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LCQ7: Incidents of excessive lead content in drinking water
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     Following is a question by the Hon Lam Tai-fai and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (November 4):

Question:

     It has been over three months since the occurrence of incidents in which the drinking water for households of public rental housing ("PRH") estates was found to have a lead content exceeding the provisional guideline value set out in the World Health Organization's "Guidelines for Drinking-Water Quality" ("incidents of excessive lead content in drinking water"). The problem has even spread to schools. According to the latest information released, the Government has completed sampling tests on the drinking water for all PRH estates completed in or after 2005, among which the drinking water samples from 11 estates were found to have an excessive lead content. The Government is now conducting sampling tests on the drinking water for those housing estates completed before 2005. Besides, the Government has conducted sampling tests on the drinking water in 414 kindergartens and 28 schools, with drinking water samples from six kindergartens being found to have an excessive lead content. Following that, one more secondary school was also found to have excessive lead content in its drinking water. Since July 11, the Hospital Authority ("HA") has been arranging blood tests for the more easily affected groups (namely children aged below six, lactating women and pregnant women) residing in the affected estates, and the scope of blood tests has subsequently been extended, on a discretionary basis, to children of full age below eight. HA has completed tests on blood lead level for a total of 4 913 residents, and 3.3% (i.e. 163 residents) of which were found to have borderline elevated blood lead level. In response to these incidents, the Water Supplies Department ("WSD") and the Housing Authority have formed a task force and a review committee respectively. The preliminary findings of the investigations conducted by the task force confirmed that leaded solder joints of pipe components were the cause of the excessive lead content in drinking water of Kai Ching Estate and Kwai Luen Estate Phase 2. Also, in its interim review report, the the review commitee pointed out that all of the drinking water samples taken from estates which had not used solder joints did not have an excessive lead content.  Moreover, the Chief Executive in Council appointed on August 13 a Commission of Inquiry into Excess Lead Found in Drinking Water ("the Commission"). The Commission is expected to submit its report within nine months. The Government explains that the occurrence of incidents of excessive lead content in drinking water is the result of insufficient awareness among the various relevant industries of the implications of lead in drinking water and lead on human health. Such remarks have aroused quite a number of repercussions in the community. There are comments that the way the Government handles the incidents of excessive lead content in drinking water will directly affect its popularity rating and will easily turn into a political bomb. In this connection, will the Government inform this Council:

(1) of the total expenditure incurred so far in the installation of water filters for more than 8 000 affected households; the number of households for whom water filters have not been installed (with a breakdown by name of estate);

(2) as the authorities have indicated that they will replace, on a free-of-charge basis, the filter cores for the households concerned within two years, whether they have estimated the total expenditure needed; if they have, of the details; if not, the reasons for that;

(3) of the number of bottled distilled water supplied to affected households so far and the total expenditure involved;

(4) when it will stop supplying bottled distilled water to affected households;

(5) as the authorities will arrange for the replacement of the substandard water pipes in common areas and rental flats of affected estates, of the details of the project, including the commencement and completion dates of such works, as well as the estimated expenditure (with a breakdown by name of housing estate);

(6) as the authorities have indicated that they will conduct water tests again for those households for whom water filters have been installed, how the authorities will handle the situation in which the drinking water is once again found to have an excessive lead content;

(7) whether it will provide long-term medical support to children and pregnant women who have been found to have elevated blood lead levels; if it will, of the details; if not, the reasons for that;

(8) whether it will request contractors of the estates concerned to compensate the affected households; if it will, of the details; if not, the reasons for that;

(9) whether it will request the contractors of the estates concerned who have contravened the relevant requirements to refund to the Government the payments made to such contractors for the plumbing works; if it will, of the details; if not, the reasons for that; whether it will consider instituting prosecutions against such contractors; if it will, of the details; if not, the reasons for that;

(10) whether it will introduce more stringent penalties in future PRH estate works contracts so as to deter contractors and their sub-contractors from contravening requirements when carrying out the works; if it will, of the details; if not, the reasons for that;

(11) of the latest work progress of the aforesaid task force, review committee, and the Commission formed to investigate the incidents of excessive lead content in drinking water;

(12) whether it has followed up on the current quality of the drinking water in those schools (including primary schools, secondary schools and kindergartens) where the drinking water has been found to have an excessive lead content; if it has, of the details; if not, the reasons for that;

(13) whether it has assessed if public confidence and trust in the Government have been undermined by the incidents of excessive lead content in drinking water; if it has, of the details; if not, the reasons for that; and

(14) whether it has assessed if the incidents of excessive lead content in drinking water have caused a drop in the popularity ratings of the Government and the relevant officials; if it has, of the details; if not, the reasons for that?

Reply:

President,

     The Government has been attaching great importance to the incident of excess lead in drinking water. The Chief Secretary for Administration convened the first high-level, inter-departmental meeting on July 11. So far, 17 meetings have been held, and a number of measures have been implemented promptly. We have adhered to three principles in addressing the issue, viz being open and transparent in information dissemination, adopting a people-oriented approach, and carrying out thorough investigations. In consultation with Food and Health Bureau, Development Bureau and Education Bureau, my replies to Dr Hon Lam Tai-fai's questions are as follows:

(1) and (2) On the request of the Hong Kong Housing Authority (HA), the four contractors of the affected estates have provided various relief measures, including installing filters with U.S. National Sanitation Foundation (NSF) 53 certification for lead reduction free-of-charge for affected households, and replacing the filter cores for them free-of-charge within two years. Installation for the 11 affected estates (involving around 30 000 households) has been completed except for a very few with whom we have difficulty in contacting. All relevant costs will be borne by the contractors.

(3) and (4) Taking into account the demands of the affected tenants and the need to provide tenants with safe drinking water immediately after the incident, HA has been, in accordance with the people-oriented approach, supplying bottled water to tenants. As at November 2, we have provided a total of 6.55 million bottles of bottled water, involving a total cost of around $39.5 million. With safe drinking water being supplied to each floor of the building, and filter installation completed in general, the Housing Department (HD) will consider gradually reducing the distribution of bottled water, having regard to the actual environment and circumstances.

(5) HA has requested the contractors of the 11 affected estates to rectify the situation. Currently, the contractors have all submitted proposals for comprehensive investigations as well as replacement of water pipes which do not comply with the requirements. HD and the Water Supplies Department (WSD) are now studying the proposals in detail. As the works involve complex procedures as well as technical and staffing arrangements, the pipe replacement works will take time to complete. The contractors plan to conduct trial works in certain blocks of the affected estates, and then work out more detailed work plans and timetable based on practical experience. The current plan is to replace the water pipes in the common area first, before replacing the water pipes inside individual units. We will ask the contractors to minimise the inconvenience caused by the works to tenants. We will announce the details of the arrangements as soon as possible.

(6) In accepting the contractors' proposals for installing filters for affected households, one of the conditions of the HA was that the filters had to attain NSF 53 certification for lead reduction. We understand that NSF has put in place a strict procedure for certification approval, including testing for lead-reducing effectiveness and inspecting the production process, to ensure the continued effectiveness of individual brands in lead-reduction. The Government Laboratory has also conducted tests to confirm the effectiveness of the filters. Nevertheless, some tenants in the affected estates have been concerned about whether the water, as filtered by filters installed by the contractors, meet the World Health Organisation (WHO)'s standard.  To ease tenants' concerns, the Secretary for Transport and Housing announced at the Legislative Council meeting on October 14 that to confirm the filters' effectiveness, we would conduct water tests again for the units in the 11 affected estates in which samples with excess lead content had been found and filters were subsequently installed by the contractors. HD and WSD have now completed the relevant water tests. There were 78 units in which water samples had been found to contain excess lead and filters were installed by the contractors. Among these, two units refused the relevant water tests.  Therefore, we conducted water tests again for 76 units and all samples taken met the WHO's standard.

(7) As at October 22, 164 citizens were found to have borderline raised blood lead levels in the tests conducted by the Hospital Authority. Their blood lead levels range from 5 to 16.7 micrograms per decilitre, indicating potential health risks but far from the risks of lead poisoning. According to the established medical care plan, the Department of Health (DH) will perform lead exposure assessment for all citizens with borderline raised blood lead levels, and will arrange preliminary developmental assessment as well as provide appropriate follow-up service depending on the assessment results if they are children aged under 12. The Hospital Authority will arrange health evaluation and follow-up for citizens with borderline raised blood lead levels who are children aged 12 or above, adults, pregnant women or lactating women, and will monitor regularly the blood lead level of all citizens with borderline raised blood lead levels.

     Child development is a continuous process, and progresses may vary with time. Therefore, child development requires ongoing monitoring, instead of a one-off assessment. For this incident, affected children would first receive preliminary developmental assessments. Follow-up action would then be formulated depending on the situations of individual children.

(8) to (10) After excess lead was found in drinking water in public rental housing (PRH) estates, HA already stated that it would hold the contractors concerned accountable according to the contracts. The four contractors concerned have been cooperative in carrying out follow-up actions with HA. They have immediately provided relief measures, including extending connection pipes from the roof-top water tank to each floor of the building, and installing filters with NSF 53 certification for lead reduction free-of-charge for affected households, as well as replacing the filter cores for them free-of-charge within two years. HA has also requested the contractors to rectify the situation through comprehensive investigation as well as replacement of water pipes which do not comply with the requirements.

     As for the issue of holding the contractors accountable, in taking regulatory actions against contractors who do not comply with contracts, HA has all along acted in accordance with the established guidelines, including giving due consideration to the actual situation and details of non-compliance. In respect of the incident, HA fully agrees to taking necessary regulatory actions against the four contractors (and two related companies) (note 1) involved. HA's Tender Committee decided on September 30 that for new works tenders invited by HA during the period from March 1 to September 30, 2015 (i.e. seven months), the six companies would not be considered. There are seven contracts involved, with around 18 000 public rental units and subsidised sale flats. The Tender Committee also decided to remove China State Construction Engineering (Hong Kong) Limited, Shui On Building Contractors Limited, and Yau Lee Construction Company Limited from HA's Premier League of contractors with effect from October 1, 2015. As to whether to further restrict the tender eligibility of these six companies concerned, the Tender Committee will continue to carefully consider various factors and come to a conclusion as soon as possible.

     The Commission of Inquiry into Excess Lead Found in Drinking Water has begun hearings. It may offer its views on the responsibilities of relevant persons and organisations. If the Commission of Inquiry considers that follow-up action is required in respect of the responsibilities of any person or organisation, the HA will follow up solemnly in accordance with the established mechanism.

(11) The work progress of the three committees are as follows:

WSD's Task Force on Excessive Lead Content in Drinking Water (Task Force)

     The Task Force led by WSD announced its preliminary findings on September 25 and submitted the final investigation report to the Secretary for Development on October 31, confirming that the use of leaded solder materials in the solder joints was the cause of excess lead in drinking water in Kai Ching Estate and Kwai Luen Estate Phase 2. Although copper alloy fittings would leach lead, they did not result in excess lead in drinking water. The conclusion should be applicable to other nine PRH developments with excess lead in water samples. The Task Force has also made a number of recommendations on preventing recurrence of similar incidents.

HA's Review Committee on Quality Assurance Issues Relating to Fresh Water Supply of Public Housing Estates (Review Committee)

     The Review Committee set up by the HA submitted its interim report to the HA Chairman on October 6. The interim report pointed out that while HA's past quality control mechanism before the incident was consistent with the industry's practice, the law and the prevailing Water Authority's requirements regarding water tests, it had only been geared towards known issues about safety and quality of fresh water in the past; it did not focus on the presence of lead in water; and it did not target soldering materials as a high risk item. Therefore, the Review Committee agrees that interim enhancement measures need to be put in place by HD, in respect of new PRH projects under construction, to immediately reduce the risk of the presence of lead in solder on joints and of excess lead content in fresh water. Since the submission of its interim report, the Review Committee has continued to conduct exchanges with stakeholders (including professional organisations and industry representatives), to understand their views on the problem and possible solutions. The Review Committee may explore further improvement measures. It is expected to submit a full report by the end of this year.

The Commission of Inquiry into Excess Lead Found in Drinking Water (The Commission)

     The Commission is conducting open hearings. The related arrangements, including hearing procedures, timetable and witnesses, have been announced on its website (www.coi-drinkingwater.gov.hk). The Commission has appointed counsel and solicitors, as well as local and overseas experts, to assist in taking forward the Inquiry. The Commission is expected to report to the Chief Executive within nine months from the date of appointment (i.e. by May 13, 2016).

(12) If drinking water samples taken from kindergartens/primary schools/secondary schools/special schools are found to have excess lead, the DH will contact the school(s) concerned via the Education Bureau (EDB) to make appointments for students under eight, pregnant and lactating staff for blood taking in hospitals for blood lead testing. Up to October 30, EDB, together with the WSD and the Architectural Services Department (ArchSD), have completed the water sampling tests for 499 kindergartens and 43 schools and a total of 1351 drinking water samples were taken for this purpose. Except for a total of eight samples from the wall-mounted dispensers of six kindergartens and seven samples from one secondary school which were found to have lead content exceeding WHO's standard, all the drinking water samples met the standard. One of the kindergartens above confirmed that the wall-mounted dispenser concerned was only for use by the staff and did not involve pregnant or lactating women. DH has made appointments for blood lead testing in hospitals for the students, pregnant and lactating staff of the other five kindergartens. The blood test results of 95 participating students of one of the kindergartens show normal blood lead levels, whereas one of the 154 participating students from another kindergarten is found to have borderline raised blood lead level. DH will arrange lead exposure assessment and preliminary developmental assessment for the student concerned and will follow up as appropriate based on the assessment result. The Hospital Authority will also arrange on-going blood lead level monitoring for the student. For the students and staff concerned of the remaining three kindergartens and one secondary school, DH has arranged blood lead testing in hospitals for them on October 31 and November 1.

     In addition, EDB has advised relevant schools to take appropriate follow-up measures where necessary, including prompt installation of lead-reducing filters, preparing bottled water and procuring beverages externally, etc., with a view to ensuring the safety of drinking water and safeguarding the health of students and staff. EDB has installed five lead-reducing filters for the secondary school mentioned above in early October. Upon receipt of the water test results on October 26, EDB has installed lead-reducing filters at all other drinking water outlets of the school. EDB is discussing the conducting of follow-up inspection of the internal water supplies system of the school with the grantee, developer, consultant and contractor of the school building project, as well as the school authorities etc., to tackle the drinking water with lead content at source satisfactorily. ArchSD will provide technical advice on this.

(13) and (14) In this incident, we acknowledge that there had been a lack of awareness in the construction industry, as well as among relevant departments, of the risk of presence of lead in water and the risk of presence of lead in solder, which led to inadequate requirements under the monitoring mechanism. We understand that the public, especially those affected, may be dissatisfied. We will make our best endeavour in providing relief and remedial measures, make improvements to the system and bear responsibility as necessary.

Note:

1. China State Construction Engineering (Hong Kong) Limited (and related company China Overseas Building Construction Limited), Paul Y. General Contractors Limited (and related company Paul Y. Construction Company, Limited), Shui On Building Contractors Limited and Yau Lee Construction Company Limited.

Ends/Wednesday, November 4, 2015
Issued at HKT 15:17

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