HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1509 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 January 1995
The Council met at half-past Two o'clock
PRESENT
THE PRESIDENT
THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., LL.D., Q.C., J.P.
THE CHIEF SECRETARY
THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P.
THE FINANCIAL SECRETARY
THE HONOURABLE SIR NATHANIEL WILLIAM HAMISH MACLEOD, K.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 MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P.
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D., 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 EDWARD HO SING-TIN, O.B.E., J.P.
THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P.
THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P.
THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1510 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., J.P. THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E.
THE HONOURABLE ALBERT CHAN WAI-YIP
THE HONOURABLE VINCENT CHENG HOI-CHUEN, O.B.E., J.P. THE HONOURABLE MOSES CHENG MO-CHI
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
THE HONOURABLE SIMON IP SIK-ON, O.B.E., J.P. DR THE HONOURABLE LAM KUI-CHUN
DR THE HONOURABLE CONRAD LAM KUI-SHING, J.P. THE HONOURABLE LAU CHIN-SHEK
THE HONOURABLE EMILY LAU WAI-HING
THE HONOURABLE LEE WING-TAT
THE HONOURABLE ERIC LI KA-CHEUNG, J.P.
THE HONOURABLE FRED LI WAH-MING
THE HONOURABLE MAN SAI-CHEONG
THE HONOURABLE STEVEN POON KWOK-LIM
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1511 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
DR THE HONOURABLE TANG SIU-TONG, J.P.
THE HONOURABLE CHRISTINE LOH KUNG-WAI
THE HONOURABLE ROGER LUK KOON-HOO
THE HONOURABLE ANNA WU HUNG-YUK
THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P.
ABSENT
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
THE HONOURABLE PETER WONG HONG-YUEN, O.B.E., J.P.
THE HONOURABLE MARVIN CHEUNG KIN-TUNG, O.B.E., J.P. THE HONOURABLE ALFRED TSO SHIU-WAI
IN ATTENDANCE
MR MICHAEL SUEN MING-YEUNG, C.B.E., J.P.
SECRETARY FOR HOME AFFAIRS
MR ALISTAIR PETER ASPREY, C.B.E., A.E., J.P.
SECRETARY FOR SECURITY
MR CHAU TAK-HAY, C.B.E., J.P.
SECRETARY FOR TRADE AND INDUSTRY
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1512
MR ANTHONY GORDON EASON, C.B.E., J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P. SECRETARY FOR TRANSPORT
MR GORDON SIU KWING-CHUE, J.P.
SECRETARY FOR ECONOMIC SERVICES
MR DONALD TSANG YAM-KUEN, O.B.E., J.P.
SECRETARY FOR THE TREASURY
MR NICHOLAS NG WING-FUI, J.P.
SECRETARY FOR CONSTITUTIONAL AFFAIRS
MRS KATHERINE FOK LO SHIU-CHING, O.B.E., J.P. SECRETARY FOR HEALTH AND WELFARE
MISS JACQUELINE ANN WILLIS, J.P.
SECRETARY FOR EDUCATION AND MANPOWER
THE DEPUTY SECRETARY GENERAL
MR LAW KAM-SANG
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1513 PAPERS
The following papers were laid on the table pursuant to Standing Order 14(2): Subject
Subsidiary Legislation L.N. No.
Pharmacy and Poisons (Pharmacy and Poisons
Appeal Tribunal) (Amendment) Regulation 1994 ......................... 667/94
Maintenance Orders (Reciprocal Enforcement)
(Designation of Reciprocating Countries)
(Amendment) Order 1994 ............................................................. 668/94 Trainee Solicitors (Amendment) (No. 5) Rules 1994................................ 669/94
Employees Retraining Ordinance (Amendment of
Schedule 2) (No. 14) Notice 1994................................................. 670/94 Mineral Oil in Food (Amendment) Regulation 1994 ................................ 671/94
Shipping and Port Control (Amendment) (No. 3)
Regulation 1994............................................................................ 672/94 Waterworks (Amendment) Regulation 1994............................................. 673/94
Minor Employment Claims Adjudication Board
(Fees) Rules.................................................................................. 674/94
Minor Employment Claims Adjudication Board
(General) Rules............................................................................. 675/94
Minor Employment Claims Adjudication Board
(Suitors' Funds) Rules................................................................... 676/94
Minor Employment Claims Adjudication Board
Ordinance (61 of 1994) (Commencement)
Notice 1994 .................................................................................. 677/94
Dangerous Goods (Consignment by Air) (Safety)
Regulations (Amendment of Schedule)
Order 1994.................................................................................... 678/94 Pilotage (Dues) (Amendment) Order 1994 ............................................... 679/94
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1514
Antiquities and Monuments (Declaration of
Historical Building) (No. 2) Notice 1994 ...................................... 680/94
Factories and Industrial Undertakings (Lifting
Appliances and Lifting Gear) (Amendment)
Regulation 1993 (L.N. 285 of 1993)
(Commencement) (No. 2) Notice 1994.......................................... 681/94
Stock Exchanges Unification (Amendment)
Ordinance 1994 (74 of 1994) (Commencement)
Notice 1994................................................................................... 682/94
Coinage Ordinance (81 of 1994) (Commencement)
Notice 1994................................................................................... 683/94
Official Languages (Authentic Chinese Text)
(Bank Notes Issue Ordinance) Order.......................................... (C)39/94
Official Languages (Authentic Chinese Text)
(Exchange Fund Ordinance) Order............................................. (C)40/94
Official Languages (Authentic Chinese Text)
(Dollar and Subsidiary Currency Notes
Ordinance) Order ....................................................................... (C)41/94
Official Languages (Authentic Chinese Text)
(Weapons Ordinance) Order ....................................................... (C)42/94
Official Languages (Authentic Chinese Text)
(Training Centres Ordinance) Order ........................................... (C)43/94
Official Languages (Authentic Chinese Text)
(Prisoners (Release under Supervision)
Ordinance) Order ....................................................................... (C)44/94
Official Languages (Authentic Chinese Text)
(Apprenticeship Ordinance) Order ............................................. (C)45/94
Official Languages (Authentic Chinese Text)
(Loans Ordinance) Order............................................................ (C)46/94
Official Languages (Authentic Chinese Text)
(Loans (Government Bonds) Ordinance) Order.......................... (C)47/94
Maximum Scale of Election Expenses (Rural
Committees) Order 1995 ................................................................... 1/95
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1515 Bedspace Apartments (Appeal Board) Regulation........................................ 2/95 Bedspace Apartments (Fees) Regulation ...................................................... 3/95
Arbitration (Parties to New York Convention)
(Amendment) Order 1995 ................................................................. 4/95
Sessional Paper 1994-95
No. 57 — Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1994-95 Public Finance
Ordinance: Section 8
ORAL ANSWERS TO QUESTIONS
Airports Co-ordination Centre in South China
1. MR STEVEN POON asked (in Cantonese): In the Policy Debate of the Legislative Council in October 1991, I called on the Government to discuss with China the possibility of co-operation to resolve the problem which would arise from the existence of several international airports, including that of Hong Kong, in the Pearl River area within a radius of 100 kilometres. It has been reported that efforts are being made by the Chinese authority concerned to seek to make the Zhuhai and Guangzhou airports the airports co-ordination centre in south China. In this connection, will the Government inform this Council of the following:
(a) whether Hong Kong's new airport at Chek Lap Kok will have sufficient facilities to become the airports co-ordination centre in south China;
(b) if the answer to (a) is in the affirmative, whether the Government has suggested to the Chinese authority that Hong Kong's new airport should become the airports co-ordination centre in south China; if so, how the suggestion has been conveyed to the Chinese authority;
(c) whether the Government has assessed the implications on the local economy arising from Hong Kong's new airport becoming the airports co ordination centre in south China; and
(d) whether the Government knows when the Chinese authority will make a final decision regarding the siting of such a co-ordination centre?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1516
SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Mr President, in view of the proximity of a number of existing and planned airports in the Pearl River Delta Region, the need for careful coordination of airspace management and air traffic control arrangements is well recognised by the civil aviation authorities concerned. Our fundamental objective is to develop, in consultation with neighbouring airports, arrangements which promote the optimal use of airspace, minimise air traffic congestion and lead to the highest levels of operational efficiency and safety.
To this end, regular technical coordination meetings are held between air traffic control managers in Hong Kong and Guangzhou to ensure that operational procedures are in place to meet the needs of existing airports.
A number of options exist for the safe and efficient management of airspace in the Pearl River Delta. The establishment of a joint air traffic control centre, responsible for airspace management for a number of neighbouring airports, is one of the options. The British and Chinese sides have agreed that the various options for air traffic coordination in the Pearl River Delta should be discussed under the auspices of the recently established Infrastructure Co-ordinating Committee (ICC); and we look forward to discussing the issue within the context of the Committee.
If, following discussions in the Committee, it is concluded that a joint air traffic centre is the preferred option, the air traffic control facility at Hong Kong's new airport would be well-able to undertake such a role. Our new airport at Chek Lap Kok will be the largest in the Region, with traffic volumes on opening likely to be more than double the total handled by all neighbouring airports. It will also have the benefit of the most up-to-date radar and other technical equipment.
MR STEVEN POON (in Cantonese): Mr President, may I ask the Administration to answer parts (c) and (d) of my question before I ask my supplementary question. Parts (c) and (d) are about the economic impact which the new Hong Kong airport has on Hong Kong after becoming the airports co-ordination centre and if the Administration knows when the Chinese authorities will make a final decision on the choice of the centre? The Administration has not answered the question.
SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Mr President, in my reply I have in fact tried to answer part (d) of the question. The issue will be discussed by the Infrastructure Co-ordinating Committee. A decision will be made by the two Governments after discussions. As for economic effectiveness, it is also a matter for discussion. From a macroscopic perspective, if better use can be made of airspace, the number of flights can then be increased and the income for all the airports within the Pearl River Delta will increase.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1517
MR STEVEN POON (in Cantonese): Thank you, Mr President, apart from the fact that the facilities of the new airport are able to cope with this task, will the Administration inform this Council whether the staff of the new airport are also able to cope? My main concern is staff training. Some of these airports are international airports while others are domestic ones, many aeroplanes are not for international flights. To take a simple example from the language to be used, can the staff we hire speak Putonghua and do the job required as well?
SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Mr President, first of all, let me assure Honourable Members that staff training has already started. With regard to the use of English, Cantonese or Putonghua for air traffic control, we do have the experience. The air traffic control centre in Hong Kong is responsible for guiding some aeroplane returning to China from other places. These Chinese aeroplanes will land at the airports in South China and the Pearl River Delta region after passing over Hong Kong. Our Air Traffic Control Officers normally use English, but they can certainly use other languages when circumstances so require.
MR JIMMY McGREGOR: Mr President, have the Chinese authorities provided any information on the development intended capacity and present utilization of these airports in order that the Hong Kong authorities shall be able to plan for co-ordinated control of airspace? Are any problems experienced at present?
SECRETARY FOR ECONOMIC SERVICES: Mr President, during the discussions I referred to in part of my answer, we have been provided in fact with all the information we need for handling the existing volume of traffic over Hong Kong airspace and beyond, and also we have been briefed on development across the Pearl River Delta.
MR HOWARD YOUNG (in Cantonese): Mr President, from they reply of the Secretary we can foresee that a choice has to be made, either Hong Kong will manage our own airspace or there will be a co-ordination centre. Has the Administration assessed the respective effect which individual management and co-ordinated control may have on the safety of airspace? Is it possible that both ways are feasible?
SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Mr President, as I have mentioned earlier, many options are feasible. There need to be co-ordination and discussion before any option is adopted. We can also learn from the experience of other countries. Both new York and London have their own air transport centre and each of them has four to five international airports. Any one of these airports handles a traffic volume much higher than that of Hong Kong. In these two regions, air traffic is managed by a centre co-ordination
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1518
centre which guides the aeroplanes into the region. When the aeroplanes reach a certain altitude and distance, they will be handed over to airports concerned for landing instructions. Apart from the various options we think feasible, Hong Kong can also consider what is being practised by other countries.
MR ALBERT CHAN (in Cantonese): Mr President, the air traffic control arrangements made by the proposed South China airports co-ordination centre may affect the corresponding arrangements in respect of international flights and Chinese domestic flights in the future. Will there be any ways to ensure that the standards set and requirements made by the co-ordination centre are up to international standard? In what ways can the Administration ensure that such standards will not be lower than the present standards set by the Kai Tak Airport?
SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Mr President, with regard to air traffic management and co-ordination, Hong Kong is a member of the International Civil Aviation Organization (ICAO) under the aegis of the United Kingdom. All the standards, modes of training as well as the various methods we have adopted are in line with those of the ICAO and China is also a member of the ICAO. As far as standards and co-operation are concerned, while Hong Kong can make its own decisions, they will have to be co-ordinated through an international body. At our airport, we handle not only aeroplanes which are registered in Hong Kong but also aeroplanes from countries around the world.
PRESIDENT: Not answered, Mr CHAN?
MR ALBERT CHAN (in Cantonese): Mr President, the Secretary did not say whether the future standards will be lower than those now adopted by the Kai Tak Airport, nor did he point out in what ways the Administration can ensure that future standards will not be lower than the present ones.
SECRETARY FOR ECONOMIC SERVICES (in Cantonese): Mr President, all the decision concerning air traffic control and co-ordination will be discussed through the ICAO. Apart from making our own efforts to maintain standards, there will also be international monitoring.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1519 Fatal Traffic Accidents
2. MR SIMON IP asked: Deaths resulting from traffic accidents have risen in the past three years and several fatal accidents have occurred recently. Will the Administration inform this Council:
(a) what are the most common causes of fatal traffic accidents;
(b) what measures will be taken to prohibit drunken driving;
(c) what measures will be taken to prevent or reduce reckless and careless driving and to enforce good road discipline; and
(d) whether young or newly qualified drivers will be subjected to a more rigorous system of testing?
SECRETARY FOR TRANSPORT: Mr President, the number of fatal traffic accidents rose from 318 in 1992 to 336 in 1993, but in fact declined to 277 last year.
Based on investigations following fatal traffic accidents, the Transport Department has established that the most common causes are:
(a) driving too fast for the road conditions;
(b) losing control of the vehicle;
(c) pedestrian negligence; and
(d) defective vehicle brakes.
Drunken driving is already an offence under the Road Traffic Ordinance. However, enforcement for this particular offence is difficult since the existing legislation does not specify a limit for the concentration of alcohol in the blood and it does not require a suspected drunken driver to provide samples of breath, urine or blood for testing. For these reasons, it is not possible to say with any accuracy the extent to which drunken driving is a cause of fatal traffic accidents, although of course there is circumstantial evidence to suggest that it is a factor. On the recommendation of the Road Safety Council, we plan to introduce legislative amendments correcting these deficiencies in the law on drunken driving within the current Session of this Council. The introduction of the new legislation will be accompanied by extensive publicity to warn the public about the dangers of driving after consuming excessive amounts of alcohol. The Transport Panel of this Council has been briefed on our proposals.
I am conscious of the need to do more to prevent reckless and careless driving and to enforce better road discipline. Certainty of detection and
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1520
prosecution are the most effective means of changing unacceptable driving practices. In this respect, police patrols of expressways have increased and unmarked police patrol vehicles equipped with video cameras will shortly be brought into service. These will facilitate the gathering of evidence to prosecute drivers. Also, cameras installed at road junctions have proven to be a very effective deterrent against driving through red traffic lights. More of these cameras are being installed. We are also continuing our publicity efforts aimed at driver education, for example, using television API's, posters, and broadcasts in the road tunnels.
We believe that our system of driver testing is already very stringent. Nonetheless, I accept that it is now appropriate to review the situation and reconsider whether any special arrangements need be introduced in respect of young or inexperienced drivers. In this respect we are now collecting data from other countries.
MR SIMON IP: Thank you, Mr President. Traffic accidents not only cause deaths, serious personal injuries and economic loss to the persons directly involved in them but also cause serious economic loss to the community resulting from traffic congestion. Has the Government, pursuant to a request I made in this Chamber several months ago, assessed the economic loss suffered by the community as a whole, directly and indirectly, as a result of traffic accidents?
SECRETARY FOR TRANSPORT: Mr President, our estimate is that the economic loss arising from traffic congestion is in the order of $15 million a day.
DR LEONG CHE-HUNG: Thank you, Mr President. I wonder whether the Administration has any breakdown figures to show that perhaps some of these fatalities may be prevented by better on-the-scene emergency measures?
SECRETARY FOR TRANSPORT: Mr President, in designing our roads and highway systems, of course, we ensure that the latest standards are adopted. Insofar as emergency services are concerned, our response time, I believe, to accidents is second to none and of course this is frustrated at times by road congestion. But the police and Fire Services do respond and through our monitoring through closed-circuit television cameras and through ringing up 999, the response time is quite efficient.
MR RONALD ARCULLI: Thank you, Mr President. In the third paragraph of the Secretary's answer, he has referred to the introduction of unmarked police patrol vehicles equipped with video cameras to, as it were, get evidence of bad
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1521
driving. I wonder whether the Secretary believes that prevention is better than cure and if that is so, would not the presence of marked and clearly obvious police vehicles, with video cameras by all means, both serve as a deterrent as well as perhaps get the necessary evidence against careless or dangerous driving?
SECRETARY FOR TRANSPORT: Mr President, police presence is very visible on highways now. Unmarked cars are an additional management and enforcement tool that we will be adopting to supplement the existing presence of police on the roads.
MR ROGER LUK: Thank you, Mr President. Would the Secretary provide further information on the practices of other countries and whether they are effective in reducing the accident rate of new drivers?
SECRETARY FOR TRANSPORT: Mr President, I shall certainly try to obtain some information from our neighbouring countries and other more developed countries. (Annex I)
MRS PEGGY LAM (in Cantonese): Mr President, will the Government inform this Council of the main types of vehicles involved in accidents; and of the maximum penalty imposed on careless drivers causing pedestrian casualties?
PRESIDENT: There are two questions, Secretary. Have you got them both?
SECRETARY FOR TRANSPORT: Thank you, Mr President. I do have detailed statistics regarding the types of vehicles which have been involved in accidents but it will take time to read out all these details. But the main types of vehicles involved in accidents are private cars, light goods vehicles and taxis. I shall provide the Honourable Member and other Members of this Council with details of the breakdown of accidents involving vehicles. (Annex II)
As regards the second question, Mr President, I am afraid I do not have the answer but I will try and provide this to the Honourable Member. (Annex III)
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1522
MRS MIRIAM LAU (in Cantonese): Mr President, reckless and careless driving are usually the main causes of traffic accidents. The Secretary also pointed out in his reply that certainty of detection and prosecution are the most effective means of changing unacceptable driving practices. However, the enforcement action against traffic offences has all along been accorded a low priority by the police. Does the Government have any plan or ability to change this attitude of the police? Moreover, will the Government consider reviewing the responsibilities of traffic wardens with a view to strengthening their law enforcement capability?
SECRETARY FOR TRANSPORT: Mr President, I do not agree that it is the attitude of the police. I think they do respond very promptly and very courteously on most occasions. Insofar as deployment of police resources is concerned, this of course is a matter for the Commissioner of Police. But from my point of view, I do often meet with him and his senior officers to discuss the need for the deployment of more staff, more police resources to deal with traffic measures. Insofar as Traffic Wardens are concerned, the police are in fact reviewing their responsibilities and we hope to deploy more Traffic Wardens to deal with stationary offences so as to relieve the police of their manpower to tackle other matters including accidents on highways.
MR LEE WING-TAT (in Cantonese): Mr President, it was mentioned in the fourth paragraph of the reply that cameras were installed at road junctions to monitor speeding on the road. However, a couple of months ago, it was reported widely that there appeared in the United States an advanced equipment capable of completely interfering with the cameras that take pictures of speeding vehicles. The rate of success of that equipment is even higher than that of the cameras photographing speeding vehicles. In view of the availability of such an equipment, what counter-measures does the Transport Branch have? If there is none, the installation of video cameras will be useless.
SECRETARY FOR TRANSPORT: Mr President, I think that if vehicle drivers and motorists install such equipment to try and "beat the system", so to speak, and if they note that there are hidden cameras, then they will slow down and this in itself has a deterrent effect. So I think that is a positive sign. But separately, obviously we need to consider how to tackle the illegal, if it is illegal, installation of such equipment and both the police and the Transport Department are now looking into this particular problem. When I have more information I shall provide it to the Honourable Member. (Annex IV)
PRESIDENT: Mr LEE, not answered?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1523
MR LEE WING-TAT (in Cantonese): Mr President, I am not satisfied with this reply. After the press reports, officers of the Office of the Telecommunications Authority said that the equipment itself was not illegal, and that its rate of success was rather high. I do not understand why the Transport Branch did not have such information and did not take any immediate action to deal with the problem. In view of this, additional resources devoted to "catching speeding vehicles" will be of no avail. I hope that more satisfactory and better counter-measures will soon be available.
SECRETARY FOR TRANSPORT: Mr President, the Honourable Member has expressed his view and I shall certainly follow this up. I am sure that the Transport Department and the police are dealing with this matter. It is an operational problem and I shall have to consult them to provide the Honourable Member with details.
DR LAM KUI-CHUN: Mr President, to regular drivers like myself, reckless and careless driving is becoming increasingly common in attempts to save an extra minute in the congested traffic of Hong Kong. When I enquired over a year ago for figures on reckless and careless driving as causes of traffic accidents in Hong Kong, the Administration's answer was that statistics were incomplete. Would the Administration now inform this Council what percentage of traffic accidents in Hong Kong is caused by careless and reckless driving and are results of its intended publicity efforts against reckless driving mentioned in the Secretary for Transport's answer expected to be more lasting than before, and if so, on what basis does the Administration so expect?
SECRETARY FOR TRANSPORT: Mr President, I do have some facts and figures. In 1993, we prosecuted 24 cases for reckless driving causing death and there were 13 convictions. For other cases of reckless driving, we prosecuted 626 offences and 368 of these ended in conviction. For careless driving, the corresponding figures are 21 671 for prosecutions and 21 406 for convictions. I think this demonstrates that the police are in fact stepping up their action against reckless driving.
PRESIDENT: Last three supplementaries.
MR JAMES TIEN: Mr President, the Secretary mentioned in his reply driving too fast for road conditions and losing control of vehicles as causes for a lot of accidents. He mentioned that people might be young and inexperienced, but I think recently we can see a lot of cases involving professional drivers such as bus drivers and container truck drivers who are certainly not young and not inexperienced. Would the Secretary please inform this Council whether consideration will be given to increasing penalties on reckless and careless
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1524
drivers, especially against professional drivers such as bus drivers and container truck drivers?
SECRETARY FOR TRANSPORT: Mr President, certainly I am happy to review the present level of penalties and in fact this is an on-going matter which we do periodically review. For example, as far as professional drivers are concerned, we have introduced in the last Session of this Council additional penalties to tackle offences by taxi drivers and, certainly for the heavier goods vehicles, I shall look into that.
MR WONG WAI-YIN (in Cantonese): Mr President, the Secretary mentioned in paragraph 2(a) of his reply that one of the causes of traffic accidents was "driving too fast for road conditions". The recent cases of serious traffic accidents all occurred very early in the morning and seemed to be related to speeding. In the small hours of the day, traffic is always light and drivers are easily tempted to speed. Apart from the conventional method of taking photos of speeding vehicles in order to achieve some deterrent effects, will the Secretary consider using other more effective means to prevent more drivers from speeding in the small hours? Is there any figure showing the number of such speeding cases involving illegal car racing? And in this area, what law enforcement actions has the Government taken?
SECRETARY FOR TRANSPORT: Mr President, regarding speeding at night, the police do conduct road blocks and road checks and this is an on-going operation. I am afraid I do not have figures regarding prosecution figures for speed racing on roads but I shall try and obtain this for the Honourable Member. (Annex V)
PRESIDENT: Mr WONG, not answered?
MR WONG WAI-YIN (in Cantonese): Mr President, the Secretary's reply only touched upon the conventional methods of putting up road blocks and installing cameras to take photos of speeding vehicles which I am also aware of, but the results do not appear satisfactory. Will the Secretary consider introducing other more effective new measures in order to stop the recurrence of similar incidents?
SECRETARY FOR TRANSPORT: Mr President, it is difficult for me to come up with innovative ideas standing here right now, but certainly I shall consult the authorities concerned and see whether additional measures can be taken. Obviously, if the Honourable Member has any particular suggestions himself, I shall be happy to follow them up.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1525
MR HENRY TANG (in Cantonese): Mr President, the Secretary has mentioned in his reply that driving too fast is one of the main causes of traffic accidents. He has also denied the suggestion that the police is not strict enough in traffic law enforcement relation to traffic. Has the Secretary considered or heard of an electronic device installed on all trucks and buses in France and Japan that is capable of recording the speed of the vehicle for one month or more; for example, it can tell clearly the speed of the vehicle at a specific time on a particular date. The Governments of France and Japan have made it mandatory for the truck and bus drivers to submit their speed records to the police every month. This practice will almost completely stop all truck and bus drivers as well as other professional drivers from speeding. Has the Secretary considered requiring vehicles to install such a device? If not, why not?
SECRETARY FOR TRANSPORT: Mr President, I thank the Honourable Member for his suggestion. The installation of such equipment, I believe, will require introducing legislative provisions and I shall certainly be happy to consider this.
Smoking in Public Places
3. MR MAN SAI-CHEONG asked (in Cantonese): As smoking is prevalent in certain public places designated as no smoking areas (such as cinemas and public light buses), will the Government inform this Council:
(a) whether the Government has conducted periodic reviews on the situation regarding the enforcement of the legislation on prohibition of smoking in public places;
(b) of the number of prosecutions regarding smoking offences in public places in the past year; and
(c) how the Government can ensure that the anticipated effects of the legislation will be achieved?
SECRETARY FOR HEALTH AND WELFARE: Mr President, the Smoking (Public Health) Ordinance stipulates that no one should smoke in public transport carriers and certain designated no-smoking areas like cinemas, concert halls, amusement game centres and public lifts as listed in Schedule 3 to the Ordinance. Any person who smokes or carries a lighted cigarette, cigar or pipe in a designated no-smoking area commits an offence and is liable on summary conviction to a maximum fine of $5,000.
During the period from January to December 1994, we prosecuted 3 015 persons under the relevant provisions. Furthermore, separate enforcement
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1526
action has been taken by transport operators and managers of designated no-smoking areas to ensure compliance with the law.
The Administration will review regularly the need to strengthen the existing anti smoking measures in line with community aspirations and public attitude. However, this process of changing traditional culture and personal habits cannot be accomplished by punitive sanctions alone. I appeal to Honourable Members of this Council, the Council on Smoking and Health, our non-governmental organizations and the community as a whole to continue to support and participate in our mission to promote a smoke-free society through legislative provisions, publicity campaigns and educational programmes.
MR MAN SAI-CHEONG (in Cantonese): Mr President, in what ways can transport operators enforce the law against offenders? If taxi drivers and mini-bus drivers break the law themselves and smoke when they drive, how can the Administration ensure observation of the law? Will the Administration provide any channel for passengers to lodge their complaints? Will it publicize certain successful prosecutions in order to help achieve the aims of the legislation?
SECRETARY FOR HEALTH AND WELFARE: Mr President, concerning instances of offences against the Ordinance, it is of course open to the public to make a complaint to the Police Force and to inform the police as soon as possible. Wherever operators find that people in their premises are smoking, it is of course open to them to enforce the law; they have adequate powers under the Ordinance to enforce the law. However, if necessary, they can call upon the police to assist them.
REV FUNG CHI-WOOD (in Cantonese): Mr President, I believe it is rather difficult to prosecute offenders in cinemas because it is not easy to identify the smokers in the dark. Among those 3 000 odd prosecutions, how many were against offenders in cinemas? If the cinema staff do not take any action, is there anything members of the public can do? Also, what will the Administration do to improve the situation?
SECRETARY FOR HEALTH AND WELFARE: I shall provide a written reply to the question by the Honourable Member concerning the breakdown of offences occurring in cinemas. (Annex VI)
REV FUNG CHI-WOOD (in Cantonese): Mr President, my question is, if the cinema staff do not take any action even though the audience is seriously affected by the smoker, how should such a situation be handled? Where can the members of the public being affected or other people seek help?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1527
SECRETARY FOR HEALTH AND WELFARE: It is of course open to any member of the public, who finds an offence occurring either in a cinema or in any other designated no-smoking area, to alert the management of the premises, and failing that, they can alert the police to enforce the law. However, I should emphasize that we should not rely entirely on punitive actions, we should also concentrate on suitable publicity and educational programmes to encourage people to refrain from smoking in designated areas and elsewhere for that matter.
MR JIMMY McGREGOR: Mr President, does the Government intend to continue to sell cigarettes seized by the Customs from smugglers? Does that not make the problem of smoking worse?
SECRETARY FOR HEALTH AND WELFARE: I think the sale of cigarettes seized by the Customs is a separate matter for the Government. It has nothing to do with our anti smoking policy.
PRESIDENT: Mr McGREGOR, did you want to follow up?
MR JIMMY McGREGOR: Mr President, with respect, I do not think that my question was properly answered. It may have been fully answered, but not properly answered.
Reduction in Vehicle Pollution
4. MISS CHRISTINE LOH asked: In his policy address last October, the Governor made a policy commitment to cut vehicle pollution by 20% over the next two years. Will the Administration inform this Council of:
(a) the specific programmes that will be implemented to achieve this target;
(b) the estimates of approximate pollution reduction, by type of pollutant, that are expected from each programme and the timetable for their implementation;
(c) the way in which the reduction in air pollution will be verified as well as the numerical baseline the Administration is working from; and
(d) the frequency of progress updates that the public can expect?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1528 SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President,
(a) To achieve the 20% reduction in vehicle pollution we propose the following measures: the introduction of more stringent vehicle emission standards, a requirement for cleaner automotive diesel fuel, a more stringent vehicle inspection and maintenance programme, higher penalties for smoky vehicles, and a scheme to reduce the reliance on light duty diesel vehicles.
(b) The 20% reduction in vehicle pollution refers to the reduction in respirable suspended particulates. We aim to achieve about 9% of the reduction by the introduction of more stringent vehicle emission standards and cleaner diesel fuel in 1995; about 9% by reducing reliance on light duty diesel vehicles beginning in 1996; and about 2% reduction by combining a stricter vehicle inspection and maintenance programme with the introduction of higher penalties for smoky vehicles by mid-1996.
(c) The reduction in air pollution will be verified by monitoring ambient air pollution concentrations. The reference baseline is the projected 1996 air quality conditions without the measures proposed.
(d) We intend to report on the progress on a yearly basis in addition to the air monitoring data already published every month.
MISS CHRISTINE LOH: Mr President, I think it may be time for me to consider writing to the Governor to inform him that this particular policy commitment may not be fulfilled.
But in any case, I would be interested to ask the Secretary to clarify, for example, in (a) whether that includes any plans he may have to switch from diesel to petrol? And if the answer is no, how he can reassure us that this 20% reduction can indeed be achieved?
And then a clarification also in item (c): exactly from which baseline does the Secretary propose to measure? Is he saying, from that answer, that he will work back from a projection of what he thinks air quality will be in 1996 and then to work backwards? In which case, that does not seem to be very appropriate because he will be in fact saying to us that there is no improvement in air quality until then.
PRESIDENT: Have you got the two questions, Secretary?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1529
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Yes. The second question first. As regards the base, this is actually the baseline upon which the commitment given by the Governor was based.
Secondly, the programme and the measures that I have referred to certainly do include a prospective change from reliance on diesel motors to unleaded petrol motors. And because this is a question of price and duty, we need to consider extremely carefully how this should be implemented, given likely or possible effects on the cost of public transport, for example. We are looking at this in detail and we hope to release some details of our proposals shortly.
PRESIDENT: Miss LOH, not answered?
MISS CHRISTINE LOH: Mr President, I would just like the Secretary to be a little more clear at the end of what he said. Are you saying that if somehow the diesel-to-petrol switch cannot be achieved, then in fact the 20% improvement can also not be achieved?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: No, I am not saying that, Mr President. I am saying that all the measures that I have referred to require very careful thought, deliberation, consultation and formulation before they can actually be introduced, and we are determined that we should make progress on this. After all, we have given a policy commitment.
MISS EMILY LAU (in Cantonese): Mr President, given that the present level of air pollution is very serious in Hong Kong, even a reduction of 20% will not be a substantial improvement. Besides, we have become very impatient. In his replies in this Council to the questions on this topic, the Secretary repeatedly mentioned that he had to discuss with the Transport Department the diesel-to-patrol switch. But why have the discussion take such a long time? I believe the public has become very impatient as well as. Will the Secretary clearly inform this Council today of the exact time when all the Policy Branches concerned will sit together to discuss the problem and to suggest solutions? I believe the public thinks that the present level of air pollution is already very serious. Will a reduction of 20% be of any help at all?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, the Policy Branches and the relevant departments have already sat together many times and we are working towards solutions. I think the public of Hong Kong will appreciate that these are complicated issues and they are issues which have the potential, unless we are very careful about this, to hit
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1530
people in the pocket, and that is why they are not matters that can be rushed into and to which we can produce off-the-cuff and very rapid answers. We are on a programme; we have already introduced measures to reduce air pollution generally; and I would have thought that by the standard of any city, a reduction of 20% is a substantial reduction and we will continue to work towards that.
MRS PEGGY LAM (in Cantonese): Mr President, I remember that I asked the Government some time ago whether it was possible to have a general diesel-to-petrol switch. The answer then was no. But today the Secretary said it could be considered. This can be regarded as an improvement. However, I think the most thorough way to reduce air pollution by 20% is to switch 20% of our vehicles to electric vehicles. Does the Government have any such plans?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, I think as Members of this Council will know, that in the Budget for 1994-95 we have already introduced an exemption in relation to electric vehicles, so we have already taken a significant step in that regard.
MR STEVEN POON: Mr President, having lived with electricity for 30 years, it would be inappropriate of me not to ask about the electric car. But since Mrs Peggy LAM has already asked that question, so maybe I will phrase it differently.
Having implemented some tax concessions on the electric car, it has not been very successful in Hong Kong — I have not seen one on the road yet! Can the Government tell us what the problem is and whether there is going to be some more financial assistance to electric cars so that we can cut down our vehicle pollution on the streets?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, I have seen more than one and I am sure we will see many more. I think that the organization with which the Honourable Member acquired a great deal of his experience in the industry is in fact leading in the use and development of electric vehicles. He, of course, will not be able to draw too much credit from that now. We have, as I said, introduced exemptions.
And Members will, I think, probably be aware, Mr President, of the proposal initiated by a private company for the use of a prototype electric taxi. It was tested in Hong Kong during the early summer of 1994. In that pilot scheme, it was discovered that, perhaps understandably, additional research and development work is needed before the vehicle can comfortably carry out taxi performance in Hong Kong. The taxi has been returned to Sweden where it was originally developed and I gather it will come back to Hong Kong later this year for additional test runs.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1531
MR HOWARD YOUNG: Mr President, the Environmental Protection Department does have a spotter scheme which does report very serious diesel vehicle pollution and I believe Members of this Council, including myself, are in this scheme. Does the Government intend to expand this scheme to increase the number of spotters so that we can try and discourage diesel vehicles from causing more air pollution?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, I too am a spotter. The programme has, I think, succeeded in removing a good number of the gross smoke emitters from the road and in prompting vehicle owners to carry out proper repairs and maintenance. In terms of numbers of vehicles, there were about 44 000 emission tests conducted during 1994 and this is of course based to a considerable extent on the number of spottings, and 1 571 vehicles were banned from running on roads as a result of those tests. I am sure that we would be more than glad to expand the number of spotters and to increase this kind of achievement.
Unregistered Medical Practitioners
5. DR LEONG CHE-HUNG asked: Is the Administration aware of cases where persons not qualified for registration, or persons having had their names struck off permanently or removed for a period of time from the Register of Medical Practitioners, professed themselves to be registered and continued to practise medicine or surgery? If so, will the Administration inform this Council:
(a) of the number of cases that have been investigated and successfully prosecuted in the past three years;
(b) what measures the Administration will take to monitor the situation, so as to ensure that all practising medical practitioners are registered; and
(c) whether the Administration will issue any guidelines to enable the public to distinguish "genuine" medical practitioners from those who are not registered?
SECRETARY FOR HEALTH AND WELFARE: Mr President, the Administration is not aware of any case where registered medical practitioners have continued to practise medicine after having had their names struck off permanently or removed for a period of time from the Medical Register of the Medical Council.
Notwithstanding this, in order to help the police in initiating action, if necessary, against doctors who practise illegally, the Department of Health will
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1532
inform the Commissioner of Police and the relevant District Police Commander of the particulars of medical practitioners whose names have been removed permanently or for a period of time from the Register at the same time as the Medical Council publishes such orders in the Government Gazette.
The Department of Health and the Medical Council occasionally receive information or complaints from the public about persons not qualified for registration who are practising medicine. These cases are referred to the police for further investigation and action. Professional input from the Department of Health is provided where necessary.
From 1992 to 1994 the Medical Council received eight such complaints directly from the public. These have been referred to the police. A total of 65 cases have been reported to the Department of Health in the same period. All have been referred to the police for further investigation. 19 of these cases have resulted in conviction.
A full list of all registered medical practitioners in Hong Kong (with names and particulars) is published twice a year. It is available for sale through the Government Publications Centre, and for reference in major public libraries. The public can refer to the list if they are in doubt of the legitimacy of a doctor's practice. At the same time, they can always make direct enquiries to the Medical Council Secretariat.
DR LEONG CHE-HUNG: Thank you, Mr President. Can the Administration confirm that when both the Medical Council and the police investigate either unregistered personnel or persons who have been deregistered, they only do it as a result of a complaint? And if so, will the Administration consider introducing proactive measures to ensure that these undesirables will not continue to practise in their original clinics or other places? If yes, what measures will they take, and if not, why not?
SECRETARY FOR HEALTH AND WELFARE: Mr President, the Government relies primarily on complaints from the public. The Honourable Member will, I am sure, be aware of the number of medical practitioners in Hong Kong — there are over 7 000 medical practitioners registered in Hong Kong. It is not the intention of the Government to take any other proactive measures to check each and every one of these medical practitioners.
PRESIDENT: Dr LEONG, not answered?
DR LEONG CHE-HUNG: Another question, if I may?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1533 PRESIDENT: Well, I will get through the others first, I think.
DR HUANG CHEN-YA (in Cantonese): Mr President, at present it is in fact very difficult to identify such unregistered medical practitioners. Will the Government inform this Council of the penalties that will be imposed on these people once they are identified? Could the existing penalties be too light to have any deterrent effect; and will the Government consider imposing heavier penalties?
SECRETARY FOR HEALTH AND WELFARE: Mr President, under the present Medical Registration Ordinance, the penalty for this offence is a fine of $10,000 and six months' imprisonment on summary conviction for any person who wilfully and falsely pretends to be qualified, or takes or uses any name or title implying that he is qualified, to practise medicine or surgery or to be registered or professes to practise or publishes his name as practising medicine or surgery. We have in the drafting process amendments to the Medical Registration Ordinance which will increase the penalties to imprisonment of three years.
There are also other offences where fines range from $50,000 to two years' imprisonment on summary conviction and it is also the intention to raise these penalties to $100,000 and imprisonment for three years. There are also other offences where the intention is to increase the penalties from $100,000 to $200,000. The maximum penalty for any person doing any medical diagnosis, prescribing any medical treatment or performing any medical treatment or surgery which results in personal injury to the patient is seven years' imprisonment.
MR MICHAEL HO (in Cantonese): Mr President, if medicine is practised by people who are definitely not registered medical practitioners, public health will be endangered. Among the 65 complaints mentioned in paragraph four of the Government's main reply, how many of them involved those unregistered personnel who practised medicine in the name or in the style of western medical practitioners? Can the Government provide the detailed information on the 19 cases which have resulted in conviction?
SECRETARY FOR HEALTH AND WELFARE: I will provide a written reply to the Honourable Member on the breakdown of the various complaints received by the Department of Health as well as the numbers of complaints which the Medical Council has dealt with in the last three years. (Annex VII) But perhaps for Members' reference and information, the following figures might be of some use.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1534
Over the past three years, the Medical Council has ordered, at the conclusion of its disciplinary inquiries, the erasure of the name of one medical practitioner, the removal of 14 medical practitioners' names from the Medical Register for a period ranging from three months to three years, and the removal of four medical practitioners' names from the Register for periods ranging from three months to one year but their sentences were suspended for one or two years.
However, nine of those doctors listed above subsequently appealed to the Court of Appeal and the latest position is that three appeals have been upheld and six appeals are still in progress. That means over the past three years a total of six medical practitioners' names have been actually removed from the Medical Register by the Medical Council.
MR CHEUNG MAN-KWONG (in Cantonese): Mr President, it is not at all easy for a member of the public or a granny for that matter to check the list of registered medical practitioners in Hong Kong every half year or to check with the Medical Council to see whether a medical practitioner is a legitimate one. Since there are clear and strict procedures governing the acquisition of professional qualifications by medical practitioners, can the Government inform this Council of the procedures a medical practitioner must follow when setting up a clinic in a district; and whether the procedures are equally strict? Will the Administration require all clinics set up by private medical practitioners to display the Medical Registration Certificate issued by the Government, and even with Chinese explanation and the medical practitioners' photographs so as to help the public identify the registered doctors and to help prevent bogus doctors from practising medicine illegally?
SECRETARY FOR HEALTH AND WELFARE: Mr President, I am not familiar with the detailed requirements for a medical practitioner when he starts his practice, but certainly I shall provide the Honourable Member with the relevant information. But from my personal experience, I have not seen any photographs of doctors in medical practitioners' offices.
PRESIDENT: Yes, Mr CHEUNG?
MR CHEUNG MAN-KWONG (in Cantonese): Mr President, my question is: will you consider this suggestion? At present even a taxi driver has to display his name and photograph in the taxi so as to show his identity. If a medical practitioner is required to display his credentials and photograph in his clinic, would that not be a good way to assure the elderly patients that the medical practitioner is a legitimate one?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1535
SECRETARY FOR HEALTH AND WELFARE: Yes, I will certainly relay the Honourable Member's observations to the Medical Council for their serious consideration.
DR TANG SIU-TONG (in Cantonese): Mr President, it was mentioned in paragraph five of the Government's main reply that a full list of all registered medical practitioners in Hong Kong is published roughly twice a year. Has the Administration provided the Police with such a list? Has the police ever conducted any site inspection at these medical practitioners' offices to see whether they are really practising medicine there or some bogus doctors are practising medicine somewhere?
SECRETARY FOR HEALTH AND WELFARE: The list of medical practitioners is published twice a year. It is not handed over to the police.
MR JIMMY McGREGOR: Mr President, can the Secretary say whether there are other charges which can be applied by the police to bogus doctors who may have treated people? Are there other criminal charges and is such action taken?
SECRETARY FOR HEALTH AND WELFARE: The full range of offences is listed in the Medical Registration Ordinance and different offences attract different penalties. If the Member is interested in the details of the Medical Registration Ordinance, I can certainly arrange a briefing for this Council.
PRESIDENT: Yes, Mr McGREGOR, are you being hypothetical?
MR JIMMY McGREGOR: I really meant outside the medical legislation.
PRESIDENT: Yes, I think the Secretary has probably given you the best answer she can, Mr McGREGOR.
DR LEONG CHE-HUNG: Thank you, Mr President. In the last sentence of the Secretary's main answer, she has intimated that any member of the public can always make direct enquiry with the Medical Council Secretariat. Is she aware that most of these enquiries do not get any answers, let alone direct answers? And will she assure this Council that she will look into this matter?
SECRETARY FOR HEALTH AND WELFARE: Mr President, I confirm that I will look into the matter raised by the Honourable Member.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1536
MR MICHAEL HO (in Cantonese): Mr President, I would like to follow up the proposal raised by Mr CHEUNG Man-kwong, namely, to display Medical Registration Certificates with photographs of doctors concerned. May I ask whether this proposal should be considered by the Medical Council or the Health and Welfare Branch?
SECRETARY FOR HEALTH AND WELFARE: The matter of operational details concerning the practice of medicine is a matter for the Medical Council. However, a matter involving offences under the Ordinance is a matter for the Government.
WRITTEN ANSWERS TO QUESTIONS
Use of Court-room Time
6. MRS ELSIE TU asked: Is the Government aware of the following hearing times in one of the courts in the High Court on three consecutive working days in the month of November last year:
Friday, 18 November — Application for bail lasting about half an hour; Monday, 21 November — Application for bail lasting about half an hour;
Tuesday, 22 November — Plea and judgment lasting not more than one hour;
if so, will the Government inform this Council why such limited use of court-room time has occurred and whether such a situation has resulted in unnecessary delays to other court cases awaiting adjudication?
CHIEF SECRETARY: Mr President, the Judiciary has looked into the case referred to. A five months' trial was originally scheduled for the court in question. A week or so before the trial was due to commence on 7 November 1994, the case was adjourned at the request of the Defence. This resulted in a three week-gap in the diary of that court.
The unexpectedly vacant court days were immediately filled by other trials. The three vacant days referred to in the question arose as a result of the adjournment of a refixed trial because the Accused in that second trial insisted on changing his legal representative.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1537
In a further attempt to fill the court's diary, several injunction applications were set down. These were duly disposed of. This left two vacant days for which no suitable cases could be found.
This case illustrates the problems that can arise because the present listing system assures parties of fixed dates for trials. Court diaries are fixed months in advance. If for whatever reason, a case has to be refixed at short notice, or a case runs for a shorter period than expected or is adjourned, it may not always be possible to fill the unexpected gap in the court diary despite the best efforts of the Judiciary.
The Judiciary recognizes that there is scope for fine-tuning the listing system to improve judicial efficiency. Various initiatives are being explored to enable the filling of odd slots that unexpectedly arise in Judges' diaries, for example, the possibility of launching an interlocutory running list. Furthermore, the Judiciary is also consulting other relevant parties on how to achieve better case management through firmer control of the process of trials and refusal of unnecessary adjournments.
Pollution of Shenzhen River by Landfill
7. MRS PEGGY LAM asked (in Chinese): It is learnt that the Shenzhen municipal government and a local company are planning to set up a joint venture to develop a landfill covering an area of 150 hectares at the Shang Xia Ping valley which is located at the northern end of the Lo Wu District. According to environmentalists, the proposed landfill will further pollute the Shenzhen River. In this connection, will the Government inform this Council whether:
(a) the Environmental Protection Department (EPD) is aware of the details of the development project; if so, whether the EPD will assess the extent of pollution which the project will bring to the Shenzhen River; and
(b) the EPD has started any dialogue with Chinese officials regarding the project?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, the Administration has not been informed that there are plans to develop the landfill referred to. We will try to obtain information on the project however.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1538 Promotion System in the Civil Service
8. MR CHIM PUI-CHUNG asked (in Chinese): In regard to the promotion system in the civil service, will the Government inform this Council:
(a) of the criteria on which the promotion of civil servants is based; (b) whether the details of the criteria can be disclosed; and
(c) whether the policy secretaries promoted recently have satisfied these criteria?
SECRETARY FOR THE CIVIL SERVICE: Mr President, my replies to the three questions raised are as follows:
(a) The criteria for the promotion of civil servants are set out in general terms in the Civil Service Regulations which refer to character, ability, any qualifications prescribed for the promotion rank in question and experience. The regulations require that if no candidate stands out as clearly the most suitable, seniority should then be taken into account. The principle underpinning these regulations is that promotion is not a reward for long service, but a recognition that the officer selected is able and ready to perform the duties of the next higher rank. In line with this principle, individual grades may set out more detailed criteria to meet their particular requirements. In the case of the Administrative Officer Grade, the promotion criteria in the Civil Service Regulations are reflected in what are referred to as the four P's: namely, performance, personality, postability and potential, which are the governing criteria in the selection of Administrative Officers for promotion;
(b) the general promotion criteria are clearly laid down in the Civil Service Regulations. There are also guidelines requiring Heads of Departments/Heads of Grades to inform officers in the lower rank in writing of the holding of a promotion exercise and the criteria for selection for promotion;
(c) the officers recently promoted to the rank of Secretary were selected in accordance with the selection criteria and procedures laid down in the Civil Service Regulations. The four P's referred to in (a) above were the guiding criteria in the selection exercise. These criteria were also used by the posting board which selected and recommended candidates to fill Secretary posts on an acting basis, also recently announced.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1539 Supply of Computer Hardware and Services
9. MR PETER WONG asked: In regard to the Community Electronic Trading Service, will the Government inform this Council of the reasons why the government contractor had withdrawn from the supply of computer hardware and services to Tradelink in which the Government has a 30% interest and why another contractor was then picked to supply the hardware without a re-tendering exercise?
SECRETARY FOR THE TREASURY: Mr President, Tradelink is a private company in which the Government currently holds a 48% interest. Tradelink's original partner for the Community Electronic Trading Service (CETS) was selected in 1993 on the basis that it would best meet Tradelink's requirements following evaluation of a number of proposals from vendors. During negotiation of the detailed contractual arrangements in the course of 1994, it became clear that a number of important differences could not be resolved between Tradelink and its original partner over the terms and conditions for the system integration contract. Both sides therefore agreed to end the negotiations, allowing Tradelink to pursue an alternative solution as quickly as possible. A number of the other original proponents were asked to make further proposals for this purpose and Tradelink selected the one that best met Tradelink's requirements. To launch a tendering exercise ab initio would have been inconsistent with the original selection procedures, would have entailed serious delays to the CETS project and would not have been in the interests of the trading community.
Travel Agents' Access to Buffer Hall at Kai Tak
10. MR HOWARD YOUNG asked: Travel agents often encounter difficulties in picking up arriving overseas tourists in the heavily congested arrival area at Kai Tak Airport. In order to facilitate travel agents to meet their clients from overseas, will the Government inform this Council whether it will consider:
(a) granting permission with certain restrictions to some travel agents for entry to the arrival area buffer zone between the exits and the Customs counters to meet arriving tourist groups;
(b) installing TV-monitors outside the designated exits leading to hotel and travel agents transport, to assist the travel agents in locating their clients; and
(c) putting up more signs indicating the "meeting point" for tourists at the existing airport as well as the future Chek Lap Kok airport?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1540
SECRETARY FOR ECONOMIC SERVICES: Mr President, the restricted access "Buffer Hall", which is located between the Customs and Arrival halls in the Passenger Terminal at Kai Tak Airport, was established in 1978 to facilitate the smooth flow of arriving passengers and provide incoming visitors with an opportunity to seek assistance in finding accommodation or other services without being subject to possible harassment by touts. Facilities located within, or adjacent to the Buffer Hall, include counters manned by staff of the Hong Kong Tourist Association and the Hong Kong Hotels Association and a Tour Group Reception and Co-ordination Centre at which leaders of group tours can make contact with their local counterparts.
As the existing arrangement work well and have been successful in reducing the nuisance and obstruction formerly caused by touts, the Civil Aviation Department considers that the present restrictions on access to the Buffer Hall should be retained. Nevertheless, in order to improve further services for travel agents and arriving tour groups the Department is planning to construct a new holding area adjacent to the Arrivals frontage, to serve arriving passengers awaiting group transportation to their hotels. Subject to approval of the necessary resources, this facility will be provided with seating, air-conditioning and flight information displays and will be accessible to travel agents meeting their clients from overseas.
As regards facilities to assist travel agents, closed-circuit television cameras will be installed at the exits of the Buffer Hall leading to the Arrivals Hall, on a trial basis, starting in mid-May. In addition, large television monitors will be positioned at various locations within the arrivals area. These new systems will help alleviate the congestion often experienced near the passenger arrival ramps by enabling greeters to identify incoming passengers on the television display units before moving towards the greeting area.
As regards signs, the Civil Aviation Department will consider the possible need for additional or improved signage to direct arriving tourists to the "Meeting Point" in the Arrivals Hall at Kai Tak, in consultation with representatives of the travel industry. As regards the new airport, the Provisional Airport Authority has held regular meetings with representatives of the travel industry in order to ensure that their requirements for the Passenger Terminal Building will be met. By way of example, the Buffer Hall at the new airport will be designed to accommodate group assembly areas and information desks in response to requests from the industry that they be able to collect their clients prior to entry into the Meeters/Greeters Hall. Also, tall signage posts displaying large graphic symbols and clear signage pictograms will be used.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1541 Importation of Labour for New Airport Projects
11. MR MICHAEL HO asked (in Chinese): With regard to the importation of labour for the new airport projects, will the Government inform this Council:
(a) of the procedures for the importation of labour for such projects (including the determination of wage rates, approving criteria and ancillary conditions);
(b) of the respective numbers of local and imported workers employed for each of the projects under the Airport Core Programme up to the present moment;
(c) of the types of jobs with imported workers, together with a breakdown of the number of imported workers and their wage levels in each type;
(d) whether the Government has made an estimate of the types of jobs as well as the respective numbers of imported workers required for each type under various airport projects requiring importation of labour in 1996; if so, what are the details of the estimate; and
(e) whether the Government has made an assessment of the impact which an expanded quota of imported workers for the airport projects will have on the wage increase of local construction workers in the next few years; if so, what is the out-come of the assessment?
SECRETARY FOR EDUCATION AND MANPOWER: Mr President, my reply to the Honourable Member's question in seriatim is as follows:
(a) Employers who have been awarded works contracts which qualify for importation of labour under the Special Labour Importation Scheme for Airport Core Projects (ACP) and who wish to do so should first submit a preliminary application to the Immigration Department for permission to import workers. The Immigration Department will consult the Labour Department on employment matters and the New Airport Projects Co ordination Office (NAPCO) to ensure that the number and types of workers to be imported and the proposed employment periods are compatible with the nature of works and the contract period. The vacancies are then registered with the Local Employment Services of the Labour Department and sent to relevant trade unions for information for a minimum period of four weeks in order that local workers are given first priority to apply for them. When the Immigration Department is satisfied that the application to import labour can be approved, a standard employment contract is provided to the
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1542
employers who are required, amongst other conditions, to pay the imported workers wages at a level no less than the allowable median monthly wages of local workers for similar jobs in Hong Kong as determined by the relevant wage statistics compiled and published every six months by the Census and Statistics Department. Once their preliminary applications are approved, the employers involved can then submit formal visa applications for the workers to be imported.
(b) The number and percentage of imported workers vis-a-vis the total number employed for each of the ACP projects up to 31 December 1994 are set out at Annex A.
(c) The cumulative breakdown of imported workers for the Special Labour Importation Scheme for the ACP since it was introduced in 1991 by the types of jobs and corresponding wage levels as at 31 December 1994 is at Annex B.
(d) We have estimated that the total number of workers required for ACP projects when it reaches the peak in 1996 will be 30 000 man-years. This figure has been worked out on the basis of the estimated gross labour demand of three categories of projects, namely, the seven Government ACP projects and the Western Harbour Crossing, Chek Lap Kok Phase 1A works, and the Mass Transit Railway Corporation's contracts for the Airport Railway. The detailed breakdown is at Annex C.
As regards the types of jobs requiring imported workers in 1996, it is not possible to break down the estimated total by types/categories of workers, because the actual types of workers vary with the methods of construction, and they also vary from one contractor to another.
(e) An assessment of the impact on construction wages of a shortage in the supply of construction site workers has revealed that if the additional 17 000 imported workers under Phase 1 of the revised quota ceiling are not available, it is likely that the wage level of the construction industry as a whole will increase more rapidly than it otherwise will by around three percentage points in 1995, seven percentage points in 1996 when construction works on ACP projects reach their peak and 2.5 percentage points when ACP works advance towards completion. It also shows that even with the interim expanded quota ceiling, construction wages in the next couple of years can still be expected to increase at a faster rate than in the past two years.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1543 Annex A
Statistics on workers imported
in each ACP Project
(as at 31 December 1994)
ACP project Imported workers
No. of
No. of workers
Total % of
Imported workers Over total
Route 3 669 1 604 42
Lantau Fixed
Crossing
North Lantau
Expressway
New airport at Chek Lap Kok
West Kowloon
Reclamation
West Kowloon
Expressway
389 1 873 21 622 1 462 43 695 1 765 39 178 922 19 108 784 14
Airport Railway 0 147 0
Central Reclamation Phase 1
Western Harbour Crossing
Tung Chung
Development Phase 1
249 634 39 250 1 544 16 0 222 0
Utilities 41 276 15 Total 3 201 11 233 28.5
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1544 Annex B
Cumulative breakdown of imported workers for ACP Scheme
since it was introduced in 1991
by types of jobs and corresponding wage levels
(as at 31 December 1994)
Job title No. of workers approved Monthly wages*
100-Ton Truck Driver 3 $14,000 160-Ton Excavator Operator 1 $14,500 160-Ton Truck Driver 2 $14,500 50-Ton Truck Driver 8 $12,000 70-Ton Excavator 2 $14,000 Able Seaman 9 $13,300 Administrative Clerk 2 $13,500 Arch Erector Operator 6 $11,220 Assistant E and M Engineer 7 $8,000 Assistant Engineer 22 $7,500 Assistant Fitter 23 $7,100
Assistant Geotechnical Engineering Technician
5 $14,650
Assistant Plant Operator 6 $10,380 Assistant Works Supervisor 4 $19,190 Auto Electrician 2 $12,360 Bamboo Scaffolder 6 $14,140 Batching Plant Labourer 8 $8,940 Batching Plant Operator 6 $10,380 Boatswain 30 $11,000 Bolt Drilling Plant Operator 4 $11,020 Bolt Placing Plant Operator 8 $11,020 Bricklayer 10 $13,210 Bulldozer Operator 22 $14,000 CAD Draughtsman 2 $11,460 Captain 31 $11,000 Carpenter 60 $14,230 Carpenter (Formwork) 218 $13,790 Chainman 6 $9,970 Chargehand 15 $13,600 Chief Cook 2 $9,000 Chief Engineer 18 $11,000 Chief Mate 19 $8,000 Civil Engineering Technician 43 $14,530 Concrete Laboratory Labourer 5 $9,460 Concrete Laboratory Technician 2 $13,230 Concrete Pump Operator 13 $11,320 Concretor 218 $15,250
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1545
Job title No. of workers approved Monthly wages*
Construction Plant Mechanic 124 $11,950 Construction Plant Operator 93 $11,290 Cook 28 $14,400 Crane Banksman 18 $9,460 Crane Driver 3 $11,750 Crane Operator 6 $11,750 Crawler Crane Operator 4 $11,320 Crew 110 $8,000 Deckhand 148 $7,750 Diver 63 $22,590 Diver's Linesman 41 $8,850 Draftsman 10 $12,450 Drainlayer 12 $13,880 Drainlayer Assistant 6 $13,880 Draughtsman 2 $11,460 Dredger Operator/Mechanic 90 $8,710 Dredging Pipe Operator 2 $12,500 Driller 87 $12,720 Driver 10 $9,920 Dumper Operator 23 $11,220 E and M Engineer 8 $8,000 Electrician 33 $11,470 Electrician (Building Contractor) 3 $11,780 Engineer 1 $18,840 Erector 84 $12,770 Excavator Operator 4 $12,402 Fitter 97 $11,290 Fitter (Construction Plant Mechanic) 21 $11,470 Foreman (Contractor) 39 $13,960 Fourth Engineer 20 $6,800 Fuel and Lubricant Technician 4 $10,760 Gantry Crane Operator 4 $9,980 General Labourer 15 $8,940 Geotechnical Engineering Technician 3 $14,650 Grader Operator 10 $11,620 Head Cook 3 $9,080 Heavy Dump Truck Driver 155 $10,920 Hydraulic Plant Operator 24 $11,220 Jumbo Operator 10 $11,020 Kitchen Helper 22 $6,330 Labourer 150 $9,460 Land Surveying Technician 7 $11,280 Launching Girder Electrician 7 $15,000 Launching Girder Mechanic 10 $11,950 Launching Girder Operator 32 $11,220 Launching Safety Supervisor 3 $12,560
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1546
Job title No. of workers approved Monthly wages*
Leveller 110 $10,040 Leveller Assistant 1 $9,460 Linesman 4 $10,160 Loading Shovel Operator 2 $10,380 Marine Construction Crew 2 $5,440 Marine Crane and Dredge Operator 1 $5,970 Marine Engineering Technician 1 $6,600 Mason 20 $13,650 Mechanic 32 $11,520 Mechanic (Plant) 2 $11,470 Mechanical Engineering Technician 28 $10,390 Mechanical Supervisor 2 $13,230 Mess Steward 4 $5,650 Metal Scaffolder 7 $11,950 Metal Worker 28 $12,770 Mine Loader Operator 7 $15,250 Miner 15 $13,450 Mobile Crane Operator 4 $11,320 Mould Installator 79 $12,150 Oiler 109 $13,300 Operator 22 $10,380 Other Operator 12 $11,020 Painter 19 $13,340 Plant and Equipment Operator 46 $11,950 Plant Department Labourer 5 $9,460 Plant Electrician 4 $12,360 Plant Fitter 5 $11,950 Plant Mechanic 40 $14,057 Plant Operator 111 $11,470 Plasterer 22 $13,880 Plumber 3 $13,390 Plumber Assistant 1 $13,390 Precast Erector 210 $10,920 Precast Operative 198 $12,560 Precasting Cell Electrician 5 $11,470 Precasting Cell Mechanic 20 $15,000 Precasting Cell Operator 23 $11,220 Precasting Safety Supervisor 2 $12,560 Prestress Labourer 23 $9,460 Repairing Technician 2 $11,000 Rigger 207 $12,400 Rigger Ganger 3 $13,460 Rigger/Welder 4 $12,000 Rock Driller 3 $15,000 Safety Supervisor 3 $14,650 Scissors Platform Operator 7 $11,020
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1547
Job title No. of workers approved Monthly wages*
Seaman 64 $10,200 Second Engineer 22 $8,000 Second Mate 22 $8,000 Segment Carrier Mechanic 5 $11,470 Segment Carrier Operator 4 $11,220 Segment Lift Operator 7 $11,950 Senior Welder 8 $12,770 Serviceman 6 $10,920 Shotcrete Robot Operator 7 $11,020 Shotfirer 18 $15,480 Site Clerk 3 $7,430 Site Foreman 12 $13,860 Site Secretary 1 $10,840 Steward 1 $12,500 Storekeepers 2 $9,000 Structural Steel Worker 17 $12,770 Superintendent 4 $8,000 Surveying Assistant 1 $9,460 Surveying Technician (Land) 12 $12,310 Surveying Technician (Quantity) 2 $13,790 Surveyor 2 $11,280 Technician 56 $10,760 Third Engineer 25 $8,000 Third Mate 15 $5,100 Tower Crane Operator 8 $9,800 Truck Driver 26 $12,402 Truck Mixer Driver 16 $11,320 Tugboat Master/Crew 267 $8,350 Tyre Fitter 2 $10,810 Unskilled Labourer 203 $11,000 Vessel Operator/Coxwain/Marine Operator 225 $11,290 Vice-Boatswain 32 $7,590 Welder 62 $13,970 Wheel Loader Operator 10 $12,402 Works Supervisor 6 $18,700
* The monthly wage statistics are subject to review by the Census and Statistics Department at half-yearly intervals. The latest published wage figures available at the time when visa applications are received by the Immigration Department shall apply for the purpose of the Scheme.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1548 Annex C
Forecast gross labour demand for all ACP works
(in man-years)
Year 1994 1995 1996 1997 CLK Phase 1A works 2 286 8 083 19 492 4 275 Other CWRF works and WHC 8 154 6 653 3 583 1 478 Airport Railway 950 4 620 6 980 4 820 Total 11 390 19 356 30 055 10 573 Key: CLK Phase 1A works: Chek Lap Kok Phase 1A works
Other CWRF works and WHC: Other Capital Works Reserve Fund Works (Comprising all seven government ACP
projects) and Western Harbour Crossing
Illegal Immigrants in the New Territories
12. MR JAMES TO asked (in Chinese): There have been a number of robberies committed by illegal immigrants (IIs) in remote villages in the New Territories in recent months, causing great concern among the villagers. In connection with this, will be Government inform this Council:
(a) of the IIs arrested in each of the past six months, how many have been involved in robbery cases, and what is the number of such cases per month; and how do these figures compare with those of the same period last year;
(b) how many IIs were intercepted by the police near the border in the past six months and how does this figure compare with that of the same period last year;
(c) whether the number of IIs entering the territory from places near the border is on the increase; if so, what the reasons are;
(d) what difficulties have been encountered by the police in rounding up IIs; and
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1549
(e) what measures will be taken by the police to step up efforts to round up IIs in the border area, thereby safeguarding villagers in remote locations from harassment and losses?
SECRETARY FOR SECURITY: Mr President,
(a) The number of illegal immigrants (IIs) arrested in each of the last six months, the number involved in robbery cases and the total number of robbery cases, compared to the numbers in the same period past year are set out below:
1994 July August Sept Oct Nov Dec (i) No. of II's arrested 2 524 2 628 2 741 2 682 2 766 2 648
(ii) No. of II's involved in robbery cases
(iii) No. of territory-wide robbery cases
7 10 13 11 19 37 536 448 488 572 535 516
1993 July August Sept Oct Nov Dec (i) No. of II's arrested 3 107 3 188 2 942 3 219 3 102 2 996
(ii) No. of II's involved in robbery cases
(iii) No. of territory-wide robbery cases
1 9 1 6 14 19 595 540 588 608 479 561
(b) The number of illegal immigrants arrested by police near the border in the past six months was 4 787. This compares with a total of 5 212 in the same period last year.
(c) The number of illegal immigrants entering Hong Kong was lower in 1994 than in the previous two years.
(d) A number of factors account for the difficulties experienced by the police in the arrest of illegal immigrants. The open sea approaches to the territory and the large number of vessels plying these routes for legitimate reasons provide opportunities for illegal immigrants to enter Hong Kong. The rise in cross-border traffic has provided more opportunities for illegal immigrants. The difficult terrain in the Sha Tau Kok area, with its thick undergrowth, provides good cover for illegal immigrants.
(e) The police have taken a number of measures to step up efforts to arrest illegal immigrants in the border area. The Field Patrol Detachment, consisting of four Police Tactical Unit companies, covers the border area from Tsim Bei Tsui in the west to Sha Tau
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1550
Kok in the east. Three companies are deployed along the border itself on a 24-hour basis. They are deployed in a combination of ambush positions and patrols. The fourth company is designated as a Quick Reaction Force, capable of deploying manpower at short notice to interdict illegal immigrants. In addition, operations based on intelligence are mounted at locations where illegal immigrants are known to be present. Close liaison is maintained with villagers to gather information and to give appropriate advice. The assistance of the Chinese authorities is also enlisted to counter the problem.
Reclamation Works on Both Sides of Victoria Harbour
13. DR SAMUEL WONG asked (in Chinese): Regarding the reclamation works on both sides of the Victoria Harbour, will the Government inform this Council:
(a) of the shortest distance between the Kowloon peninsula and the Central district as well as Wanchai on the Hong Kong Island respectively when the reclamation works are completed;
(b) whether the existing ferry services are being affected by the reclamation works; if so, what the situation is, and when normal operation of the services can resume;
(c) what measures have been taken by the Government departments concerned and the ferry companies to minimize the incidence of accidents involving vessels navigating in the Harbour; and
(d) whether the Government has conducted an environmental impact assessment on how the Victoria Harbour will be affected before and after the completion of the works; if so, what the details of the assessment are?
SECRETARY FOR WORKS: Mr President,
(a) Upon the completion of the reclamation work, the shortest distance between Kowloon peninsula and Central will be 820 metres, and that between Kowloon peninsula and Wan Chai will be 880 metres. This may be sightly reduced if a helicopter landing pad is added.
(b) There is very little effect to the one remaining ferry at West Kowloon. Reclamation works affecting Wan Chai have given rise to increased journey times and a higher incidence of vessel breakdowns, mainly caused by increased debris in the sea. Ferry operators have made extra efforts to cope with the problems so as to
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1551
minimize disruption to passengers, for example, by adjusting berthing arrangements to minimize delays; exploring with engine manufacturers on improving designs to overcome the problem of increased debris; and undertaking more frequent preventive maintenance. The effect on the ferry services in Wan Chai has been kept to the minimum by suitably arranging the sequence of works. The situation would be back to normal in mid 1996 after the reprovisioned pier facilities become available; and for Central services, in mid-1997 after completion of the current phase of Central Reclamation works. For the Jordan Road ferry service, a temporary ferry pier will be provided at the existing Government Dockyard site by February 1996, so that the existing ferry pier can be abandoned for the reclamation works. This temporary arrangement will also allow more time to consider alternative locations of the permanent replacement ferry pier in the context of the Kowloon Point reclamation as envisaged under the Metroplan.
(c) The following measures have been adopted to ensure navigational safety in Victoria Harbour:
— Promulgation of accurate navigational information and safety advice by publication of Marine Department Notices and Notices to Mariners. Navigational information include the boundaries of works areas, the manner of demarcating the limits, nature of works, period of works, establishment of navigational aids, establishment of restricted areas and positions of fairway. Safety advice includes professional guidance on speed of vessel, observance of good seamanship and how to avoid navigational hazards.
— Making announcements of traffic arrangements on radio and television.
— Establishment of navigational lightbuoys to enable more precise segregation of opposite traffic and to avoid crossing traffic.
— Removal of mooring buoys to provide more navigable space.
— Diversion of ocean-going traffic away from heavy traffic area of the harbour.
— Cancellation of speed restriction exemption when navigating in central harbour. Stepping up prosecutions against overspeeding.
— Giving specific directions to works contractors regarding movement of works vessels.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1552
— Diversion of fairways to guide vessels to keep a safe distance from works area.
— Increase in the presence of patrol launches in harbour waters by commissioning three fast patrol launches and prolonging the operational hours of existing patrol launches.
— Keeping ferry (including local ferries, Macau ferries and China ferries) operators up to date on the traffic situation, and getting them involved in planning changes.
— Raising the safety awareness of vessel operators.
(d) An assessment of the environmental implications of the reclamation in Victoria Harbour was conducted as part of a series of studies including the Harbour Reclamations and Urban Growth Studies completed in 1982, and Port and Airport Development Strategy and the Central and Wan Chai Reclamation Feasibility Study, both completed in 1989. Detailed modelling of water quality implications of the reclamation was also carried out as part of Sewage Strategy Study completed in 1989, the Engineering Studies on Strategic Sewage Disposal Scheme Stage 1 and the current review of the Strategic Sewage Disposal Scheme Stage 2.
For the reclamation strategy currently adopted, the results indicate there would be a reduction in flow through the Victoria Harbour of up to 15%. However, with the implementation of the sewerage master plans, the Strategic Sewage Disposal Scheme as well as an early declaration of Victoria Harbour as a Water Control Zone, water quality in the harbour can be within the established criteria.
Traffic Accidents in Tunnels
14. MRS MIRIAM LAU asked (in Chinese): Regarding the adoption of the one-tube two-way-traffic arrangement in the territory's road tunnels during certain periods of time, will the Government inform this Council:
(a) of the number of traffic accidents which occurred in tunnels during the periods when such an arrangement was in force, together with the respective figures of casualties and fatalities, in the past three years;
(b) what measures are being put in place to prevent traffic accidents in tunnels during such periods; and
(c) whether such measures will be reviewed so as to reduce the number of traffic accidents?
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1553 SECRETARY FOR TRANSPORT: Mr President,
(a) There were 36 traffic accidents in tunnels in 1992 whilst the one-tube two way arrangements were in operation. In 1993 there were 44 and in 1994 there were 38. The numbers of casualties were as follows:
1992 1993 1994
Fatal injuries 2 1 4
Serious injuries 32 18 30
Minor injuries 51 56 53
--- --- ---
85 75 87
== == ==
(b) Road tunnels need to be regularly cleaned and inspected, for example, so that the electrical and mechanical equipment and services within the tunnels can be maintained, repaired and replaced as necessary. The least disruptive time to carry out such work is at night by closing one tube of each tunnel. Consideration has been given to restricting passage to a one way traffic flow. However, there are operational constraints and this would also cause considerable inconvenience to motorists.
To reduce the likelihood of accidents occurring when one tube is used for two-way traffic, the following arrangements are now adopted as far as possible:
(i) cleansing and maintenance works carried out between 1.00 am and 6.00 am, when traffic is light;
(ii) no tunnels are closed at weekends, on long holidays, or on the eve of long holidays;
(iii) before and during closure, adequate warning traffic signs, cones and flashing beacons are provided at strategic locations to alert
motorists;
(iv) a lower speed limit of 50 km per hour is imposed, and radar speed checks are carried out;
(v) road safety messages are broadcast within the tunnels; and
(vi) enforcement of the tunnel regulations is strengthened, including more frequent mobile patrols.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1554
(c) These measures are regularly reviewed by the tunnel management, the traffic police and the Transport Department, to ensure that everything possible is done to reduce the incidence of traffic accidents.
The police have reason to suspect that some serious accidents in tunnels at night have been caused by drunken drivers. I expect to introduce legislation into this Council to tighten the law on drinking and driving during the current Session.
Planning for Future Child Services
15. MR LAM KUI-CHUN asked (in Chinese): Regarding the planning for the future provision of child services in the territory, will the Government inform this Council of:
(a) the respective planning periods for the provision of places in primary schools, day nurseries and day creches; whether the planning for such services has taken into account the number of children born to Hong Kong residents in China who will come to Hong Kong for settlement in the future;
(b) the anticipated demand for each of the three kinds of services during the planning period; and
(c) the projected changes in the birth rate of the local population up to the year 2046?
SECRETARY FOR HEALTH AND WELFARE: Mr President, the reply is as follows:
(a) Generally speaking, the planning period for the provision of places in primary schools is five years. As is set out in the White Paper, "Social Welfare into the 1990s and Beyond", the provision of aided day nursery and day creche places has been planned for the period 1991-92 to 1999- 2000. The planning for all of these places has taken into account an estimate of the number of children in China born to Hong Kong residents who will be eligible to settle in Hong Kong in future.
(b) To meet demand for primary school places in the present planning period 1994-95 to 1998-99, 31 new primary schools are planned to be built. The anticipated demand for aided day nursery places is estimated to be about 30 000 bay 1999-2000; for aided day creche places, it is estimated to be 3 000.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1555
(c) The crude birth rate (the number of live births in a year divided by the mid-year population of the same year) of Hong Kong in 1993 was 12.0 per 1 000 population. This rate in expected to rise to 12.8 in 2014, to 13.2 in 2021 and to level out thereafter at about 13.0 with only slight fluctuations.
Comprehensive Review of Occupational Health and Safety
16. MR TAM YIU-CHUNG asked (in Chinese): Regarding the comprehensive review of the present system for ensuring occupational health and safety, will the Government inform this Council:
(a) what sorts of persons will be invited to join the newly established inter departmental committee headed by the Secretary for Education and Manpower, and how the selection criteria are determined;
(b) in regard to the other committee which will be set up under the chairmanship of the Commissioner for Labour to study the feasibility of extending the general duties provisions under the Factories and Industrial Undertakings Ordinance to cover non-industrial premises, what criteria will be adopted in the selection of representatives from trade unions and the business sector to join this committee;
(c) whether members of the Occupational Safety and Health Council will be invited to join these two committees; and
(d) what is the scope of review of each of the two committees; and when the reviews will be completed?
SECRETARY FOR EDUCATION AND MANPOWER: Mr President, my reply to the Honourable Member's question seriatim is as follows:
(a) The Steering Group on Industrial Safety which is chaired by the Secretary for Education and Manpower comprises representatives from all Policy Branches and government departments reponsible for enforcing safety legislation and promoting industrial safety. The membership list is at Annex A. Representatives of non-governmental bodies will also be invited to attend meetings of the Steering Group as and when necessary.
(b) The membership of the ad hoc committee on "general duties" provisions under the Factories and Industrial Undertakings Ordinance is at Annex B. This committee consists of members nominated by the Labour Advisory Board representing employers'
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1556
and employees' interest. It also includes representatives nominated by various non-industrial trade bodies, and representatives of major trade unions and employees organizations which have an interest in the review.
(c) The executive director of the Occupational Safety and Health Council is a member of the Working Group on Education and Training formed under the Steering Group on Industrial Safety.
The ad hoc committee on "general duties" provisions under the Factories and Industrial Undertakings Ordinance consists of a member who is also a member of the Occupational Safety and Health Council. Representatives of the Occupational Safety and Health Council will also be invited to attend meetings of this committee as and when necessary.
(d) The terms of reference of the Steering Group and the ad hoc committee are at Annexes C and D. Both reviews are expected to be completed by mid 1995.
Annex A
Steering Group on Industrial Safety
Membership List
Chairman — Secretary for Education and Manpower
Members — Secretary for Works or his representative
Secretary for Planning, Environment and Lands or his representative
Deputy Secretary for Education and Manpower
Commissioner for Labour
Director of Buildings or her representative
Director of Electrical and Mechanical Services or his representative
Director of Housing or his representative
Secretary — Principal Assistant Secretary for Education and Manpower
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1557 Annex B
Ad hoc Committee on
Extension of "General Duties" Provisions
to Non-industrial Establishments
Membership List
Chairman — Assistant Commissioner for Labour (B)
Members — two nominated from among the LAB's employee representatives two nominated from among the LAB's employer representatives
one representative from Retail Management Association
one representative from the Hong Kong Association of Banks
one representative from the Hong Kong Exporters' Association
one representative from the Real Estate Developers Association of
Hong Kong
one representative from the Hong Kong Federation of Trade
Unions
one representative from the Hong Kong and Kowloon Trades
Union Council
one representative from the Federation of Hong Kong and
Kowloon Labour Unions
one representative from the Hong Kong Confederation of Trade
Unions
Secretary — Labour Officer (Factory Inspectorate)
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1558 Annex C
Steering Group on Industrial Safety
Terms of Reference
(a) To review the respective roles and responsibilities of all key players in industrial safety with a view to clarifying and where necessary, redefining such roles and achieving better co-ordination.
(b) To review the provisions of industrial safety legislation and to consider whether any changes should be made to the scope and nature of such legislation and the possible scope of change.
(c) To review the existing organizational arrangements for enforcing industrial safety legislation and to consider whether any changes should be made and the resource implications.
(d) To recommend measures to enhance the standard of industrial safety and to build up a safety culture.
Annex D
Ad hoc Committee on
Extension of "General Duties" Provisions
to Non-industrial Establishments
Terms of Reference
To consider whether the "general duties" provisions under the Factories and Industrial Undertakings Ordinance should be extended to all establishments not yet covered by the Ordinance and to make recommendations to the Commissioner for Labour.
Forgery of Bank Notes
17. MR HENRY TANG asked (in Chinese): It is reported that the forgery of banknotes by criminal elements using advanced technology has become a serious problem in recent years, particularly in the case of forged United States banknotes which constitute 80% of the total number of forged banknotes seized by the interpol. In this connection, will the Government inform this Council:
(a) whether triad syndicates in the territory are involved in the forgery of banknotes activity; if so, whether the Government has taken measures to tackle the problem, and how many forged banknotes have been seized in the past three years;
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1559
(b) of the number of forged banknotes in circulation in the territory found by the police within the past three years, and whether the users of such banknotes have been charged by the police; if not, why not; and
(c) what methods the police are adopting to differentiate between forged and genuine banknotes, and whether such methods can identify banknotes forged by crime syndicates using advanced technology?
SECRETARY FOR SECURITY: Mr President,
(a) The police assess that counterfeit currency syndicates may include triad society members, but counterfeiting is not necessarily, or primarily, a triad crime.
The police maintain close liaison with banks and financial institutions to help discover forged bank notes, and conduct regular operations to seize such bank notes and arrest the counterfeiters.
The number of forged bank notes seized in 1992 was 13 623; in 1993, it was 93 180; and in 1994, it was 16 577. In 1993 there were two major seizures of 49 765 and 37 252 counterfeit bank notes.
(b) The police do not have separate statistics for the number of forged bank notes in circulation.
Anyone manufacturing, distributing or using forged bank notes is prosecuted when sufficient evidence exists to support a charge. Between 1991 and 1994, 28 persons were charged with uttering forged bank notes in Hong Kong, and 11 persons with forgery of banknotes.
(c) Identification of forged bank notes in Hong Kong is undertaken by the Police Force's counterfeit currency experts, who are well equipped with the technology required. These experts are capable of identifying all types of forged bank notes.
Transferring Released Convicts by Helicopter
18. MR FRED LI asked (in Chinese): The former Deputy Crown Prosecutor. Mr Warwick Reid, was released recently after serving his jail sentence. He was deported immediately upon release and was flown in a helicopter direct from the Siu Lam Psychiatric Centre to Kai Tak Airport. The transport cost of the
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1560
trip, which lasted only eight minutes, was about $14,000. In this connection, will the Government inform this Council of the following:
(a) whether there were any precedent cases of the use of a helicopter to carry an offender; if so, what the details were;
(b) if the answer to (a) is in the negative, what were the reasons for the use of a helicopter to transport Mr Warwick Reid to the airport; and
(c) whether helicopters will be used to transport tainted witnesses on all occasions in the future?
SECRETARY FOR SECURITY: Mr President, the estimated cost of the use of the helicopter was $6,500; not $14,000.
(a) There is one precedent. In January 1975, Mr Peter GODBER — the former Chief Superintendent of Police — was extradited from the United Kingdom on corruption charges. On arrival in Hong Kong, he was flown by helicopter from Kai Tak to Hong Kong Island, and then transferred by road to Central Court.
(b) When Mr Peter GODBER was released from prison in 1977, he was transferred to the Airport by road. In the course of this journey, the media pursued the transfer vehicle in such numbers and with such recklessness that they endangered other road users and caused an accident. We took into account these events in our planning for Mr REID's transfer; we would have had to deploy substantial police resources if transfer had been by road. Use of a helicopter was cost-effective and in the interests of safety.
(c) No. We will consider each case on its merit.
Review of Operation of Elderly Services Division
19. MR ERIC LI asked (in Chinese): Will the Government inform this Council of the following:
(a) when will the Government complete its review of the operation of the Elderly Services Division in the Health and Welfare Branch, including whether or not a central committee on services for the elderly should be set up;
(b) of the channels through which the public will be consulted during the review period regarding the public's evaluation of the Elderly Services Division; and
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1561
(c) whether the content of the report will be made public upon the completion of the review; if not, what are the reasons?
SECRETARY FOR HEALTH AND WELFARE: Mr President,
(a) The Elderly Services Division in the Health and Welfare Branch was set up shortly after Finance Committee approved the creation of the post for the head of the Division in October 1994. It has, therefore, only recently started its task of overseeing the implementation of the recommendations of the Working Group on Care for the Elderly. The Division is likely to need at least the coming three years to take forward its work. Its effectiveness in so doing will be under constant monitoring and review by both myself and my deputies to whom the head of the Division reports. Whether or not a central committee on services for the elderly should be set up will depend largely on the effectiveness of the new Division in carrying out its tasks.
(b) In addition to being monitored from within the Administration, the work of the Elderly Services Division will, I am sure, also be closely monitored by many outside the Administration, including Members of the Legislative Council. All those affected by the implementation of the Working Group's recommendations will also be well placed to assess the effectiveness of the Division's work and well-established channels exist for non-governmental organizations and service providers to express their views on the way in which the Working Group's recommendations should be implemented. Service users will also be watching closely the implementation process and they, too, have many channels open to them to express their views on it.
(c) In the ways I have described, the work of the Elderly Services Division will be subject to constant review and monitoring from both within and outside the Administration. The impact of its work will affect all those concerned in providing or receiving welfare services for the elderly. The Administration will listen carefully to any views expressed regarding the effectiveness or otherwise of the Division's work. It will take into account these views in reviewing in due course whether the establishment of a central committee on services for the elderly is needed.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1562 MOTIONS
JUDICIAL SERVICE COMMISSION ORDINANCE
THE CHIEF SECRETARY moved the following motion:
"That the First Schedule to the Judicial Service Commission Ordinance be amended -
(a) by adding "Chief District Judge" before "District Judge";
(b) by adding "Chief Magistrate" before "Principal Magistrate";
(c) by adding "Principal Presiding Officer, Labour Tribunal" before "Presiding Officer, Labour Tribunal";
(d) by adding "Principal Adjudicator, Small Claims Tribunal" before "Adjudicator, Small Claims Tribunal".
She said: Mr President, on 8 July 1994, the Finance Committee of this Council approved the recommendation of its Establishment Subcommittee that four new Judicial Officer ranks and posts should be created under the Court Leadership Scheme. These four new judicial officers are Chief District Judge, Chief Magistrate, Principal Presiding Officer, Labour Tribunal and Principal Adjudicator, Small Claims Tribunal.
Section 2 of the Judicial Service Commission Ordinance specifies the term "Judicial office" as any judicial office specified in the First Schedule to the Ordinance. The Schedule now needs to be amended to include the four new judicial offices approved by the Finance Committee on 8 July. In accordance with section 14 of the Judicial Service Commission Ordinance, the amendments to the Schedule now require the approval of this Council by resolution.
Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1563 MAGISTRATES ORDINANCE
THE SECRETARY FOR ECONOMIC SERVICES moved the following motion:
"That the Third Schedule to the Magistrates Ordinance be amended by repealing paragraph 2 and substituting -
"2. Rabies
An offence against section 23 (Dogs to be kept under control) of the Rabies Ordinance (Cap. 421) or section 20 (Dogs to be licensed) of the Rabies Regulation (Cap. 421 sub. leg.)."."
He said: Mr President, I move the motion standing in my name in the Order Paper which proposes that the Third Schedule to the Magistrates Ordinance (Cap. 227) be amended by resolution of this Council pursuant to section 18E(4) of the Ordinance.
Section 18E of the Ordinance provides that the defendant may plead guilty by letter to those offences specified in the Third Schedule. Item 2 in the Third Schedule specifies offences under regulation 3 (unlicensed dogs) and regulation 19 (improper control of dogs) of the Dogs and Cats Regulations (Cap. 167) as offences to which the defendant may plead guilty by letter. These two regulations have now been repealed and substituted by equivalent offences under the Rabies Ordinance (Cap. 421) and the Rabies Regulation. It is accordingly proposed that the Magistrates Ordinance should be amended by resolution of this Council to delete the references to the Dogs and Cats Regulations and to replace them by the references to the two equivalent offences under the Rabies Regulation.
Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
INTERPRETATION AND GENERAL CLAUSES ORDINANCE THE SECRETARY FOR CONSTITUTIONAL AFFAIRS moved the following motion:
"That the Boundary and Election Commission (Registration of Electors) (Functional Constituencies and Election Committee Constituency) Regulation, published as Legal Notice No. 585 of 1994 and laid on the table of the Legislative Council on 16 November 1994, be amended as shown in the Schedule.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1564 SCHEDULE
1. Registration officer to require information
Section 6 is amended by adding -
"(5) Notwithstanding subsections (1) and (2), for the purpose of sending a notification, the only information the registration officer may require under subsection (1) in relation to a company, partner, partnership, sole proprietor, or employer or other organization or body is -
(a) the nature of the business carried on by such
company, partner, partnership, sole proprietor, or
employer or other organization or body, or if more
than one business is carried on, the nature of the
principal business;
(b) the name and identity card number of any working
person thereof or, in the case of an employer,
employed by him.".
2. Powers and procedure on application for
registration in provisional register
Section 10 is amended -
(a) in subsection (1) by repealing "and (4)" and substituting ", (4) and (10)";
(b) by repealing subsection (9)(a);
(c) in subsection (9)(c) by repealing "referred to in paragraph (a)," and substituting "(other than the Social Welfare
functional constituency) in registering electors under
subsection (10)),";
(d) by adding -
"(10) The following shall apply as regards
the registration in a functional constituency (other
than the Social Welfare functional constituency) of
the maximum number of electors in relation to a
company, partnership, or other organization or body
or trade union -
(a) if the number of applications -
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1565
(i) from eligible persons
(excluding any person
to whom a restriction
in section 14 of the
Legislative Council
(Electoral Provisions)
Ordinance (Cap. 381)
applies);
(ii) for such registration in
relation to a particular
company, partnership,
or other organization
or body or trade union;
and
(iii) received by the
registration officer on
or before 1 May,
exceeds the maximum number,
the registration officer shall
draw lots, as soon as
practicable after 1 May, in
such manner as he considers
appropriate, to determine the
applicants (whose number
shall be equal to the maximum
number) entitled to be
registered in relation to that
company, partnership, or other
organization or body or trade
union and register those so
determined to be entitled;
(b) as soon as practicable after a
draw under paragraph (a), the
registration officer shall
inform any eligible person
who by reason of the draw is
not entitled to be registered -
(i) of the result of the
draw;
(ii) that he may apply for
registration as an
elector in relation to
another company,
partnership,
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1566
or organization or body
or trade union, if he is
eligible to do so and if
the maximum number
of electors has not been
registered in relation
thereto;
(iii) that he may apply for
registration in another
functional constituency,
not being a
constituency subject to
a maximum number, if
he is eligible for such
registration;
(c) if the number of applications -
(i) from eligible persons
(excluding any person
to whom a restriction
in section 14 of the
Legislative Council
(Electoral Provisions)
Ordinance (Cap. 381)
applies);
(ii) for such registration in
relation to a particular
company, partnership,
or other organization
or body or trade union;
and
(iii) received by the
registration officer on
or before 1 May,
is less than or equal to the
maximum number, the
registration officer shall
determine as regards each
applicant concerned whether
or not he is entitled to be
registered in relation to that
company, partnership, or other
organization or body or trade
union and register those he
determines to be so entitled;
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1567
(d) if on 1 June, in relation to a
particular company,
partnership, or other
organization or body or trade
union -
(i) no applicants have
been registered as
electors; or
(ii) the number of
applicants registered
pursuant to paragraph
(c) (referred to as
"registered applicants"
in this paragraph and
paragraph (e)) is less
than the maximum
number,
and the number of applications
received by the registration
officer for such registration
from eligible persons
(excluding any person to
whom a restriction in section
14 of the Legislative Council
(Electoral Provisions)
Ordinance (Cap. 381) applies)
after 1 May and on or before 1
June (whether such
applications are made
pursuant to paragraph (b)(ii)
or otherwise) -
(A) in the case referred to
in subparagraph (i),
exceeds the maximum
number; and
(B) in the case referred to
in subparagraph (ii),
exceeds the difference
between the maximum
number and the
number of registered
applicants,
the registration officer shall
draw lots, as soon as
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1568
practicable after 1 June, in such
manner as he considers
appropriate, to determine the
applicants (whose number shall
be equal to the maximum number
or the difference between the
maximum number and the
number of registered applicants,
as the case may be) entitled to be
registered in relation to that
company, partnership, or other
organization or body or trade
union and register those so
determined to be entitled;
(e) if on 1 June, in relation to a
particular company, partnership,
or other organization or body or
trade union -
(i) no applicants have been
registered as electors; or
(ii) the number of registered
applicants is less that the
maximum number,
and the number of applications
received by the registration
officer after 1 May and on or
before 1 June for such
registration from eligible persons
(excluding any person to whom a
restriction in section 14 of the
Legislative Council (Electoral
Provisions) Ordinance (Cap. 381)
applies) is -
(A) in the case referred to in
subparagraph (i), equal
to or less than the
maximum number; and
(B) in the case referred to in
subparagraph (ii), equal
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1569
to or less than the
difference between the
maximum number and
the number of
registered applicants,
the registration officer shall
determine as regards each
applicant concerned whether
or not he is entitled to be
registered in relation to that
company, partnership, or other
organization or body or trade
union and register those he
determines to be so entitled;
(f) as soon as practicable after a
draw under paragraph (d), the
registration officer shall
inform any eligible person
who by reason of the draw is
not entitled to be registered, of
the result of the draw;
(g) where the registration officer
receives an application for
registration pursuant to
paragraph (b)(ii), if the
applicant -
(i) is not registered
pursuant to paragraph
(d) or (e); and
(ii) has also made an
application pursuant to
paragraph (b)(iii) for
registration in another
functional
constituency,
the registration officer shall
determine whether such
person is entitled to be
registered in that functional
constituency, as if the
application had been made
under section 9;
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1570 (h) in this subsection -
(i) "maximum number"
(最高限額) means, in
relation to a company,
partnership, or other
organization or body or
trade union, the
number specified in
Note (7) or (8), as may
be appropriate, as the
maximum number of
persons that can be
registered as electors in
a functional
constituency in relation
to such company,
partnership, or other
organization or body or
trade union; and
(ii) the references to "1
May" and "1 June"
shall be construed as 1
May and 1 June
respectively in the year
for which the relevant
provisional register is
being compiled.".
3. Offences and penalties
Section 23(4) is amended -
(a) in paragraph (a) by adding "commits an offence and is
liable to a fine at level 2" after "section 6(4)";
(b) in paragraph (b) by repealing "particular," and substituting "particular commits an offence and is liable to a fine at
level 2 and, where it is committed by an individual, to
imprisonment for 6 months.";
(c) by repealing everything after paragraph (b)."
He said: Mr President, I move the resolution standing in my name in the Order paper.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1571
The purpose of the resolution is to amend the Boundary and Election Commission (Registration of Electors) (Functional Constituencies and Election Committee Constituency) Regulation which was tabled in this Council on 16 November. This Council set up a subcommittee to study the Regulation after Members expressed concern over some of the provisions relating to the detailed arrangements for registering electors in the nine new functional constituencies (FCs). The Administration and the Registration and Electoral Office met the subcommittee on three occasions to discuss Members' concerns and to explore ways to address such concerns. The proposed amendments, which have been fully endorsed by the Boundary and Election Commission (BEC), are the result of those useful discussions.
If I may recap, the registration of electors for the nine new FCs will mainly be operated through a simple notification system. The success of this system relies on the co-operation of the employers in providing some basic information about their employees eligible to vote in the nine new FCs. Some Members are of the view that although employers' co-operation is necessary, they should not be unduly burdened when it comes to the provision of information. Members consider that only the basic information should be obtained for the purpose of registering the electors. This actually has all along been the BEC's guiding principle and it is not adverse to having it spelt out even more precisely. Thus, to put employers' mind at ease, the Commission has agreed to amend section 6 of the Regulation to provide expressly that, for the purpose of sending notification under section 7 of the Regulation, the Registration Officer can only obtain from an employer information on the nature of business of an organization, as well as the names and identity card numbers of his employees. The power of the Registration Officer under the rest of section 6 of the Regulation will still be needed to allow him to obtain other information from relevant persons and organizations to update and improve the accuracy of the voter register.
Members have also expressed concern over the first-come-first-served arrangement in the BEC Regulation for registering up to six individual electors (or four in the case of trade unions) to replace the previously single corporate vote. They are concerned that the Registration Officer might have a problem in selecting which applicants to register if the number exceeds the quota, if they all arrive at the same time. Or that the later arrivals are the ones that have the endorsement of the organization after a due process of internal agreement. The BEC has acknowledged the validity of the concern and has decided to replace the first-come-first-served method of registration by the drawing of lots if the quota is exceeded. As some applicants may be eligible for representing more than one corporate entity, provisions are also made to allow them to register under another firm or organization if they fail to be included after the first draw. To allow this to happen, the first draw will be held shortly after 1 May for this category of applicants in the amended Regulation. As a final safeguard, those applicants who are by themselves eligible to register in their own personal capacity in one of the non corporate functional constituencies, had they not been required to represent a corporate body, will be encouraged to fill
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1572
out a stand-by application so that even if they eventually fail to get registered under an organization, their individual right to register as an elector for a FC will not be negated. The BEC and Registration and Electoral Office will explain the procedure to corporate voters in detailed guidelines to be issued during the registration period.
Finally, some Members have difficulties with the penalty provision of six months' imprisonment for an employer's failure to provide the Registration Officer with information about his employees within the specified time. It is considered that the gravity of the offence should not attract such a severe punishment. While the original penalty provision of level two fine ($5,000) and six months' imprisonment can be found in other similar legislative provisions, the BEC has agreed to delete the penalty provision of imprisonment under section 23(4) to allay employers' worry. I understand Members are of the opinion that wilful supply of false or incorrect information to the Registration Officer should still be subject to more severe sanction and therefore the level two fine and six months' imprisonment penalty of such wilful offences have been retained.
Mr President, the registration of electors for the FCs, in particular the nine new functional constituencies, will be an onerous task as the electorate will encompass all eligible persons in our workforce of over 2.9 million. With the next Legislative Council elections scheduled to take place on 17 September, the BEC is operating under a very tight timetable. But registration work can only start upon the passage of this particular Regulation. I believe the proposed amendments have adequately addressed the concerns of Members and I urge them to give their support to this resolution.
Mr President, I beg to move.
Question on the motion proposed.
MR TAM YIU-CHUNG (in Cantonese): Mr President, the Boundary and Election Commission (Registration of Electors) (Functional Constituencies and Election Committee Constituency) Regulation, was first tabled in the Legislative Council on 16 November 1994. This Council soon set up a subcommittee, of which I was chairman, to study the Regulation. During the first meeting, it was resolved that the subcommittee needed more time to study the provisions of the Regulation. Hence, it was then agreed at the Legislative Council sitting on 14 December 1994 that the period for amending the Regulation be extended until 11 January 1995.
Thereafter, the subcommittee held two meetings mainly to study the arrangement for registration of electors in functional constituencies. Three main issues were raised by Members. First, section 6. Members thought that the powers given to the registration officer were too extensive and that such powers should be restricted. Second, section 9 and section 10(9). Individual
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1573
electors will replace corporate electors in some existing functional constituencies. In regard to the existing arrangement for the registration of electors in functional constituencies, Members were of the view that when the number of directors of a company or the number of members of a workers' union exceeds the upper limit, the proposed arrangement of first-come-first-served should be replaced by the drawing of lots. Finally, section 23 Members thought that the provision of sentencing an employer to six months' imprisonment upon his failure to provide information on his employees within the specified period should be abolished. The Government has accepted Members' suggestions and would move amendments to the Regulation in order to implement the proposed amendments. Mr President, if Members accept the amendments which the Government intends to move, the subcommittee advises Members to support the Regulation.
Mr President, although I am Chairman of the subcommittee, I will not vote on the Regulation because it was formulated on the basis of Governor PATTEN's "three violations" political reform package. Although it is a fact that the package was passed in this Council and that elections at various levels have also commenced one after another, I will not vote on the Regulation in order to show my dissatisfaction with the political reform package.
Mr President, these are my remarks.
Question on the motion put and agreed to.
BILLS
First Reading of Bills
EXCHANGE FUND (AMENDMENT) BILL 1994
WASTE DISPOSAL (AMENDMENT) BILL 1994
SHIPPING AND PORT CONTROL (AMENDMENT) BILL
1994
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
EXCHANGE FUND (AMENDMENT) BILL 1994
THE FINANCIAL SECRETARY moved the Second Reading of: "A Bill to amend the Exchange Fund Ordinance."
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1574
He said: Mr President, I move that the Exchange Fund (Amendment) Bill 1994 be read a Second time.
The Bill seeks to modernize certain provisions in the Exchange Fund Ordinance with a view to enhancing the robustness of the legal framework for monetary management and for the prudent management of the Exchange Fund.
The Bill covers six main areas. First, in relation to monetary management, Members will be aware that in the past few years, we have implemented a number of monetary reform measures to strengthen our ability to maintain exchange rate stability under the linked exchange rate system. One of the important milestones was the "Accounting Arrangements" introduced in 1988. There is a contractual arrangement between the Financial Secretary as the controller of the Exchange Fund, and the Hongkong Bank as the Management Bank of the Clearing House of the Hong Kong Association of Banks. Under the Accounting Arrangements, the Hongkong Bank is required to maintain an account with the Exchange Fund, and to manage the net clearing balance of the rest of the banking system in such a way that it does not exceed the balance in its own account with the Exchange Fund.
The Accounting Arrangements have worked very well. They have provided the Monetary Authority with a mechanism to control the level of interbank liquidity. This enables us to effectively influence interbank interest rates for the purpose of ensuring exchange rate stability. Given the significance of this monetary reform measure, it is important that it be provided a statutory backing. The Bill seeks to achieve this by conferring upon the Financial Secretary the authority to require any authorized institution to open an account with the Monetary Authority for the account of the Exchange Fund. The terms and conditions of operating the accounts will be determined with regard to the purposes of the Fund, as laid down in sections 3(1) and (1A) of the Ordinance.
This requirement will also facilitate the adoption in Hong Kong of a new and more robust interbank payment system, technically known as the Real Time Gross Settlement System. The conceptual design of this system, which has been endorsed by the Hong Kong Association of Banks and the Exchange Fund Advisory Committee, will involve all licensed banks opening clearing accounts with the Monetary Authority.
While we have enhanced the robustness of our monetary management system through the Accounting Arrangements and other reform measures, we still need the assurance that sufficient funds can be raised at short notice to defend the exchange rate of our currency in a crisis situation. This is the second area covered by the Bill. Section 3(3) of the principal Ordinance provides that the Financial Secretary may borrow for the account of the Fund on the security of any assets held by the Fund or on the General Revenue. Such borrowings are, however, subject to a limit of HK$50 billion in section 3(4), which can only be amended through a resolution of this Council. This constraint is undesirable as we cannot afford any delay in raising sufficient US dollars in a pressing
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1575
situation. I therefore propose to disapply the limit to borrowings which are secured on the Fund's assets. It is, however, considered appropriate that the approval of this Council should still be sought on the maximum amount of the Fund's borrowings secured on the General Revenue.
I now turn to the third aspect of the Bill, which is related to the investment power of the Exchange Fund. Over the years, a number of new financial products such as interest rate swaps, currency options and bond futures have become widely used in international financial markets. As these financial products provide very useful vehicles for the Exchange Fund to hedge interest rate and market risks, I propose to broaden the investment ambit of the Exchange Fund so that the Financial Secretary may enter into a wider range of financial arrangements.
Mr President, perhaps some Members may wish to remind us of what happened in Orange County in California. Let me reassure Members that there are two safeguards in the Bill against the Exchange Fund engaging in high risk financial activities. First, the financial arrangements can only be entered into for the prudent management of the Fund, that is, for hedging purposes. Secondly, there will be prior consultation with the Exchange Fund Advisory Committee before the Financial Secretary can enter into such arrangements.
The fourth aspect of the Bill deals with the mechanism for a transfer of "excess assets" of the Exchange Fund to the General Revenue and other funds of Hong Kong, as stipulated in section 8 of the principal Ordinance. The present section 8 was an addition in 1964. The purpose was to enable the Financial Secretary, subject to consultation with the Exchange Fund Advisory Committee and with the approval of the Secretary of State, to devote such assets of the Fund which have become surplus to the requirements of the Fund to the General Revenue or to any other funds of Hong Kong as the Secretary of State may approve. The reason for the introduction of this measure was to avoid the excessive accumulation of assets in the Fund.
At the time, it was considered that a 105% cover for the Certificates of Indebtedness outstanding, in other words the amount of bank notes issued, would be adequate for the requirements of the Fund. Section 8 was later amended in 1968 to require a 105% cover not only for the face value of Certificates of Indebtedness outstanding but also borrowings for the account of the Exchange Fund.
It is therefore clear that the spirit of section 8 has always been that a transfer from the Exchange Fund can be made only when there are assets surplus to the requirements of the Fund. This is a sound and prudent principle which should continue to apply. However, the quantitative measure in section 8 as to what is adequate for the requirements of the Fund has become itself rather inadequate with the passage of time. First, Hong Kong's monetary system has undergone considerable changes since 1964. Exchange controls were totally abolished in 1973. A freely convertible currency, no exchange controls and
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1576
free flow of capital have become important features of our monetary system. These features have been enshrined in the Joint Declaration and the Basic Law.
Secondly, exchange rate stability under the framework of the linked exchange rate system has become our primary monetary policy objective since October 1983. Section 3(1A) of the Exchange Fund Ordinance was also introduced in 1992 to include as the secondary purpose of the Fund the maintenance of the integrity and stability of the monetary and financial systems. Thirdly, there has been phenomenal growth in financial activities worldwide, involving huge flow of funds in an increasingly deregulated environment. The maintenance of currency stability now involves more than just full backing for bank notes and other borrowings.
In order to reflect more fully the original spirit of section 8, I propose to clarify and tighten the conditions under which a transfer from the Fund can be made. The proposed amendment requires that the Financial Secretary must satisfy himself that his ability to achieve the purposes of the Fund laid down in the Ordinance will not be adversely affected before he can make a transfer. Furthermore, instead of listing out the items for which 105% asset backing is required, all obligations for the account of the Exchange Fund will need to be so backed by assets before a transfer can be made. It is also proposed that the Governor in Council should replace the Secretary of State as the approving authority for such transfer. Consultation with the Exchange Fund Advisory Committee will continue to be required.
In introducing these amendments to section 8 of the Ordinance, I must point out clearly that I have no intention to make any transfer. In my opinion as Financial Secretary, a sizable Exchange Fund is crucial to our ability to deliver monetary and financial stability in the transitional period. I simply cannot foresee that the conditions allowing a transfer from the Fund under section 8, if amended, would exist in the next few years.
Let me now briefly mention the fifth aspect of the Bill. As Members know, the issue of bank notes in Hong Kong is backed by the Certificates of Indebtedness issued by the Exchange Fund. At present, the issue and redemption of such certificates involve physical delivery. With a view to improving the efficiency and security of the process, the Bill contains provisions for the issue and redemption of these certificates to be handled through computerized book entries.
Last but not least, the Bill transfers to the Hong Kong Government certain powers over the control of the Exchange Fund which are presently vested in the Secretary of State in the United Kingdom Government. These changes are made in a manner which is fully consistent with the relevant provisions in the Joint Declaration and the Basic Law.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1577
Mr President, the Bill is an important piece of legislation which will provide an up-to-date and more robust legal framework for our monetary management and for the prudent management of the Exchange Fund. The enhanced autonomy in the control of the Fund so vested in the Hong Kong Government will also contribute to a smooth transition to 1997.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
WASTE DISPOSAL (AMENDMENT) BILL 1994
THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS moved the Second Reading of: "A Bill to amend the Waste Disposal Ordinance."
He said: Mr President, I move the Second Reading of the Waste Disposal (Amendment) Bill. The Bill seeks to amend the Waste Disposal Ordinance to provide for controls on the import and export of hazardous and other wastes in line with current international standards and to effect other miscellaneous amendments.
The Bill introduces a new Part IVA which provides for a permit system whereby potential exporters and importers will have to apply to the Director of Environmental Protection for a permit before effecting the transboundary movement of specified wastes.
The wastes which it is proposed should be subject to control are set out in two schedules (Schedule 6 and 7). Schedule 6 wastes are those which will have minimal environmental effect and hence will only be subject to control if they are contaminated or imported or exported for purposes other than recycling, recovery or reprocessing. Schedule 7 wastes are those likely to create a significant health hazard and risk of pollution unless properly handled, and their import and export will be subject to control regardless of the purpose.
Under the proposed provisions, it will be an offence for a person to import or export waste except under and in accordance with a permit issued by the Director. The proposed penalty is a maximum fine of $200,000 and six months' imprisonment for the first offence and $500,000 and two years' imprisonment for the second or subsequent offences. It will also be an offence to make a false statement to procure the issue of a permit.
The Bill also seeks to effect other minor amendments to the Waste Disposal Ordinance by improving the administration of licensing control, by bringing the term of service for membership of the appeal board already provided for under the Ordinance in line with similar appeal boards set up under other environmental legislation, and by providing greater flexibility in implementing charging proposals.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1578
Mr President, the Waste Disposal (Amendment) Bill seeks to establish a local regulatory regime which is compatible with international standards on control over the export and import of hazardous and other wastes. This will ensure that our trade with parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal will not be adversely affected and will prepare us for the eventual extension of the Convention to Hong Kong. The Bill also introduces other miscellaneous amendments to the principal Ordinance. I commend the Bill to Members for their consideration.
Thank you, Mr President.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
SHIPPING AND PORT CONTROL (AMENDMENT) BILL 1994
THE SECRETARY FOR ECONOMIC SERVICES moved the Second Reading of: "A Bill to amend the Shipping and Port Control Ordinance."
He said: Mr President, I move that the Shipping and Port Control (Amendment) Bill be read the Second time.
The purpose of the Bill is to extend the power of the Director of Marine in regulating traffic, thereby ensuring a higher standard of safety in the waters of Hong Kong. This will be achieved by enabling the director to:
(a) close any area of the waters of Hong Kong; and
(b) give general directions
to any number, group, class or any description of vessel at one time.
At present, the Shipping and Port Control Ordinance provides that the Director of Marine may give specific directions for the control of navigation only to one particular vessel at a time. If the Director needs to control the movement of a group or class of vessel, he must repeat such instructions to each and every vessel concerned. This restriction has proved to be both ineffective and inefficient in handling situations such as the diversion of marine traffic from reclamation areas, or, as Members may recall, prohibition of overheight barges from moving close to bridges. We propose to remove the restrictions by giving the Director more general powers so that he may promulgate a notice with which all specified vessels must comply. This concept is not new as similar powers are currently exercised by the Commissioner for Transport or the Commissioner of Police in handling road traffic. The situations requiring the
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1579
exercise of such powers are usually temporary in nature. Only ad hoc measures are normally required.
To ensure that the Director of Marine is accountable in the exercise of these powers, we propose that each general direction or closure imposed by the Director:
(a) should not last more than six months. Any conditions that need to be imposed permanently should be formally made by the Governor in Council as a regulation; and
(b) the Administration shall be required to lay on the table of the Legislative Council in the same manner as any other subsidiary legislation. This would allow Members of this Council to review the matter as necessary.
I would like to draw Members' attention to the concurrent amendments to the Shipping and Port Control Regulations. These amendments make specific provisions for the Director of Marine to handle marine traffic during fireworks displays and demonstrations held within the waters of Hong Kong.
As regards demonstration in our waters, Members have raised concerns about the disruption to normal marine traffic and the safety of harbour users during the demonstration by fishermen in Victoria Harbour on 14 June last year. Having reviewed the matter, we consider that the Director should be given powers to:
(a) require advance notification from organizers for holding demonstrations at sea; and
(b) to impose any necessary conditions as regards timing and routing.
This will enable measures to be adopted to ensure that demonstrations held within Hong Kong waters can be conducted safely and in an orderly manner. Any safety risks associated with the holding of a demonstration can be dealt with by deploying adequate government launches at the scene and by imposing conditions on the organizers with respect to the avoidance of accidents and safety of persons.
Thank you, Mr President.
Bill referred to the House Committee pursuant to Standing Order 42(3A).
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1580
INDUSTRIAL TRAINING (CLOTHING INDUSTRY) (AMENDMENT) (NO. 2) BILL 1994
Resumption of debate on Second Reading which was moved on 14 December 1994 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).
ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT) BILL 1994
Resumption of debate on Second Reading which was moved on 9 November 1994 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).
SHIPPING (MISCELLANEOUS POWERS) BILL 1994
Resumption of debate on Second Reading which was moved on 7 December 1994 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).
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1581 EMPLOYEES' COMPENSATION (AMENDMENT) (NO. 2) BILL 1994 Resumption of debate on Second Reading which was moved on 26 October 1994 Question on Second Reading proposed.
MR HENRY TANG: Mr President, the background and the salient features of the Bill before us have been clearly explained by the Secretary for Education and Manpower at the Second Reading of the Bill on 26 October 1994. The Bill seeks to rectify a number of inadequacies in the Employees' Compensation Ordinance and to improve certain provisions relating to injured employees' entitlement to compensation.
The Bills Committee has noted that the definition of "medical expenses" is proposed to extend to cover fees of registered chiropractors, registered physiotherapists and registered occupational therapists. Members are concerned that as the registration of physiotherapists and chiropractors is not yet in place, the provision, even if passed, would not come into effect. Members of the Bills Committee accept that the Administration will explain the position to the public during its publicity programmes after enactment of the Bill.
On the question of whether the definition of "medical expenses" could be further widened to cover the fees of other allied health professionals, namely, optometrists, medical laboratory technologists and radiographers, the Administration has explained to us that for the purpose of the Employees' Compensation Ordinance, it is considered appropriate to include only registered health care practitioners who provide treatment for disabilities caused by injuries or diseases. These three professions are therefore not included into the Bill.
As regards the provision to expand the meaning of "accident arising out of and in the course of employment" to include accidents which happen while the employee is driving or operating any means of transport provided by the employer during journeys between the place of residence and the place of work, the Bills Committee is concerned that employers may henceforth avoid providing transport to employees. The Administration has undertaken to monitor the situation after the Bill's enactment.
On the proposed amendment to extend the period for periodical payment for temporary incapacity by up to another 12 months, on top of the 24 months already provided for in the Ordinance, the Bills Committee is receptive to the Administration's view that it is impractical to remove the ceiling of the eligibility period as far as insurance is concerned. At the request of the Bills Committee, the Administration has agreed to start keeping statistics on the
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1582
number of cases in which more than 36 months of temporary incapacity occur and to review the eligibility period in due course.
The Bills Committee has been advised by the Accident Insurance Association of Hong Kong that the various amendments to the Bill would give rise to an estimate of 7.5% across-the-board increase in employees' compensation insurance premium and has noted its explanation on the losses suffered by the insurance industry in the past few years on employees' compensation insurance, alleged due mainly to employers paying lower premiums that they should and the difficulty of assessing the risks of accidents. Members are generally concerned about the losses suffered by the trade and the increase in premiums, and therefore ask the Administration to seriously explore the feasibility of a government-administered employee compensation fund which should be able to benefit both the employers and the employees. The Administration holds that a public employees' compensation scheme would not necessarily be better than existing arrangements. Although the subject had been discussed in a motion debate held in the Council in November 1993, we feel that it should be further considered by the relevant panel of this Council.
Mr President, the Bills Committee supports the various improvements proposed in the Bill and urges their early enactment. We are pleased to note that the Bill is intended to take effect on 1 February 1995.
Last but not least, I would like to take this opportunity to thank the Administration for its co-operation and efficiency in responding to Members' requests, as well as Members of the Bills Committee for their active involvement in examining the Bill.
With these remarks, Mr President, and subject to the minor and technical amendments to be moved by the Administration at the Committee stage, I support the Bill.
MR LAU CHIN-SHEK (in Cantonese): Mr President, this Bill has augmented, in several different areas, the protection for employees who sustained injuries in the course of employment. I support the relevant proposals. But there are still many inadequacies in the entire employees compensation system. Here I would like to raise several points of opinion and hope the Government can conduct a review as soon as possible.
Clause (5) of this Bill empowers the Court to extend the period an employee is entitled to receive periodical payments because of temporary incapacity by up to 12 months, that is, to extend the existing period of 24 months to 36 months. Certainly, this new proposal has improved the protection for injured employees, but the ceiling of 36 month is still retained, which would not be fair to some of those employees who are seriously injured at work and have to stay in the hospital for prolonged treatment. For example, some workers who suffered burns have to stay in the hospital for more than three
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1583
years before their conditions can be stabilized. I am of the opinion that since it for the Court to decide on the time limit for periodical payment for temporary incapacity, we should trust the Court's judgement. It is not at all necessary to lay down rigid provisions in the legislation as to the ceiling of eligibility period.
As regards this issue, the Government has promised to keep record of the number of cases in which the period of temporary incapacity exceeds 36 months and to conduct reviews in due course. I hope the Government could conduct the review within one year and consider in detail the proposal to further extend the period.
The second area which needs to be reviewed is the amount of medical expenses received by employees who sustained injuries in palces outside Hong Kong in the course of their employment.
Since in different parts of the world, medical fees vary greatly (and this is also applicable to public hospitals), it is therefore impossible to reflect the actual situation just by using the level of charges of public hospitals in Hong Kong to determine the medical fees receivable by employees who sustained injuries overseas. Recently, I have received a complaint lodged by a local employee who was injured while working in Singapore. He indicated that the amount of medical fees he received was not at all sufficient to cover the expenses he had to pay. Therefore, I think the Government should consider amending the legislation so that those who sustained injuries in the course of employment in place outside Hong Kong can be reimbursed with medical charges according to the rate charged by the public hospitals of the relevant place in order to reflect the actual situation.
Another aspect which deserve to be reviewed is the wage ceiling for the computation of employees' compensation.
At present, the wage ceiling is all set at $15,000 no matter whether it is for the computation of compensation, severance pay or long service payment, and even wages in excess of $15,000 could only be counted as $15,000. The wage ceiling of $15,000 has remained in force for nearly five years. During this period, inflation and wages have both increased by nearly 50% but the Government has not yet made any changes for this limit, so virtually, this becomes a deduction in disguise to the amount receivable by workers. The impact on workers who are injured or even die in the course of employment is particularly significant because quite a number of the injury cases involve the construction industry and the workers working at the construction sites usually have comparatively higher "wages".
I urge the Government to propose amendments to the relevant Ordinance immediately so that the wage ceiling applicable to the computation of employees' compensation, severance pay and long service payment will be adjusted according to the increase in wages. This will enable those workers who
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1584 have already suffered mishaps to get the full amount of compensation they deserve.
Each time when we talk about enhancing compensation for the employees, there will always be a problem, which is, that insurance companies will take advantage of the opportunity to request for a drastic increase in labour insurance premium, consequently causing employers to oppose to improvement on the employee's compensation scheme.
The labour insurance system in Hong Kong has always been inflicted with quite a lot of problems, yet, the Government has time and again refused to review the system. I am most disappointed with this.
In my opinion, the biggest problem with the existing system is that the employees' compensation system is totally separated from the issue of industrial safety.
A very important principle of the environmental protection policy is the "polluters pay". Apart from the underlying objective of penalizing the polluters, what is more important is to create an inducement for the environment to be improved. Similarly, in foreign countries, while the purpose of asking employers to buy labour insurance is to raise funds to pay for compensation, it also enables, through the practice of "an inverse proportion of labour insurance premium to the record of industrial safety", the levying of labour insurance premium to embody the significant implication of urging", employers to improve industrial safety. In fact, linking the amount of labour insurance premium to the record of industrial safety is an effective market mechanism to urge employers to actually prevent the occurrence of industrial accidents.
Regrettably, when private insurance companies in Hong Kong collect labour insurance premium, they would only think of how the business generates commission and would never take into consideration the relevant company's past record of industrial safety as a determining factor for the amount of insurance premium. Sometimes, the insurance companies make an "incidental" labour insurance deal with a company just because they want to close other big deals with the company, so they will not bother to consider the industrial record of the company.
Of course, one should not blame the insurance companies too much for wanting to make money, and the insurance agents, to earn commission. However, if because of this, there is a failure in improving industrial safety and in reducing the number of industrial accidents, resulted in a loss of manpower it becomes, indeed, a "social cost" which has to be borne by the community at large.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1585
Therefore, the priority objective, as I believe, is to set up a central non-profit making organization, which, only through the levying of labour insurance premium, could an effective mechanism to improve industrial safety be achieved.
In fact, only a part of the premium paid by employers each year are used to compensate workers who sustained injuries in the course of employment. A large part of it has become rebate, reinsurance fees, commission as well as administrative costs and profits of the insurance companies. Obviously, if a central fund is available to accept the taking out of insurance by employers, the expenses to be spent on reinsurance, commission, administrative costs and profits of the insurance companies can be substantially reduced. Meanwhile, the money in the fund can be used for investment and the interest accured can become a source of income for the fund. Hence, an increase on the one hand and a reduction on the other will bring about a surplus of several hundreds of millions of dollars each year, so while the amount of compensation could be increased, additional resources provide for the improvement of industrial safety and money allocated for the rehabilitation of injured workers, it may even be possible to reduce the premium, which will be mutually beneficial to both the employers and the employees.
By now, since even the Insurance Association of Hong Kong has indicated that it would not oppose to the establishment of "central compensation fund" by the Government, I think there is no reason for the Government to refuse considering the establishment of such a fund. Some people said that the central compensation fund might not necessarily be feasible and cited Australia as an example. Its centrally administered compensation fund has been badly managed and consideration is being given to convert it back to private operation. However, I would like to point out clearly that the problem with Australia is largely due to the fact the protection offered is so extensive that even a claim on the ground of great pressure of work would be compensated, consequently, it becomes too heavy a burden for the central compensation fund, and it has nothing to do with the fund being administered centrally.
Mr President, these are my remarks. I hope the Government can seriously consider the above suggestions. Thank you.
MR MICHAEL HO (in Cantonese): Mr President, the Bill in question has brought about some improvements in several areas and I support this Bill. What worries me most is the provision which includes the fees of registered physiotherapist and registered chiropractors in the medical expenses. The Chairman of the Bills Committee has also mentioned this point just now. Indeed, until now, there are no chiropracters or physiotherapist registered under the legislation. Under such circumstances, we may have to face the problem of some people being unable to get back their medical fees they deserve after receiving treatment from chiropracters or physiotherapists even if this Bill is passed. I trust the Government in this regard because it has assured the Bills
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1586
Committee that it will let the relevant people know clearly the situation during its publicity programmes in future.
I do hope the Government will take practical measures to step up publicity after the passing of this Bill and to ensure that people concerned will know about this arrangement so that no one will fail to get back their medical fees after receiving treatment.
Thank you, Mr President.
SECRETARY FOR EDUCATION AND MANPOWER: Mr President, I am grateful to Members for their support for this Bill. In particular, I should like to express my appreciation to the Honourable Henry TANG and other Members of the Bills Committee for their detailed examination of this Bill. In response to the Bills Committee Members' suggestions, I shall be moving some amendments to the Bill at the Committee stage later.
I have also taken note of the views expressed by Members this afternoon. 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.
INDUSTRIAL TRAINING (CLOTHING INDUSTRY) (AMENDMENT) (NO. 2) BILL 1994
Clause 1
SECRETARY FOR TRADE AND INDUSTRY (in Cantonese): Mr Chairman, I move that clause 1 be amended as set out in the paper circulated to Members. This is purely a technical amendment to update the title of the Bill.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1587 Proposed amendment
Clause 1
That clause 1(1) be amended, by deleting "(No. 2) Ordinance 1994" and substituting "Ordinance 1995".
Question on the amendment proposed, put and agreed to.
Question on clause 1, as amended, proposed, put and agreed to.
Clause 2 was agreed to.
ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT) BILL 1994
Clauses 1 to 13 were agreed to.
SHIPPING (MISCELLANEOUS POWERS) BILL 1994
Clauses 1 to 7 were agreed to.
EMPLOYEES' COMPENSATION (AMENDMENT) (NO. 2) BILL 1994 Clauses 1, 3 and 7
SECRETARY FOR EDUCATION AND MANPOWER: Mr Chairman, I move that clause 1(1) be amended as set out in the paper circulated to Members. This technical amendment is to correct the title of the Bill to "Employees' Compensation (Amendment) Bill 1995".
I move that clause 3 be amended as presented in the paper circulated to Members. This amendment comprises two parts:
(a) The first part concerns the proposed section 5(4)(e) of the Ordinance. It seeks to specify that an employee driving or operating any means of transport provided by his employer between his home and his place of work for the purpose of work must be travelling "by a direct route", in order to be eligible to claim compensation for any injuries sustained in the course of such travel. This will serve to prevent possible abuse of this newly proposed right to seek compensation by employees.
HONG KONG LEGISLATIVE COUNCIL — 11 January 1995 1588
(b) The second part is on the proposed section 5(4)(g) of the Ordinance. It seeks to further extend the scope of compensation to cover injuries sustained by employees through accidents which occur to them whilst travelling on a work-related trip between two places outside Hong Kong. This is proposed in recognition of a genuine need for this extra protection on the part of employees.
I move that clause 7 be amended as set out in the paper circulated to Members for the same reason as I proposed to move clause 1(1) to the Bill.
With these remarks, I beg to move, Mr Chairman.
Proposed amendments
Clause 1
That clause 1(1) be amended, by deleting "(No. 2) Ordinance 1994" and substituting "Ordinance 1995".
Clause 3
That clause 3 be amended —
(a) in the proposed section 5(4)(e), by adding "by a direct route" after "travelling".
(b) in the proposed section 5(4)(g), by adding "or between any place outside Hong Kong and any other such place" after "outside Hong Kong".
Clause 7
That clause 7 be amended, in the proposed section 10AA(2)(a)(ii), by deleting "(No. 2) Ordinance 1994 ( of 1994)" and substituting "Ordinance 1995 ( of 1995)".
Question on the amendments proposed, put and agreed to.
Question on clauses 1, 3 and 7, as amended, proposed, put and agreed to.
Clauses 2, 4, 5, 6, 8 to 18 were agreed to.
Council then resumed.
No comments yet.
Private notes are available after approval.