Issued by Hong Kong Special Administrative Region Government Information Services
Garden Road, 5th-8th Floors, Murray Building, Hong Kong. Tel: 2842 8777
Wednesday, February 25, 1998 CONTENTS ======== 1. FS's transcript 2. Provident Fund Schemes Legislation (Amendment) Bill passed 3. No threatening call to S for S 4. Water birds segregation and central slaughter arrangements 5. Police's Role in Management of Public Processions and Meetings 6. Hong Kong SAR Autonomy Intact 7. Sea cadets bid farewell to retiring Marine chief 8. Survey on residential mortgages in Hong Kong 9. Three firemen commended 10. Joint operation to flush out illegal immigrants 11. Refuse transfer service extended to private sector 12. Customer service training for Hongkong Post staff 13. Manufacturer fined for malpractice 14. Prize-giving ceremony of CAL Module Design Contest 15. Improvement works on Shek Wu Hui Treatment Plant 1. FS's transcript *************** Following is the transcript of a media session by the Financial Secretary, Mr Donald Tsang, at the airport upon his return from Beijing today (Wednesday): Reporter: Would you say something about HKMA's 70 per cent mortgage lending ceiling to be maintained announced this morning and the fixed mortgage interest rate? Mr Tsang: Two things. The question of loan to valuation ratio has been established for a long time. That ratio has been working reasonably well, and that would maintain the bank in a reasonable state as regards real estate lending. Whether or not that ratio should be increased is essentially at the end of the day a matter for the banks, of course, which are working under the guidance of the HKMA. I think if they believe it is the right thing to do, to continue with the guidelines, I think it is perfectly all right. As regards fixed rate lending, it is an idea of us, which we believe, will be quite useful for the current market. In a sense it is not a compulsory measure. It is a new product which I hope consumer, particularly those taking out mortgages might welcome. It's up to those banks who want to subscribe to it to participate. And it's also up to individual members of the public to opt for this measure if they want to. But I think it would be a good measure, which would be welcomed by some people servicing mortgages. It would be beneficial to certain banks who might wish to have additional liquidity. It would be definitely beneficial to the debt market or to the development of the debt market in Hong Kong. While I appreciate certain reservations from certain banks, well its up to them. And if they don't wish to participate, it's perfectly their own choice. But what I want to have is to provide an additional option for the public. Nothing more, nothing less. End 2. Provident Fund Schemes Legislation (Amendment) Bill passed ********************************************************** A government spokesman tonight (Wednesday) welcomed the passage of the Provident Fund Schemes Legislation (Amendment) Bill. He said: "The passage of the Bill is by no means a coincidence - The Bill is the result of detailed discussions with the Provisional Legislative Council (PLC) Bills Committee and extensive consultation with all relevant parties. "Hence, the Mandatory Provident Fund (MPF) System will suit the needs of our workforce and offer effective retirement protection to them. "I wish to give my heartfelt thanks to those who have given us tremendous support and contributed so much to the development of the MPF System in the past few years - members of the PLC, members of the MPF Advisory Board and Specialist Groups, employer and employee groups, the retirement fund industry and all those have expressed their keen interests and support to the development of the MPF System." He said the next step was to enact the subsidiary legislation necessary for the implementation of the MPF System. He said: "We will also be preparing for the establishment of the MPF Authority, which will be responsible for the approval of MPF trustees, registration of schemes and the supervision of the MPF System. "Our ultimate goal is to implement the MPF System as soon as possible, so that our workforce can enjoy the retirement protection that they deserve." End 3. No threatening call to S for S ****************************** In response to media enquiries, a government spokesman today (Wednesday) said that no telephone call threatening the Secretary for Security personally or his family has ever been received. However, there have been calls to the Security Bureau from time to time about threats to public safety. All such calls were referred to the Police for investigation. End 4. Water birds segregation and central slaughter arrangements ********************************************************** Hong Kong will resume importation of live ducks and geese from the Mainland by the end of March when the Western Wholesale Poultry Market is ready to serve as a central slaughter house and wholesale market place for water birds. The central slaughtering arrangements, together with a new control system for water birds, is an important step in segregating water birds from chickens to prevent cross- infection with Influenza A (H5N1)virus and safeguard public health, a Government spokesman said today (Wednesday). He said this policy of segregation is necessary because ducks, geese and other water fowls can become natural carriers of influenza virus and excrete a small amount of virus intermittently. This means that they do not develop the disease, but may pass on the virus to humans through other poultry. To implement the policy, the local poultry farmers would be required not to keep water birds and chickens in the same farm. Mainland authorities would enforce the same requirement at the production level in respect of live birds to be exported to Hong Kong. The same policy would apply to the transportation of poultry. Water birds arriving by sea would be restricted to the Western Wholesale Poultry Market. Other consignments arriving via Man Kam To entry point would be directed to the same Market to ensure segregation from chickens during transportation to avoid cross- contamination. In addition, health certification requirements similar to that for the import of chickens would be implemented on water birds. In the Mainland, only water birds from farms licensed and monitored by the Mainland animal and plant quarantine services would be exported to Hong Kong. Staff of the HK Agriculture and Fisheries Department (AFD) would visit these farms from time to time to monitor their hygiene standards. Water birds for export to Hong Kong would be segregated from other birds in the farms five days prior to export and tested negative for the H5 virus. Water birds would require health certificates signed by a competent veterinary authority. On the arrival of these water birds at the Western Wholesale Poultry Market, AFD staff would take samples from each consignment for blood testing to monitor the disease among imported birds. Cloacal swabs would also be collected for virus isolation. The spokesman said in case positive blood test samples were found, the affected shipment would be slaughtered under supervision and the carcasses would be thoroughly washed. He reiterated that water birds can naturally carry avian influenza viruses in their intestines. However, World Health Organisation experts have advised that there appears to be no risk of transmission of H5N1 to humans from contact with raw, chilled or frozen poultry foods. If subsequent virus isolation also confirmed the presence of virus, involved farms would be stopped from supplying Hong Kong. The Public Health (Animals and Birds) Regulations will be amended to provide necessary legal support to the new arrangements. The amendments will be gazetted on February 27 (Friday). The two municipal councils will be asked to amend their respective Food Business Bylaws to implement segregation at the retail level and to tighten hygienic conditions for goods vehicles to transport poultry carcasses from Western Wholesale Poultry Market to retail outlets. Tough enforcement actions will be taken. The spokesman said the facilities at the Western Wholesale Poultry Market would be upgraded and the stalls would be licensed as fresh provisions shops to meet the necessary hygiene standards. He envisaged that it would be ready by the end of March to handle the trade in water birds, which was estimated at an average of 10,000 birds a day. He added that the importation of ducklings and goslings for farming purposes would resume on 28 February, 1998. "The segregation and the central slaughter arrangements for water birds would be a long-term commitment of the Government to minimise the risk of transmission of the avian influenza H5N1 from water birds to live chickens and subsequently to humans," the spokesman said. End 5. Police's Role in Management of Public Processions and Meetings ************************************************************** Hong Kong is a free and open society where freedom of expression and assembly are guaranteed by law and there is no change in the Government's policy in handling demonstrations, the Deputy Secretary for Security, Mr Raymond Wong, stressed today (Wednesday). Mr Wong made this point at a meeting with representatives of the Democratic Party this morning in which the latter expressed concern on the way Police handled demonstrations during the recent visit by the Chairman of the Standing Committee of the National People's Congress, Mr Qiao Shi. "Hong Kong people's freedom of assembly has not diminished in any way. Some 840 demonstrations have been held since the handover. This is evidence that peaceful demonstrations remain very much a way of life after July 1, 1997," Mr Wong said. On restrictions imposed by the Police on the demonstrators, he explained that the Police had statutory duties to take appropriate actions to preserve public safety and order as well as to regulate public processions and assemblies. "Decisions as to what action to take in regulating public processions are best made on the ground by the senior Police officer in charge of the operation by taking account of the circumstances of each case. However, all Police officers will use maximum restraint and minimum force in all circumstances," he said. "The Police have to strike a balance between the rights of the demonstrators to express their views and the need to maintain public safety and order and to ensure that no danger or inconvenience is caused to others," Mr Wong went on. "The community would expect people to express their views in an orderly, peaceful and lawful manner," he added. On an allegation that a member of the April Fifth Action Group had been kept under Police surveillance during Mr Qiao's visit, he explained that the Police officers spotted at various points where the person in question happened to be present were merely engaged in security operations in connection with the visit by Mr Qiao. They were tasked with conducting observations at various locations for the sake of preserving peace and order. "In any case, in discharging their duties and powers, the Police must ensure that measures taken are lawful and are in line with the provisions of the International Covenant on Civil and Political Rights as applied in Hong Kong. "People who suspect that they have been followed by the Police for no good reason may ask the officer to confirm his identity or make a report to the Police. Any person who is aggrieved by the conduct of any Police officer in the execution of his duties may lodge a complaint with the Complaints Against Police Office, the investigations of which are monitored by the Independent Police Complaints Council," he said. End 6. Hong Kong SAR autonomy intact ***************************** Eight months after the return of sovereignty, there has not been a single suggestion that Hong Kong's autonomy - as decreed in the Basic Law - has been undermined, the Director of the Hong Kong Economic and Trade Office, Toronto of the Hong Kong Special Administrative Region (SAR) Government, Mr Donald Tong, said today (February 24, Toronto time). Speaking at a seminar organised by the David Lam Centre for International Communications of the University of British Columbia, Mr Tong said China has kept its word by leaving Hong Kong to manage its own affairs under the "One Country, Two Systems" concept. Mr Tong assured the audience, comprising business people, academics and students, that the rule of law in Hong Kong is still being upheld as guaranteed by the Basic Law. "We will do everything to preserve it, and as both the British Government and the Judiciary recently admitted that we still maintain the same high standard of legal system as before July 1, when Hong Kong returned to Chinese sovereignty," he said. "The UK Judiciary has also recently appointed, with the agreement of the SAR government, two Law Lords to serve on the five-member Court of Final Appeal. "This is a very welcomed arrangement in Hong Kong as it is clearly a vote of confidence in our judicial system and will further enhance the status of Hong Kong in the international arena." He said that since the establishment of SAR, Hong Kong people have been exercising these rights of free speech, of demonstration, and of scrutinising government policies and decisions. Mr Tong pointed out to the audience that China, although not a signatory to the International Convenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, has agreed to forward reports on the implementation of these two covenants to the United Nations on Hong Kong's behalf. "This is clearly a positive gesture on the part of China to prove to the international community that the freedoms and rights of Hong Kong people will be protected," he said. He added that several foreign reports including the US House Task Force on Hong Kong Transition, a six month report by UK government and a US State Department report on Human Rights in Hong Kong all agreed that there is no substantial change in Hong Kong. Mr Tong also said the US-HK dollar linked exchange rate will not be changed as delinking will damage Hong Kong, and cause further damage to the regional economy. He also dismissed speculations on the devaluation of Renminbi which many analysts said would bring pressure on the US-HK dollar link. End 7. Sea cadets bid farewell to retiring Marine chief ************************************************ About 300 cadets from the Hong Kong Sea School today (Wednesday) staged a parade to bid farewell to the Director of Marine, Mr Ian Dale, who will be retiring in early March after 26 years' service in the Department. Also officiating in his capacity as the Vice Patron of the School, Mr Dale encouraged the cadets to make use of the opportunity to learn and direct their hopes for the future towards a fruitful and satisfying career so as to be useful and worthy citizens of Hong Kong. "As a seafarer myself, I hope that many of you will choose a career that is connected to the sea and shipping," Mr Dale said. "Seafaring career could be a fulfilling life which would provide good rewards to those who work hard and study to attain senior positions," he assured the cadets. Knowing that currently cadets graduate at the age of 15 will pose difficulties for them to immediately continue their studies towards a seafaring career, Mr Dale expressed his full support to the efforts the Chairman and the Board of Management of the School had made to extend the graduation age to 17 or 18. "I am confident that these efforts will be rewarded in the near future," the Director said, adding that opportunity was available to make the school even better. Mr Dale's career in shipping has spanned 39 years, with the last 26 years working in Hong Kong. "I have been honoured and privileged to have been part of the success of Hong Kong's port, and I will keenly watch the territory's continuing development as China's Special Administrative Region," Mr Dale said. "I shall also keep up to date with the progress of this fine school with all its maritime traditions, and will be happy to do anything I can to support that progress," he added. End 8. Survey on residential mortgages in Hong Kong ******************************************** The Hong Kong Monetary Authority (HKMA) released today (Wednesday) the findings of a comprehensive survey on residential mortgages in Hong Kong (September 1997). The findings suggest that residential mortgage loans in Hong Kong are of high quality. As at end-September 1997: (a) average outstanding principal was relatively low at $1.3 mn, suggesting banks are targetting at the relatively less volatile mass market; (b) average LTV ratio at a prudent level of 52%, providing a sizeable cushion to absorb correction in property prices; (c) the majority of mortgage flats (93%) were owner occupied. Property for investment purpose which are generally more risky account for only 7%; and (d) very low delinquency ratio, at 0.1% (loan delinquency is defined here as loans overdue for more than 90 days). Commenting on the survey findings, a spokesman for the HKMA said: "While there has been a correction in property prices since October 1997, banks still have a considerable cushion for their mortgage assets as a whole. The findings also show that during the property market downturn in the second half of 1994 and 1995, the loan delinquency ratio remained low, at around 0.2% in 1995 and 1996. Besides, in all default cases, the loan amounts were reported to be fully recovered." The survey covered 39 authorised institutions active in residential mortgage lending. Together they accounted for approximately 95% of the total outstanding mortgage loans extended by authorised institutions in Hong Kong. The survey collected information on the characteristics and performance of the residential mortgage loans as well as the lending policy of the authorised institutions. In view of the strong demand for up-to-date statistics on residential mortgages, the HKMA is reviewing the need to collect those statistics on a more frequent basis. End 9. Three firemen commended *********************** Three firemen who rescued a number of residents during a No. 3 Alarm fire at Shung Yan Street, Kwun Tong, early this month received commendations by Kowloon Fire Command's Chief Fire Officer at a ceremony today (Wednesday). Four other firemen taking part in the fire-fighting operation each received a Favourable Entry at the same ceremony at Kwun Tong Fire Station. They were presented commendation certificates by Chief Fire Officer (Kowloon), Mr Pik Ying-keung. The fire, which broke out in a composite building on February 4, claimed four lives and injured nine people. End 10. Joint operation to flush out illegal immigrants *********************************************** A territory-wide operation against illegal immigration jointly mounted by the Police, Immigration Department and Labour Department has resulted in the arrests of 85 people. The operation is part of the Government's continuous effort to flush out illegal immigrants. The 41 suspected illegal immigrants arrested by the Police have been referred to the Immigration Department. Those found to be illegal immigrants will be repatriated. A government spokesman reiterated today (Wednesday) that there was no question of any amnesty for illegal immigrants. "Our latest operation should drive home the point that there will be no change to this policy. Anyone foolish enough to believe otherwise is only cheating oneself," he said. The spokesman stressed that apart from continuous checks throughout the territory, there was no let-up in anti-illegal immigration efforts at the border. "A high state of vigilance will continue to be maintained by the Police and the security forces both at the land and sea borders," he said. During the 24-hour operation ended at 5 am today, the Police stepped up their identification spot checks in public places and carried out checks at suspicious locations throughout the territory. As a result, a total of 18,357 persons, 318 vehicles and 417 vessels were stopped for identification checks. During the operation, Immigration investigators visited a total of 19 residential premises and business establishments. Twenty-three men and 21 women were arrested for suspected breaching of immigration offences. Among the arrestees, one Chinese Travel Permit holder, seven two-way permit holders and two PRC import workers were found breaching the condition of stay. Fifteen two-way permit holders overstayers were arrested at their residence. Sixteen two-way permit holders were arrested for being suspected to be illegal workers. Two Hong Kong residents were arrested for employing illegal workers. The remaining one was arrested for aiding and abetting breach of condition of stay. On the labour front, inspectors of the Labour Department visited 3,242 establishments to weed out any illegal immigrants who may be working there and to check that employers fulfil their legal obligation of keeping proper records of their employees. A total of 8,483 employees had their proof of identity. Two establishments were found able to provide a record of employees for inspection. The spokesman reminded employers that they could be fined up to $350,000 and jailed for up to three years if they were found to be employing illegal immigrants. End 11. Refuse transfer service extended to private sector ************************************************** The Environmental Protection Department (EPD) is to extend the waste transfer service at refuse transfer stations (RTSs) to private waste collectors, an initiative to cut down the environmental nuisance caused by their vehicles. Initially, two RTSs will be opened to private collectors at a service charge for the disposal of household, commercial and non-hazardous industrial waste on a voluntary basis. The two RTSs, to be opened to private sector from April 21, are West Kowloon Transfer Station on the West Kowloon Reclamation and the Island East Transfer Station on Hong Kong Island. At present, refuse transfer stations only accept waste collected and delivered by the two municipal councils. Private waste collectors have to deliver waste directly to landfills for disposal. Principal Environmental Protection Officer, Mr Alex Ng, said today (Wednesday) that the new service was expected to be welcomed not only by the private waste collectors, but also by the general public. "The new service will provide a voluntary alternative disposal means to private waste collectors and help save their transportation cost and turnaround time. "It will also be welcomed by the general public as it will reduce traffic, vehicle emissions and other nuisance caused by long haulage of waste by waste collection vehicles," he said. Mr Ng said refuse transfer stations were designed and operated to very high environmental standards. "It is therefore beneficial to the environment by promoting the use of these stations among the private waste collectors to transport the waste in bulk to landfills," he said. Private waste collectors who choose to use the RTS service should register with EPD as a registered account- holder under the "Account Billing System". To allow ample time for application processing, potential users are advised to apply at their earliest convenience if they wish to use the transfer service on April 21. Starting from today, application forms are available at the following EPD's offices: (i) Headquarters of EPD, 28th floor, Southorn Centre, Wan Chai, Hong Kong; (ii) EPD's office at Island West Transfer Station East Wing, second floor, 88 Victoria Road, Kennedy Town, Hong Kong; and (iii) EPD's offices at the three strategic landfills: South East New Territories Landfill West New Territories Landfill North East New Territories Landfill End 12. Customer service training for Hongkong Post staff ************************************************* Hongkong Post has just kicked off a department-wide customer service training for 3,500 staff with the aim of infusing the organisation with a stronger customer service culture. Commenting on the training programme, Postmaster General, Mr Robert Footman, said today (Wednesday): "We aim to reinforce service quality and promote service consistency throughout the organisation, from the top management to the front-line staff. "We have appointed Tiptop Consultants, led by Mr Raymond Tsang, to design, develop and implement a series of training programmes. "Tiptop was selected for its proven track record and extensive experience in the design and implementation of large scale customer care and management development programmes for mass transportation providers, major hotel groups, banks and retail chain stores in Hong Kong," Mr Footman added. The tailor-made customer service training programme will involve all management staff from the Postmaster General to Assistant Controller of Posts; all front-line supervisors of counters, mail delivery and telephone operation; as well as all front-line counter staff, postmen and telephone operators. The training programme reinforces Hongkong Post's customer-first service-oriented culture in line with its vision to become an outstanding service organisation; and equip its staff with the skills required and related to management and supervisory techniques. For the top management, training programme will focus on service management skills so as to reinforce service quality and promote service consistency on a long-term basis. Front-line staff training will centre on field coaching, which enables all front-line supervisors and staff to apply customer service skills to real job situation; monitor service quality in the field and provide feedback. To ensure sustained support for the customer service culture, train-the-trainers programme will be conducted to train internal staff within Hongkong Post so that they can conduct customer service training independently in future. Reinforcement training will also be arranged for continuous service improvement in the long run. "We are confident that Hongkong Post's position as a top notch service organisation will be strengthened with the implementation of this training programme," Mr Footman said. End 13. Manufacturer fined for malpractice ********************************** A spokesman for the Customs and Excise Department said today (Wednesday) that it is a serious offence to furnish false information for export licence application. The warning was given after a cap manufacturer was fined $669,000 at Sha Tin Magistracy this morning after pleading guilty to nine counts of making false statements regarding the origin of goods in export licence applications. The goods involved were 157,064 caps and school bags valued more than $2 million for export to the USA. The court heard that Hong Tat Manufactory Enterprise Company Limited had submitted nine export licence applications for export to the USA. The accused declared it was the manufacturer of the goods and that the goods were of Hong Kong origin. However, investigations by officers of the Customs and Excise Department revealed that the statements made by Hong Tat Manufactory Enterprise Company Limited were false. All the goods in question were in fact manufactured in China. The spokesman stressed that the department would step up enforcement actions to track down such malpractice to protect the commercial reputation of Hong Kong and to ensure that the confidence of its trading partners in Hong Kong textiles control system would not be undermined by some dishonest businessmen. The maximum penalty for making false statement in an export licence is a fine of $500,000 and two years' imprisonment. "Members of the public having information on any suspected illegal textile trans-shipment activities could call the hotline 2804 2388," he added. End 14. Prize-giving ceremony of CAL Module Design Contest ************************************************** The Education Department and the Hong Kong Association for Computer Education have organised a Computer-Assisted Learning (CAL) Modules Design Contest for secondary students. The contest is aimed at promoting computer education among secondary students and developing CAL programs for schools by tapping the talents of the students. After keen competitions of the heats and semi-finals, 14 finalist projects will be competing for various prizes. A "Grand School Prize" will also be awarded to the school with most credit points. Prizes for the Outstanding Civic Education Project and Outstanding Teaching Tools will also be awarded. The overall standard of the entries is very high and there are some very outstanding projects. The CAL modules should belong to either languages; humanities; mathematics and science; or technical and cultural subjects. The final will be held on Saturday (February 28) at the Studio Theatre, the Hong Kong Polytechnic University. The finalists will demonstrate their programmes in front of the adjudicators and guests. The result will be announced in the Prize-giving Ceremony in the afternoon. The Senior Assistant Director of Education Department, Mr Anthony Tong, will officiate at the ceremony. A CD-ROM on "Fun with Learning 1998" will be launched at the ceremony. It contains a total of 23 projects selected from the CAL contests of previous years. A live demonstration of the Grand Prize winning projects and highlights of the CD-ROM will also be held. Enquiries may be made at the Curriculum Development Institute on 2892 5805. End 15. Improvement works on Shek Wu Hui Treatment Plant ************************************************ The capacity of the Shek Wu Hui Sewage Treatment Works will be increased by one-third to cope with planned development in the Sheung Shui and Fanling areas up to 2011. When the plant is upgraded in 2001, water quality in the River Indus, where effluent is discharged, will also be improved as sewage will be treated to the latest standard. Speaking after awarding a $247.3 million contract on the works today (Wednesday) to the Jardine Engineering Corporation Limited, the Assistant Director of Drainage Services (Electrical and Mechanical), Mr Ivan D'Souza, said new electrical and mechanical facilities would be installed to increase the plant's capacity from 60,000 cubic metres to 80,000 cubic metres daily. "The plant will be able to remove both the carbonaceous and nitrogenous pollutants as well as to reduce the E. Coli population in the incoming waste water," Mr D'Souza said. The project is part of the North District Sewerage Master Plan Study. End PROVISIONAL LEGISLATIVE COUNCIL MEETING SUPPLEMENT CONTENTS ======== 1. Occupational Deafness Compensation Scheme substantially enhanced 2. Tai Lam Tunnel and Yuen Long Approach Road Bylaw 3. Pharmacy & poisons amendment regulations 4. Adaptation of Laws (Interpretative Provisions) Bill 5. Adaptation of Laws (Nationality Related Matters) Bill 6. Compensation for pneumoconiosis under review 7. Measures to help unemployed CSSA recipients 8. Bags for chicken slaughter operation 9. Continued improvement in local hygiene 10. Code on access to information 11. Computerised health information systems 12. Poultry operators required to wear protective clothing 13. Low level radioactive waste storage facility 14. Early termination of exclusive licence held by HKTI 15. Effectiveness of Personal Data (Privacy) Ordinance 16. West Rail's "capital structure" 17. Assistance for the elderly during cold spells 1. Occupational Deafness Compensation Scheme substantially enhanced **************************************************************** Substantial improvements will be made to the Occupational Deafness Compensation Scheme under the Occupational Deafness (Compensation) (No.2) Bill 1997 passed by the Provisional Legislative Council today(Wednesday). The Bill will come into effect upon its publication in the Gazette on March 6, 1998. Moving the Bill at the Provisional Legislative Council this afternoon, the Secretary for Education and Manpower, Mr Joseph W P Wong, said: "The Bill seeks to give effect to a substantive package of improvements to the Occupational Deafness Compensation Scheme arising from a comprehensive review of the Scheme. The major improvements under the Bill aim primarily to expand the coverage of the Scheme to enable a larger number of claimants to benefit from the Scheme, and to streamline its operational procedures." The major measures include adding eight noisy occupations to the existing list of 17 specified noisy occupations for which compensation is payable, and waiving the requirement for the cost of hearing test and medical examination. The Bill also seeks to revise the Occupational Deafness (Compensation) (Amendment) Ordinance 1997 which was passed by the previous Legislative Council at its last sitting in June 1997, by lowering the scale of permanent incapacity with reference to different levels of hearing loss for the purpose of compensation. A transitional arrangement has, however, been added to enable those who have put in their claims before the amendments came into effect to continue to enjoy the higher rate of compensation in accordance with the (Amendment) Ordinance. This is in line with the objective of the Bill to accord priority to improvements seeking to expand the scope of the Scheme, rather than to increase the level of compensation to existing eligible claimants, in the light of the limited financial resources of the Scheme. The Bill was passed today together with a Committee Stage Amendment(CSA) moved by the Government, which seeks to relax the service requirement from ten to five years in respect of four "very noisy" occupations amongst the total of 25 specified noisy occupations (17 under the existing ordinance and eight proposed to be added under the Bill). In connection with this proposal, a transitional provision has also been added to enable those eligible claimants who have left the relevant noisy occupations for more than twelve months when the Bill is enacted, but who had been employed under a continuous contract in such occupations at any time since July 1, 1989, to apply within a twelve-month period. "We have decided to introduce this CSA, upon careful consideration of the merits of this proposal, its financial implications on the Occupational Deafness Compensation Board, and the views of the Bills Committee which had previously proposed to move a CSA for the same purpose (but without the above transitional provision). Since the scope of the Government's proposed CSA has more than covered that proposed by the Bills Committee, the latter has subsequently withdrawn its intention to move a CSA. "Taken together, the proposed improvements under the Bill will enable some 8,900 workers who are employed in the eight additional noisy occupations to be protected under the Occupational Deafness Compensation Scheme, and about 390 workers who are affected by the transitional arrangements to benefit from the Scheme. This will increase the total annual compensation liability of the Board by an average of 28 per cent, to reach between $50 to $60 million," Mr Wong said. To enable the Occupational Deafness Compensation Board to cope with the financial implications arising from the above improvements, the rate of employees compensation insurance levy will be increased by 0.8 per cent with effect from April 1, 1998. "We will closely monitor the financial situation of the Board and propose further increases to the levy rate as and when necessary," Mr Wong added. End 2. Tai Lam Tunnel and Yuen Long Approach Road Bylaw ************************************************ Following is a speech by the Secretary for Transport, Mr Nicholas Ng, in the Provisional Legislative Council in moving the motion under Section 26 of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance today (Wednesday): Madam President, I move that the "Tai Lam Tunnel and Yuen Long Approach Road Bylaw" be approved. The Tai Lam Tunnel and Yuen Long Approach Road, also known as Route 3 (Country Park Section), is a dual three- lane expressway connecting the urban areas with the north west New Territories. It comprises a 3.8 km Tai Lam Tunnel and a 6.3 km Yuen Long Approach Road, with connections to the Ting Kau Bridge and Tuen Mun Road in the south, and to the New Territories Circular Road at Au Tau and the Yuen Long Highway at Pok Oi Roundabout in the north. Under the "Tai Lam Tunnel and Yuen Long Approach Road Ordinance", the Route 3 (CPS) Company Limited was granted a franchise for the construction, operation and maintenance of the Tai Lam Tunnel and Yuen Long Approach Road. The Company was also empowered to make bylaws to control and regulate the conduct of vehicles and persons in the Tunnel and Approach Road area. The Bylaw mainly deals with the rules that drivers are required to comply with, and the penalty of non- compliance, etc. Provisions in the Bylaw are largely the same as those in the bylaws of other private tunnels. Apart from the above Bylaw, I am also empowered under the "Tai Lam Tunnel and Yuen Long Approach Road Ordinance" to make regulations in relation to the obligations and responsibilities of the Route 3 (CPS) Company Limited in operating the Tai Lam Tunnel and Yuen Long Approach Road. The "Tai Lam Tunnel and Yuen Long Approach Road Regulation" was introduced to the Provisional Legislative Council on 18 February 1998. Tai Lam Tunnel and Yuen Long Approach Road is scheduled to be open in mid-1998. The Bylaw has to be in place to provide for the Company's power in the management and operation of the Tunnel and to lay down the rules to be observed by tunnel users. Madam President, I beg to move. End 3. Pharmacy & poisons amendment regulations **************************************** Following is a speech by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday) in moving that the Poisons List (Amendment) Regulation 1998 and the Pharmacy and Poisons (Amendment) Regulation 1998 be approved. Madam President, I move that the Poisons List (Amendment) Regulation 1998 and the Pharmacy and Poisons (Amendment) Regulation 1998 as set out under my name in the paper circulated to Members be approved. The sale and supply of pharmaceutical products in Hong Kong is regulated by the Pharmacy and Poisons Ordinance, which establishes a registration and inspection system and for the protection of public health. The Pharmacy and Poisons Board is the statutory authority for the registration and control of pharmaceutical products. The two Amendment Regulations now before Members have already been endorsed by the Pharmacy and Poisons Board. The Amendment Regulations seek to add to the Poisons List and the relevant Schedules some newly registered medicines and to revise the classification of certain medicines to facilitate the necessary controls. 43 newly registered medicines are proposed to be added to the Poisons List and the Schedules so that they must be sold by dispensaries or pharmacies under the supervision of registered pharmacists, the majority of which will have to be additionally supported by prescriptions. In addition, the control on 28 medicines is proposed to be upgraded so that their current sale by dispensaries or pharmacies under the supervision of registered pharmacists should be additionally backed by prescriptions. On the other hand, the record keeping requirement for 40 medicines is recommended to be relaxed because recent scientific evidence has shown that they are safe for self-medication; nevertheless, they will still be sold under the supervision of registered pharmacists. The Pharmacy and Poisons Board has carefully studied the potency, toxicity and potential side-effects of the medicines concerned and has considered submissions from a number of organisations in the pharmacy profession before endorsing the amendments. With these remarks, I move the motion. End 4. Adaptation of Laws (Interpretative Provisions) Bill *************************************************** Following is a speech by the Secretary for Justice, Ms Elsie Leung, in moving the second reading of the Adaptation of Laws (Interpretative Provisions) Bill at the Provisional Legislative Council today (Wednesday): Madam President, I move that the Adaptation of Laws (Interpretative Provisions) Bill be read the second time. The main purpose of the Bill is to adapt the provisions relating to the construction, application and interpretation of laws to ensure conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China. The Interpretation and General Clauses Ordinance (Cap 1) is one of the laws previously in force in Hong Kong which has been adopted as a law of the Hong Kong Special Administrative Region. It contains a number of provisions which require adaptation. The early adaptation of those provisions relating to the construction, application and interpretation of Hong Kong laws, in particular by defining terms and expressions used in those laws, will remove any uncertainties that may arise in interpreting our laws in the light of the Hong Kong Reunification Ordinance. It will also assist in the rest of the adaptation of laws exercise, as the matters so adapted will not then need to be provided for in individual Ordinances. I will now describe the main provisions of the Bill and the reasons for them. The Bill provides that the amendments made by the Bill should have retrospective effect to cover the interim period between July 1, 1997 and the Bill's enactment. This retrospectivity will ensure that there is consistency of interpretation of all laws on and after July 1. However, this retrospectivity will not apply to criminality. This restriction is in line with the requirements in the International Covenant on Civil and Political Rights as applied to Hong Kong. The Bill repeals provisions which are either obsolete or contain colonial connotations and replaces them, where necessary, with new terms. The new terms include "Chief Executive", "Chief Executive in Council" and "Court of First Instance". However, certain of these provisions are temporarily retained in a new Schedule to the Ordinance as they will need to be referred to in appropriate cases until all Hong Kong laws have been completely adapted. The Bill provides that all references in Hong Kong laws to Government property shall be construed in accordance with Article 7 of the Basic Law, which provides that the land and natural resources within the Hong Kong Special Administrative Region shall be "State property". Under this proposed amendment, all references to "Government land", such as those provided in the Adaptation of Laws (Crown Land) Bill, will be construed in accordance with that Article. The Bill also contains provisions supplemental to Articles 17 and 160 of the Basic Law. Article 17 provides that the Standing Committee of the National People's Congress may, if two conditions are satisfied, return any law enacted by the legislature of the Hong Kong SAR. The first condition is that it must consult the Committee for the Basic Law of the SAR. The second condition is that it considers the law is not in conformity with provisions in the Basic Law regarding affairs within the responsibility of the Central Authorities, or regarding the relationship between the Central Authorities and the Region. Any law so returned is immediately invalidated. The Bill provides, firstly, that the Chief Executive shall as soon as possible notify any such invalidation by notice in the Gazette and, secondly, that the invalidation shall have the same legal effect as a repeal. Article 160 of the Basic Law provides for the non- adoption of laws previously in force that the Standing Committee of the National People's Congress has declared to be in contravention of the Basic Law. It also provides that, if any laws are later discovered to be in contravention of the Basic Law, they shall be amended or cease to have force. The Bill provides that any law that has not been adopted, or has ceased to have force, under that Article shall be treated as if it had been repealed. The Bill also makes adaptations in respect of the binding effect of Ordinances. Legislation that is expressed to be binding on "the Crown" is to be construed as binding on "the State". The Ordinance has the presumption that, in the absence of express words or necessary implication, Ordinances do not bind "the Crown". The presumption is to be adapted by replacing "the Crown" by "the State". The latter term is narrowly defined so that it corresponds to the meaning of "the Crown". The effect is to reflect the reunification, but otherwise to maintain the legal position as it was immediately before, and after, the reunification. The Bill defines the boundaries of the Hong Kong SAR by reference to the Order of the State Council No. 221 dated July 1, 1997. Madam President, the majority of the amendments that the Bill seeks to make are straight-forward and technical. They aim to remove any uncertainties in interpreting our laws, and are therefore essential for the smooth operation of the Hong Kong SAR. I commend this Bill to Members for early passage into law. End 5. Adaptation of Laws (Nationality Related Matters) Bill ***************************************************** Following is a speech by the Secretary for Security, Mr Peter Lai, in moving the second reading of the Adaptation of Laws (Nationality Related Matters) Bill in the Provisional Legislative Council today (Wednesday): Madam President, I move that the Adaptation of Laws (Nationality Related Matters) Bill be read the second time. The object of this Bill is twofold. First, the Bill adapts references to "British nationals", "British Dependent Territories citizen", "Commonwealth citizen" and "Commonwealth country" in the laws of Hong Kong. As the Hong Kong Reunification Ordinance does not specifically provide for the substitution of such references in particular contexts, it is necessary to adapt these references so that our legislation is consistent with the Basic Law and Hong Kong's status as a Special Administrative Region of the PRC. Without these adaptations the relevant provisions, drafted under the old constitutional arrangements, will not be able to give effect to the true legislative intent. The proposed adaptations are listed in Schedule 1 to the Bill. In most cases, the reference is either repealed or replaced by the terms "permanent resident of the Hong Kong Special Administrative Region", "Chinese citizen" or "individuals". Schedule 1 covers the majority of such references in our legislation, except for a few cases where the Ordinances are subject to comprehensive review or repeal, or where the Ordinances relate to the operation of individual organisations. Secondly, the Bill aims to amend the Immigration Ordinance with regard to the "right to land" status accorded to former Hong Kong Permanent Residents. Subject to transitional provisions under the Immigration (Amendment) (No. 2) Ordinance passed by this Council and assented by the Chief Executive on July 1, 1997, a former Hong Kong permanent resident, upon losing the right of abode in Hong Kong, is conferred the "right to land". A person with such a right may enter, stay and work in Hong Kong freely. While the definition of "right to land" is already provided for under the Immigration (Amendment) (No. 2) Ordinance, for the avoidance of doubt technical refinement is necessary to more explicitly express which provisions relate to persons with such a right. The proposed amendments are listed in Schedule 2 to the Bill. It is proposed that this Bill be deemed to have come into operation on July 1, 1997, to tie in with the effective date of the interpretation principles stipulated in the Hong Kong Reunification Ordinance, which came into operation on that date. There are, however, two exceptions. The first is in areas involving criminal liability which will come into operation when the Bill is passed into law. This is in line with Article 15 of the International Covenant on Civil and Political Rights. The second exception is in items in Schedule 1 to the Bill relating to the issue of permanent identity cards to applicants for British National (Overseas) Passport. These items will come into operation at a later date upon notice in the Gazette in order to facilitate the issue of permanent identity cards to BN(O) passport applicants whose applications were submitted before the prescribed deadlines and the processing of which are still unfinished. Once these final few cases are processed, the relevant items will be accordingly adapted. Madam President, this Bill is essential for ensuring clarity in our legislation with regard to references to "British national", "Commonwealth citizen" etc. It also ensures that former Hong Kong Permanent Residents' "right to land" is unequivocally provided for in the Immigration Ordinance. The Bill is therefore important for the smooth operation of the Hong Kong Special Administrative Region. I commend it to this Council for early passage into law. End 6. Compensation for pneumoconiosis under review ******************************************** Following is a question by the Hon Tam Yiu-chung and a reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council whether or not it has established a mechanism to fulfil its pledge to adjust the amount of compensation payable to persons suffering from pneumoconiosis on a regular basis; if so, what the details are; if not, why not? Reply: Madame President, Under the Pneumoconiosis (Compensation Ordinance) (Chapter 360) (the Ordinance), persons who were diagnosed on or after January 1, 1981 as suffering from pneumoconiosis or their family members, as appropriate, are eligible to receive seven items of compensation payments: (1) compensation for incapacity; (2) compensation for death resulting from pneumoconiosis; (3) payment of expenses for medical appliances; (4) compensation for care and attention; (5) payment of medical expenses for treatment in connection with pneumoconiosis; (6) compensation for pain, suffering and loss of amenities; and (7) funeral expenses. Among these items, it has been clearly stipulated in the Ordinance that the amounts of compensation for incapacity and the lump sum compensation for death are to be computed on the basis of the overall average daily wage earned by persons engaged in Government building and construction workers compiled by the Census and Statistics Department as at January 1 of each year. In other words, these two items will automatically be adjusted annually. As regards the payment of expenses for medical appliances, the Pneumoconiosis Compensation Fund Board has to bear the actual expenses in accordance with the relevant provisions of the Ordinance. Since the actual expenses incurred will be fully reimbursed, regular revision is not necessary. For the remaining four items, their monetary amounts are stipulated under the First and Second Schedules of the Ordinance. It has been the Administration's established practice to review the compensation amounts of these items every two years, taking into account primarily the cumulative effects of inflation. We are now reviewing the amounts of these four compensation items and will put our proposal to the first Hong Kong Special Administrative Region Legislative Council for consideration during the first half of the 1998/99 legislative session. End 7. Measures to help unemployed CSSA recipients ******************************************* Following is a question by the Hon Chan Yuen-han and a reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: An unemployed person receiving the Comprehensive Social Security Assistance (CSSA) killed himself recently because he did not have the means to provide for his wife and daughters. In this connection, will the Government inform this Council: (a) whether it will review its policy on CSSA in the wake of the above incident; (b) whether it will review the current focuses of home visits paid by Social Welfare Department staff and strengthen the training in their home visits skills, especially with regard to understanding the mental and psychological state of CSSA recipients; (c) of the current number of unemployed people receiving CSSA; and whether the authorities: (i) have encouraged them to join employees retraining programmes; if so, of the percentage of such people who successfully obtained employment after training; (ii) have provided other assistance to them in looking for jobs; if so, of the number of job interviews given to them, and the reasons for their failure to get employed; if not, what the reasons are; and (d) whether the authorities will study the establishment of an employment protection system in order to help the unemployed; if so, when such a study will take place; if not, what the reasons are? Reply: Madam President, The Comprehensive Social Security Assistance (CSSA) Scheme provides assistance for those in need (including the unemployed) to meet their basic daily expenses. The Scheme also provides special grants for recipients to meet the education and transportation expenses of their children. Furthermore, recipients can enjoy free medical services at public clinics and hospitals. CSSA payments are regularly reviewed and adjusted to ensure that they can meet the needs of the recipients. On average, an eligible family of four now receives about $10,000 each month under the scheme. My reply in response to the question raised by the Honourable Chan Yuen-han is as follows: (a) It is sad and regrettable for one to commit suicide. However, various factors, such as financial, health, mental, emotional or family problems, may have contributed to such an action. To respect the feelings of those concerned, we do not intend to disclose here the details of the case in question. At the instruction of the Chief Executive, the Social Welfare Department (SWD) is presently conducting a comprehensive review of the CSSA scheme. The scope of the review will include the extent and management of the Scheme. We will make sure that the old-aged, physically weak and disabled persons will obtain what they need under the CSSA Scheme. However, for those recipients who have working ability, we will make use of this opportunity to enhance the related measures to encourage and help them to rejoin the labour market, thus to improve their standard of living. (b) "Home visits" are integral to the procedures in processing CSSA applications. The main purpose of such visits is to verify the information provided by the applicants. Upon case review, home visits are conducted in order to find out whether there are any changes in the recipients circumstances, so as to determine whether they are still eligible for CSSA. If the home visiting staff find that CSSA recipients have other welfare needs other than financial assistance, they will, with the recipients' consent, refer the recipients to Family Service Centres of SWD or other welfare organisations for follow-up. As an on-going programme, training on basic skills in handling people with emotional disturbance are provided to Social Security Field Unit staff. Our staff are reminded to be alert to the emotional state of CSSA recipients to ensure an early intervention of professionals. (c) According to the records maintained by SWD, there were about 17,000 "unemployed" CSSA cases as at the end of January this year which accounted for 9% of the total number of cases. (i) When an "unemployed" CSSA recipient registers with the Labour Department for employment, the Department will advise him to join the Employees Retraining Course if it is considered useful in helping them find employment. The Employees Retraining Board (ERB) offers a wide range of courses to help displaced workers acquire new or enhanced vocational skills which facilitate them to find alternative employment. CSSA recipients are accorded priority for enrolment in various retraining courses under ERB. According to ERB's statistics on retrainees who indicate themselves to be CSSA recipients which were kept since May 1997, as of January 30, 1998, 708 retrainees who had completed retraining were CSSA recipients. Of these 378 who had completed full-time training courses, and 140 of them had subsequently been placed in jobs. (ii) Unemployed CSSA recipients are given priority in the employment services of the Department. They can either choose to use the self-help mode of employment services of the Local Employment Service (LES) or join the Job Matching Programme which provides personalised and intensive placement and counselling service specifically for the unemployed. The Selective Placement Division of the Labour Department also provides specialised placement services for disabled 'unemployed' CSSA recipients who wish to seek open employment. For disabled "unemployed" CSSA recipients who wish to seek open employment, the Selective Placement Division of the Labour Department provides specialised placement services. We are currently conducting a pilot scheme which aims at stepping up employment assistance to the unemployed CSSA recipients. Through this pilot scheme, we hope to identify the unemployed CSSA recipients' aptitude, skills training/retraining needs and, with the support of counselling, job placement and retraining services, assisting them in rejoining the workforce and eventually getting off the welfare net. In 1997, there were about 25,000 unemployed CSSA recipients registered with the LES. 2,800 interviews had been arranged for them and 329 were placed in jobs representing a success rate of 1.3%. We do not keep data on the reasons underlying failure to secure employment. (d) The Government has no plans to examine the establishment of an unemployment protection system. Those unemployed persons who have financial difficulty, like others in financial need, can be assisted with the CSSA Scheme. End 8. Bags for chicken slaughter operation ************************************ Following is a question by the Hon Peggy Lam and a reply by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Provisional Legislative Council today (Wednesday): Question: In the Government's operation to slaughter chickens, the chicken carcasses were put into industrial grade plastic bags and subsequently transported to landfills for dumping. In this connection, will the Government inform this Council: (a) of the total number of industrial grade plastic bags used in the operation; and (b) whether it has studied the length of time it takes for the buried industrial grade plastic bags to decompose and the impact such an arrangement will have on the environment; if so, what the findings are; if not, why not? Reply: Madam President, (a) An estimated total of 276,500 plastic bags were used in the chicken slaughter operation. (b) The bags used were the same polyethylene/polypropylene bags commonly used for the collection of our municipal waste. It will take up to over 100 years for these bags to degrade completely, but their use will not cause any significant pollution problems at the landfills as the landfills have already catered for this in their design and technology. End 9. Continued improvement in local hygiene ************************************** Following is a question by the Hon Lee Kai-ming and a written reply by the Secretary for Broadcasting, Culture and Sport, Mr Chau Tak-hay, in the Provisional Legislative Council today (Wednesday): Question: At the Question and Answer Session of this Council on January 15 this year, the Chief Executive stated that the standard of hygiene and cleanliness in Hong Kong had deteriorated in recent years. In this connection, will the Government inform this Council of: (a) the number of cases of littering resulting in prosecution last year, how this figure compares with that in each of the three years before last; and (b) the measures currently adopted for improving the hygiene and cleanliness conditions in Hong Kong? Reply: Madam President, Based on the information provided by the Urban Services Department (USD) and the Regional Services Department (RSD), my answers to the Hon Lee Kai-ming's questions are as follows: (a) Over the year both Departments had taken prosecution action against a total of 41,413 persons for littering. The prosecution figures stood at 36,238, 35,495 and 39,142 in 1994, 1995 and 1996 respectively and were on steady increase during the past two years. The Departments concerned will step up prosecution action against offenders in future with a view to making the public more conscious of the importance of keeping their surroundings clean. (b) The Provisional Urban Council (PUC) and the Provisional Regional Council (PRC) are very much concerned about environmental hygiene in Hong Kong. Since the "Joint UC/RC Keep Hong Kong Clean Steering Committee" was formed in 1986, the Councils have actively launched the Clean Hong Kong Campaign to educate the public the importance of maintaining environmental hygiene and cleanliness through publicity and District Involvement Project. To strive for continued improvement in local hygiene and cleanliness, the Councils conduct regular reviews on the themes and strategy of the Clean Hong Kong Campaign in order to cope with the needs of the community. The Clean Hong Kong Campaign for 1998/99 will still go for public participation, reminding the public to reduce wastes and focusing on the younger generation by letting them know that as a citizen of Hong Kong, they do have the obligation in keeping Hong Kong clean. To further improve the cleanliness in public places, RSD is planning to strengthen its monitoring on private cleansing contractor by taking penalising actions under the contract provisions. In addition, a monthly appraisal system will be introduced to form one of the criteria for considering future bids for PRC's contracts submitted by individual contractor. Moreover, USD and RSD have raised the standard of market cleanliness, requesting additional manpower and specialised equipment from market cleansing contractors so as to keep public toilets (P.Ts), as well as other public places in the markets in a fairly clean condition. The environmental hygiene of P.Ts is an area of concern for the two Councils which regularly review the standard of P.T. services to ensure that the hygienic condition of P.Ts can be of better standard. "An Ad hoc Committee to Review the Provision of Public Toilet Facilities in the Regional Council Area" was set up in May 1996 to examine ways for improving the provision and management of P.T. and aqua-privy toilet facilities in the RC area. End 10. Code on access to information ***************************** Following is a question by the Hon Choy Kan-pui and a written reply by the Secretary for Home Affairs, Mr David Lan, in the Provisional Legislative Council today (Wednesday): Question: According to the "Code on Access to Information", the public can seek information from government departments. It is reported that, as at the end of last year, a total of 3358 of such requests were received by various government departments. In this connection, will the Government inform this Council, among these requests: (a) of the number of those cases which were provided with information by government departments, and the major categories of information involved; and (b) of the details of those cases in which information was not provided, including: (i) the major categories of information involved; (ii) the reasons for not providing the information; and (iii) the government departments concerned and their respective numbers of cases? Reply: Madam President: (a) From March 1, 1995 (when the Code on Access to Information was introduced) up to December 31, 1997, Government departments received a total of 3,358 requests for information under the Code. Of these, 2,906 were met, either in full (2,837) or in part (69). We do not keep separate statistics on the types of information sought. However, the documents commonly requested include decisions on government policies, details of services provided by individual departments, minutes of meetings, consultancy reports, case records, statistics, development plans and other operational data. (b) Of the 3,358 requests received, 89 were rejected. (i) As mentioned in (a) above, no separate statistics are kept on the types of information sought. Some examples of the rejected cases are internal discussion papers, personal information, case records, commercial information and plans of development, etc. (ii) The Code requires departments to provide information unless there are specific reasons for not doing so. These reasons are set out in the Code. The breakdown of the reasons for refusal, by reference to the relevant paragraph in the Code, is as follows - Relevant paragraph in the Code Reasons for refusal Frequency 2.3 Defence and security 2 2.4 External Affairs 1 2.5 Nationality, immigration 2 and consular matters 2.6 Law enforcement, legal 11 proceedings and public safety 2.9 Management and operation 15 of the public service 2.10 Internal discussion and advice 12 2.11 Public employment and 2 public appointments 2.12 Improper gain or advantage 2 2.13 Research, statistics and analysis 8 2.14 Third party information 16 2.15 Privacy of the individual 18 2.16 Business affairs 5 2.17 Premature requests 12 2.18 Legal restrictions 1 Total 107 The 'frequency' total (107) exceeds the number of rejected applications (89) because, in some instances, there were more than one reason for rejection. (iii) The agencies involved in the 89 refusal cases are: Department No. of cases Agriculture and Fisheries Department 1 All registries and administrative 7 offices of courts and tribunal for which the Judiciary Administrator has responsibility Architectural Services Department 3 Audit Commission 1 Broadcasting, Culture and Sport Bureau 2 Buildings Department 3 Census and Statistics Department 1 Civil Engineering Department 1 Civil Service Bureau 3 Companies Registry 1 Correctional Services Department 2 Economic Services Department 2 Environmental Protection Department 4 Financial Services Bureau 1 Highways Department 2 Home Affairs Bureau 1 Home Affairs Department 9 Hong Kong Police Force 1 Housing Department 6 Immigration Department 1 Independent Commission Against Corruption 1 Labour Department 1 Land Registry 10 Lands Department 3 Legal Aid Department 2 Planning Department 6 Rating and Valuation Department 2 Regional Services Department 1 Security Bureau 4 Social Welfare Department 6 Water Supplies Department 1 Total 89 End 11. Computerised health information systems *************************************** Following is a question by the Hon Hui Yin-fat and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: The Report of the Working Party on Primary Health Care (the Report) published by the Government in 1990 recommended the development of a health information system to improve the collection, analysis and utilization of information about health. In this connection, will the Government inform this Council whether: (a) the Department of Health has developed the health information system and made improvements as recommended by the Report; if not, why not; and (b) this information system dovetails with researches in primary health care? Reply: (a) The Department of Health has actively pursued the development of computerised health information systems, and has achieved good progress in some of its major service areas: (i) the operation of the Student Health Service has been computerised since 1995, and the clinical findings have been entered into the computer for record; (ii) computerisation of the Maternal and Child Health service is underway and is scheduled for completion in 2000; (iii) the dispensary service of the Department's General Out-patient Clinics has been computerised since 1995. A database on medications taken by chronic patients has been established; (iv) the Department has commissioned a consultancy study to examine how to fully implement computerisation in the General Out-patient Clinics in order to improve the quality of service. (b) The Department of Health's developing health information systems can assist in a wide range of departmental functions, including patient care, service planning and primary health care research. For example, the data collected by the Maternal and Child Health Service and the Student Health Service can support the research on the health status of local children and the trends of common diseases faced by them. The health data collected by the General Out-patient Service can support the surveillance programme on communicable diseases and the assessment on the effectiveness of different treatment regimens. End 12. Poultry operators required to wear protective clothing ****************************************************** Following is a question by Dr the Hon Tang Siu-tong and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: It is reported that some workers did not wear the protective clothing specified by the authorities when working at chicken stalls, and they claimed that wearing the specified gloves would hinder the chicken slaughtering work. In this connection, will the Government inform this Council: (a) of the measures in place to urge these workers to put on the specified clothing; and (b) whether it will consider improving the design of the gloves? Reply: Madam President, (a) According to the Urban Services Department and Regional Services Department, poultry operators will be required shortly to wear protective clothing under a set of new conditions attached to the tenancy agreements. Health inspectors will take necessary enforcement actions against offenders. (b) With regard to the claims that wearing the specified gloves would hinder the slaughtering work, Urban Services Department and Regional Services Department have considered further. Workers will not be required to wear gloves in order to facilitate the work of slaughtering chickens. End 13. Low level radioactive waste storage facility ******************************************** Following is a question by the Hon Tso Wong Man-yin and a written reply by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Provisional Legislative Council today (Wednesday): Question: With regard to the authority's plan to construct a low level radioactive waste storage facility at Siu A Chau, will the Government inform this Council: (a) of the respective costs involved in the design, construction and operation of the facility; (b) of the progress of the relevant tendering works; and (c) whether it has discussed with the relevant Mainland authorities the disposal of the territory's low- level radioactive waste in the Mainland? If so, what the outcome is; if not, why not? Reply: Madam President, The estimated costs for the design and construction of the facility at December 1997 price levels were about $12 million and $71 million respectively. The annual operation costs were about $3 million. We are currently re-examining the scope of the project due to a significant reduction of the waste forecasts after a major waste producer ceased operating in Hong Kong. We plan to re-tender the project with the revised scope later this year. We have not discussed the disposal of our low-level radioactive waste with Mainland authorities. It is our view that hazardous wastes should be treated and disposed of where they are produced. End 14. Early termination of exclusive licence held by HKTI *************************************************** Following is a question by Dr the Hon Law Cheung-kwok and a written reply by the acting Secretary for Economic Services, Mr Leo Kwan, in the Provisional Legislative Council today (Wednesday): Question: In the wake of the Government's decision on the early termination of the exclusive licence held by Hong Kong Telecom International Limited, many providers of "call- back services" in the telecommunications industry worry that they may be deprived of opportunities to develop their business. In this connection, will the Government inform this Council of the measures in place to remove the operators' anxieties and convince them that, with the termination of the exclusive licence, the external telecommunications market will be fully opened up and provide a level playing-field for all of them? Reply: The Government's policy regarding competitive external telecommunications services is set out in paragraph 10 of the Policy Statement "Liberalisation of Hong Kong's External Telecommunications" issued on January 20, 1998. This reads: "In accordance with the Government's established policy of not limiting the number of services-only operators, a new non-exclusive external services licence will be drafted. This new licence will be similar in form to the International Simple Resale of Facsimile and Data licence. Applications for the new licence will not be invited until after the Government completes its FTNS review in mid 1998 and, in any event, new licences would not be effective until after January 1, 1999. Final decisions on who may apply, the number of licences, the scope of licences and relevant terms and conditions have not been taken yet." Final arrangements for the external telecommunications services market will be determined following public consultations through the FTNS review mentioned above and the current review of the delivery fee arrangements. The views of the call-back operators will be important inputs to these reviews. We are committed to full competition in the external telecommunication services market, in a sustainable manner, over a level playing-field. Given the concerns of the call-back operators, we are prepared to bring forward the FTNS review to commence from April 1, 1998. This will enable us to complete the review early enough to issue non-exclusive licences before January 1, 1999. End 15. Effectiveness of Personal Data (Privacy) Ordinance ************************************************** Following is a question by the Hon Kennedy Wong and a written reply by the Secretary for Home Affairs, Mr David Lan, in the Provisional Legislative Council today (Wednesday): Question: In view of the recent series of incidents involving the unauthorised use of the personal data of clients, will the Government inform this Council: (a) whether it has reviewed the effectiveness of the Personal Data (Privacy) Ordinance; if so, what the outcome is; (b) whether it will take measures to deter the unlawful use of the personal data of members of the public; if so, what the details are; and (c) whether it is aware if the Office of the Privacy Commissioner for Personal Data has any plans to step up the publicity on the principles for protecting personal data; if the Office has such plans, what the details are? Reply: Madam President, (a) Since the implementation of the Personal Data (Privacy) Ordinance Cap. 486 ("PDPO"), which took effect on December 20, 1996, the community as a whole has become more conscious of the importance of protecting individuals' right to privacy in respect of personal data. This is evident from media coverage and the 11,413 enquiries and 254 complaints received by the Privacy Commissioner for Personal Data ("PC") during the period from December 20, 1996 to January 31, 1998. Feedback received by Home Affairs Bureau and the PC's Office ("PCO") confirms that generally data users have been taking active steps to comply with the PDPO. A public opinion survey commissioned by the PCO was completed in March 1997. It showed that: (i) 56% of the individuals surveyed indicated awareness of the PDPO; and (ii) 72% of the organisations surveyed indicated that they had received booklets and pamphlets from the PCO; 32% had attended a seminar or talk in which the PCO participated; 83% said they had begun to prepare for compliance with the PDPO; and around 60% said the PDPO would have long-term benefit for data users. Nothing in the survey results indicates a need to undertake a review of the effectiveness of the Ordinance at this early stage and we have not done so. The survey will be repeated annually, with the next one already underway. Comparison of the results of the surveys will give more information on the effectiveness of the PDPO in protecting personal data privacy. (b) Generally speaking, the misappropriation of personal data of individuals, depending on the nature and circumstances of such misappropriation, will be likely to involve the contravention of one or more of the data protection principles, in particular data protection principles 1, 3 and 4 in Schedule 1 to the PDPO. The contravention of a data protection principle is not in itself a criminal offence. However, the PC may issue an enforcement notice in order to prevent the repetition or continuation of such a contravention. Under section 64(7) of the PDPO, failure to comply with an enforcement notice is an offence punishable by a fine of $50,000 and imprisonment for two years; in the case of a continuing offence, a daily penalty of $1,000 may be imposed. Moreover, under section 66(1) and (2) of the PDPO, a data subject who has suffered damage, including injury to feelings, as a result a contravention of the PDPO including the contravention of a data protection principle, shall be entitled to compensation from the person committing the contravention. To enforce such entitlement to compensation, the individual concerned may pursue a civil claim through the courts. One possible factor in the misappropriation of personal factor is shortcoming in security measures. In the course of its checks to ensure compliance with the PDPO, the PCO has examined the details of the security measures adopted by certain companies where there were suspected breaches of security in relation to clients' information. In none of these cases did the PCO identify any security shortcoming. The PCO will continue with such compliance checks as far as its resources permit. Depending on the circumstances in which the personal data in question are misappropriated, the misappropriation may involve criminal offences unrelated to the PDPO. For example, if the personal data are misappropriated through bribery, the persons committing the bribery are liable to a fine of $500,000 and imprisonment for seven years under section 12(1)(a)(iii) of the Prevention of Bribery Ordinance Cap. 201. The measures described in paragraphs 4 to 6 above should provide effective deterrent against the misappropriation of personal data. The Law Reform Commission has been conducting a general review of the law relating to privacy. In the light of the Commission's reports expected to be issued this year, the Government will consider whether any additional measures to protect privacy are required. (c) Since its establishment on August 1, 1996, the PC's Office has devoted considerable effort to publicising and promoting public awareness of the requirements of the PDPO in general and the data protection principles in particular. These efforts have included printed guides to data users and data subjects, announcements on television and radio, posters, press briefings and seminars. Such efforts are continuing. There is currently a television and radio campaign and roadshows are being held at various shopping malls to promote awareness among the general public. The PCO continues to provide seminars and to prepare and distribute guidance materials on compliance with the PDPO. It also intends to issue guidelines on the security of personal data later this year and will continue to ensure that appropriate publicity is given to cases where breaches of the PDPO are found to have occurred following investigations by the PCO, including cases such as those referred to in the question raised by the Hon Kennedy Wong. End 16. West Rail's "capital structure" ******************************* Following is a question by Dr the Hon Law Cheung-kwok and a written reply by the Secretary for the Treasury, Mr K C Kwong, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council of the detailed rationale regarding its view that there is only an indirect relation between the "capital structure" and the fare levels of the West Rail? Reply: The capital structure reflects the means through which KCRC will fund the investment required in the West Rail. It consists of a mix of equity, loans and other funding sources. KCRC will develop its fare policy for the West Rail independently of its existing business, having regard to prudent commercial principles, and taking into account operating costs, passenger affordability and competition with other transport modes. In short, fare levels for the West Rail are set primarily at the operating level by KCRC, without particular regard to the capital structure for the West Rail. There is, however, an indirect relationship between the proposed capital structure for the West Rail and the eventual fare levels. This arises from the need for the KCRC, as a commercially-oriented railway organisation, to produce sufficient operating surpluses to service its capital requirements and avoid subsidies. The financing plan for the West Rail has been formulated with a view to allowing the KCRC to service its capital in the most cost- effective manner, having regard to - (i) the higher-risk and therefore more expensive nature of equity compared to debt for a project of this type; (ii) the need for a sufficiently strong equity base to enable KCRC to raise funds in financial markets; and (iii) the amount of debt which KCRC could raise at a corporate level at a reasonable cost. The debt and equity mix now proposed permits the KCRC to retain a reasonable level of earnings for reinvestment purposes. End 17. Assistance for the elderly during cold spells ********************************************* following is a question by the Hon Tam Yiu-chung and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council of the measures taken during the recent cold spell to assist the elderly in keeping warm so that they would not freeze to death? Reply: Madam President, During cold spells, all Government departments concerned, including the Hong Kong Observatory (HKO), Home Affairs Department (HAD), Social Welfare Department (SWD) and Department of Health, will make joint efforts to assist the elderly in keeping warm. Before the arrival of winter, the Government will, by various means, remind elderly people of the importance of keeping warm and the ways of seeking help in case of emergency. The Government will also urge the public to care for their older family members and to see whether elderly people in their neighbourhood, particularly those living alone, need any support and assistance. APIs produced by SWD are broadcast on television or radio to remind elderly people to take good care themselves and to call the SWD hotline in case they need help. Besides, SWD encourages and subsidises eligible elderly people who are in need to install an emergency alarm system. The Department of Health will organise talks at its elderly health centres or at community centres in various districts to teach elderly people how to keep warm and take care of themselves. Besides, through a 24-hour hotline, the Central Health Education Unit of the Department will provide elderly people and their family members with information on ways to keep warm. Relevant leaflets produced by the Unit will be distributed at various general outpatient clinics and elderly health centres. When the HKO forecasts that there will be a cold spell, all departments concerned will attend a press conference convened by the HKO, during which they will call upon elderly people to protect themselves against the cold. When the temperature is forecast to drop to 120C or below , HAD will open the 14 temporary cold shelters to provide temporary relief from the cold for people in need, particularly street sleepers. HAD will provide transport services to take street sleepers to temporary cold shelters as and when necessary. Apart from distributing blankets to street sleepers, SWD will urge them, particularly elderly ones, to move into the temporary cold shelters operated by HAD. In addition, the 24-hour hotline set up by SWD will also be manned by professional social workers to provide suitable assistance to those who seek help. During this winter, four blanket-distribution exercises have been conducted, and over 170 people who have sought help through the hotline have all been rendered suitable assistance. Efforts have been made by SWD to co-ordinate the resources available in the community to help elderly people keep out the cold. In December last year, SWD issued a notice to all operators of homes for the aged, requesting them to take appropriate measures to ensure the health of elderly people under their care. To assist elderly people in keeping warm, SWD also mobilised all multi-service centres and social centres for the elderly to organise relevant talks and activities for elderly people, their carers and volunteers. Between last Christmas and the Lunar New Year, SWD, together with non- governmental agencies, conducted a territory-wide exercise under the "Social Networking for the Elderly" project, during which gift packs and greetings were sent to over 5,000 elderly people living alone. Arrangements were also made for volunteers under this project to make phone calls and goodwill visits to over 13,000 elderly people living alone. During the severely cold weather in January and February this year, SWD organised over 100 activities in conjunction with non-governmental agencies to assist elderly people in keeping warm. The Government will continue to take such and other measures, and will actively promote the concept of caring for the elderly. To uphold the spirit of "respecting and caring for the elderly" and "community involvement", family members, relatives, friends and neighbours should work together to ensure the safety of elderly people in cold weather. End PROVISIONAL LEGISLATIVE COUNCIL MEETING SUPPLEMENT CONTENTS ======== 1. Occupational Deafness Compensation Scheme substantially enhanced 2. Tai Lam Tunnel and Yuen Long Approach Road Bylaw 3. Pharmacy & poisons amendment regulations 4. Adaptation of Laws (Interpretative Provisions) Bill 5. Adaptation of Laws (Nationality Related Matters) Bill 6. Compensation for pneumoconiosis under review 7. Measures to help unemployed CSSA recipients 8. Bags for chicken slaughter operation 9. Continued improvement in local hygiene 10. Code on access to information 11. Computerised health information systems 12. Poultry operators required to wear protective clothing 13. Low level radioactive waste storage facility 14. Early termination of exclusive licence held by HKTI 15. Effectiveness of Personal Data (Privacy) Ordinance 16. West Rail's "capital structure" 17. Assistance for the elderly during cold spells 1. Occupational Deafness Compensation Scheme substantially enhanced **************************************************************** Substantial improvements will be made to the Occupational Deafness Compensation Scheme under the Occupational Deafness (Compensation) (No.2) Bill 1997 passed by the Provisional Legislative Council today(Wednesday). The Bill will come into effect upon its publication in the Gazette on March 6, 1998. Moving the Bill at the Provisional Legislative Council this afternoon, the Secretary for Education and Manpower, Mr Joseph W P Wong, said: "The Bill seeks to give effect to a substantive package of improvements to the Occupational Deafness Compensation Scheme arising from a comprehensive review of the Scheme. The major improvements under the Bill aim primarily to expand the coverage of the Scheme to enable a larger number of claimants to benefit from the Scheme, and to streamline its operational procedures." The major measures include adding eight noisy occupations to the existing list of 17 specified noisy occupations for which compensation is payable, and waiving the requirement for the cost of hearing test and medical examination. The Bill also seeks to revise the Occupational Deafness (Compensation) (Amendment) Ordinance 1997 which was passed by the previous Legislative Council at its last sitting in June 1997, by lowering the scale of permanent incapacity with reference to different levels of hearing loss for the purpose of compensation. A transitional arrangement has, however, been added to enable those who have put in their claims before the amendments came into effect to continue to enjoy the higher rate of compensation in accordance with the (Amendment) Ordinance. This is in line with the objective of the Bill to accord priority to improvements seeking to expand the scope of the Scheme, rather than to increase the level of compensation to existing eligible claimants, in the light of the limited financial resources of the Scheme. The Bill was passed today together with a Committee Stage Amendment(CSA) moved by the Government, which seeks to relax the service requirement from ten to five years in respect of four "very noisy" occupations amongst the total of 25 specified noisy occupations (17 under the existing ordinance and eight proposed to be added under the Bill). In connection with this proposal, a transitional provision has also been added to enable those eligible claimants who have left the relevant noisy occupations for more than twelve months when the Bill is enacted, but who had been employed under a continuous contract in such occupations at any time since July 1, 1989, to apply within a twelve-month period. "We have decided to introduce this CSA, upon careful consideration of the merits of this proposal, its financial implications on the Occupational Deafness Compensation Board, and the views of the Bills Committee which had previously proposed to move a CSA for the same purpose (but without the above transitional provision). Since the scope of the Government's proposed CSA has more than covered that proposed by the Bills Committee, the latter has subsequently withdrawn its intention to move a CSA. "Taken together, the proposed improvements under the Bill will enable some 8,900 workers who are employed in the eight additional noisy occupations to be protected under the Occupational Deafness Compensation Scheme, and about 390 workers who are affected by the transitional arrangements to benefit from the Scheme. This will increase the total annual compensation liability of the Board by an average of 28 per cent, to reach between $50 to $60 million," Mr Wong said. To enable the Occupational Deafness Compensation Board to cope with the financial implications arising from the above improvements, the rate of employees compensation insurance levy will be increased by 0.8 per cent with effect from April 1, 1998. "We will closely monitor the financial situation of the Board and propose further increases to the levy rate as and when necessary," Mr Wong added. End 2. Tai Lam Tunnel and Yuen Long Approach Road Bylaw ************************************************ Following is a speech by the Secretary for Transport, Mr Nicholas Ng, in the Provisional Legislative Council in moving the motion under Section 26 of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance today (Wednesday): Madam President, I move that the "Tai Lam Tunnel and Yuen Long Approach Road Bylaw" be approved. The Tai Lam Tunnel and Yuen Long Approach Road, also known as Route 3 (Country Park Section), is a dual three- lane expressway connecting the urban areas with the north west New Territories. It comprises a 3.8 km Tai Lam Tunnel and a 6.3 km Yuen Long Approach Road, with connections to the Ting Kau Bridge and Tuen Mun Road in the south, and to the New Territories Circular Road at Au Tau and the Yuen Long Highway at Pok Oi Roundabout in the north. Under the "Tai Lam Tunnel and Yuen Long Approach Road Ordinance", the Route 3 (CPS) Company Limited was granted a franchise for the construction, operation and maintenance of the Tai Lam Tunnel and Yuen Long Approach Road. The Company was also empowered to make bylaws to control and regulate the conduct of vehicles and persons in the Tunnel and Approach Road area. The Bylaw mainly deals with the rules that drivers are required to comply with, and the penalty of non- compliance, etc. Provisions in the Bylaw are largely the same as those in the bylaws of other private tunnels. Apart from the above Bylaw, I am also empowered under the "Tai Lam Tunnel and Yuen Long Approach Road Ordinance" to make regulations in relation to the obligations and responsibilities of the Route 3 (CPS) Company Limited in operating the Tai Lam Tunnel and Yuen Long Approach Road. The "Tai Lam Tunnel and Yuen Long Approach Road Regulation" was introduced to the Provisional Legislative Council on 18 February 1998. Tai Lam Tunnel and Yuen Long Approach Road is scheduled to be open in mid-1998. The Bylaw has to be in place to provide for the Company's power in the management and operation of the Tunnel and to lay down the rules to be observed by tunnel users. Madam President, I beg to move. End 3. Pharmacy & poisons amendment regulations **************************************** Following is a speech by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday) in moving that the Poisons List (Amendment) Regulation 1998 and the Pharmacy and Poisons (Amendment) Regulation 1998 be approved. Madam President, I move that the Poisons List (Amendment) Regulation 1998 and the Pharmacy and Poisons (Amendment) Regulation 1998 as set out under my name in the paper circulated to Members be approved. The sale and supply of pharmaceutical products in Hong Kong is regulated by the Pharmacy and Poisons Ordinance, which establishes a registration and inspection system and for the protection of public health. The Pharmacy and Poisons Board is the statutory authority for the registration and control of pharmaceutical products. The two Amendment Regulations now before Members have already been endorsed by the Pharmacy and Poisons Board. The Amendment Regulations seek to add to the Poisons List and the relevant Schedules some newly registered medicines and to revise the classification of certain medicines to facilitate the necessary controls. 43 newly registered medicines are proposed to be added to the Poisons List and the Schedules so that they must be sold by dispensaries or pharmacies under the supervision of registered pharmacists, the majority of which will have to be additionally supported by prescriptions. In addition, the control on 28 medicines is proposed to be upgraded so that their current sale by dispensaries or pharmacies under the supervision of registered pharmacists should be additionally backed by prescriptions. On the other hand, the record keeping requirement for 40 medicines is recommended to be relaxed because recent scientific evidence has shown that they are safe for self-medication; nevertheless, they will still be sold under the supervision of registered pharmacists. The Pharmacy and Poisons Board has carefully studied the potency, toxicity and potential side-effects of the medicines concerned and has considered submissions from a number of organisations in the pharmacy profession before endorsing the amendments. With these remarks, I move the motion. End 4. Adaptation of Laws (Interpretative Provisions) Bill *************************************************** Following is a speech by the Secretary for Justice, Ms Elsie Leung, in moving the second reading of the Adaptation of Laws (Interpretative Provisions) Bill at the Provisional Legislative Council today (Wednesday): Madam President, I move that the Adaptation of Laws (Interpretative Provisions) Bill be read the second time. The main purpose of the Bill is to adapt the provisions relating to the construction, application and interpretation of laws to ensure conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China. The Interpretation and General Clauses Ordinance (Cap 1) is one of the laws previously in force in Hong Kong which has been adopted as a law of the Hong Kong Special Administrative Region. It contains a number of provisions which require adaptation. The early adaptation of those provisions relating to the construction, application and interpretation of Hong Kong laws, in particular by defining terms and expressions used in those laws, will remove any uncertainties that may arise in interpreting our laws in the light of the Hong Kong Reunification Ordinance. It will also assist in the rest of the adaptation of laws exercise, as the matters so adapted will not then need to be provided for in individual Ordinances. I will now describe the main provisions of the Bill and the reasons for them. The Bill provides that the amendments made by the Bill should have retrospective effect to cover the interim period between July 1, 1997 and the Bill's enactment. This retrospectivity will ensure that there is consistency of interpretation of all laws on and after July 1. However, this retrospectivity will not apply to criminality. This restriction is in line with the requirements in the International Covenant on Civil and Political Rights as applied to Hong Kong. The Bill repeals provisions which are either obsolete or contain colonial connotations and replaces them, where necessary, with new terms. The new terms include "Chief Executive", "Chief Executive in Council" and "Court of First Instance". However, certain of these provisions are temporarily retained in a new Schedule to the Ordinance as they will need to be referred to in appropriate cases until all Hong Kong laws have been completely adapted. The Bill provides that all references in Hong Kong laws to Government property shall be construed in accordance with Article 7 of the Basic Law, which provides that the land and natural resources within the Hong Kong Special Administrative Region shall be "State property". Under this proposed amendment, all references to "Government land", such as those provided in the Adaptation of Laws (Crown Land) Bill, will be construed in accordance with that Article. The Bill also contains provisions supplemental to Articles 17 and 160 of the Basic Law. Article 17 provides that the Standing Committee of the National People's Congress may, if two conditions are satisfied, return any law enacted by the legislature of the Hong Kong SAR. The first condition is that it must consult the Committee for the Basic Law of the SAR. The second condition is that it considers the law is not in conformity with provisions in the Basic Law regarding affairs within the responsibility of the Central Authorities, or regarding the relationship between the Central Authorities and the Region. Any law so returned is immediately invalidated. The Bill provides, firstly, that the Chief Executive shall as soon as possible notify any such invalidation by notice in the Gazette and, secondly, that the invalidation shall have the same legal effect as a repeal. Article 160 of the Basic Law provides for the non- adoption of laws previously in force that the Standing Committee of the National People's Congress has declared to be in contravention of the Basic Law. It also provides that, if any laws are later discovered to be in contravention of the Basic Law, they shall be amended or cease to have force. The Bill provides that any law that has not been adopted, or has ceased to have force, under that Article shall be treated as if it had been repealed. The Bill also makes adaptations in respect of the binding effect of Ordinances. Legislation that is expressed to be binding on "the Crown" is to be construed as binding on "the State". The Ordinance has the presumption that, in the absence of express words or necessary implication, Ordinances do not bind "the Crown". The presumption is to be adapted by replacing "the Crown" by "the State". The latter term is narrowly defined so that it corresponds to the meaning of "the Crown". The effect is to reflect the reunification, but otherwise to maintain the legal position as it was immediately before, and after, the reunification. The Bill defines the boundaries of the Hong Kong SAR by reference to the Order of the State Council No. 221 dated July 1, 1997. Madam President, the majority of the amendments that the Bill seeks to make are straight-forward and technical. They aim to remove any uncertainties in interpreting our laws, and are therefore essential for the smooth operation of the Hong Kong SAR. I commend this Bill to Members for early passage into law. End 5. Adaptation of Laws (Nationality Related Matters) Bill ***************************************************** Following is a speech by the Secretary for Security, Mr Peter Lai, in moving the second reading of the Adaptation of Laws (Nationality Related Matters) Bill in the Provisional Legislative Council today (Wednesday): Madam President, I move that the Adaptation of Laws (Nationality Related Matters) Bill be read the second time. The object of this Bill is twofold. First, the Bill adapts references to "British nationals", "British Dependent Territories citizen", "Commonwealth citizen" and "Commonwealth country" in the laws of Hong Kong. As the Hong Kong Reunification Ordinance does not specifically provide for the substitution of such references in particular contexts, it is necessary to adapt these references so that our legislation is consistent with the Basic Law and Hong Kong's status as a Special Administrative Region of the PRC. Without these adaptations the relevant provisions, drafted under the old constitutional arrangements, will not be able to give effect to the true legislative intent. The proposed adaptations are listed in Schedule 1 to the Bill. In most cases, the reference is either repealed or replaced by the terms "permanent resident of the Hong Kong Special Administrative Region", "Chinese citizen" or "individuals". Schedule 1 covers the majority of such references in our legislation, except for a few cases where the Ordinances are subject to comprehensive review or repeal, or where the Ordinances relate to the operation of individual organisations. Secondly, the Bill aims to amend the Immigration Ordinance with regard to the "right to land" status accorded to former Hong Kong Permanent Residents. Subject to transitional provisions under the Immigration (Amendment) (No. 2) Ordinance passed by this Council and assented by the Chief Executive on July 1, 1997, a former Hong Kong permanent resident, upon losing the right of abode in Hong Kong, is conferred the "right to land". A person with such a right may enter, stay and work in Hong Kong freely. While the definition of "right to land" is already provided for under the Immigration (Amendment) (No. 2) Ordinance, for the avoidance of doubt technical refinement is necessary to more explicitly express which provisions relate to persons with such a right. The proposed amendments are listed in Schedule 2 to the Bill. It is proposed that this Bill be deemed to have come into operation on July 1, 1997, to tie in with the effective date of the interpretation principles stipulated in the Hong Kong Reunification Ordinance, which came into operation on that date. There are, however, two exceptions. The first is in areas involving criminal liability which will come into operation when the Bill is passed into law. This is in line with Article 15 of the International Covenant on Civil and Political Rights. The second exception is in items in Schedule 1 to the Bill relating to the issue of permanent identity cards to applicants for British National (Overseas) Passport. These items will come into operation at a later date upon notice in the Gazette in order to facilitate the issue of permanent identity cards to BN(O) passport applicants whose applications were submitted before the prescribed deadlines and the processing of which are still unfinished. Once these final few cases are processed, the relevant items will be accordingly adapted. Madam President, this Bill is essential for ensuring clarity in our legislation with regard to references to "British national", "Commonwealth citizen" etc. It also ensures that former Hong Kong Permanent Residents' "right to land" is unequivocally provided for in the Immigration Ordinance. The Bill is therefore important for the smooth operation of the Hong Kong Special Administrative Region. I commend it to this Council for early passage into law. End 6. Compensation for pneumoconiosis under review ******************************************** Following is a question by the Hon Tam Yiu-chung and a reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council whether or not it has established a mechanism to fulfil its pledge to adjust the amount of compensation payable to persons suffering from pneumoconiosis on a regular basis; if so, what the details are; if not, why not? Reply: Madame President, Under the Pneumoconiosis (Compensation Ordinance) (Chapter 360) (the Ordinance), persons who were diagnosed on or after January 1, 1981 as suffering from pneumoconiosis or their family members, as appropriate, are eligible to receive seven items of compensation payments: (1) compensation for incapacity; (2) compensation for death resulting from pneumoconiosis; (3) payment of expenses for medical appliances; (4) compensation for care and attention; (5) payment of medical expenses for treatment in connection with pneumoconiosis; (6) compensation for pain, suffering and loss of amenities; and (7) funeral expenses. Among these items, it has been clearly stipulated in the Ordinance that the amounts of compensation for incapacity and the lump sum compensation for death are to be computed on the basis of the overall average daily wage earned by persons engaged in Government building and construction workers compiled by the Census and Statistics Department as at January 1 of each year. In other words, these two items will automatically be adjusted annually. As regards the payment of expenses for medical appliances, the Pneumoconiosis Compensation Fund Board has to bear the actual expenses in accordance with the relevant provisions of the Ordinance. Since the actual expenses incurred will be fully reimbursed, regular revision is not necessary. For the remaining four items, their monetary amounts are stipulated under the First and Second Schedules of the Ordinance. It has been the Administration's established practice to review the compensation amounts of these items every two years, taking into account primarily the cumulative effects of inflation. We are now reviewing the amounts of these four compensation items and will put our proposal to the first Hong Kong Special Administrative Region Legislative Council for consideration during the first half of the 1998/99 legislative session. End 7. Measures to help unemployed CSSA recipients ******************************************* Following is a question by the Hon Chan Yuen-han and a reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: An unemployed person receiving the Comprehensive Social Security Assistance (CSSA) killed himself recently because he did not have the means to provide for his wife and daughters. In this connection, will the Government inform this Council: (a) whether it will review its policy on CSSA in the wake of the above incident; (b) whether it will review the current focuses of home visits paid by Social Welfare Department staff and strengthen the training in their home visits skills, especially with regard to understanding the mental and psychological state of CSSA recipients; (c) of the current number of unemployed people receiving CSSA; and whether the authorities: (i) have encouraged them to join employees retraining programmes; if so, of the percentage of such people who successfully obtained employment after training; (ii) have provided other assistance to them in looking for jobs; if so, of the number of job interviews given to them, and the reasons for their failure to get employed; if not, what the reasons are; and (d) whether the authorities will study the establishment of an employment protection system in order to help the unemployed; if so, when such a study will take place; if not, what the reasons are? Reply: Madam President, The Comprehensive Social Security Assistance (CSSA) Scheme provides assistance for those in need (including the unemployed) to meet their basic daily expenses. The Scheme also provides special grants for recipients to meet the education and transportation expenses of their children. Furthermore, recipients can enjoy free medical services at public clinics and hospitals. CSSA payments are regularly reviewed and adjusted to ensure that they can meet the needs of the recipients. On average, an eligible family of four now receives about $10,000 each month under the scheme. My reply in response to the question raised by the Honourable Chan Yuen-han is as follows: (a) It is sad and regrettable for one to commit suicide. However, various factors, such as financial, health, mental, emotional or family problems, may have contributed to such an action. To respect the feelings of those concerned, we do not intend to disclose here the details of the case in question. At the instruction of the Chief Executive, the Social Welfare Department (SWD) is presently conducting a comprehensive review of the CSSA scheme. The scope of the review will include the extent and management of the Scheme. We will make sure that the old-aged, physically weak and disabled persons will obtain what they need under the CSSA Scheme. However, for those recipients who have working ability, we will make use of this opportunity to enhance the related measures to encourage and help them to rejoin the labour market, thus to improve their standard of living. (b) "Home visits" are integral to the procedures in processing CSSA applications. The main purpose of such visits is to verify the information provided by the applicants. Upon case review, home visits are conducted in order to find out whether there are any changes in the recipients circumstances, so as to determine whether they are still eligible for CSSA. If the home visiting staff find that CSSA recipients have other welfare needs other than financial assistance, they will, with the recipients' consent, refer the recipients to Family Service Centres of SWD or other welfare organisations for follow-up. As an on-going programme, training on basic skills in handling people with emotional disturbance are provided to Social Security Field Unit staff. Our staff are reminded to be alert to the emotional state of CSSA recipients to ensure an early intervention of professionals. (c) According to the records maintained by SWD, there were about 17,000 "unemployed" CSSA cases as at the end of January this year which accounted for 9% of the total number of cases. (i) When an "unemployed" CSSA recipient registers with the Labour Department for employment, the Department will advise him to join the Employees Retraining Course if it is considered useful in helping them find employment. The Employees Retraining Board (ERB) offers a wide range of courses to help displaced workers acquire new or enhanced vocational skills which facilitate them to find alternative employment. CSSA recipients are accorded priority for enrolment in various retraining courses under ERB. According to ERB's statistics on retrainees who indicate themselves to be CSSA recipients which were kept since May 1997, as of January 30, 1998, 708 retrainees who had completed retraining were CSSA recipients. Of these 378 who had completed full-time training courses, and 140 of them had subsequently been placed in jobs. (ii) Unemployed CSSA recipients are given priority in the employment services of the Department. They can either choose to use the self-help mode of employment services of the Local Employment Service (LES) or join the Job Matching Programme which provides personalised and intensive placement and counselling service specifically for the unemployed. The Selective Placement Division of the Labour Department also provides specialised placement services for disabled 'unemployed' CSSA recipients who wish to seek open employment. For disabled "unemployed" CSSA recipients who wish to seek open employment, the Selective Placement Division of the Labour Department provides specialised placement services. We are currently conducting a pilot scheme which aims at stepping up employment assistance to the unemployed CSSA recipients. Through this pilot scheme, we hope to identify the unemployed CSSA recipients' aptitude, skills training/retraining needs and, with the support of counselling, job placement and retraining services, assisting them in rejoining the workforce and eventually getting off the welfare net. In 1997, there were about 25,000 unemployed CSSA recipients registered with the LES. 2,800 interviews had been arranged for them and 329 were placed in jobs representing a success rate of 1.3%. We do not keep data on the reasons underlying failure to secure employment. (d) The Government has no plans to examine the establishment of an unemployment protection system. Those unemployed persons who have financial difficulty, like others in financial need, can be assisted with the CSSA Scheme. End 8. Bags for chicken slaughter operation ************************************ Following is a question by the Hon Peggy Lam and a reply by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Provisional Legislative Council today (Wednesday): Question: In the Government's operation to slaughter chickens, the chicken carcasses were put into industrial grade plastic bags and subsequently transported to landfills for dumping. In this connection, will the Government inform this Council: (a) of the total number of industrial grade plastic bags used in the operation; and (b) whether it has studied the length of time it takes for the buried industrial grade plastic bags to decompose and the impact such an arrangement will have on the environment; if so, what the findings are; if not, why not? Reply: Madam President, (a) An estimated total of 276,500 plastic bags were used in the chicken slaughter operation. (b) The bags used were the same polyethylene/polypropylene bags commonly used for the collection of our municipal waste. It will take up to over 100 years for these bags to degrade completely, but their use will not cause any significant pollution problems at the landfills as the landfills have already catered for this in their design and technology. End 9. Continued improvement in local hygiene ************************************** Following is a question by the Hon Lee Kai-ming and a written reply by the Secretary for Broadcasting, Culture and Sport, Mr Chau Tak-hay, in the Provisional Legislative Council today (Wednesday): Question: At the Question and Answer Session of this Council on January 15 this year, the Chief Executive stated that the standard of hygiene and cleanliness in Hong Kong had deteriorated in recent years. In this connection, will the Government inform this Council of: (a) the number of cases of littering resulting in prosecution last year, how this figure compares with that in each of the three years before last; and (b) the measures currently adopted for improving the hygiene and cleanliness conditions in Hong Kong? Reply: Madam President, Based on the information provided by the Urban Services Department (USD) and the Regional Services Department (RSD), my answers to the Hon Lee Kai-ming's questions are as follows: (a) Over the year both Departments had taken prosecution action against a total of 41,413 persons for littering. The prosecution figures stood at 36,238, 35,495 and 39,142 in 1994, 1995 and 1996 respectively and were on steady increase during the past two years. The Departments concerned will step up prosecution action against offenders in future with a view to making the public more conscious of the importance of keeping their surroundings clean. (b) The Provisional Urban Council (PUC) and the Provisional Regional Council (PRC) are very much concerned about environmental hygiene in Hong Kong. Since the "Joint UC/RC Keep Hong Kong Clean Steering Committee" was formed in 1986, the Councils have actively launched the Clean Hong Kong Campaign to educate the public the importance of maintaining environmental hygiene and cleanliness through publicity and District Involvement Project. To strive for continued improvement in local hygiene and cleanliness, the Councils conduct regular reviews on the themes and strategy of the Clean Hong Kong Campaign in order to cope with the needs of the community. The Clean Hong Kong Campaign for 1998/99 will still go for public participation, reminding the public to reduce wastes and focusing on the younger generation by letting them know that as a citizen of Hong Kong, they do have the obligation in keeping Hong Kong clean. To further improve the cleanliness in public places, RSD is planning to strengthen its monitoring on private cleansing contractor by taking penalising actions under the contract provisions. In addition, a monthly appraisal system will be introduced to form one of the criteria for considering future bids for PRC's contracts submitted by individual contractor. Moreover, USD and RSD have raised the standard of market cleanliness, requesting additional manpower and specialised equipment from market cleansing contractors so as to keep public toilets (P.Ts), as well as other public places in the markets in a fairly clean condition. The environmental hygiene of P.Ts is an area of concern for the two Councils which regularly review the standard of P.T. services to ensure that the hygienic condition of P.Ts can be of better standard. "An Ad hoc Committee to Review the Provision of Public Toilet Facilities in the Regional Council Area" was set up in May 1996 to examine ways for improving the provision and management of P.T. and aqua-privy toilet facilities in the RC area. End 10. Code on access to information ***************************** Following is a question by the Hon Choy Kan-pui and a written reply by the Secretary for Home Affairs, Mr David Lan, in the Provisional Legislative Council today (Wednesday): Question: According to the "Code on Access to Information", the public can seek information from government departments. It is reported that, as at the end of last year, a total of 3358 of such requests were received by various government departments. In this connection, will the Government inform this Council, among these requests: (a) of the number of those cases which were provided with information by government departments, and the major categories of information involved; and (b) of the details of those cases in which information was not provided, including: (i) the major categories of information involved; (ii) the reasons for not providing the information; and (iii) the government departments concerned and their respective numbers of cases? Reply: Madam President: (a) From March 1, 1995 (when the Code on Access to Information was introduced) up to December 31, 1997, Government departments received a total of 3,358 requests for information under the Code. Of these, 2,906 were met, either in full (2,837) or in part (69). We do not keep separate statistics on the types of information sought. However, the documents commonly requested include decisions on government policies, details of services provided by individual departments, minutes of meetings, consultancy reports, case records, statistics, development plans and other operational data. (b) Of the 3,358 requests received, 89 were rejected. (i) As mentioned in (a) above, no separate statistics are kept on the types of information sought. Some examples of the rejected cases are internal discussion papers, personal information, case records, commercial information and plans of development, etc. (ii) The Code requires departments to provide information unless there are specific reasons for not doing so. These reasons are set out in the Code. The breakdown of the reasons for refusal, by reference to the relevant paragraph in the Code, is as follows - Relevant paragraph in the Code Reasons for refusal Frequency 2.3 Defence and security 2 2.4 External Affairs 1 2.5 Nationality, immigration 2 and consular matters 2.6 Law enforcement, legal 11 proceedings and public safety 2.9 Management and operation 15 of the public service 2.10 Internal discussion and advice 12 2.11 Public employment and 2 public appointments 2.12 Improper gain or advantage 2 2.13 Research, statistics and analysis 8 2.14 Third party information 16 2.15 Privacy of the individual 18 2.16 Business affairs 5 2.17 Premature requests 12 2.18 Legal restrictions 1 Total 107 The 'frequency' total (107) exceeds the number of rejected applications (89) because, in some instances, there were more than one reason for rejection. (iii) The agencies involved in the 89 refusal cases are: Department No. of cases Agriculture and Fisheries Department 1 All registries and administrative 7 offices of courts and tribunal for which the Judiciary Administrator has responsibility Architectural Services Department 3 Audit Commission 1 Broadcasting, Culture and Sport Bureau 2 Buildings Department 3 Census and Statistics Department 1 Civil Engineering Department 1 Civil Service Bureau 3 Companies Registry 1 Correctional Services Department 2 Economic Services Department 2 Environmental Protection Department 4 Financial Services Bureau 1 Highways Department 2 Home Affairs Bureau 1 Home Affairs Department 9 Hong Kong Police Force 1 Housing Department 6 Immigration Department 1 Independent Commission Against Corruption 1 Labour Department 1 Land Registry 10 Lands Department 3 Legal Aid Department 2 Planning Department 6 Rating and Valuation Department 2 Regional Services Department 1 Security Bureau 4 Social Welfare Department 6 Water Supplies Department 1 Total 89 End 11. Computerised health information systems *************************************** Following is a question by the Hon Hui Yin-fat and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: The Report of the Working Party on Primary Health Care (the Report) published by the Government in 1990 recommended the development of a health information system to improve the collection, analysis and utilization of information about health. In this connection, will the Government inform this Council whether: (a) the Department of Health has developed the health information system and made improvements as recommended by the Report; if not, why not; and (b) this information system dovetails with researches in primary health care? Reply: (a) The Department of Health has actively pursued the development of computerised health information systems, and has achieved good progress in some of its major service areas: (i) the operation of the Student Health Service has been computerised since 1995, and the clinical findings have been entered into the computer for record; (ii) computerisation of the Maternal and Child Health service is underway and is scheduled for completion in 2000; (iii) the dispensary service of the Department's General Out-patient Clinics has been computerised since 1995. A database on medications taken by chronic patients has been established; (iv) the Department has commissioned a consultancy study to examine how to fully implement computerisation in the General Out-patient Clinics in order to improve the quality of service. (b) The Department of Health's developing health information systems can assist in a wide range of departmental functions, including patient care, service planning and primary health care research. For example, the data collected by the Maternal and Child Health Service and the Student Health Service can support the research on the health status of local children and the trends of common diseases faced by them. The health data collected by the General Out-patient Service can support the surveillance programme on communicable diseases and the assessment on the effectiveness of different treatment regimens. End 12. Poultry operators required to wear protective clothing ****************************************************** Following is a question by Dr the Hon Tang Siu-tong and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: It is reported that some workers did not wear the protective clothing specified by the authorities when working at chicken stalls, and they claimed that wearing the specified gloves would hinder the chicken slaughtering work. In this connection, will the Government inform this Council: (a) of the measures in place to urge these workers to put on the specified clothing; and (b) whether it will consider improving the design of the gloves? Reply: Madam President, (a) According to the Urban Services Department and Regional Services Department, poultry operators will be required shortly to wear protective clothing under a set of new conditions attached to the tenancy agreements. Health inspectors will take necessary enforcement actions against offenders. (b) With regard to the claims that wearing the specified gloves would hinder the slaughtering work, Urban Services Department and Regional Services Department have considered further. Workers will not be required to wear gloves in order to facilitate the work of slaughtering chickens. End 13. Low level radioactive waste storage facility ******************************************** Following is a question by the Hon Tso Wong Man-yin and a written reply by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Provisional Legislative Council today (Wednesday): Question: With regard to the authority's plan to construct a low level radioactive waste storage facility at Siu A Chau, will the Government inform this Council: (a) of the respective costs involved in the design, construction and operation of the facility; (b) of the progress of the relevant tendering works; and (c) whether it has discussed with the relevant Mainland authorities the disposal of the territory's low- level radioactive waste in the Mainland? If so, what the outcome is; if not, why not? Reply: Madam President, The estimated costs for the design and construction of the facility at December 1997 price levels were about $12 million and $71 million respectively. The annual operation costs were about $3 million. We are currently re-examining the scope of the project due to a significant reduction of the waste forecasts after a major waste producer ceased operating in Hong Kong. We plan to re-tender the project with the revised scope later this year. We have not discussed the disposal of our low-level radioactive waste with Mainland authorities. It is our view that hazardous wastes should be treated and disposed of where they are produced. End 14. Early termination of exclusive licence held by HKTI *************************************************** Following is a question by Dr the Hon Law Cheung-kwok and a written reply by the acting Secretary for Economic Services, Mr Leo Kwan, in the Provisional Legislative Council today (Wednesday): Question: In the wake of the Government's decision on the early termination of the exclusive licence held by Hong Kong Telecom International Limited, many providers of "call- back services" in the telecommunications industry worry that they may be deprived of opportunities to develop their business. In this connection, will the Government inform this Council of the measures in place to remove the operators' anxieties and convince them that, with the termination of the exclusive licence, the external telecommunications market will be fully opened up and provide a level playing-field for all of them? Reply: The Government's policy regarding competitive external telecommunications services is set out in paragraph 10 of the Policy Statement "Liberalisation of Hong Kong's External Telecommunications" issued on January 20, 1998. This reads: "In accordance with the Government's established policy of not limiting the number of services-only operators, a new non-exclusive external services licence will be drafted. This new licence will be similar in form to the International Simple Resale of Facsimile and Data licence. Applications for the new licence will not be invited until after the Government completes its FTNS review in mid 1998 and, in any event, new licences would not be effective until after January 1, 1999. Final decisions on who may apply, the number of licences, the scope of licences and relevant terms and conditions have not been taken yet." Final arrangements for the external telecommunications services market will be determined following public consultations through the FTNS review mentioned above and the current review of the delivery fee arrangements. The views of the call-back operators will be important inputs to these reviews. We are committed to full competition in the external telecommunication services market, in a sustainable manner, over a level playing-field. Given the concerns of the call-back operators, we are prepared to bring forward the FTNS review to commence from April 1, 1998. This will enable us to complete the review early enough to issue non-exclusive licences before January 1, 1999. End 15. Effectiveness of Personal Data (Privacy) Ordinance ************************************************** Following is a question by the Hon Kennedy Wong and a written reply by the Secretary for Home Affairs, Mr David Lan, in the Provisional Legislative Council today (Wednesday): Question: In view of the recent series of incidents involving the unauthorised use of the personal data of clients, will the Government inform this Council: (a) whether it has reviewed the effectiveness of the Personal Data (Privacy) Ordinance; if so, what the outcome is; (b) whether it will take measures to deter the unlawful use of the personal data of members of the public; if so, what the details are; and (c) whether it is aware if the Office of the Privacy Commissioner for Personal Data has any plans to step up the publicity on the principles for protecting personal data; if the Office has such plans, what the details are? Reply: Madam President, (a) Since the implementation of the Personal Data (Privacy) Ordinance Cap. 486 ("PDPO"), which took effect on December 20, 1996, the community as a whole has become more conscious of the importance of protecting individuals' right to privacy in respect of personal data. This is evident from media coverage and the 11,413 enquiries and 254 complaints received by the Privacy Commissioner for Personal Data ("PC") during the period from December 20, 1996 to January 31, 1998. Feedback received by Home Affairs Bureau and the PC's Office ("PCO") confirms that generally data users have been taking active steps to comply with the PDPO. A public opinion survey commissioned by the PCO was completed in March 1997. It showed that: (i) 56% of the individuals surveyed indicated awareness of the PDPO; and (ii) 72% of the organisations surveyed indicated that they had received booklets and pamphlets from the PCO; 32% had attended a seminar or talk in which the PCO participated; 83% said they had begun to prepare for compliance with the PDPO; and around 60% said the PDPO would have long-term benefit for data users. Nothing in the survey results indicates a need to undertake a review of the effectiveness of the Ordinance at this early stage and we have not done so. The survey will be repeated annually, with the next one already underway. Comparison of the results of the surveys will give more information on the effectiveness of the PDPO in protecting personal data privacy. (b) Generally speaking, the misappropriation of personal data of individuals, depending on the nature and circumstances of such misappropriation, will be likely to involve the contravention of one or more of the data protection principles, in particular data protection principles 1, 3 and 4 in Schedule 1 to the PDPO. The contravention of a data protection principle is not in itself a criminal offence. However, the PC may issue an enforcement notice in order to prevent the repetition or continuation of such a contravention. Under section 64(7) of the PDPO, failure to comply with an enforcement notice is an offence punishable by a fine of $50,000 and imprisonment for two years; in the case of a continuing offence, a daily penalty of $1,000 may be imposed. Moreover, under section 66(1) and (2) of the PDPO, a data subject who has suffered damage, including injury to feelings, as a result a contravention of the PDPO including the contravention of a data protection principle, shall be entitled to compensation from the person committing the contravention. To enforce such entitlement to compensation, the individual concerned may pursue a civil claim through the courts. One possible factor in the misappropriation of personal factor is shortcoming in security measures. In the course of its checks to ensure compliance with the PDPO, the PCO has examined the details of the security measures adopted by certain companies where there were suspected breaches of security in relation to clients' information. In none of these cases did the PCO identify any security shortcoming. The PCO will continue with such compliance checks as far as its resources permit. Depending on the circumstances in which the personal data in question are misappropriated, the misappropriation may involve criminal offences unrelated to the PDPO. For example, if the personal data are misappropriated through bribery, the persons committing the bribery are liable to a fine of $500,000 and imprisonment for seven years under section 12(1)(a)(iii) of the Prevention of Bribery Ordinance Cap. 201. The measures described in paragraphs 4 to 6 above should provide effective deterrent against the misappropriation of personal data. The Law Reform Commission has been conducting a general review of the law relating to privacy. In the light of the Commission's reports expected to be issued this year, the Government will consider whether any additional measures to protect privacy are required. (c) Since its establishment on August 1, 1996, the PC's Office has devoted considerable effort to publicising and promoting public awareness of the requirements of the PDPO in general and the data protection principles in particular. These efforts have included printed guides to data users and data subjects, announcements on television and radio, posters, press briefings and seminars. Such efforts are continuing. There is currently a television and radio campaign and roadshows are being held at various shopping malls to promote awareness among the general public. The PCO continues to provide seminars and to prepare and distribute guidance materials on compliance with the PDPO. It also intends to issue guidelines on the security of personal data later this year and will continue to ensure that appropriate publicity is given to cases where breaches of the PDPO are found to have occurred following investigations by the PCO, including cases such as those referred to in the question raised by the Hon Kennedy Wong. End 16. West Rail's "capital structure" ******************************* Following is a question by Dr the Hon Law Cheung-kwok and a written reply by the Secretary for the Treasury, Mr K C Kwong, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council of the detailed rationale regarding its view that there is only an indirect relation between the "capital structure" and the fare levels of the West Rail? Reply: The capital structure reflects the means through which KCRC will fund the investment required in the West Rail. It consists of a mix of equity, loans and other funding sources. KCRC will develop its fare policy for the West Rail independently of its existing business, having regard to prudent commercial principles, and taking into account operating costs, passenger affordability and competition with other transport modes. In short, fare levels for the West Rail are set primarily at the operating level by KCRC, without particular regard to the capital structure for the West Rail. There is, however, an indirect relationship between the proposed capital structure for the West Rail and the eventual fare levels. This arises from the need for the KCRC, as a commercially-oriented railway organisation, to produce sufficient operating surpluses to service its capital requirements and avoid subsidies. The financing plan for the West Rail has been formulated with a view to allowing the KCRC to service its capital in the most cost- effective manner, having regard to - (i) the higher-risk and therefore more expensive nature of equity compared to debt for a project of this type; (ii) the need for a sufficiently strong equity base to enable KCRC to raise funds in financial markets; and (iii) the amount of debt which KCRC could raise at a corporate level at a reasonable cost. The debt and equity mix now proposed permits the KCRC to retain a reasonable level of earnings for reinvestment purposes. End 17. Assistance for the elderly during cold spells ********************************************* following is a question by the Hon Tam Yiu-chung and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council of the measures taken during the recent cold spell to assist the elderly in keeping warm so that they would not freeze to death? Reply: Madam President, During cold spells, all Government departments concerned, including the Hong Kong Observatory (HKO), Home Affairs Department (HAD), Social Welfare Department (SWD) and Department of Health, will make joint efforts to assist the elderly in keeping warm. Before the arrival of winter, the Government will, by various means, remind elderly people of the importance of keeping warm and the ways of seeking help in case of emergency. The Government will also urge the public to care for their older family members and to see whether elderly people in their neighbourhood, particularly those living alone, need any support and assistance. APIs produced by SWD are broadcast on television or radio to remind elderly people to take good care themselves and to call the SWD hotline in case they need help. Besides, SWD encourages and subsidises eligible elderly people who are in need to install an emergency alarm system. The Department of Health will organise talks at its elderly health centres or at community centres in various districts to teach elderly people how to keep warm and take care of themselves. Besides, through a 24-hour hotline, the Central Health Education Unit of the Department will provide elderly people and their family members with information on ways to keep warm. Relevant leaflets produced by the Unit will be distributed at various general outpatient clinics and elderly health centres. When the HKO forecasts that there will be a cold spell, all departments concerned will attend a press conference convened by the HKO, during which they will call upon elderly people to protect themselves against the cold. When the temperature is forecast to drop to 120C or below , HAD will open the 14 temporary cold shelters to provide temporary relief from the cold for people in need, particularly street sleepers. HAD will provide transport services to take street sleepers to temporary cold shelters as and when necessary. Apart from distributing blankets to street sleepers, SWD will urge them, particularly elderly ones, to move into the temporary cold shelters operated by HAD. In addition, the 24-hour hotline set up by SWD will also be manned by professional social workers to provide suitable assistance to those who seek help. During this winter, four blanket-distribution exercises have been conducted, and over 170 people who have sought help through the hotline have all been rendered suitable assistance. Efforts have been made by SWD to co-ordinate the resources available in the community to help elderly people keep out the cold. In December last year, SWD issued a notice to all operators of homes for the aged, requesting them to take appropriate measures to ensure the health of elderly people under their care. To assist elderly people in keeping warm, SWD also mobilised all multi-service centres and social centres for the elderly to organise relevant talks and activities for elderly people, their carers and volunteers. Between last Christmas and the Lunar New Year, SWD, together with non- governmental agencies, conducted a territory-wide exercise under the "Social Networking for the Elderly" project, during which gift packs and greetings were sent to over 5,000 elderly people living alone. Arrangements were also made for volunteers under this project to make phone calls and goodwill visits to over 13,000 elderly people living alone. During the severely cold weather in January and February this year, SWD organised over 100 activities in conjunction with non-governmental agencies to assist elderly people in keeping warm. The Government will continue to take such and other measures, and will actively promote the concept of caring for the elderly. To uphold the spirit of "respecting and caring for the elderly" and "community involvement", family members, relatives, friends and neighbours should work together to ensure the safety of elderly people in cold weather. End
