1 HONG KONG LEGISLATIVE COUNCIL -- 8 July 1992 1 HONG KONG LEGISLATIVE COUNCIL -- 8 July 1992 HONG KONG LEGISLATIVE COUNCIL -- 8 July 1992 1 HONG KONG LEGISLATIVE COUNCIL -- 8 July 1992 1
OFFICIAL RECORD OF PROCEEDINGS
Wednesday, 8 July 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 EDWARD BARRIE WIGGHAM, C.B.E., 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, C.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., 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, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P.
DR THE HONOURABLE LEONG CHE-HUNG, O.B.E.
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 MARVIN CHEUNG KIN-TUNG, J.P. THE HONOURABLE CHEUNG MAN-KWONG
THE HONOURABLE CHIM PUI-CHUNG
REV THE HONOURABLE FUNG CHI-WOOD
THE HONOURABLE FREDERICK FUNG KIN-KEE 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 HENRY TANG YING-YEN, J.P.
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 J.P.
THE HONOURABLE ZACHARY WONG WAI-YIN
ABSENT
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
THE HONOURABLE SIMON IP SIK-ON, J.P.
IN ATTENDANCE
MR DAVID ALAN CHALLONER NENDICK, C.B.E., J.P.
SECRETARY FOR MONETARY AFFAIRS
THE HONOURABLE EDWARD BARRIE WIGGHAM, C.B.E., J.P. SECRETARY FOR THE CIVIL SERVICE who also acted as Chief Secretary
MRS ANSON CHAN, C.B.E., J.P.
SECRETARY FOR ECONOMIC SERVICES
MR JOHN CHAN CHO-CHAK, L.V.O., O.B.E., J.P. SECRETARY FOR EDUCATION AND MANPOWER MRS ELIZABETH WONG CHIEN CHI-LIEN, I.S.O., J.P. SECRETARY FOR HEALTH AND WELFARE
MR CHAU TAK-HAY, J.P.
SECRETARY FOR TRADE AND INDUSTRY
MR JAMES SO YIU-CHO, O.B.E., J.P.
SECRETARY FOR RECREATION AND CULTURE
MR ANTHONY GORDON EASON, J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
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.
Legislative Council (Electoral Provisions)
Ordinance (Amendment of Second Schedule)
Order
1992................................................................. 210/92 1992................................................................. 210/92
Merchant Shipping (Safety) (Subdivision and Merchant Shipping (Safety) (Subdivision and
Damage Stability of Cargo Ships Over
100 meters in Length) Regulation.................................. 211/92
Waterworks (Amendment) Regulation 1992.......................... 212/92 Waterworks (Amendment) Regulation 1992.......................... 212/92
Pension Benefits Ordinance (Established
Offices) Offices)
Order............................................................. 215/92 Order............................................................. 215/92
Tax Reserve Certificates (Rate of Interest)
(No. 3) Notice 1992..................................................... 216/92
Sessional Papers 1991-92
No. 86 -- No. 86 -- Audited S Audited S Audited Statements of Accounts for the tatements of Accounts for the
Sing Tao Foundation Students' Loan Fund
for the year ending 31 August 1990
No. 87 -- No. 87 -- Audited Statements of Accounts for the Audited Statements of Accounts for the
Sing Tao Foundation Students' Loan Fund
for the year ending 31 August 1991
No. 88 -- No. 88 -- Audited Statements of Accounts of the Hong Kong Audited Statements of Accounts of the Hong Kong
Rotary Club Students' Loan Fund
for the year ending 31 August 1990
No. 89 -- No. 89 -- Audited Statements of Accounts of the Hong Kong Audited Statements of Accounts of the Hong Kong
Rotary Club Students' Loan Fund for
the year ending 31 August 1991 the year ending 31 August 1991
No. 90 -- No. 90 -- School Medical Service Board School Medical Service Board
Annual Report for the year ended 31 March 1992
No. 91 -- No. 91 -- Report of the Select Committee on Report of the Select Committee on
Legislative Council Elections
No. 92 -- No. 92 -- Hong Kong Sports Development Board Hong Kong Sports Development Board
Annual Report 1991-92 Annual Report 1991-92
Oath
Mr Edward Barrie WIGGHAM took the Legislative Council Oath.
Oral answers to questions
Exorbitant surgical fees
1. MISS EMILY LAU asked: Will the Government inform this Council whether it is a 1. MISS EMILY LAU asked: Will the Government inform this Council whether it is aware of public concern over exorbitant surgical fees charged by some doctors in private practice; and, if so, whether it plans to take any action such as urging the medical profession to publish a list of surgical fees as guidelines to the general public seeking surgical treatment?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, yes, we are aware of comments, mainly through the media, about high fees charged by some doctors in private practice.
We believe that a consumer has the right to know and to have access to the information which would enable him to make an informed choice. To this end, consumers have a right to know the level of fees. It is for providers of professional services to respond appropriately in as open a manner as possible. Any patient is free to ask for information about fees and to go to the doctor of his choice.
The Government publishes a schedule of fees for public hospitals and clinics. The Hong Kong Medical Association has also published the results of its survey on doctors' fees in the private sector.
It is the Government's policy that no one is denied adequate medical treatment It is the Government's policy that no one is denied adequate medical treatment for want of means. This is covered by section 4(d) of the Hospital Authority Ordinance. Where a patient cannot afford private treatment, the Government provides public clinics and hospitals, where the subsidy towards the cost of treatment is high and the charges are low and in exceptional circumstances may even be waived.
MISS EMILY LAU: Mr Deputy President, does the Government have information on whether surgical fees in Hong Kong are indeed much higher than those of other Western and
Asian cities? And does the Government think that the Medical Registration Ordinance should be amended to give the Medical Council the power to handle complaints about exorbitant fees and charges?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, we are aware through media reports of certain episodic cases where fees are charged on a very high level. The Medical Council has not formally discussed the matter of fee charging by medical practitioners with the Government. The two prime functions of the Medical Council are, first, the registration of doctors and, secondly, the discipline of registered medical practitioners; fees do not feature in this respect. I think it would be very difficult for anyone other than the doctor and the patient -- who have a special bond of trust -- to come in between them by interfering with what can be a very natural relationship.
DR LEONG CHE-HUNG: Mr Deputy President, in her reply the Secretary mentioned that the consumer has the right to know the level of fees. Could the Secretary inform this Council what plans there are for the Administration to promote public awareness that it has the right to ask to know the fees to be charged by doctors or other
professionals?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, the right to know includes a number of areas: the right to know the level of fees, the right to know the details of the treatment and the right to know the details, depending on professional judgment, in relation to the patient and the state of illness the patient is in. I think the best protection of the consumer, which in this case is the patient, is the consumer himself. I believe also that public censure is a very good form of education process. Public debate will promote awareness and so in this respect the Government would like to be involved but not necessarily to take any other formal measure of promoting education and awareness.
MR CHEUNG MAN-KWONG (in Cantonese): Mr Deputy President, will the Administration inform this Council whether it has received any complaints alleging that some private medical practitioners deliberately raised the figure of the fees charged on the bill, so that their patients can claim more compensation under their insurance policies?
If yes, how would the Administration handle this normally?
DEPUTY PRESIDENT: That is not strictly within the main question, but are you able to throw light on this, Secretary?
SECRETARY FOR HEALTH AND WELFARE: No, Mr Deputy President.
DR CONRAD LAM (in Cantonese): Mr Deputy President, some people think that the fees charged for medical services are too high. Would the Administration consider encouraging the Consumer Council to conduct an investigation and to compile a report on this question of whether the fees charged for medical services are too high, in order to protect a patient's right as a consumer?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, I will certainly relate this to the Consumer Council.
Divulgence of information contained in import or export declarations and certificates of origin
2. MR JIMMY McGREGOR asked: Will the Government inform this Council whether there 2. MR JIMMY McGREGOR asked: Will the Government inform this Council whether there is a plan to lift the legislative and administrative restrictions on the divulgence of information contained in import/export declarations and certificates of origin and allow the information to be made available to organizations promoting Hong Kong trade and industry?
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, we have no such plans. We applaud the efforts and achievements of organizations promoting Hong Kong's trade and industry. But we also have the duty to safeguard the privacy of our traders and manufacturers and to preserve the security of commercially confidential data supplied by them.
At present, the Export (Certificates of Origin) Regulations already provide that certain information supplied by factories for Certificate of Origin registration
purposes may be made available to trade promotion organizations and may be published for the purpose of replying to trade enquiries. Such information is, however, limited to the names and addresses of manufacturers and the nature of their products. We believe that this should be sufficient to enable trade promotion organizations to develop a useful database for the purpose of promoting trade and industry.
MR JIMMY McGREGOR: Mr Deputy President, does the Secretary agree that the basic information on company name, address, product category, import source and export destination obtainable from import/export declarations could be of very great economic value to Hong Kong if it could be made available to persons and companies seeking trade contracts? And if so, will the Secretary agree to seek policy advice from the Trade Advisory Board, the Trade Development Council, chambers of commerce and other interested organizations on how this mine of information can be legitimately tapped in Hong Kong's interests?
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, I repeat that we have a duty to preserve the confidentiality of commercially confidential data provided to the Government for specific purposes. As far as trade promotion is concerned, the Trade Development Council has established a very useful and quite comprehensive service called "TDC Link" which operates on the basis of information originally provided by the Government from factory registration information, namely, the name and address of the manufacturers and their product lines. We believe that therefore this
information is sufficient for the purposes of developing further such services.
MR JIMMY McGREGOR: Mr Deputy President, would the Secretary not agree that there should be something more available to trade and industry than the information obtained from manufacturers? I am thinking particularly about import/export information.
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, I think in many cases the type of information referred to by Mr McGREGOR would involve commercially confidential data and it would not be appropriate for the Government to disclose such information to third parties without the consent of the people supplying the data.
MR PETER WONG: Mr Deputy President, if the particular importer or exporter has ticked a particular box in their return saying that they have no objection to having this information divulged to third parties, would the Administration make this information available?
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, at present we do not ask traders or manufacturers to provide information or advice as to whether or not they have any objection to having their information disclosed to third parties.
MR PETER WONG: Why not, Mr Deputy President?
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, it is our function to facilitate trade rather than to hinder trade and we believe that the sort of data or information required of traders and manufacturers on application for certificates of origin and others should be kept to a minimum.
MR JIMMY McGREGOR: Mr Deputy President, could the Secretary not consider the positive rather than the negative; in other words, instead of waiting for somebody to suggest that they will give information, could not the Secretary introduce a system whereby if the givers of information had no objection then the information could be provided to third parties and thus a positive system of provision of information to trade and industry be put in place?
SECRETARY FOR TRADE AND INDUSTRY: Mr Deputy President, I would have to seek legal advice on this point before I can inform Mr McGREGOR whether I can consider it.
Fifth freedom of the air
3. DR HUANG CHEN-YA asked: Will the Government inform this Council: 3. DR HUANG CHEN-YA asked: Will the Government inform this Council:
(a) which direct air services operating between Hong Kong and other cities are (a) which direct air services operating between Hong Kong and other cities are granted the "fifth freedom of the air";
(b) whether the Administration has compared our level of openness in the grant (b) whether the Administration has compared our level of openness in the grant of such freedoms to air services with those allowed by other neighbouring countries in Asia; if so, what the findings are; and
(c) what policy has been (c) what policy has been what policy has been adopted by the Administration in the granting of the adopted by the Administration in the granting of the fifth freedom in respect of air services for the territory?
SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President, this is a technical question which I believe is best answered in a single statement rather than by taking each point seriatim. For the sake of clarity, I should like to start by explaining what "fifth freedom" means in air services terms.
International scheduled air services are regulated by bilateral air services agreements which are binding treaties between governments. Under such arrangements the airline or airlines of each party are permitted to carry traffic on scheduled services between each other's area. These services are known as third and fourth freedom services.
Fifth freedom services involve the carriage of traffic between the area of one Fifth freedom services involve the carriage of traffic between the area of one of the contracting parties and that of a third party. The agreement of that third party is, of course, required before such services can be operated. For example, if a third party airline operates from its own country via Tokyo to Hong Kong and picks up traffic in Tokyo and discharges it in Hong Kong and vice versa, that is an example of the exercise of a fifth freedom right and the traffic is referred to as fifth freedom traffic. The agreement of all three governments is required for such a service to operate.
In view of Hong Kong's geographic location in a part of the world which is currently enjoying rapid growth in air travel it is not surprising that many of our partners seek fifth freedom traffic rights from us. Most air services agreements governing Hong Kong's air services provide for such rights. It is our policy to grant fifth freedom rights only if to do so will provide opportunities of equal value to Hong Kong and to Hong Kong airlines. We are not unique in this approach; no government gives away valuable rights without an appropriate quid pro quo.
The willingness of any government to grant fifth freedom traffic rights varies depending on their aims and perspectives. For this reason there would be little value in attempting to compare our willingness to grant fifth freedom rights with the
willingness of other governments to do so. But I can assure Members that, as far as this government is concerned, each request for fifth freedom rights is judged on its merits.
DR HUANG CHEN-YA (in Cantonese): The Administration has not answered the first and second parts of my question, which makes it impossible for us to know whether or not the current policy is more detrimental than beneficial to Hong Kong. I therefore request that a written reply to the first and second parts of my question be provided by the Administration. However, I would like to ask now: If an increase in the
frequency and capacity of flights is conducive to bringing about a cut in freight charges, the competitiveness of Hong Kong exporters can thereby be enhanced. It has been estimated that a cut of 10% in freight charges will lead to an increase of one percentage point in Gross Domestic Product. Is it the Administration's current
policy to protect the interests of certain airlines at the expense of Hong Kong's exports?
DEPUTY PRESIDENT: How much of this can you answer now, Secretary?
SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President, it is not that I am trying to evade an answer. I would point out that there are 48 airlines operating services from Hong Kong directly to 85 cities. All of the traffic rights that are currently exercised are readily available in published schedules of airlines. But if Dr HUANG wishes me to supply those in writing, then I will of course have to be given time to gather this. (Annex I)
DR HUANG CHEN-YA (in Cantonese): Mr Deputy President, can the Administration give an oral reply today to the second part of my question?
DEPUTY PRESIDENT: There was a Part Two, I think, to Dr HUANG's supplementary. Do you want it put again, Secretary?
SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President, I do not have anything to add to my principal reply.
DEPUTY PRESIDENT: Would you like to rephrase your second supplementary?
DR HUANG CHEN-YA (in Cantonese): Mr Deputy President, I only wish to ask whether the Administration's current policy is to protect the profits of certain airlines at the expense of export trade? The rationale is that a cut in freight charges will enhance the competitiveness of Hong Kong exporters. It has been estimated that a cut of 10% in freight charges will translate into a 1% growth in Gross Domestic Product.
SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President, perhaps I could pick out one or two of the important points in my principal reply in answer to the supplementary question. I have pointed out that we are always ready to discuss and exchange fifth freedom traffic rights with our partners provided that this is done in the context of a balanced package. We have often heard claims that we are illiberal in our
granting of fifth freedom rights, but every time that we ask for evidence to be adduced as to capacity, constraints or inadequacy, we have not been supplied with such data. If we are ever supplied with such data, we will of course act on the data and adjust our negotiating stance accordingly.
MR HOWARD YOUNG: Mr Deputy President, the Secretary in her reply referred to 48 international airlines operating in and out of Hong Kong and as far as I am aware there are a total of three Hong Kong airlines also. With regard to opportunities of equal value, can the Secretary tell us, for instance on the Hong Kong-trans-Pacific route, whether the balance between Hong Kong airlines and non-Hong Kong airlines reflects in any way Hong Kong's liberal policy?
SECRETARY FOR ECONOMIC SERVICES: Yes, Mr Deputy President. I think in statistics published by the Hong Kong Tourist Association last year it is apparent that in terms of inbound traffic into Hong Kong, Hong Kong airlines only took up 34% of the entire traffic; in respect of outbound traffic Hong Kong airlines took up 36% of the traffic, that is to say, passenger traffic. In respect of inbound cargo traffic, only 34% was taken up by Hong Kong airlines, and outbound traffic, only 24%.
MR JAMES TO (in Cantonese): Mr Deputy President, in the fourth paragraph of her reply, the Secretary mentioned that it was in consideration of that Hong Kong will be provided with similar opportunities of equal value that we granted fifth freedom rights. Do such opportunities of equal value mean opportunities provided only to certain
airlines of Hong Kong and have the costs paid by the public of Hong Kong for air freight or postal services been included in the calculation of such opportunities of equal value?
SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President, in our negotiating stance we have regard first of all to consumers' interests but we are also anxious at the same time to ensure that Hong Kong airlines do not lose out to foreign airlines and at the expense of Hong Kong travellers.
MR CHEUNG MAN-KWONG (in Cantonese): Mr Deputy President, I wish to follow up Mr James TO's question. Will the Administration inform this Council of the principal factors taken into consideration for the granting of Hong Kong's fifth freedom rights? For instance, forwarding companies may reduce their charges because of the granting of such traffic rights; will Hong Kong people be benefited as a result?
SECRETARY FOR ECONOMIC SERVICES: Mr Deputy President, that question seems to suggest that capacity for cargo at the moment is inadequate. As I have pointed out in answer to an earlier supplementary question asked by Mr Howard YOUNG, it is apparent that Hong Kong airlines only account for a very small percentage of cargo traffic and that there is plenty of competition. As I have also pointed out, we have yet to be given evidence that capacity is inadequate at present.
Quarters for civil servants in the Hospital Authority
4. MR MICHAEL HO asked (in Cantonese): As about 70% of the civil servants in the 4. MR MICHAEL HO asked (in Cantonese): As about 70% of the civil servants in the Hospital Authority (HA) have not opted to transfer to the HA, will Government inform this Council whether the quarters allocation ratio and progress in respect of medical and nursing staff who retain their civil servant status are comparable to the
situation before the establishment of the HA; whether the Government can give an
assurance that those officers' entitlement to quarters and the actual allocation of quarters to them will continue until they leave the civil service; and how many of the aforesaid medical and nursing staff excluding student nurses were granted quarters in the past seven months?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, before the Hospital Authority (HA) took over the management of public hospitals on 1 December 1991, 7.9% of the medical, nursing and paramedical staff (excluding trainees) working in the Hospital Services Department resided in departmental quarters. The comparative figure for those who retain their civil servant status while working under the Hospital Authority is 7.4% as at 31 May 1992.
Departmental quarters are justified on grounds of operational need. The Hospital Authority sees no such need, and therefore these quarters may be made available for alternative use. However, arrangements have been worked out for all civil servants residing in departmental quarters on 1 December 1991 to retain their eligibility until their three-year option period for transfer to the Hospital Authority expires on 30 November 1994, or until they leave the civil service, whichever is the earlier. A firm assurance in this regard has been conveyed to the staff through established communication channels.
Since the transfer of management responsibility to the Hospital Authority on 1 December 1991, the Hospital Services Department has not allocated any more such quarters.
Nurse trainees and interns will continue to be entitled to occupy quarters in recognition of the need for them to reside in hospitals as part of their overall training programme.
MR MICHAEL HO (in Cantonese): Mr Deputy President, will the Administration inform this Council why under the current situation, that is, officers can only move out of quarters rather than applying for occupation, civil servants working in hospitals are not allocated these quarters as the Government may well let civil servants of other grades occupy these quarters?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, the fact remains that since the Hospital Authority has taken the view that there is no operational need for departmental quarters, there is therefore no justifiable ground for additional allocation of these quarters. The present arrangement of allowing the existing occupants to continue to occupy quarters is a special concession to avoid causing unnecessary disruption and hardship to those officers already residing in departmental quarters.
MR LEE WING-TAT (in Cantonese): Mr Deputy President, will the Secretary confirm whether there is a larger number of units vacant among quarters for occupation by nurses? If yes, why are these units left vacant instead of being allocated to civil servants who have not yet transferred to the Hospital Authority?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, the alternative use of departmental quarters relinquished by the Hospital Authority is being studied and is under active consideration between the Hospital Authority and the relevant government departments. The point made by Mr LEE will be certainly borne in mind.
DR CONRAD LAM (in Cantonese): Mr Deputy President, I really do not understand why the Secretary mentioned in the second paragraph of her reply that the Hospital Authority saw no such need where medical staff on transferring to the Hospital Authority will in fact be doing the same kind of work before the transfer. Why does the Hospital Authority see "no such need" on taking over the management? Is it indicating that a decision made in the past was incorrect and that we are being progressive now?
SECRETARY FOR HEALTH AND WELFARE: Mr Deputy President, perhaps I should explain that we are talking about the former departmental quarters which in the view of the Hospital Authority constitute part of remuneration. So in the cash allowance payable to the Hospital Authority staff who have opted for Hospital Authority terms, there is an element which takes into account the former occupation of the then departmental
quarters.
MR MICHAEL HO (in Cantonese): Mr Deputy President, I would like to follow up the supplementary raised by Dr Conrad LAM. Given that the cash allowance has taken into account the quarters entitlement of staff who opted for the Hospital Authority terms while those who elected to remain in the Civil Service are not entitled to such
benefits, why are the latter not allowed to continue to occupy civil service quarters?
SECRETARY FOR HEALTH AND WELFARE: I would like, Mr Deputy President, to go back to my main reply which stated quite clearly that operational need for departmental quarters would be the basic justification for the provision of departmental quarters. Since the Hospital Authority has taken the view, as reflected in the cash allowance payable, that there is no operational need for departmental quarters -- in lieu of which they are providing call rooms and overnight rooms for those staff who have the need to stay in the vicinity of the hospital -- there is no need for allocation of any departmental quarters.
Overseas recruitment of Administrative Officers
5. DR LEONG CHE-HUNG asked: In the year 1990-91, a total of three Administrative 5. DR LEONG CHE-HUNG asked: In the year 1990-91, a total of three Administrative Officers were recruited by the seven overseas recruitment centres of the Government at the cost of HK$962,581; that is to say, some HK$320,000 each. In view of the low number of successful recruits in the past few years against the ever increasing costs of overseas recruitment, will the Secretary for the Civil Service inform this Council of the justifications for overseas recruitment, and whether this will still continue?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, the justification for recruiting Administrative Officers overseas is that we wish to tap the pool of talent formed by the considerable number of Hong Kong people who are living or studying abroad.
On the whole the results obtained have been very worthwhile. Although it is true that in the exceptional year of 1990-91 only three such officers were recruited, there were in fact 10 recruited from overseas in 1989-90 and nine offers of employment will be made as a result of this year's recruitment exercise. The costs tend to be fixed, and therefore may appear high on a per capita basis in a year of low recruitment. However there are subsequent savings to be taken into account, because officers
educated abroad, unlike their locally recruited counterparts, are not eligible for overseas training in their first few years of service. A further point is that we are recruiting people with the intention that they should spend a full career with us. This approach warrants a higher initial investment in recruitment.
In the light of our experience so far we propose to continue to recruit a proportion of our Administrative Officers from among Hong Kong people living or studying abroad.
DR LEONG CHE-HUNG: Mr Deputy President, it is very important, no doubt, to secure the return of Hong Kong people who have acquired knowledge abroad. But in the light of this apparently very non-cost-effective exercise, could the Administration inform this Council whether they would consider, or have they ever considered, other more cost-effective methods?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, I tend to regard the recruitment of Administrative Officers as one complete exercise. Quite naturally, the majority of applicants and also the majority of appointees come from here in Hong Kong. There are some, however, who at the point of recruitment are overseas. I think it would be a mistake if we denied ourselves that talent.
MR ERIC LI (in Cantonese): Mr Deputy President, in the reply provided by the Administration, it is mentioned that the recruitment centres will facilitate the return of talented people from overseas. Given the fact that there are few vacancies for Administrative Officers while there are numerous vacancies in various grades within the Civil Service such as police officers, speech therapists and nurses, has the Administration ever considered making use of the overseas recruitment centres to help the recruitment for the other civil service grades?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, we do not maintain permanent recruitment centres. To ensure that we apply consistent standards in both our local recruitment and our overseas recruitment of Administrative Officers, we make use of members of the local recruitment board who travel to the various centres. They are supported for the two or three weeks of that exercise by our staff locally based in our overseas offices.
DR SAMUEL WONG: Mr Deputy President, it was mentioned in Dr LEONG's question that there are seven overseas recruitment centres. Could this Council be informed where these centres are and whether some centres are less effective in the recruitment exercise?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, as I said in reply to the last question, there are no permanent centres. We have for some time recruited Hong Kong students in particular from the United Kingdom. Three years ago we extended that exercise to Hong Kong residents living at that time in the United States of America. The following year, two years ago, we extended that to Canada. Last year we extended the exercise to Australia. But as I said earlier, this is an exercise carried out by the same recruitment board who travel to those centres.
MRS PEGGY LAM (in Cantonese): Mr Deputy President, the question I intended to ask has been raised by Dr Samuel WONG. But I still have one more question to ask. As for the civil servants recruited from overseas, which ranks do they belong to? What areas of duties are they responsible for?
DEPUTY PRESIDENT: It is a little outside the main question, Secretary, but do you have an answer?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, may I assume the question to be still referring to Administrative Officers?
DEPUTY PRESIDENT: Mrs LAM, does your question refer only to Administrative Officers or generally?
MRS PEGGY LAM (in Cantonese): I referred to Administrative Officers. SECRETARY FOR THE CIVIL SERVICE: In which case, Mr Deputy President, there is no
distinction applied at all, either at the point of recruitment or throughout their career.
MISS EMILY LAU (in Cantonese): Mr Deputy President, when did the Government start recruiting Administrative Officers overseas? Does this reflect that too many talented people have migrated, thus leading to the problem of brain drain in Hong Kong so that the Government is subsequently compelled to recruit overseas?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, I cannot recall exactly when we first started recruiting in the United Kingdom. But as I said, we extended our net some three years ago. It certainly does not reflect a lack of applications, locally. We have consistently in the last three or four years -- at the same period when we have been recruiting overseas -- received something between the order of 3 000 and 4 000 applications. At the end of the day we normally take about 30.
MR ANDREW WONG (in Cantonese): Mr Deputy President, I think what Mrs Peggy LAM was asking is whether the Administrative Officers recruited from overseas were at the rank of Administrative Officer, Senior Administrative Officer or even higher? (in English) In other words, whether candidates are recruited at the Administrative
Officer level or Senior Administrative Officer level or Staff Grade C or Staff Grade B or whatever?
DEPUTY PRESIDENT: Mr WONG, I think Mrs LAM did clarify her question. It is therefore for Mrs LAM to pursue this if she wishes.
MR JIMMY McGREGOR: Mr Deputy President, can the Secretary set out the qualities or experience that the Government considers may be better developed in the overseas recruited Administrative Officers as opposed to the locals? Do these include the English language ability and possibly a foreign nationality?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, as I said earlier, we make no distinction. I can do no better than to read from the Administrative Service Booklet which says:
"The Hong Kong Government is seeking ambitious young men and women who are intelligent, fair minded, versatile, have determination, commonsense and the ability to deal effectively with people from all walks of life. Secondly, they have concern for the welfare of the community and its continuing prosperity."
In other words, Mr Deputy President, we go for the best and we have some of the examples here this afternoon.
MRS ELSIE TU: Mr Deputy President, did I hear the Secretary say "young men"? Did he mention "young women"?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, if I may refer to the Interpretation and General Clauses Ordinance (Cap. 1) I think I covered both sexes.
DR LEONG CHE-HUNG: Mr Deputy President, from data provided by the Civil Service Branch it has been shown that in 1990-91, for example, some 631 applications were made to these seven overseas recruitment centres. The numbers interviewed were only 22, in other words, 3%, and the appointments were only three. Now can the Administration explain to this Council this low rate of interviews? Is it because that the
applicants have not reached the so-called standards that the Secretary has just alluded to? Why is it that there were so few appointments?
SECRETARY FOR THE CIVIL SERVICE: Mr Deputy President, if I may make one point which appeared towards the end of Dr LEONG's question. Although it is true that in the year which he selected from the material I earlier sent him it showed the smallest number of three recruits, in fact five were offered appointment and so five were found to be suitable. I do not have the relative figures for local recruitment and overseas recruitment but I am not surprised at those figures. Since, as I said earlier, we are going for the best, we have a very thorough, very comprehensive exercise whereby many of those who apply initially are deleted from the list; thereafter a certain proportion sit a very demanding set of written examinations which include the use of both English and written Chinese; they are then invited to a one-on-one interview; they are further short-listed and take part thereafter in a group exercise. Those selected from that exercise are then subjected to a very intensive interview. So
the whole exercise is very thorough indeed and therefore I am not surprised that only a small number survive.
Environmental conservation
6. MR MAN SAI-CHEONG asked (in Cantonese): Given that the importance of 6. MR MAN SAI-CHEONG asked (in Cantonese): Given that the importance of environmental conservation is recognized in the Climate Change Convention signed at the Earth Summit recently held in Brazil, will the Government inform this Council:
(a) what achievements have been made by the Hong Kong Government in environme (a) what achievements have been made by the Hong Kong Government in environmental conservation, with particular reference to tree planting in the past 10 years, and whether there are plans to increase the number and species of trees to be planted in the coming 10 years;
(b) whether there is a specific government department or central working party (b) whether there is a specific government department or central working party to co-ordinate the implementation of greening up and environmental conservation policies; and
(c) whether it is the Government's int (c) whether it is the Government's int whether it is the Government's intention to establish a long-term, ention to establish a long-term, comprehensive, city-wide master landscape plan to tie in with the Metroplan?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, there are several branches to this question. Initially I considered giving a truncated answer, but decided it would be better to get to the root of matters and not leave anything out. I hope it will not sap yours and Members' patience if my reply is therefore a shade long.
On the general question of environmental conservation, I should like to mention On the general question of environmental conservation, I should like to mention that an information paper on the subject was presented to the OMELCO Panel on Environmental Affairs at its April meeting. The paper described the position as regards country parks and special areas (also debated in this Council on 1 July), marine parks and reserves, flora and fauna, land use planning and control at strategic, sub-regional and local levels (with reference to Chapter 10 of the Hong Kong Planning Standards and Guidelines on "Landscape and Conservation"), and pollution prevention and control (with reference to the 1989 White Paper). Additional copies of the information paper and the other documents I have referred to can be made available
to Members who may not have seen them already.
Coming now to the particular question of trees (which was the subject of another Coming now to the particular question of trees (which was the subject of another information paper presented to the OMELCO Panel on Environmental Affairs in January this year) in the past 10 years, about nine million trees, in addition to millions more shrubs and climbing plants, have been planted throughout the territory by the two municipal councils and various government departments; about 1.8 million in the urban areas. Since the early 1980s, a landscape notion has been part of each
Development Office in the Territory Development Department to ensure that landscape measures, including tree planting, are an integral part of any development proposal, whether private or public. It is now standard practice for comprehensive landscape requirements to be included in development conditions.
The Urban Council is planning to accelerate its tree planting programme, beyond the 900 000 trees already planted annually all round, and is exploring the possibility of joint venture planting programmes with district boards to increase community involvement. The Territory Development Department is also planning an urban-fringe planting programme which will cover some 55 hectares of eroded slopes and other areas. Over 150 000 trees will be planted on North Lantau starting in 1994. The number of species from which trees for planting are drawn already exceeds 100; and there are plans to add more native and exotic species.
The overall co-ordination of environmental conservation policy is the responsibility of my branch. From my answer so far, it will be clear that the ethic is already becoming increasingly entrenched in the numerous departments involved; and this, rather than an intricate greening masterplan, is the key to success. Bodies with responsibilities in the planning and development field, such as the Town Planning Board, Development Progress Committee, the District Planning and Land Conferences, and so on, are also now acutely conscious of the environmental conservation aspects of their business. Again, specifically on trees, an Inter-departmental Working Group on Urban Trees was set up in March 1991 to co-ordinate efforts in tree planting and to draw up guideline for street tree planting.
A long-term, comprehensive landscape plan was outlined as part of the Metroplan Selected Strategy released in 1991. This provides an urban design and landscape framework, including an extensive network of open spaces. Fifteen areas are earmarked for development as urban fringe parks. Upon full implementation of this strategy, we will have about 1 000 hectares of landscaped areas and open spaces in
the Metro region for public enjoyment. In addition, we are in the process of formulating a territorial landscape strategy as part of the on-going Territorial Development Strategy Studies.
MR MAN SAI-CHEONG (in Cantonese): Mr Deputy President, I am delighted to know that there will be new plans. Nevertheless, has the Administration considered introducing legislation, as a long-term town planning strategy, to provide that indigenous big trees such as banyan trees be preserved at sites of large-scale construction works or land development; or to require that replacement plantation be carried out for some of the trees felled; or even to stipulate in the development conditions that newly planted trees be tended to?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, I think I have already indicated that these are standard requirements in existing requirements for both the public works projects and for private development schemes. The performance of developers and contractors, as far as I am concerned, is extremely responsive to these requirements, and I do not see a requirement at this stage for legislation to enforce such conditions.
MR GILBERT LEUNG (in Cantonese): Mr Deputy President, will the Administration inform this Council whether positive actions will be taken to include landscaping works in the respective designs of the various ACP projects? If yes, what are the details?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, I do not have that sort of detail available for the numerous ACP projects and the contracts that will implement them. But I am fairly confident that given that these are standard requirements, they will form an important part of all the ACP projects.
REV FUNG CHI-WOOD (in Cantonese): Mr Deputy President, the Secretary mentioned in his reply that an inter-departmental working group on urban trees was set up in March 1991. What are the accomplishments of this working group so far? What plans are there for tree planting in the urban areas?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, I think I have already covered the last part of the question as to what plans there are for tree planting in the urban areas. I think it would be more productive if I were to give the Rev FUNG a written reply (Annex II) on the details of the work of the inter departmental working group.
MR PETER WONG: Mr Deputy President, the question mentioned about the Climate Change Convention signed at the Earth Summit recently in Rio. Can the Secretary inform us what plans the Administration have to carry out the resolutions passed at that Summit?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, the Government will have to study the details of the Convention as soon as these become available and we will then consider their implications and decide what action should be taken on them in Hong Kong.
MR MAN SAI-CHEONG (in Cantonese): Mr Deputy President, I would like to raise a follow-up question. As a major international city, is Hong Kong in any way obliged under the Climate Change Convention to plant trees extensively to reduce the level of carbon dioxide? If yes, will the relevant provisions be submitted to this Council for endorsement?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: As I have said, Mr Deputy President, we will study the details of the Convention and, having done so, consider Hong Kong's obligations. I think it is already apparent from what I have said that we are more than meeting our obligations to plant trees in Hong Kong.
Written answers to questions
Normalization of economic relations between the United States and Vietnam
7. MR MARTIN BARROW asked: In the light of steps recently taken by the United St 7. MR MARTIN BARROW asked: In the light of steps recently taken by the United States Government to normalize economic relations with Vietnam which will contribute towards improving the Vietnamese economy and encouraging voluntary return from Hong Kong of
Vietnamese migrants, will the Government inform this Council whether it will advise the British Government to urge the United States Government to speed up the normalization process; and whether it is aware of any specific actions taken by the British Government in this respect?
SECRETARY FOR SECURITY: Mr Deputy President, we have always made clear that in our view the root cause of the Vietnamese migrant problem lies in Vietnam, and especially in economic conditions there. We have also made clear that, in our view, parties to the Comprehensive Plan of Action should work to improve those conditions. The United States of America clearly has a key role to play in this, because of its present trade embargo, and its block on Vietnamese access to the International Financial Institutions. The British Government shares this view, and has made this clear to the United States Government both in bilateral discussions, and in the deliberations of the relevant international organizations.
Use of Eastern Harbour Crossing
8. MR FRED LI asked: In view of the various measures taken to encourage the use o 8. MR FRED LI asked: In view of the various measures taken to encourage the use o MR FRED LI asked: In view of the various measures taken to encourage the use of the Eastern Harbour Crossing, will the Government inform this Council of:
(a) the average traffic flow through the Eastern Harbour Crossing on an hourly (a) the average traffic flow through the Eastern Harbour Crossing on an hourly basis;
(b) the design capacity of the Eastern Harbour Crossing; (b) the design capacity of the Eastern Harbour Crossing;
(c) the estimated traffic cap (c) the estimated traffic cap the estimated traffic capacity of the road networks in Kwun Tong; acity of the road networks in Kwun Tong;
(d) the expected impact of the various measures to encourage the use of the (d) the expected impact of the various measures to encourage the use of the Eastern Harbour Crossing on the traffic condition in Kwun Tong District?
SECRETARY FOR TRANSPORT: Mr Deputy President,
(a) During the (a) During the During the daytime, the average hourly traffic flow through the Eastern daytime, the average hourly traffic flow through the Eastern
Harbour Crossing in both directions varies between 3 600 vehicles off peak and about 5 000 vehicles at the busiest times.
(b) The capacity of the Eastern Harbour Crossing is about 6 000 vehicl (b) The capacity of the Eastern Harbour Crossing is about 6 000 vehicl The capacity of the Eastern Harbour Crossing is about 6 000 vehicles per h es per hour.
(c) Each road has its own traffic capacity and estimates are not available of (c) Each road has its own traffic capacity and estimates are not available of the capacity of road networks in Kwun Tong.
(d) The average throughput of the Eastern Harbour Crossing is now 65 000 (d) The average throughput of the Eastern Harbour Crossing is now 65 000 vehicles per day, which is well below the capacity of 100 000 vehicles. Increased usage of the Crossing is unlikely to have a major impact on traffic conditions in Kwun Tong. This is because most traffic enters or leaves the Eastern Harbour Crossing via the Kwun Tong Bypass and Kwun Tong Road. The capacity of each of these roads is about 8 400 vehicles per hour in both directions, against a current peak traffic flow of 5 000-6 000 vehicles per hour.
Estimated cost of the Airport Core Programme
9. DR SAMUEL WONG asked: The tota 9. DR SAMUEL WONG asked: The tota DR SAMUEL WONG asked: The total estimated cost of the Airport Core Programme l estimated cost of the Airport Core Programme announced in April 1992 was $112,220 million at March 1991 prices. Will the Government inform this Council of such estimated cost at money of the day prices?
SECRETARY FOR THE TREASURY: Mr Deputy President, a breakdown of the estimated cost of the Airport Core Programme (ACP), expressed in constant March 1991 prices and in money of the day (MOD), is as follows:
Estimate Estimate Estimate Estimate
at March 1991 prices at MOD prices at March 1991 prices at MOD prices
Project $ million Project $ million $ million $ million $ million
Chek Lap Kok Airport 46,300 Chek Lap Kok Airport 46,300 68,500
North Lantau Expressway 5,790 North Lantau Expressway 5,790 8,102
Tung Chung Development 2,210 Tung Chung Development 2,210 3,027
Phase I
Lantau Fixed Crossing 11,960 Lantau Fixed Crossing 11,960 17,155
Route 3 (part) 6,050 Route 3 (part) 6,050 8,918
West Kowloon Reclamation 10,010 West Kowloon Reclamation 10,010 12,587
West Kowloon Expressway 2,230 West Kowloon Expressway 2,230 3,383
Western Harbour Crossing 4,150 Western Harbour Crossing 4,150 6,500
Airport Railway 22,160 Airport Railway 22,160 33,500
Central & Wan Chai 1,900 Central & Wan Chai 1,900 2,827
Reclamation
Utilities & others 2,360 Utilities & others 2,360 3,260
Less Airport Railway Less Airport Railway Airport Railway (2,900) (2,900) (2,900) (4,029) (4,029)
works to be undertaken as
part of the Lantau Fixed
Crossing, Tung Chung Crossing, Tung Chung
Development, North Lantau
Expressway, Route 3, and
"Utilities" projects
TOTAL 112,220 TOTAL 112,220 112,220 163,730 163,730
====== ====== ====== ======
The estimate of $112,220 million at March 1991 prices and of $163,730 million in MOD apply to the same scope of works under the ACP as was announced on 2 April 1992. Expressing project estimates in constant March 1991 prices enables real increases in cost to be readily identified. Expressing project estimates in MOD, on the other hand, gives an idea as to their likely outturn.
The basis upon which MOD estimates for government ACP projects was calculated is explained in information note FCRI(92-93)9, entitled "Government Expenditure on the Airport Core Programme: Adjustment from 1991 Dollars to Money of the Day". This note was issued on 3 June 1992. The MOD equivalents for the other ACP projects were released to the public on 12 June 1992.
Publicity activities on the Hong Kong Bill of Rights Ordinance
10. MR JAMES TO asked: Wil 10. MR JAMES TO asked: Wil MR JAMES TO asked: Will the Government inform this Council, since the enactment l the Government inform this Council, since the enactment of the Hong Kong Bill of Rights Ordinance in June 1991:
(a) whether publicity activities have been organized by the Administration to (a) whether publicity activities have been organized by the Administration to educate members of the public on the Hong Kong Bill of Rights Ordinance; if so, what the number and nature of such activities are;
(b) whether funds have been made available to non-government organizations to (b) whether funds have been made available to non-government organizations to organize such activities; if so, which organizations have been allocated funds and what are the number and nature of the publicity activities organized by them; and
(c) whether funds have been reserved in 1992-93 for the organization of such (c) whether funds have been reserved in 1992-93 for the organization of such activities; if so, what the size of allocation is?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, the Administration has published educational materials to help members of the public to understand the Bill of Rights Ordinance. 10 000 copies of the Bill of Rights Ordinance and 20 000 copies of an introductory booklet on the Ordinance have been distributed to the public
through the Information Services Department and the District Offices.
The Committee on the Promotion of Civic Education (the Committee) has set up a Human Rights Education Sub-Committee in May 1992 to foster public understanding and respect for human rights. Human rights education is one of the Committee's work priorities in 1992-93.
For the fiscal year 1992-93, government funds allocated for the work of the Committee amounts to $2.5 million, part of which has been earmarked for human rights education and publicity. The Committee also receives a donation of $1 million from
the Royal Hong Kong Jockey Club for organizing human rights education projects. The projects so far planned in 1992-93 are:
Programme Budget Programme Budget
(a) Special Community (a) Special Community Special Community Participation Scheme Participation Scheme Participation Scheme $300,000 $300,000
on Human Rights Education
The objective of the scheme is to encourage
voluntary agencies/community bodies to organize
their own human rights education projects.
(See also last paragraph of this answer)
(b) Production of information kits on human rights oduction of information kits on human rights oduction of information kits on human rights $295,000 $295,000
(including handbook, video-tape and
teaching materials)
The information kits will be distributed to
schools and voluntary organizations.
(c) Illustrated Pamphlet on the Bill of Rights (BO (c) Illustrated Pamphlet on the Bill of Rights (BO Illustrated Pamphlet on the Bill of Rights (BOR) $100,000 $100,000 (tentative)
Free copies (40 000 tentative) will be
distributed to the public.
(d) Civic Education Day (d) Civic Education Day Civic Education Day $420,000 $420,000
(approx.)
To be held in November 1992 with the
theme on human rights. Sponsorship will also be
granted to district civic education bodies in granted to district civic education bodies in
organizing human rights projects in collaboration
with the Civic Education Day.
(e) Seminars on Human Rights Education (e) Seminars on Human Rights Education Seminars on Human Rights Education $5,000
(tentative)
Seminars will be held for teachers
and frontline workers.
(f) Rad (f) Radio Programme on Human Rights io Programme on Human Rights io Programme on Human Rights $70,000 $70,000
(approx.)
Radio programme on human rights
(including short drama and discussions),
each lasting for 10-15 minutes, will be
broadcast every Saturday morning from
25 July to 17 October 1992.
In addition, through its on-going Community Participation Scheme, the Committee In addition, through its on-going Community Participation Scheme, the Committee has sponsored twelve human rights-related civic education projects organized by voluntary organizations and community bodies in 1990-91 to 1992-93. The total amount of sponsorship offered is about $374,000. A list of these projects is at Annex.
Annex
List of civic education projects
on Human Rights sponsored under the
Community Participation Scheme in 1990-91 to 1992-93
Themes/format Amount Themes/format Amount
Organizations of the project Organizations of the project of the project allocat allocat allocated (in HK$) ed (in HK$)
1990-91
1. Political Science 1. Political Science Political Science Human Rights camps Human Rights camps Human Rights camps $8,412
Society of the for secondary Society of the for secondary
Hong Kong students Hong Kong students
University
Students' Union
2. Hong Kong 2. Hong Kong Hong Kong Training courses for Training courses for Training courses for $50,000 $50,000 Christian teachers and Christian teachers and
Institute teaching kits on Institute teaching kits on
human rights human rights
1991-92
3. Justice and Peace 3. Justice and Peace Justice and Peace Production of two Production of two Production of two $30,000 $30,000 Commission of the sets of teaching Commission of the sets of teaching
Hong Kong kits for students, Hong Kong kits for students,
Catholic community Catholic community
Diocese organizations and Diocese organizations and
members of the
church groups
4. Finnish 4. Finnish Finnish Community visits and Community visits and Community visits and $5,000 Missionary Missionary camps for youngsters camps for youngsters
Society Yuen Long of the Yuen Long Society Yuen Long of the Yuen Long
Christian Youth District Christian Youth District
and Children
Service Centre
Themes/format Amount Themes/format Amount
Organizations of the project Organizations of the project of the project allocated (in HK$) allocated (in HK$) 1992-93
5. Tai Kok Tsui 5. Tai Kok Tsui Tai Kok Tsui Quiz, seminar, Quiz, seminar, Quiz, seminar, $37,090 $37,090 Youth Centre of Youth Centre of exhibition on legal exhibition on legal
the Hong Kong awareness and human the Hong Kong awareness and human
Federation of rights Federation of rights
Youth Groups
6. Justice and Peace 6. Justice and Peace Justice and Peace Teaching kits on Teaching kits on Teaching kits on $35,400 $35,400 Commission of the right to life and Commission of the right to life and
Hong Kong elimination of Hong Kong elimination of
Catholic Diocese discrimination Catholic Diocese discrimination
7. Society for 7. Society for Society for Programmes for ogrammes for ogrammes for $50,500 $50,500 Community promoting human Community promoting human
Organization rights including Organization rights including
games, case studies,
talks, visits, and
exhibitions
8. Lei Yue Mun 8. Lei Yue Mun Lei Yue Mun Talks, seminar, and Talks, seminar, and Talks, seminar, and $12,950 $12,950 Residents' correspondence Residents' correspondence
Association course on human rights Association course on human rights
9. Training 9. Training Training and Production of Production of Production of $50,000 $50,000 Development Unit teaching kits on Development Unit teaching kits on
of the Hong Kong human rights of the Hong Kong human rights
Federation of
Youth Groups
10. Hong Kong 10. Hong Kong Hong Kong Script writing Script writing Script writing $50,100 $50,100 Lutheran Church competitions, radio Lutheran Church competitions, radio
play competition,
production of
cassette tapes on
human rights human rights
11. Shatin Youth 11. Shatin Youth Shatin Youth Inter-school quiz on Inter-school quiz on Inter-school quiz on $14,380 $14,380 Centre, Hong human rights and Centre, Hong human rights and
Kong Lutheran rule of law Kong Lutheran rule of law
Church
Themes/format Amount Themes/format Amount
Organizations of the project Organizations of the project of the project allocated (in HK$) allocated (in HK$)
12. University of 12. University of University of Exhibitions, quiz, Exhibitions, quiz, Exhibitions, quiz, $30,400 $30,400
Democracy/Working Democracy/Working cracy/Working camp and pamphlets camp and pamphlets
Group on local on human rights and Group on local on human rights and
education on rule of law education on rule of law
democracy
project
-----------
Total: $374,232 Total: $374,232
Cordoning off of an area in front of the New China News Agency
11. MR ERIC LI asked: Will the Government 11. MR ERIC LI asked: Will the Government MR ERIC LI asked: Will the Government inform this Council under which ordinance inform this Council under which ordinance the Police blockaded the area in front of the New China News Agency (Hong Kong Branch); and in taking such action, what criteria have been adopted to determine the scope and boundary of the blockade?
SECRETARY FOR SECURITY: Mr Deputy President, section 10 of the Police Force Ordinance empowers the police to take lawful measures to preserve public peace and to protect life and property. In discharging these duties, it is sometimes necessary for the police to cordon off temporarily certain areas. The area outside the New China News Agency is a case in point. The decision to cordon off a public area is taken by police commanders at the scene in the interests of public order and public safety.
Consultancies commissioned by the Hospital Authority
12. MR MICHAEL HO: The Hospital Authority (HA) has commissioned a number of 12. MR MICHAEL HO: The Hospital Authority (HA) has commissioned a number of consultants since its establishment to give advice on various matters concerning reforms. In this regard, will the Government inform this Council:
(a) of the following - (a) of the following -
(i) the number of consultants commissioned; (i) the number of consultants commissioned;
(ii) the dates of their first appointment; (ii) the dates of their first appointment;
(iii) the tenure of their appointment; (iii) the tenure of their appointment;
(iv) the costs incurred; and (iv) the costs incurred; and
(v) the titles and objectives of the projects/items involve (v) the titles and objectives of the projects/items involve the titles and objectives of the projects/items involved;
(b) of the criteria on which the HA determined the allocation of funds to (b) of the criteria on which the HA determined the allocation of funds to commission these consultants;
(c) whether the studies completed have met the requirements of the HA; and (c) whether the studies completed have met the requirements of the HA; and
(d) which consultancy reports have been endorsed by the HA and what (d) which consultancy reports have been endorsed by the HA and what which consultancy reports have been endorsed by the HA and what the position the position is as to their implementation?
SECRETARY FOR HEALTH AND WELFARE: The answers, seriatim, are as follows:
(a) Hospital Authority has commissioned a total of five consultancy studies (a) Hospital Authority has commissioned a total of five consultancy studies in 1991-92. Relevant details on these studies are summarized below:
Date of first Tenure of Date of first Tenure of
Title Title appointment appointment appointment appointment appointment appointment Expenditure Expenditure
Diagnostic Diagnostic Diagnostic Sept 1991 Sept 1991 Sept 1991 5.5 months 5.5 months 5.5 months $850,000 $850,000
Review of Review of
Hospital Hospital
Supporting Supporting
Service
Communication Communication Communication May 1991 8 months 8 months 8 months $1,730,000 $1,730,000
Interim Apr 1991 Interim Apr 1991 Apr 1991 3 months 3 months 3 months $2,650,000 $2,650,000
Management
Information
System Studies
Parts I & II
Interim Sept 1991 Interim Sept 1991 Sept 1991 12 months 12 months 12 months $2,950,000 $2,950,000
Management (for Management (for
Information development Information development
System Studies of computer System Studies of computer
Part III sof Part III software
in 1992-93)
Diagnostic Oct 1991 Diagnostic Oct 1991 Oct 1991 4.5 months 4.5 months 4.5 months $1,730,000 $1,730,000
Review of Review of
Clinical Clinical
Services Services
in Hong Kong in Hong Kong
Hospitals Hospitals
Date of first Tenure of Date of first Tenure of
Title Title appointment appointment appointment appointment appointment appointment Expenditure Expenditure
Medical Record Medical Record Medical Record Jan 1992 Jan 1992 Jan 1992 2 months 2 months 2 months $120,000
Management System Management System
Additional information on the objectives of each consultancy is at Annex A.
(b) Consultants are engaged by the Hospital Authority to provide expert advice (b) Consultants are engaged by the Hospital Authority to provide expert advice on various aspects of reform. When determining the allocation of funds for consultancy studies, due consideration is given to the feasibility of conducting them in-house, the urgency for introducing improvements in step with the hospital management reform programme, the need for input from experts with international repute and relevant experience to set the direction for future planning and provision of services or infrastructural systems. The procedures for engagement of consultants are set out in the circular on "Interim Tendering Procedures in relation to Services" at Annex B.
(c) All consultancy studies are closely monitored and evaluated by a steering (c) All consultancy studies are closely monitored and evaluated by a steering committee established by the Hospital Authority. Except the Interim Management Information System Studies which is due for completion in August 1992, all the studies have been completed and their recommendations adopted.
(d) The Hospital Authority is in the course of implementing various (d) The Hospital Authority is in the course of implementing various recommendations made by the consultants. The latest progress is summarized below:
Supporting Services - Supporting Services - environmental and physic environmental and physic environmental and physical
improvements are being implemented at various improvements are being implemented at various hospitals. Other recommendations are accorded hospitals. Other recommendations are accorded with priority for implementation.
Communication - Communication - recommendations have been recommendations have been recommendations have been implemented implemented to improve existing communication channels a to improve existing communication channels a communication channels and publicity arrangements.
Information System - Information System - an interim management information an interim management information
system has been designed and installed for system has been designed and installed for user testing.
Clinical Services - Clinical Services - a strategy is being mapped out for a strategy is being mapped out for
implementation of the relevant implementation of the relevant
recommendations. endations.
Medical Record - Medical Record - a pilot hospital has been selected to a pilot hospital has been selected to
implement the model medical record
management system and to assess the
feasibility of extending the system to
other hospitals.
Annex A
Objectives
Consultancy on the Diagnostic Review of Hospital Supporting Services Objectives
(a) to identify major opportunities for reforms in order to achieve facility and (a) to identify major opportunities for reforms in order to achieve facility and services improvement and/or cost benefit;
(b) to recommend standards and management reforms, including staffing or (b) to recommend standards and management reforms, including staffing or to recommend standards and management reforms, including staffing organization ganization and standards, to bring these services in line with modern practices; and
(c) to provide the Hospital Authority with a strategic implementation plan with (c) to provide the Hospital Authority with a strategic implementation plan with practical options on how such services may be restructured, including the feasibility of contracting out.
The scope of the Supporting Services review covered:
(a) domestic services; (a) domestic services;
(b) patient and staff amenities and ancillary services; (b) patient and staff amenities and ancillary services;
(c) pest control and pollution/environmental control; (c) pest control and pollution/environmental control;
(d) grounds and premises management service (d) grounds and premises management service grounds and premises management services; and
(e) linen/uniform supply and laundry services. (e) linen/uniform supply and laundry services.
Consultancy on Communications Strategy
Objectives
(a) advise on and assist in the development of an effective communications strategy (a) advise on and assist in the development of an effective communications strategy for both the internal and external target audience, with specific reference to critical events of the HA;
(b) design a communications package relating to the transfer option exercise, and (b) design a communications package relating to the transfer option exercise, and provide training for staff who are going to disseminate the information;
(c) design an orientation and induction programme for s (c) design an orientation and induction programme for s design an orientation and induction programme for staff to further publicize the taff to further publicize the HA message and culture, and to train up PR managers;
(d) design a communication package leading to management reforms at the hospital (d) design a communication package leading to management reforms at the hospital level.
Consultancy on Interim Management Information System Studies
Objective
The purpose of the Interim Management Information System is to ensure that The purpose of the Interim Management Information System is to ensure that appropriate management information would be available to support management reforms in the HA. The project was taken up in three parts:
Part I to identify the management information (incl Part I to identify the management information (incl to identify the management information (including standard definitions of uding standard definitions of data and performance indicators) that will be required by hospitals implementing the new management structure; and the corporate management information that is considered to be necessary for the HA to monitor effectively the hospitals under its control.
Part II to propose practical options for the implementation of an interim management Part II to propose practical options for the implementation of an interim management information system in HA hospitals including the identification of resources required for each option; and
Part III to design, develop and im Part III to design, develop and im to design, develop and implement the chosen option and to assist in the plement the chosen option and to assist in the training of all relevant HA staff.
Consultancy on Diagnostic Review of Clinical Services in Hong Kong Hospitals Objectives
(a) develop a practical "Role Delineation Model" applicable locally, for the (a) develop a practical "Role Delineation Model" applicable locally, for the assessment of medical service levels within each public hospital;
(b) use the agreed "Role Delineation Model" to evaluate and identify the role, level (b) use the agreed "Role Delineation Model" to evaluate and identify the role, level and complexity of medical services delivered in existing public hospitals and their possible future potential, as well as the systematic indentification of the current distribution of hospital resources;
(c) provide the HA with a situational analysis of the current service patterns and (c) provide the HA with a situational analysis of the current service patterns and resources usage and identify gaps and duplications within the hospital system; and
(d) report on the Hospital Authority's physical asset base and recommend on the f (d) report on the Hospital Authority's physical asset base and recommend on the future capacity for expansion and change at each hospital site.
Consultancy on Medical Record Management System
Objective
To provide technical support to the Working Group on Medical Record Management To provide technical support to the Working Group on Medical Record Management System, which is set up to advise the Hospital Authority on the opportunities and strategies to improve on the Medical Record Management System in HA hospitals.
Annex B
Interim Tendering Procedures in relation to Services
Purpose
This circular sets out the procedures in relation to tendering for services required by the Authority the value of which exceeds $200,000 per tender, which have been approved by the Executive Committee on 7 May 1991. These procedures shall be applicable up to the date when the management responsibilities of the public hospitals are transferred to the HA, about October 1991.
Basic Procedures
If a service is considered necessary by an executive and the value of such service is over $200,000, he should initiate a request for tendering. Such request should be made to the Executive Committee via the Director of Operations, who is the vote controller of all non-payroll expenses, and a paper should be drafted for the
consideration of the Executive Committee with the following information: (a) Type of tender, whether it is to be: (a) Type of tender, whether it is to be:
(i) Public -- notifications to be published in newspapers (i) Public -- notifications to be published in newspapers
(ii) Restricted -- a number of firms to be shortlisted which is to be no f (ii) Restricted -- a number of firms to be shortlisted which is to be no fewer than two
(iii) Sing (iii) Single -- only one firm le -- only one firm
Justifications should be made if the type of tender recommended is not to be public (Type (i)).
(b) Whether prequalification is necessary; this is usually applicable to high (b) Whether prequalification is necessary; this is usually applicable to high value projects and services either of a very complicated nature or of unusual nature for existing list of suppliers.
(c) Brief for tenderer, which should usually include the following information: (c) Brief for tenderer, which should usually include the following information: (i) Purpose of the tender, (i) Purpose of the tender,
(ii) Background information about the Authority, (ii) Background information about the Authority,
(iii) Description of service requi (iii) Description of service requi Description of service required and the objectives to be achieved, red and the objectives to be achieved, (iv) Period of the service required, (iv) Period of the service required,
(v) List of deliverables and time schedule related thereto, (v) List of deliverables and time schedule related thereto,
(vi) Name of contact person in the Authority, (vi) Name of contact person in the Authority,
(vii) Terms of offer requested -- the most important terms include (vii) Terms of offer requested -- the most important terms include Terms of offer requested -- the most important terms include quotation quotation of fees and charges and terms of payment,
(viii) Requirements of the written proposal -- to ask the tenderer to give, for (viii) Requirements of the written proposal -- to ask the tenderer to give, for example, descriptions of the tenderer's understanding of the objectives, the methodologies and approach to the assignment, the assignment team, and so on,
(ix) Disclaimer -- we should state that the invitation is without commitment (ix) Disclaimer -- we should state that the invitation is without commitment on the part of the Authority and there is no obligation to accept the lowest or any offer, and no warranty is given by the Authority regarding the accuracy or completeness of the information in the Brief.
(x) Any other information depending on the nature and type of tender. (x) Any other information depending on the nature and type of tender.
(d) Proposed composition of assessment panel (d) Proposed composition of assessment panel
The panel should be formed by experts in the relevant fields of the subject matter and consist of at least three members including the initiating executive, and a secretary. A chairman is to be nominated among the three members.
(e) Time schedule relating to the appointment of the firm -- the milestones up (e) Time schedule relating to the appointment of the firm -- the milestones up to the date of signing the service agreement.
(f) Rough estimate of the total costs of the service. (f) Rough estimate of the total costs of the service.
(g) Depending on the estimated cost, an indication as to which tender board s (g) Depending on the estimated cost, an indication as to which tender board should review the tender assessment.
(h) In the case of restricted tenders, a proposed lis (h) In the case of restricted tenders, a proposed lis In the case of restricted tenders, a proposed list of tenderers. t of tenderers.
After the tender proposal has been approved by the Executive Committee, the initiating executive should send out the tender documents or arrange for advertisements, and arrange for the receipt of the written proposals from the tenderers, at the stipulated time. The tenderers' proposals should usually be delivered into the tender box at the Head Office. The Supplies Unit is responsible for arranging a team consisting of at least two staff members to open the tenders and initial all tenders received. Thereafter the tenders will be sent to the initiating executive for arrangement of assessment.
Prequalification Process
If prequalification is required, the initiating executive should assess the firms to come up with a number of shortlisted firms, for the approval of next Executive Committee meeting.
Selection Process
(a) If the project is complicated or the number of tenderers is large, the (a) If the project is complicated or the number of tenderers is large, the selection process may be divided into two parts, at the discretion of the assessment panel. The first part is for screening the proposals by the initiating executive, and at least one selection panel members. As a result of the first screening, a number of firms should be shortlisted (not less than two). At the assessment panel meeting, the reasons for shortlisting the firms and rejecting the others and the assessment criteria should be explained by the initiating executive.
(b) The assessment panel may decide whether there is necessity for interviews (b) The assessment panel may decide whether there is necessity for interviews or presentations and it may select a firm on the basis of the written proposals adopting the same assessment criteria used for the first screening or some other criteria. In case there are presentations or interviews, the assessment panel should determine the criteria for assessing the shortlisted firms and use these to select the firm after the presentations have been made or interviews have been conducted.
(c) After a decision has been taken by the panel, a report should be prepared (c) After a decision has been taken by the panel, a report should be prepared by the secretary of the assessment panel addressed to the appropriate tender board (which depends on the total amount involved in the contract, that is $200,000 to $2 million to HA Subsidiary Tender Board and if above $2 million to HA Tender Board) setting out the recommendations, the basis for these recommendations and a brief description of the procedures adopted throughout the whole selection process.
Functions of the Tender Boards
The functions of the HA Tender Board and HA Subsidiary Tender Board are to: (a) review and assess the recommendations made by the a (a) review and assess the recommendations made by the a review and assess the recommendations made by the assessment panel. ssessment panel.
(b) review the procedures and criteria adopted by the assessment panel in the (b) review the procedures and criteria adopted by the assessment panel in the course of its selection.
(c) after satisfying itself that (a) and (b) are in order, approve the selection (c) after satisfying itself that (a) and (b) are in order, approve the selection made by the assessment panel and such approval should be final.
All the tender board members shall have the right to be in attendance at any assessment panel meetings or discussion forum to observe the selection processes.
Conflict of Interest
Any person having a personal interest in a contract or project should not be Any person having a personal interest in a contract or project should not be involved in any screening, selection, or approval process.
Secondary students living in Sheung Shui, Fanling and Tai Po
13. REV FUNG CHI-WOOD asked: Will the Government inform this Council: 13. REV FUNG CHI-WOOD asked: Will the Government inform this Council:
(a) how many students living in each of t (a) how many students living in each of t how many students living in each of the following districts: Sheung Shui, he following districts: Sheung Shui, Fanling and Tai Po have to attend secondary schools in other districts in 1991-92; how many of those living in Sheung Shui and Fanling have to attend school in Tai Po;
(b) whether there would be any improvement to the (b) whether there would be any improvement to the whether there would be any improvement to the above situation in 1992-93; above situation in 1992-93; and
(c) whether the Administration has any plan to prevent students having to attend (c) whether the Administration has any plan to prevent students having to attend secondary schools outside their districts?
SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, the answers to the Rev FUNG's questions are as follows:
(a) The figures requested are set out in the following table which shows the (a) The figures requested are set out in the following table which shows the Secondary I allocation statistics for the 1991-92 school year under the 1991 allocation exercise:
- - - - - -
Students Attending Students Attending
living in school living in school in No.
North 2 220 North 2 220
North
Tai Po 595 Tai Po 595
Tai Po 3 372 Tai Po 3 372
Tai Po North Tai Po North 97
153
Sha Tin 56 Sha Tin 56
- - - - - -
It should be noted that for the purposes of the Secondary Schools Places Allocation, Sheung Shui and Fanling are combined together into the North District School Net. No separate figures are available.
(b) There will be an overall improvement to the present situation in the 1992-93 (b) There will be an overall improvement to the present situation in the 1992-93 school year, when more children living in North and Tai Po Districts will find secondary school places in their own districts. The details are as follows:
- - - - - -
Students Attending Students Attending
living in school in living in school in school in No. Remarks Remarks
2 540 320 new S1 places 2 540 320 new S1 places
North to be provided in North to be provided in
temporary premises
North pending completion North pending completion
of new government
school in Area 47
Tai Po 598 Tai Po 598 Fanling in Fanling in
December 1992.
54 new S1 places
Tai Po 3 426 Tai Po 3 426 to be provided in to be provided in
temporary premises
Tai Po pending completion Tai Po pending completion
North 98 North 98 of a new s of a new s of a new school in chool in
748 Area 6 Tai Po in 748 Area 6 Tai Po in
Sha Tin 650 Sha Tin 650 December 1992. December 1992.
- - - - - -
(c) It is government policy to allocate Secondary I school places on a (c) It is government policy to allocate Secondary I school places on a territory-wide rather than on a district basis. However, in actual practice, efforts are made to avoid cross-net allocations as far as possible. The completion of the following three secondary school projects will improve further the prospects of the students of North and Tai Po Districts being allocated to schools in their own districts in the school year 1993-94:
Expected date
District Location District Location Location of completion of completion
Tai Po Area 6 Tai Po Area 6 July 1993* July 1993*
North Area 40 Fanling North Area 40 Fanling Area 40 Fanling July 1993 July 1993
North Area 20 Fanling North Area 20 Fanling Area 20 Fanling July 1993 July 1993
(*Note This school is different from the one referred to in the table in sub- (*Note This school is different from the one referred to in the table in sub paragraph (b) above.)
Sea sand dredging
14. REV FUNG CHI-WOOD asked: Will the Administration inform this Council: 14. REV FUNG CHI-WOOD asked: Will the Administration inform this Council:
(a) at which locations the Government projects of dredging for sea sand are t (a) at which locations the Government projects of dredging for sea sand are taking place now or will take place in the near future; whether any assessments have been made on the environmental impact of such projects; what the findings of the assessments are; and
(b) in the case of the dredging activities at the Ninepins, whether the dredging (b) in the case of the dredging activities at the Ninepins, whether the dredging project would affect the means of livelihood of those fishermen operating in the area; and whether the Administration would provide compensation to the fishermen concerned if their catch has thus been seriously affected?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Deputy President, dredging for marine fill (or sea sand) is taking place at the following locations -- south of Tsing Yi, the Tathong Channel, east of Tung Lung Chau (the Ninepins), west of Soko Islands
and north of Lantau. In the foreseeable future dredging is likely at outer Deep Bay, Urmston Road, the Brothers, east of Sha Chau, east and west of Po Toi and East Lamma Channel. (The Administration briefed the OMELCO Panel on Environmental Affairs on these projects on 21 November 1991.)
Preliminary environmental assessments are carried out as part of the feasibility Preliminary environmental assessments are carried out as part of the feasibility studies for identifying such sites. The findings are considered by the Fill Management Committee (FMC) which is chaired by the Director of Civil Engineering. FMC selects sites where sand can be recovered economically and where the environmental impact will be acceptable. It found that, with the exception of East Lamma Channel and South Tathong -- where because the environmental impact of dredging may be significant further environmental impact assessments are being carried out -- the environmental impact of dredging at the locations listed should be limited provided the contractor exercises proper control over the work.
In the case of the Ninepins, environmental monitoring reveals that dredging causes some turbidity but that this is transient in nature. The Administration is aware that there are fishermen who claim these dredging operations affect their livelihood. Their claims will be investigated. Meetings with the fishermen's representatives have been arranged to hear their views and seek information on their claims. Claims which can be substantiated will be considered expeditiously.
Hong Kong residents detained or jailed in China
15. DR CONRAD LAM asked: With regard to the case of Hong Kong resident LAU San- 15. DR CONRAD LAM asked: With regard to the case of Hong Kong resident LAU San-ching who has served 10 years from 1981 to 1992 in Mainland China as a prisoner of conscience, will the Government inform this Council:
(a) how many Hong Kong residents are still being detained or jailed by the Ch (a) how many Hong Kong residents are still being detained or jailed by the Chinese Government;
(b) what attempts have been made by th (b) what attempts have been made by th what attempts have been made by the Government to show its concern or to r e Government to show its concern or to render assistance to these Hong Kong residents who are still being held in custody in China; and
(c) what efforts were made by the Government to secure the relief of Mr LAU d (c) what efforts were made by the Government to secure the relief of Mr LAU during these 10 years?
SECRETARY FOR SECURITY: Mr Deputy President, we are aware of some cases of Hong Kong residents having been detained or jailed in China, but we have no way of knowing for certain how many Hong Kong residents are still detained.
Where we have grounds for doing so we make appropriate representations to the Where we have grounds for doing so we make appropriate representations to the Chinese authorities. As far as we are aware, all Hong Kong residents detained in China for political offences related to the events of June 1989 have now been released. In each of their cases, the Hong Kong and British Governments made repeated
representations to the Chinese authorities. We will continue to take up deserving cases in future.
Following LAU San-ching's detention in China in December 1981, the British and Hong Kong Governments raised his case with the Chinese authorities on many occasions, both in Hong Kong and Peking. His case was taken up by both the Secretary of State and the Prime Minister during their visits to China in April and September 1991. Mr LAU was finally released at the end of his sentence in December 1991.
Freezing of assets held in local branches of foreign banks
16. DR HUANG CHEN-YA asked: Will the Government inform this Council: 16. DR HUANG CHEN-YA asked: Will the Government inform this Council:
(a) whether, under the existing law in Hong Kong the government of a foreign (a) whether, under the existing law in Hong Kong the government of a foreign country is able to secure injunctions requiring banks of that country in the territory to freeze the accounts of local depositors opened at these banks; and
(b) what mechanism is in place to enable the Administration to prevent the (b) what mechanism is in place to enable the Administration to prevent the occurrence of such incidents so as to protect the interest of local depositors?
SECRETARY FOR MONETARY AFFAIRS: Mr Deputy President,
(a) Generally, a deposit held with a Hong Kong branch of a foreign bank will be (a) Generally, a deposit held with a Hong Kong branch of a foreign bank will be governed by Hong Kong law. If this is the case, such payment obligations can only
be set aside under Hong Kong law. Notwithstanding this, a foreign government may, on occasions, by means of injunctions in its own courts or by its own administrative action, attempt to freeze assets held in the Hong Kong branch of a bank which is within its territory and subject to the jurisdiction of its courts.
(b) Should such cases arise, a customer would have access to the Hong Kong co (b) Should such cases arise, a customer would have access to the Hong Kong courts to enforce his contractual rights. Furthermore, the Administration takes an active interest in attempts by foreign governments to impose their administrative acts or judicial orders extraterritorially in Hong Kong. The Administration is of the view that international comity requires that the legal system and judicial process of other jurisdictions be respected. Clearly such matters are highly sensitive in nature and there can be no hard and fast rules as to how these should be handled. Frequently diplomatic exchanges are required to resolve such matters amicably.
Sometimes the Hong Kong Government may need to seek representation in foreign court proceedings to express its interest. In cases where Hong Kong's trading interests are adversely affected, the Governor may also, as a last resort, consider frustrating such attempts under the Protection of Trading Interest Act 1980 (Hong Kong) Order 1990. In this connection, the Hong Kong Association of Banks has been asked to remind its members that any extraterritoriality cases should be brought to the notice of the Government as soon as possible.
Voters registration campaign
17. DR LEONG CHE-HUNG asked: In the light of the recent voter registration campaign 17. DR LEONG CHE-HUNG asked: In the light of the recent voter registration campaign launched by the Government, will the Administration inform this Council:
(a) of the demographic changes of voters on the general roll in the past two yea (a) of the demographic changes of voters on the general roll in the past two yea of the demographic changes of voters on the general roll in the past two years;
(b) of the number of registrations which have been found invalid because of a (b) of the number of registrations which have been found invalid because of a failure in updating their changes of address during that period and what plans are being considered to remedy these invalid records;
(c) whether any action has been taken (c) whether any action has been taken whether any action has been taken in the recent voter registration campaign in the recent voter registration campaign to encourage voters to report to the Registration and Electoral Office changes of address; if not, what the reasons for not taking such action are;
(d) in view of more people changing their homes as a result of (d) in view of more people changing their homes as a result of in view of more people changing their homes as a result of the current property
boom, what incentives the Government would consider to encourage voters in reporting their changed addresses;
(e) of the amount of money it has spent on voter registration campaigns (with (e) of the amount of money it has spent on voter registration campaigns (with annual breakdowns) since the District Administration Scheme came into force in the early 1980s; and
(f) whether consideration would be given to automatically registering all Hong (f) whether consideration would be given to automatically registering all Hong Kong people holding a permanent ID card as voters to save the trouble of, and expenditure in, conducting regular voter registration campaigns?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President,
Demographic changes of voters
An analysis of the 1991 Final Register and the 1992 Provisional Register published on 19 June shows that during 1990-1992 there is a continuous trend in the movement of registered electors from the urban area to the New Territories, in particular to the new towns in Sai Kung, Sha Tin, Tuen Mun and Tai Po. There is also some thinning out of electors in such urban districts as Wong Tai Sin and Kwun Tong where major public housing redevelopment projects are taking place. Similar signs are also
emerging in the older towns in the New Territories like Yuen Long and Kwai Tsing. A summary of these changes are at Appendices I and II. The age and sex breakdowns of the 1.9 million electors in the 1991 Final Register is at Appendix III. The figures for 1992 will not be available until after the publication of the Final Register at the end of this month. The spread of the voters among age groups and between sexes in 1991 is largely consistent with the previous year's pattern.
Keeping track of registered electors
It is difficult to put a figure on the number of electors whose residential addresses may not be up-to-date. As an illustration, 98 935 poll cards were returned undelivered during the 1991 elections. These were followed up vigorously through telephone contacts and matching with Housing Department records; as a result we managed to update the records of some 44 115 electors. Updating for the remaining 54 820 electors will be included in the planned matching exercise with Registration of Persons Office records in 1993 (see (a) in the paragraph following the next).
The Administration recognizes the importance of keeping the electors' residential addresses accurate. Whilst registered electors have the responsibility to inform the Registration and Electoral Office (REO) of any changes in their residential addresses, not many take the initiative to do so. Active measures are therefore taken by the REO to keep track of those electors who have changed addresses after their registration as electors. These measures include:
(a) Publicity (a) Publicity
Appeals to registered electors to report changes in addresses are made whenever it is opportune, for examples in press releases, during press briefings, or when the Administration answers enquiries or speaks through the electronic media on election/registration related matters.
In addition, the Administration is producing a radio and TV advertisement to remind registered electors that they should report address changes to REO at the earliest opportunity, and that such reports may be made at any time throughout the year.
(b) Matching with government records (b) Matching with government records
Matching of the general electoral roll with Housing Department records is Matching of the general electoral roll with Housing Department records is done regularly to update the whereabouts of electors residing in public housing estates (about 1 million). A total of 170 000 electoral records were updated in such an exercise in 1989-90. Another major matching exercise will be held in 1993 to update changes in the last three years. Periodic matching is also carried out with the Transport Department records on licensed drivers and vehicle owners. Between 1987 and 1991, a total of 131 555 records were updated from this source. Matching exercises are also held with the Death Registry.
In addition, new and improvement measures are being explored. These are:
(a) Matching with Registration of Persons Office records (a) Matching with Registration of Persons Office records
Taking advantage of the recent completion of the identity card renewal Taking advantage of the recent completion of the identity card renewal
exercise, REO plans to conduct in 1993 a comprehensive matching exercise with the records held in the Registration of Persons Office in respect of those electors, estimated to number about 0.95 million, residing in private residential developments. This exercise will not involve electors living in public housing since REO's matching exercise with Housing Department (see (b) in the preceding paragraph) has proved successful.
(b) Appeals (b) Appeals
There is a standing arrangement to include an appeal letter and a voter There is a standing arrangement to include an appeal letter and a voter registration form in the "tenant information folder" distributed to tenants of public housing when they move to their new accommodation. The purpose is to invite registration or report of new addresses. Separately, discussion is being held with the Commissioner of Rating and Valuation to insert a similar appeal letter together with notices of interim valuation which, as a standard practice, are mailed to the occupants/owners of private residential flats soon after occupation permits are issued. When fully implemented, this arrangement would cover all new property developments, public as well as private. Another improvement measure now under consideration with the Post Office is to attach an appeal letter and a report form to every application form for redirection of mail.
Incentive for reporting address changes
The Administration has not considered providing any "incentive" to encourage registered electors to report address changes since it is very much their responsibility to report any such changes. What we have tried to do is to use the various means described above to remind them of their responsibility and to make the report forms easily available.
Expenses on promoting voter registration
It is not possible to give annual expenditure breakdowns on the promotion of v It is not possible to give annual expenditure breakdowns on the promotion of voter registration from 1981 when the District Administration Scheme was first introduced. Some of the older records can no longer be traced. Furthermore, in the early days it was quite common for funds to promote voter registration to be lumped together with those for the promotion of civic education and the District Administration Scheme,
and these were spread under different departments' heads of expenditure.
In more recent years, the provision of funds for voter registration and elect In more recent years, the provision of funds for voter registration and elections has been consolidated. It is therefore possible to identify the expenditure on voter registration during 1989-1992. These are as follows:
1989 1990 1989 1990 1991 1992
$0.63m $5.21m $0.63m $5.21m $l.l0m $0.01m
The levels of expenditure varied from year to year to tie in with the election cycle. Generally, more resources were spent during an election year and the year preceding it.
Automatic registration
The Administration is exploring the feasibility of introducing automatic voter The Administration is exploring the feasibility of introducing automatic voter registration. There are however a number of technical limitations which must first be overcome if the proposal is to be pursued. First, not all records kept by the Registration of Persons Office are computerized. Addresses and some other
particulars are separately stored in microfilm and it would be a major exercise to manually extract such details to identify the estimated 1.7 million eligible residents not yet on the electoral roll. Furthermore, the records would not establish whether a person is qualified or disqualified to register as an elector. It is also likely that some of the addresses would not be up-to-date, given the high mobility of the population within Hong Kong and the general reluctance on the part of the public to report changes of address even though they are legally obliged to do so. Indeed, even if they were correct at the time of registration, a system will have to be devised to constantly update them because of the population's high mobility. Finally, we will need to carefully assess the financial implications of the proposal and its cost-effectiveness.
Appendix I
Changes in the Size of the General Electoral Roll
1991 Final Register as compared with 1990 Final Register
Gain/Loss in No. of Electors Gain/Loss in No. of Electors
No. of Electors No. of Electors inter-district inter-district inter-district in the 1991 in the 1991 in the 1991 Net
in the 1990 No. of in the 1990 No. of No. of movement of movement of movement of Final Increase/ Increase/
District Final Register District Final Register Final Register Deletions Deletions Deletions Additions Additions Additions electors electors electors Register Register Decrease
A Islands A Islands Islands 23 342 112 826 170 24 226 884 4%
B North B North 55 369 155 905 128 56 247 878 2%
C Sai Kung 34 972 76 2 669 2 548 40 113 5 141 15% D Sha Tin D Sha Tin Sha Tin 151 359 151 359 151 359 314 5 896 560 157 501 157 501 157 501 6 142 4%
E Tai Po E Tai Po 62 399 158 2 193 1 308 65 742 3 343 5% F Tsuen Wan F Tsuen Wan Tsuen Wan 81 524 316 2 653 105 83 966 2 442 3% G Tuen Mun G Tuen Mun Tuen Mun 115 953 115 953 115 953 261 5 567 1 666 122 925 122 925 122 925 6 972 6% H Yuen Long H Yuen Long Yuen Long 70 138 186 5 877 63 75 892 5 754 8% J Kwai Tsing J Kwai Tsing Kwai Tsing 136 095 136 095 136 095 719 5 152 -675 139 853 139 853 139 853 3 758 3%
Regional Council 731 151 Regional Council 731 151 731 151 2 297 31 738 5 873 766 465 766 465 766 465 35 314 5% Area Sub-total
Gain/Loss in No. of Electors Gain/Loss in No. of Electors
No. of Electors inter-district No. of Electors inter-district inter-district in the 1991 in the 1991 in the 1991 Net
in the 1990 in the 1990 n the 1990 No. of No. of movement of movement of movement of Final Increase/ Increase/
District Final Register District Final Register Final Register Deletions Deletions Deletions Additions Additions Additions electors electors electors Register Register Decrease
M Central & Western M Central & Western Central & Western 75 333 321 2 577 -24 77 565 2 232 3% N Wan Chai N Wan Chai Wan Chai 59 302 189 1 491 -254 60 350 1 048 2% P Eastern P Eastern Eastern 193 606 193 606 193 606 593 7 534 676 201 223 201 223 201 223 7 617 4%
Q Southern Q Southern Southern 90 995 368 3 231 -371 93 487 2 492 3% R Kowloon City R Kowloon City Kowloon City 124 043 124 043 124 043 431 3 349 -498 126 463 126 463 126 463 2 420 2% S Kwun Tong S Kwun Tong Kwun Tong 213 013 213 013 213 013 1 546 8 518 -2 868 217 117 217 117 217 117 4 104 2% T Mong Kok T Mong Kok Mong Kok 48 702 211 1 118 -461 49 148 446 1% U Sham Shui Po U Sham Shui Po Sham Shui Po 123 064 123 064 123 064 365 4 510 -638 126 571 126 571 126 571 3 507 3% V Wong Tai Sin V Wong Tai Sin Wong Tai Sin 158 520 158 520 158 520 2 031 5 359 -938 160 910 160 910 160 910 2 390 2% W Yau Tsim W Yau Tsim Yau Tsim 37 714 306 715 -497 37 626 -88 0%
Urban Council 1 124 292 Urban Council 1 124 292 1 124 292 6 361 38 402 -5 873 1 150 460 1 150 460 1 150 460 26 168 2% Area Sub-total
Total 1 855 443 Total 1 855 443 1 855 443 8 658 70 140 0 1 916 925 1 916 925 1 916 925 61 482 3%
Appendix II
Changes in the Size of the General Electoral Roll
1992 Provisional Register as compared with 1991 Final Register
Gain/Loss in No. of Electors Gain/Loss in No. of Electors
No. of Electors inter-district No. of Electors inter-district inter-district in the 1992 in the 1992 in the 1992 Net
in the 1991 No. of in the 1991 No. of No. of movement of ovement of ovement of Provisional Provisional Provisional Increase/ Increase/ District Final Register District Final Register Final Register Deletions Deletions Deletions Additions Additions Additions electors electors electors Register Register Decrease
A Islands A Islands Islands 24 226 283 65 -55 23 953 -273 -1%
B North B North 56 247 454 369 472 56 634 387 1%
C Sai Kung C Sai Kung Sai Kung 40 113 257 426 1 632 41 914 1 801 4% D Sha Tin D Sha Tin Sha Tin 157 501 157 501 157 501 809 1 348 1 447 159 487 159 487 159 487 1 986 1% E Tai Po E Tai Po 65 742 390 385 1 798 67 535 1 793 3%
F Tsuen Wan F Tsuen Wan Tsuen Wan 83 966 463 683 -64 84 122 156 0%
G Tuen Mun G Tuen Mun Tuen Mun 122 925 122 925 122 925 604 804 1 298 124 423 124 423 124 423 1 498 1% H Yuen Long H Yuen Long Yuen Long 75 892 602 666 -142 75 814 -78 0%
J Kwai Tsing J Kwai Tsing Kwai Tsing 139 853 139 853 139 853 991 1 023 -42 139 843 139 843 139 843 -10 0%
Regional Council 766 465 Regional Council 766 465 766 465 4 853 5 769 6 344 773 725 773 725 773 725 7 260 1% Area Sub-total
M Central & Western M Central & Western Central & Western 77 565 488 682 -190 77 569 4 0% N Wan Chai N Wan Chai Wan Chai 60 350 495 486 -246 60 095 -255 0% P Eastern P Eastern Eastern 201 223 201 223 201 223 1 279 1 381 136 201 461 201 461 201 461 238 0%
Q Southern Q Southern Southern 93 487 701 653 -259 93 180 -307 0% R Kowloon City R Kowloon City Kowloon City 126 463 126 463 126 463 806 809 -653 125 813 125 813 125 813 -650 -1% S Kwun Tong S Kwun Tong Kwun Tong 217 117 217 117 217 117 1 717 978 -2 058 214 320 214 320 214 320 -2 797 -1% T Mong Kok T Mong Kok Mong Kok 49 148 380 266 -589 48 445 -703 -1% U Sham Shui Po U Sham Shui Po Sham Shui Po 126 571 126 571 126 571 1 113 534 -815 125 177 125 177 125 177 -1 394 -1% V Wong Tai Si V Wong Tai Si Wong Tai Sin 160 910 160 910 160 910 1 521 692 -1 160 158 921 158 921 158 921 -1 989 -1% W Yau Tsim W Yau Tsim Yau Tsim 37 626 349 245 -510 37 012 -614 -2%
Urban Council 1 150 460 Urban Council 1 150 460 1 150 460 8 849 6 726 -6 344 1 141 993 1 141 993 1 141 993 -8 467 -1%
Area Sub-total
Total 1 916 925 Total 1 916 925 1 916 925 13 702 12 495 0 1 915 718 1 915 718 1 915 718 -1 207 0% Appendix III
Special levy on securities transactions
18. MR CHIM PUI-CHUNG asked: In connection with the existing special levy on 18. MR CHIM PUI-CHUNG asked: In connection with the existing special levy on securities transactions which is imposed to repay the HK$2 billion loan provided by the Government and relevant institutions to rescue the Hong Kong Futures Exchange (HKFE) after the 1987 stock market crash, will the Government inform this Council:
(a) when the special levy is expected to be withdrawn; (a) when the special levy is expected to be withdrawn;
(b) whether it will consider taking measures to imp (b) whether it will consider taking measures to imp whether it will consider taking measures to improve the operation of the H rove the operation of the HKFE, for example, to conduct a review on the trading of sugar, soyabean and cotton futures which are at present thin and insignificant, to stimulate transactions of other futures commodities and to enhance the HKFE's international status so as to improve the HKFE's ability to repay its debt due to the Government and relevant institutions?
SECRETARY FOR MONETARY AFFAIRS: Mr Deputy President,
(a) Steps will be taken to withdraw the special levy when principal and interest (a) Steps will be taken to withdraw the special levy when principal and interest on the outstanding revolving credit facilities extended by the Government and major brokers and shareholders of the Hong Kong Futures Guarantee Corporation Ltd (the Lifeboat) are repaid. At the current rate of repayment, it is estimated that
repayment may be completed in the course of 1994.
(b) Any measures which may be required to improve the operation of the HKFE are (b) Any measures which may be required to improve the operation of the HKFE are essentially a matter for that exchange to consider though the Securities and Futures Commission would be prepared to offer assistance and guidance should this be required. It should be noted, however, that a number of important steps have already been taken to improve the operation of HKFE. In 1989, HKFE reorganized its clearing operations in line with the recommendations of the Securities Review Committee. This included the formation of a wholly owned clearing house (HKFE Clearing Corporation Ltd) and introduction of a new risk management system, including a Reserve Fund of $200
million.
HKFE is currently developing new products, including an option on the Hang Seng Index. This strategy is designed to enhance the market's international attraction by broadening the range of contracts available and enhance turnover. If it proves successful it may generate additional revenue towards repayment of the Lifeboat. It should be noted, however, that the Lifeboat facilities are debt of the Hong Kong Futures Guarantee Corporation.
It must be for HKFE in consultation with the SFC to decide whether or not to cease trading in any of its existing contracts in the light of all the circumstances. The soybean futures contract was in fact discontinued in March 1992 due to a lack of participation and trading interest. Cotton futures contracts were discontinued in the early 1980s.
Amusement games centres
19. MR ALBERT CHAN asked: Will the Government inform this Council: 19. MR ALBERT CHAN asked: Will the Government inform this Council:
(a) how many licences of video game centres have been issued; how many of these (a) how many licences of video game centres have been issued; how many of these centres are located in non-commercial premises; and
(b) whether it is intended to amend the relevant legisla (b) whether it is intended to amend the relevant legisla whether it is intended to amend the relevant legislation so as to strengthen tion so as to strengthen the monitoring of video game centres; if so, what progress has been made in this respect?
SECRETARY FOR HOME AFFAIRS: Mr Deputy President, amusement games centres are currently licensed in accordance with provisions in the Miscellaneous Licences Ordinance. As at 30 June 1992, there are 646 licensed centres, approximately 600 of these are located in non-commercial buildings.
Since 1988, when the Miscellaneous Licences Ordinance was last amended to introduce the current licensing system for amusement games centre, there has been rapid development in the trade. New types of machine and new technology has been developed which has resulted in a need for the licensing regime to be updated.
A dedicated Amusement Games Centre Bill has been drafted and will be introduced A dedicated Amusement Games Centre Bill has been drafted and will be introduced to the Legislative Council later this year. This Bill is designed to establish a new and stricter licensing scheme to control the operation of amusement games centres. To support this, approval has already been granted for the creation of a licensing team within the Television and Entertainment Licensing Authority. The new team will be responsible for monitoring the performance of licensees as well as handling all licence applications.
Bill of Rights Ordinance's bearing on the Public Order and Summary Offences Ordinances 20. DR CONRAD LAM asked: Will the Government inform this Council: 20. DR CONRAD LAM asked: Will the Government inform this Council:
(a) whether there are any existing provisions in the Public Order Ordinance and (a) whether there are any existing provisions in the Public Order Ordinance and the Summary Offences Ordinance which are in conflict with the Bill of Rights; whether this Council can be provided with a detailed breakdown on each of the provisions in question together with information about the kinds of human rights that have been denied, the remedies recommended and the time required to give effect to each of these remedial measures; and
(b) whether the cordoning off of the area outside the entrance to the Hong Kong (b) whether the cordoning off of the area outside the entrance to the Hong Kong Branch Office of the NCNA deprives the public of the right of public assembly in the area under Article 17 of the BOR Ordinance?
SECRETARY FOR SECURITY: Mr Deputy President, whether a particular provision in a law contravenes the Bill of Rights (BOR) Ordinance is ultimately a matter for the courts to determine. Both the Public Order Ordinance and the Summary Offences Ordinance
are under review by the Administration. The provisions of the Bill of Rights Ordinance will be taken into account in that review. We have not yet come to any conclusions.
I am advised that the temporary cordoning-off of an area outside the NCNA is not I am advised that the temporary cordoning-off of an area outside the NCNA is not in conflict with Article 17 of the Bill of Rights Ordinance. In recognizing the right of peaceful assembly, Article 17 permits restrictions on the exercise of that right which are imposed in conformity with the law and which are necessary in the interests of, among other things, public safety, public order and the protection of the rights of others. Under section 10 of the Police Force Ordinance, the police have a duty to take lawful measures to preserve order in public places, at public meetings and assemblies. Fulfilment of this duty may need to include the temporary cordoning-off of an area, depending on the circumstances at the time.
Motions
OFFICIAL LANGUAGES ORDINANCE
THE ATTORNEY GENERAL moved the following motion:
"That the draft Official Languages (Authentic Chinese Text) (Official Languages Ordinance) Order, proposed to be made by the Governor in Council, be approved."
He said: Mr Deputy President, I move the resolution standing in my name on the Order Paper.
The authentic Chinese text of the Official Languages Ordinance has been caref The authentic Chinese text of the Official Languages Ordinance has been carefully examined by the Bilingual Laws Advisory Committee and the Legislative Council Ad Hoc Group and has their support. In accordance with subsection 4B(4) of the Official Languages Ordinance, I now move that the draft Official Languages (Authentic Chinese Text) (Official Languages Ordinance) Order, proposed to be made by the Governor in Council, be approved.
Question on the motion proposed, put and agreed to.
BANKRUPTCY ORDINANCE
THE SECRETARY FOR MONETARY AFFAIRS moved the following motion:
"That the Proof of Debts (Amendment) Rule 1992, made by the Chief Justice on 10 June 1992, be approved."
He said: Mr Deputy President, I move the first motion standing in my name in the Order Paper.
Section 36 of the Bankruptcy Ordinance empowers the Chief Justice, with the Section 36 of the Bankruptcy Ordinance empowers the Chief Justice, with the approval of this Council, to make rules providing for the mode of proving debts, the right of proof by secured and other creditors, the admission and rejection of proofs, and other matters.
The Proof of Debts (Amendment) Rule 1992 removes the requirement for all proof of debts to be sworn. This will simplify procedures for the public and be more cost-effective for staff of the trustee to administer. It is also in line with the practice in the United Kingdom, Australia and other comparable jurisdictions.
The proposed Rule enables a creditor to establish his claim by filing a proof of debt in the prescribed form and paying the prescribed fee. The proof of debt need not be sworn but the creditor has to declare as to the truth of the particulars thereof, and has to submit the originals or copies of documents by reference to which his debt can be substantiated. The Official Receiver or the trustee may call for any other documents as may be necessary. They are also given the discretion to require a
creditor to verify his claim by affidavit in appropriate cases.
A secured creditor is required to state his status as such, or he will surrender his security to the Official Receiver or the trustee for the general benefit of creditors.
The Acting Chief Justice made the above Rule under sections 36 of the Bankruptcy Ordinance on 10 June 1992.
Mr Deputy President, I beg to move.
MR PETER WONG: Mr Deputy President, I wish to comment on the resolution under sections
36 and 113 of the Bankruptcy Ordinance as well as that under section 296 of the Companies Ordinance.
The paperwork requiring affidavits referred to by the Secretary for Monetary Affairs is generally prepared and filed by accountants doing insolvency and liquidation work. As their representative, I am happy to say that the new procedure is generally welcomed as it simplifies a cumbersome piece of red tape which serves little purpose. However, we still question whether it is really necessary to verify other documents such as liquidator's accounts by affidavit. It is to be noted that even published accounts of public companies or banks do not need such verification. It is particularly troublesome now that District Offices or the new Official Receiver's office can no longer be used to witness such signatures due to staff shortages, necessitating long journeys in some cases and fees of $250 to $400 to make declarations before a notary public or solicitor. I urge that the Administration review this requirement for affidavits generally.
SECRETARY FOR MONETARY AFFAIRS: Mr Deputy President, I take note of the comments of Mr Peter WONG and can assure him that they will be carefully considered.
Question on the motion proposed, put and agreed to.
BANKRUPTCY ORDINANCE
THE SECRETARY FOR MONETARY AFFAIRS moved the following motion:
"That the Bankruptcy (Amendment) Rules 1992 and the Bankruptcy (Forms) (Amendment) Rule 1992, made by the Chief Justice on 10 June 1992, be approved."
He said: Mr Deputy President, I move the second motion standing in my name in the Order Paper.
Section 113 of the Bankruptcy Ordinance provides that the Chief Justice may, with the approval of this Council, make rules providing for the carrying into effect of the objects of the Ordinance.
The Bankruptcy (Amendment) Rules 1992 introduce similar provisions to those
contained in the Proof of Debts (Amendment) Rule 1992 which this Council has just approved. The Rules seek to obviate the requirement for sworn proofs, while retaining the flexibility to require them when necessary.
In accordance with the new procedures, the Bankruptcy (Forms) (Amendment) Rule 1992 introduces two new forms for use by creditors to establish their claims in bankruptcy proceedings and repeals the existing proof of debt form.
The Acting Chief Justice made the above rules under section 113 of the Bankruptcy Ordinance on 10 June 1992.
Mr Deputy President, I beg to move.
Question on the motion proposed, put and agreed to.
COMPANIES ORDINANCE
THE SECRETARY FOR MONETARY AFFAIRS moved the following motion:
"That the Companies (Winding-up) (Amendment) Rules 1992, made by the Chief Justice on 10 June 1992, be approved."
He said: Mr Deputy President, I move the third motion standing in my name in the Order Paper.
Section 296 of the Companies Ordinance empowers the Chief Justice, with the approval of this Council, to make general rules for carrying into effect the objects of the Ordinance in so far as relates to the winding-up of companies.
The provisions of the Companies (Winding-up) (Amendment) Rules 1992 are almost identical to those in the Proof of Debts (Amendment) Rule 1992 made under the Bankruptcy Ordinance. As I have already explained in my speech on that Rule, the main purpose is to remove the general requirement for proof of debts to be sworn, except in appropriate cases where the Official Receiver or the liquidator may require the creditor concerned to verify his claim by affidavit.
These Rules also prescribe two new forms for use by creditors to establish their These Rules also prescribe two new forms for use by creditors to establish their claims in winding up proceedings and repeal the existing proof of debt form.
The Acting Chief Justice made the Companies (Winding-up) (Amendment) Rules 1992 under section 296 of the Companies Ordinance on 10 June 1992.
Mr Deputy President, I beg to move.
Question on the motion proposed, put and agreed to.
Second Reading of Bills
ADMINISTRATION OF JUSTICE (MISCELLANEOUS AMENDMENTS) BILL 1992 Resumption of debate on Second Reading which was moved on 6 May 1992 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
INTELLECTUAL PROPERTY DEPARTMENT (CONSEQUENTIAL AMENDMENTS) BILL 1992 Resumption of debate on Second Reading which was moved on 24 June 1992 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1). LEGAL PRACTITIONERS (AMENDMENT) (NO. 2) BILL 1992
Resumption of debate on Second Reading which was moved on 6 May 1992 Question on the Second Reading of the Bill proposed, put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
EMPLOYMENT (AMENDMENT) (NO. 4) BILL 1992
Resumption of debate on Second Reading which was moved on 13 May 1992 Question on Second Reading proposed.
MR TAM YIU-CHUNG (in Cantonese): Mr Deputy President, regarding the Employment (Amendment) (No. 4) Bill 1992, I would like to comment on the repeal of the cross-harbour provision.
The cross-harbour provision has all along drawn criticism from labour bodies because following the developments experienced by our city, the standard the provision set down has become anachronistic. To review the provision should be a good thing. However, it is disappointing to see that the amendment drawn up eventually is simply to delete the provision.
Though the moving of workplace across the harbour as provided under section 31B(2)(b) of the Employment Ordinance is not the only or a sufficient condition to obtain severance pay, nevertheless, it has offered a simple and precise standard for both the employers and the employees. Its only deficiency is that the stipulated standard is not comprehensive enough to cover those circumstances where a move of workplace has resulted in longer distance but not crossing the harbour. However, the present amendment to remedy this deficiency is outright excessive, just like "cutting the toes to avoid siphonworms."
It can be envisaged that when the proposed amendments are passed and implemented, the following three adverse effects would occur:
(1) Workers would lack a clear basis for claim which would otherwise have been (1) Workers would lack a clear basis for claim which would otherwise have been available to them in the form of the standard set down in the provision now proposed to be repealed when they encounter a move of workplace across the harbour. Though they may still lodge a claim for severance pay pursuant to section 31B(2)(c) of the Employment Ordinance, however as the part of this section on the moving of workplace is relatively vague, it may create more disputes between them and their employers. This is particularly significant to workers working on Hong Kong Island because they stand a greater chance of encountering a move of workplace across the harbour. In addition, some unions are also worried that when the Ordinance is amended, the claims for severance pay as a result of a move of workplace would be dealt with on individual merits which would make the issue more complicated.
(2) The repeal of the above provision may mislead the employers and the manag (2) The repeal of the above provision may mislead the employers and the management into thinking that payment of severance pay is not necessary in any move of workplace resulting in unnecessary labour disputes and making it even more difficult for employees to fight for the entitled severance pay.
(3) The Labour Tribunals are already overloaded with work, in particular the (3) The Labour Tribunals are already overloaded with work, in particular the Tribunal on Hong Kong Island. Already it takes more than 80 days to have a case fixed for hearing. The disputes created as a result of the repeal of the above provision would increase the workload of the Labour Tribunals.
Mr Deputy President, in the light of the above possible problems as a result of Mr Deputy President, in the light of the above possible problems as a result of the amendment, the Labour Department should closely monitor the operation of the amended Ordinance upon its implementation in order to take remedial measures at an early date.
Mr Deputy President, in view of the above reasons, I have reservation on the Mr Deputy President, in view of the above reasons, I have reservation on the decision to remove section 31B(2)(b) without alternative standards being provided but I agree with the other proposed amendments.
MR LAU CHIN-SHEK (in Cantonese): Mr Deputy President, about the amendments proposed
by this Bill, I would focus on the severance pay entitlement as a result of a change of workplace.
No doubt, the cross harbour provision in the legislation on severance pay implemented in 1974 has become anachronistic. Following the industrial development in the new towns, the problem the employees encounter is no longer a move of workplace across the harbour but a move to a further place. There is nothing wrong with the Government's amending the Ordinance to delete the cross harbour provision. However
the greatest problem is that nothing is proposed to replace the deletion. The provision is removed without substitution. It may be argued that in future employees can lodge a claim for severance pay on the ground of hardship created by a move of workplace. However "hardship" is hard to define and has to rely on precedent cases. Inevitably, the following unfavourable effects would come up:
(1) Labour disputes would easily arise due to the equivocal definition of (1) Labour disputes would easily arise due to the equivocal definition of "hardship".
(2) The increase in (2) The increase in The increase in the number of labour disputes means also an increase of c the number of labour disputes means also an increase of claims lodged with the Labour Tribunals which are already unable to meet their original objectives of handling claims in an "expeditious, inexpensive and simply" way, resulting in substantially longer time to have a case dealt with. Currently, over one year is needed to have a claim heard and adjudicated on. This is already something unacceptable. The increase in claims would only worsen the situation. It should be noted that in such claims, the case of every claimant involved has to be studied in detail. If a factory has over 200 people, then there would be 200 different cases. It could be imagined how much time the tribunals need to spend.
(3) When the law is unclear, employees would be more (3) When the law is unclear, employees would be more When the law is unclear, employees would be more liable to lose what they liable to lose what they are entitled to, being unsure of their precise rights.
In view of the above circumstances, I suggest that the provision on severance pay must also be amended at the same time when the cross harbour provision is deleted to include an entitlement resulting from a move of workplace to another district. This would enable both the employers and the employees to understand their own rights and obligations. As for the criteria to define a cross district move, a detailed study could be conducted.
Thank you.
SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, may I first of all thank the ad hoc group chaired by Mr Henry TANG for its detailed examination of the Employment (Amendment) (No. 4) Bill 1992 as well as the Employees' Compensation (Amendment) Bill 1992 and the Employees' Compensation (Amendment) (No. 2) Bill 1992. These three Bills, if passed, will plug certain loopholes in the existing legislation, improve and better safeguard the benefit of employees and facilitate enforcement by the Labour Department.
I have listened carefully to the comments made by Mr TAM Yiu-chung and Mr LAU Chin-shek on the Employment (Amendment) (No. 4) Bill 1992. On the question of the circumstances in which a change of workplace would render a dismissed worker eligible for severance pay, there is no disagreement that the cross harbour provision is
anachronistic and should be removed. The Administration has considered very carefully whether any other simple and objective criteria or guidelines could be drawn up but has concluded that it would be quite impossible to do so in a way which would cover all eventualities; even a criterion such as a change of district may actually involve no more than crossing the street from one district to another. We believe that each case would best be dealt with individually having regard to all the circumstances. In cases of dispute, a ruling can be sought from the court as to whether a change of workplace causes hardship to an employee, to an extent sufficiently serious to establish a constructive dismissal under common law. If the court so decides the employee will have a claim to severance payment. On the question of whether employers and employees might be misled by the deletion of the cross harbour provision, I can assure Mr TAM that upon enactment of the amendment Bill the Labour Department will provide explanations in a relevant leaflet. This leaflet will be in English and Chinese and will be distributed free of charge to employers and employees. It will make clear that the severance payment entitlement is not solely dependent upon whether the change of workplace involves crossing the harbour or whether there is dismissal. It is the extent of hardship caused that will determine eligibility for severance payment. Of course the Labour Department will closely monitor the implementation of the new provision.
Thank you, Mr Deputy President.
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
EMPLOYEES' COMPENSATION (AMENDMENT) BILL 1992
Resumption of debate on Second Reading which was moved on 20 May 1992 Question on Second Reading proposed.
MR HENRY TANG: Mr Deputy President, the main purposes of this amendment Bill are to improve certain inadequate or ambiguous provisions under the Employees' Compensation Ordinance and to increase the levels of penalty in order to accurately reflect the relative gravity of the offences. This Bill, together with the Employment (Amendment) (No. 4) Bill 1992 and the Employees Compensation (Amendment) (No. 2) Bill 1992, cover a number of changes to improve and to bring up to date various provisions under the respective Ordinances.
Since the Legislative Council ad hoc group set up to study these three Bills has Since the Legislative Council ad hoc group set up to study these three Bills has found most of the proposed amendments to be acceptable, I have not intended and do not intend to speak on each of them. Instead, I will concentrate on the Employees Compensation (Amendment) Bill 1992 for which further improvements are considered necessary. Amongst the proposed amendments contained in this Bill, the ad hoc group felt that the proposal to expand the definition of dependant to cover inter alia the parents, grandparents and step-parents yet to retire and rely on the deceased employee for a living within one year after the death of the employee should be further expanded, since the retirement time limit of one year would be too short for elderly potential dependants to plan for alternate retirement arrangements.
Having examined the pros and cons of various options, the ad hoc group considered that the retirement time limit should be expanded to two years so that more potential dependants approaching retirement age would become eligible to claim compensation under the Employees' Compensation Ordinance. This improvement has been accepted by the Administration and I will move an amendment to this effect at the Committee stage. On this issue I wish to point out that both the original amendment to expand the definition of dependant, and the new amendment to extend the retirement time limit, will not affect the total amount of compensation payable to the dependants but will
only increase the number of dependants eligible to claim compensation.
In the course of examining the above points, the ad hoc group also noted that, in both the existing as well as the proposed provisions, compensation under the Ordinance would not be payable at all if the deceased worker did not have spouse or children and his parents failed to fulfil the dependency criteria. Members in general felt that in such cases the dependency concept was no longer justifiable; instead the compensation originally payable to the dependants should be treated as part of the estate of the deceased worker and payable to the beneficiary.
Although it was accepted that the original amendment could be further improved by taking into account the aforementioned points, the ad hoc group also considered that the early passage of the Bill was desirable. Therefore the ad hoc group agreed that in view of the possible far-reaching implications which the proposed change to the dependency concept might have on the existing compensation system in Hong Kong, the desirable change should be referred to the OMELCO Panel on Manpower for further examination.
Mr Deputy President, since I am only speaking on this Bill, I would like to take this opportunity to thank, on behalf of the ad hoc group, the Administration for its co-operation during the scrutiny of the Employment (Amendment) (No. 4) Bill 1992 and the Employees' Compensation (Amendment) Bill 1992 and the Employees' Compensation (Amendment) (No. 2) Bill 1992, even though they all sound the same.
Mr Deputy President, with these remarks and subject to the amendment to be moved Mr Deputy President, with these remarks and subject to the amendment to be moved at the Committee stage, I support the Bill.
MR LAU CHIN-SHEK (in Cantonese): Mr Deputy President, the amendment proposed by the Administration in respect of the Employees' Compensation Ordinance serves to provide a form of protection for certain people who previously would not qualify for compensation. But I think that the proposed change would still be unable to solve completely the problem of "dependants".
I intend to make a few suggestions for improvement in two areas and hope that I intend to make a few suggestions for improvement in two areas and hope that the Administration would take them into consideration:
(1) For a deceased worker who leaves neither spouse nor children and whose pa (1) For a deceased worker who leaves neither spouse nor children and whose parents
still have the ability to earn a living, compensation should be payable to his parents. As a matter of fact, most of the workers who died from injuries in the course and arising out of employment came from the lower class. In a traditional Chinese family, even if the parents of the deceased did not rely immediately on the latter for a living, such a need would have arisen sooner or later if the deceased had not died; therefore it is necessary to make arrangements to provide protection in this respect.
(2) If the deceased is not survived by any dependants, the compensation payable (2) If the deceased is not survived by any dependants, the compensation payable to him should be treated as his estate and be disposed of by his family members.
Thank you!
Question on the Second Reading of the Bill put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
EMPLOYEES' COMPENSATION (AMENDMENT) (NO. 2) BILL 1992
Resumption of debate on Second Reading which was moved on 20 May 1992 Question on Second Reading proposed.
MR LAU CHIN-SHEK (in Cantonese): Mr Deputy President, the present amendment Bill proposes to streamline compensation procedures for employees who sustain injuries in the course and arising out of employment. In principle, it would be beneficial to a certain extent to both the employees and the employers. However, while the relevant procedures are being amended, I think that the Administration should also consider carrying out the following tasks:
(1) There should be more publicity given to the streamlined compensation (1) There should be more publicity given to the streamlined compensation procedures so as to avoid misunderstanding on the part of the average worker that the Labour Department has given up or is no longer handling cases reported within
seven days, as a result of which certain workers would not be able to receive reasonable compensation;
(2) The Labour Department should draw up measures (2) The Labour Department should draw up measures The Labour Department should draw up measures such as issuing letters to the such as issuing letters to the injured employees concerned, after reports have been submitted by their employers, to confirm whether they have received compensation. This is to make sure that no workers would be unable to receive compensation to which they are entitled because of the simplification of procedures;
(3) The procedure streamlining exercise will reduce the workload of the (3) The procedure streamlining exercise will reduce the workload of the Employees' Compensation Division of the Labour Department by about 30%. However, I do not think the Government should trim the size of the Department's staff establishment. Instead, the staff resources thus saved should be used to improve the quality of work and service provided by the Employees' Compensation Division, so that compensation cases for workers sustaining injuries in the course and arising out of employment can be resolved at greater speed.
Generally speaking, I think that the extra manpower from the Labour Department after the amendment of the Ordinance should be put to the following use:
(1) step up prose (1) step up prose step up prosecution against employers who have contravened the Ordinance. cution against employers who have contravened the Ordinance. At present only one to two such employers are prosecuted every year by the Employees' Compensation Division, thus stripping the Ordinance totally of its deterrent effect;
(2) strengthen public (2) strengthen public strengthen publicity and education efforts in this aspect to enable emplo ity and education efforts in this aspect to enable employees to understand more fully their rights and interests while making employers understand their obligations;
(3) expedite the processing of compensation cases. At present a worker need to (3) expedite the processing of compensation cases. At present a worker need to wait six months on the average, counting from the time he recovers from his injury, before he receives compensation. Some cases even take as long as one year. Therefore it is necessary to increase manpower in order to deal with the compensation cases soonest possible;
(4) improve service quality. I consider it appropriate for labour officers to (4) improve service quality. I consider it appropriate for labour officers to answer enquiries relating to the law on compensation
Thank you!
SECRETARY FOR EDUCATION AND MANPOWER: Mr Deputy President, I only wish to say that
I have taken careful note of Mr LAU's helpful suggestions and will certainly consider them.
Question on the Second Reading of the Bill put and agreed to. Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
Committee stage of Bills
Council went into Committee.
ADMINISTRATION OF JUSTICE (MISCELLANEOUS AMENDMENTS) BILL 1992 Clauses 1 to 17 were agreed to.
INTELLECTUAL PROPERTY DEPARTMENT (CONSEQUENTIAL AMENDMENTS) BILL 1992 Clauses 1 to 7 were agreed to.
LEGAL PRACTITIONERS (AMENDMENT) (NO. 2) BILL 1992
Clauses 1 to 27 were agreed to.
EMPLOYMENT (AMENDMENT) (NO. 4) BILL 1992
Clauses 1 to 12 were agreed to.
EMPLOYEES' COMPENSATION (AMENDMENT) BILL 1992
Clauses 1, 2, 4 and 19 were agreed to.
Clause 3
MR HENRY TANG: Mr Chairman, I move that clause 3 be amended as set out in the paper circulated to Members. The purpose of this amendment is to extend the retirement time limit from one year to two so as to enable more potential dependents of deceased worker to become eligible to claim compensation under the Employees' Compensation Ordinance. Mr Chairman, I beg to move.
Proposed amendment
Clause 3(b)
That clause 3(b) be amend, by deleting "1 year" and substituting "2 years".
SECRETARY FOR EDUCATION AND MANPOWER: Mr Chairman, the Administration has consulted the insurance industry on the proposal moved by Mr TANG. We were given to understand that the proposed change would have the effect of increasing the liability of the insurance industry. Nevertheless, as a responsible industry, the insurers were
prepared to accept the proposal and absorb the increased liability without increasing the compensation premium charged to the insured employees or employers. I am grateful to the insurance industry for its accommodation and I support the amendment moved by Mr TANG.
Question on the amendment proposed, put and agreed to.
Question on clause 3, as amended, proposed, put and agreed to.
EMPLOYEES' COMPENSATION (AMENDMENT) (NO. 2) BILL 1992
Clauses 1 to 7 were agreed to.
Council then resumed.
Third Reading of Bills
THE ATTORNEY GENERAL reported that the
ADMINISTRATION OF JUSTICE (MISCELLANEOUS AMENDMENTS) BILL 1992 INTELLECTUAL PROPERTY DEPARTMENT (CONSEQUENTIAL AMENDMENTS) BILL 1992 LEGAL PRACTITIONERS (AMENDMENT) (NO. 2) BILL 1992
EMPLOYMENT (AMENDMENT) (NO. 4) BILL 1992 and
EMPLOYEES' COMPENSATION (AMENDMENT) (NO. 2) BILL 1992
had passed through Committee without amendment and the
EMPLOYEES' COMPENSATION (AMENDMENT) BILL 1992
had passed through Committee with amendments. He moved the Third Reading of the Bills.
Question on the Third Reading of the Bills proposed, put and agreed to.
Bills read the Third time and passed.
Member's motions
HONG KONG ROYAL INSTRUCTIONS 1917 TO 1991
STANDING ORDERS OF THE LEGISLATIVE COUNCIL OF HONG KONG
MRS ELSIE TU moved the following motion:
"That with effect from 1st September, 1992 the Standing Orders of the Legislative Council of Hong Kong be amended -
(1) in Standing Order No. 4(6), by repealing "standing (1) in Standing Order No. 4(6), by repealing "standing in Standing Order No. 4(6), by repealing "standing and select committee" and and select committee" and substituting "committee and subcommittee";
(2) in Standing Order No. 42 - (2) in Standing Order No. 42 -
(a) in paragraph (3), by repealing "The" and substituting (a) in paragraph (3), by repealing "The" and substituting in paragraph (3), by repealing "The" and substituting "Subject to "Subject to
paragraphs (3A) and (3B), the";
(b) by adding - (b) by adding -
"(3A) Except in relation to Ap "(3A) Except in relation to Ap Except in relation to Appropriation Bills, when the Member in charge of a propriation Bills, when the Member in charge of a bill has spoken on a motion that the bill be now read the second time, the debate shall be adjourned and the bill shall be referred to the House Committee unless the Council, on a motion which may be moved without notice by any Member, otherwise orders.
(3B) When a debate has been adjourned under paragraph (3A), it may be resumed on (3B) When a debate has been adjourned under paragraph (3A), it may be resumed on notice by the Member in charge of the bill given by him after consultation with the chairman of the House Committee.";
(3) in Standing Order No. 44(1) by adding "of the whole Council select commit n Standing Order No. 44(1) by adding "of the whole Council select committee" after "committee";
(4) by adding - (4) by adding -
"60C. House Committee "60C. House Committee
(1) There shall be a committee, to be called the House Committee, the members of w (1) There shall be a committee, to be called the House Committee, the members of which shall be all the Members other than the Deputy President and ex officio Members.
(2) The chairman and deputy chairman of the committee shall be elected from amongst (2) The chairman and deputy chairman of the committee shall be elected from amongst its members and shall hold office until the first sitting of the committee in the session next following that in which they were elected. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence.
(3) At any time after a bill has been referred to the committee under Standing Order (3) At any time after a bill has been referred to the committee under Standing Order No. 42(3A), the committee may allocate it to a Bills Committee for consideration, or may cause it to be considered in such other manner as the committee thinks fit.
(4) In deciding upon the timing and order of allocation of bills to a Bills Commi (4) In deciding upon the timing and order of allocation of bills to a Bills Committee, the committee may take into account the number and relative priority of other bills currently referred to the committee under Standing Order No. 42(3A), and may at any
time vary any decision as to the timing and order of allocation of any bill.
(5) Following allocation (5) Following allocation Following allocation of a bill to a Bills Committee, the committee, after of a bill to a Bills Committee, the committee, after consultation with that Bills Committee, may decide the date for completion of consideration of the bill by the Bills Committee. Any such decision may be varied at any time, after consultation with the Bills Committee.
(6) Upon the allocation of a bill to a Bills Committee, the members of that Bills (6) Upon the allocation of a bill to a Bills Committee, the members of that Bills Committee shall be those Members (other than the Deputy President and the ex officio Members) who signify membership in accordance with procedural rules (which shall provide only for the manner and timing of such signification) decided by the
committee.
(7) The committee may provide guidelines relating to the practice and procedure of (7) The committee may provide guidelines relating to the practice and procedure of the Bills Committees.
(8) The committee may discuss any deliberations of a (8) The committee may discuss any deliberations of a The committee may discuss any deliberations of a Bills Committee for the purpose Bills Committee for the purpose of assisting members in preparation for resumption of second reading debate in the Council.
(9) The committee shall decide the manner of consideration of any subsidiary (9) The committee shall decide the manner of consideration of any subsidiary legislation which is subject to the provisions of sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap. 1).
(10) The committee may consider, in such manner as it thinks fit, any other item (10) The committee may consider, in such manner as it thinks fit, any other item relating to the business of the Council.
(11) The committee may appoint subcommittees for the (11) The committee may appoint subcommittees for the The committee may appoint subcommittees for the purpose of assisting the purpose of assisting the committee in the performance of its functions under paragraphs (9) and (10).
(12) The committee shall sit at the times (including any time during the period (12) The committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of the place, day and time of every sitting shall be given to the members at least three days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. The sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee.
(13) Twenty members, including the chairman, shall form a quorum. All matters (13) Twenty members, including the chairman, shall form a quorum. All matters for the decision of the committee shall be decided by a majority of the members voting. The chairman, the deputy chairman or any other member presiding shall not vote, unless the votes of the other members are equally divided in which case he shall have a casting vote.
(14) Where the chairman so orders, any matter for the decision of the committee (14) Where the chairman so orders, any matter for the decision of the committee may be considered by circulation of papers to the members of the committee and each member may signify his approval in writing submitted to the chairman. Unless any such matter has been so approved by all the members (who shall not be less than twenty in number) who are then in Hong Kong before the expiry of the period specified by the chairman for signifying the approval of members in respect of that matter, that matter shall be deemed to be referred for decision at a sitting of the committee.
(15) Paragraph (14) shall apply during any period when the Council is in recess (15) Paragraph (14) shall apply during any period when the Council is in recess between the end of one session and the beginning of the next session as it applies during a session.
(16) Wher (16) Where so authorized under section 9(2) of the Legislative Council (Powers e so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382), the committee may call any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.
(17) Subject to these Standing Orders, the practice and procedure of the commi (17) Subject to these Standing Orders, the practice and procedure of the committee shall be determined by the committee.
60D. Bills Committees 60D. Bills Committees
(1) There shall be such number of committees, to be called Bills Committees, (1) There shall be such number of committees, to be called Bills Committees, There shall be such number of committees, to be called Bills Committees, as the House Committee consider appropriate.
(2) The chairman of a Bills Committee shall be elected by the committee from amongst (2) The chairman of a Bills Committee shall be elected by the committee from amongst its members. The committee may also elect a deputy chairman. In the event of the temporary absence of the chairman or any deputy chairman, the committee may elect a chairman to act during such absence.
(3) A Bills Committee shall consist of not less than three members including the (3) A Bills Committee shall consist of not less than three members including the chairman. The quorum of a Bills Committee shall be three members including the
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