calculations, at least one out of every 10 persons is handicapped physically, mentally or as a result of defects in sensual organs. In other words, among the 5.7 million population of Hong Kong, the number of handicapped persons can be as high as 570 000. And together with their families who are indirectly affected by the level of rehabilitation services, the total

population in question is believed to be some two million people.

As we can see, the $600 million annual recurrent expenditure budgeted by the Government for rehabilitation services for the next decade and the $35 million yearly increase in recurrent expenditure for the same are nothing more than a cup of water to a cartload of firewood on fire. In view of the serious shortfall in services for the mentally handicapped, the funds recommended by the Green Paper for that purpose are far from enough. For example, for the year 1990-91, the shortfalls in the

provision of the following services are: 2 170 (44 centres) activity centre places, 2 262 (46 units) residential care places for moderately and severely mentally handicapped adults and 810 hospital beds for the severely mentally handicapped.

The Green Paper recommended that priority should be given to meeting the shortfalls in the services mentioned above and the problem be resolved within 10 years. It should be noted however that the financial resources so committed is meant to make up for the 1990-91 shortfalls in the next decade only, without making allowances for

the 800-plus severely mentally handicapped persons who are going to graduate from special schools during the next 10 years. Hence the problem of service shortfalls definitely will still be haunting us by 2002.

Apart from the Government's financial commitment, the success of the policy objective set out in the Green Paper also hinges on whether or not the disabled are provided with sufficient employment opportunities and transport services.

It is obligatory for the Government to provide the disabled with sufficient training and retraining which must go hand in hand with better employment opportunities lest painstakingly acquired skills would soon rust or be forgotten and they will then have to start all over again when the need arises. As far as society is concerned, giving the disabled an opportunity to develop their potentials to the fullest is an important investment in manpower resources which will benefit the overall economy particularly when we have a tight labour market.

An increase of vocational training places for the disabled aside, the Government should also improve the quality of training and offer various elective courses. In fact, a number of new trades and services have emerged on the heels of our economic transformation, whereby the disabled should have the opportunity to put into practice what they have learned. We should not impose any arbitrary restrictions on the

provision of training to the disabled, thus limiting their development to working, say, as telephone operators only.

As to those disabled persons who cannot compete in the open job market, the Government should make available to them sufficient sheltered employment. The fact that the sheltered workshops have a shortfall of 2 482 places for 1990-91, as pointed out in the Green Paper, is indeed something that deserves the Government's serious concern.

In the meantime, the Government should also offer substantive encouragement in In the meantime, the Government should also offer substantive encouragement in the form of tax concessions to employers who hire a large number of disabled people and give them the opportunity to develop their potentials. On the other hand, those disabled persons with outstanding working performance should be accorded recognition by society to remove the misconceptions of the public and some employers of disabled persons. Besides, the Government should also encourage the disabled to embark on

self-employment by subsidizing them with the establishment of trust funds for them and set an example by becoming their client.

Inadequate transport service, as pointed out by the Green Paper, is a major stumbling block to the realization of equal opportunities and full participation. Regrettably, the several major public transport operators have failed to recognize and cater for the rights and needs of disabled travellers. This problem has been in existence for a long time. The Government must hold more serious discussions with the public transport companies. Should a solution fail to come into fruition as a result of these discussions, the Government should improve the situation through legislation or imposition of conditions on their franchise renewal. After all, public transport is also a kind of social service, not merely as a profitable business.

Moreover, despite serious insufficiency in the Rehabus service tailored for the disabled, it is intended to make those mentally handicapped persons who have no movement difficulties ineligible for the service with effect from August 1992. This is unfair to those mentally handicapped people who cannot look after themselves. Instead of undermining the right of these people to this particular service, the Government should finance an expansion of the Rehabus service.

Judging from the foregoing points, it calls for concerted efforts from all sectors of the community to materialize the objective of providing equal opportunities for the disabled to participate fully in social affairs. As such, the Government should formulate as soon as possible a comprehensive and long-term policy for rehabilitation and related services and back it up with sufficient resources.

Mr Deputy President, although I appreciate the Honourable Eric LI's moving of the motion debate on the Green Paper on Rehabilitation Policies and Services and concur with the various points he has made, the amendment moved by Dr LEONG Che hung excels on its more comprehensiveness and is a reflection of some issues which have not been thoroughly dealt with in the Green Paper but have lately aroused much public concern, particularly the plight of those chronically-ill handicapped. The majority of my colleagues in the Co-operative Resources Centre and I will therefore support the amendment moved by Dr LEONG. However, should the amendment motion moved by Dr LEONG be voted down, we would still support the Mr LI's original motion as both motions share the same spirit. What we think the most important is that assistance and support be given to the disabled with pressing needs, so that they can get

sufficient rehabilitation services.