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Wednesday, July 23, 1997 CONTENTS ======== 1. Transcript of media session by the Chief Executive 2. CE promises comprehensive policy to help elderly 3. Consultation on electorate of nine new FCs and the EC 4. Mei Chung Court incident 5. Revised prohibition for Tung Chung Road 6. HKO's response to professor's initiative 7. July issue of Hong Kong Monthly Digest of Statistics 8. Public to have access to archive films 1. Transcript of media session by the Chief Executive ************************************************** Following is the transcript (English part) of the media session by the Chief Executive, Mr Tung Chee Hwa, after visiting districts on Hong Kong Island this (Wednesday) afternoon: Question: ...Provisional Legco is being challenged in the Court, Immigration Amendment is being challenged...after a few weeks in the job, do you find it tough at the top? Mr Tung: You know Hong Kong is a society of the rule of law but it's also a society when everybody can speak up, that is our strength. These are the issues being challenged and the court will decide what is right and I am very confident that we'll win these cases. These are the things I expect fully that will happen and I also expect to win. I am very relaxed here. Question: How long do younger residents have to wait before they could have their own homes? Mr Tung: Well, I have said that my aim is to have 70 per cent of Hong Kong's population has home ownership in 10 years' time. I know this is a very ambitious objective but my colleagues in the Government and I are very determined to get there. I have every reason to believe to get there. Question: Do you say you are optimistic to meet the target? Mr Tung: Yes, it's going to take a lot of work, but we'll get there. Question: (inaudible) Mr Tung: I don't know whether you are aware of this. When the Bill of Rights was passed in Hong Kong several years ago there were also some challenges in court. We are a community very much of rule of law so these challenges are natural, expected. We would do what the court eventually decides. You know we are place of rule of law. Am I surprised? No, I am not surprised. Am I confident? I am very confident. We'll win these cases. Would they rock the foundation of confidence? No, it wouldn't. End 2. CE promises comprehensive policy to help elderly ************************************************ The Chief Executive, Mr Tung Chee Hwa, reiterated today (Wednesday) that the Government will develop a comprehensive policy to take care of the various needs of senior citizens. Speaking after a visit to Li Chit Garden Home for the Aged in Wan Chai, he said he was concerned about the well-being of senior citizens and hoped to foster among them a sense of security, a sense of belonging and a sense of worthiness. Accompanied by the Director of Home Affairs, Mrs Shelley Lau, Mr Tung met with a group of senior citizens to learn of their needs and hear their views about the services available for them. "Our senior citizens have contributed to Hong Kong's success. They deserve respect and care from the community and they should be assisted to live with dignity amongst us," Mr Tung said. "In this connection, the Government will try its utmost to provide a wide spectrum of community support services to enable their continued participation in community life and to encourage families to look after their elderly members," he said. Meanwhile, Mr Tung was briefed at Li Chit Garden on the Land Development Corporation's urban renewal programmes in Wan Chai and Central and Western districts. Earlier, he visited Yiu Tung Children and Youth Centre at Yiu Tung Estate in Eastern District where he watched some young people taking part in summer activities. He concluded his visit with a meeting with some 200 provisional district board members and community leaders from Hong Kong Island. End 3. Consultation on electorate of nine new FCs and the EC ***************************************************** The public are invited to give their views on the delineation of the electorate for the nine new functional constituencies and the seven designated groups of the Election Committee, an SAR Government spokesman announced today (Wednesday). According to an earlier decision of the Government, nine new functional constituencies will be introduced for the first SAR Legislative Council Election. They are: Sports, Performing Arts, Culture and Publication; Labour (one additional seat); Import and Export; Textiles and Garment; Wholesale and Retail; Information Technology; Transport; Agriculture and Fisheries; and Insurance. For the Election Committee, it will be made up of 800 members from four different sectors. Apart from the relevant functional constituencies and designated organisations, members of the Election Committee will also comprise representatives from seven other groups. They are the Hong Kong Chinese Enterprise Association; Hotel; Chinese Medicine; Higher Education; Catering; the Employers' Federation of Hong Kong; and Religion. "The proposed lists of electorate for the nine new functional constituencies and the seven designated groups of the Election Committee are now published for public consultation," the spokesman said. "In delineating the electorate concerned, we have followed the traditional concept and criteria for the delineation of functional constituency electorate. These are also the concept and criteria used in delineating the electorate for the 21 old functional constituencies," he said. The spokesman said that generally speaking: * the functional constituencies will be composed of major organisations representative of the relevant sectors. The electorate of the functional constituencies concerned should generally include the corporate members of these major organisations. If an organisation is predominantly made up of individual members, only the organisation itself will be given the vote. Besides, establishments which come under some form of registration or licensing system specific to the relevant sectors may also be included. * In the case of professional constituencies, these will be based on membership of those professions with well-established and recognised qualifications, including statutory qualifications. * Particular groups or bodies should not be represented in more than one functional constituency. "The Government's objective is that the first Legislative Council election should be open, fair and honest," the spokesman stressed. The final proposals will be incorporated into the electoral Bill to be enacted for the Legislative Council election. The public will have the usual opportunity to express their views during the legislative process. Within the framework of the traditional concept and criteria for delineating electorate as set out above, members of the public are welcome to forward their written representations on the delineation proposals to the Constitutional Affairs Bureau. They can do so by post to the Central Government Offices, third floor, Main Wing, Lower Albert Road, Hong Kong or by fax to 2840 1976. The deadline for submission is July 31, 1997. Copies of the consultation document can be collected at the Registration and Electoral Office on the 10th floor, Harbour Centre, 25 Harbour Road, Wan Chai and at all the district offices of the Home Affairs Department. The document will also be available at the Government Homepage on the Internet at http://www.info.gov.hk from tomorrow (Thursday). End 4. Mei Chung Court incident ************************ In response to press enquiries on whether the site of Mei Chung Court, Sha Tin, has been recommended by the Geotechnical Engineering Office (GEO) of the Civil Engineering Department in an internal document to be not suitable for housing development, a spokesman for the GEO today (Wednesday) said: "The document referred to is the 'Geotechnical Area Studies Programme, Central New Territories' (GASP Report II) which was published by GEO in September 1987. The GASP Report aims to provide geotechnical information for the planning and land use management. In particular, it highlights geotechnical constraints and site difficulty which are required to be properly dealt with in land developments. The report is not an internal document and is available for sale at the Government Publications Centre since 1987. It does not say that the site where Mei Chung Court is built upon is unsuitable for development." Meanwhile, in response to further enquiries on whether the Territory Development Department (TDD) was responsible for making available the site for development, a TDD spokesman said : "The site formation work for Mei Chung Court had been carried out in conjunction with the Route 5 project. Geotechnical assessment on the site concerned had been made by consultants and found that the site was suitable for development. As regards the slope drainage channels, they had been constructed in the slope during the site formation. The drainage system had been designed to cope with development in the formed site. Any discharge of stormwater will eventually be carried away into the stormwater drainage system at Mei Tin Road near Mei Chung Court." End 5. Revised prohibition for Tung Chung Road *************************************** The Transport Department today (Wednesday) announces that a trial to relax the prohibition on Tung Chung Road will take effect from 7 am next Monday (July 28). Speaking on the trial scheme, a spokesman for the department said: "The existing 24-hour prohibited zone on Tung Chung Road between Shek Mun Kap Road and South Lantau Road will be shortened to 7 am - 9 pm daily every Mondays to Fridays (except public holidays). "However, round-the-clock prohibition will still be maintained on Saturdays, Sundays and public holidays on traffic and road safety grounds." During the specified periods, all motor vehicles, except franchised buses, Lantau taxis, emergency vehicles and those with valid permits, will be banned from entering this prohibited zone. Prohibition on Tung Chung Road was extended from 7 am - 7 pm to 24 hours daily in May this year in view of an anticipated increase in traffic following the opening of Lantau Link and North Lantau Highway and the capacity and safety of this substandard village road. Since then, members of the then Islands District Board and various residents associations have expressed concerns on the tightened traffic scheme. Commenting on reasons for the new arrangement, the spokesman said: "A survey conducted recently shows that traffic on Tung Chung Road have increased significantly for most parts of the day. "However, there is still scope for relaxing the prohibition in the late evenings on weekdays. "Having re-assessed the traffic situation, taking into account public opinions, the department decided to put on trial this modified traffic control scheme." The Transport Department will conduct a traffic survey in the next two months to review the traffic situation and consider whether any further adjustments are needed. "Local widening of Tung Chung Road will be one of the alternatives to improve the present traffic situation," the spokesman said. "The Highways Department has already commissioned a consultancy to identify locations along the road for further improvements to enhance safety and traffic flow. "In the meantime, the department will continue to carry out and explore the possibility of other short term minor improvement work, such as extension of passing bays and sightline improvements," the spokesman added. Vehicles with a Tung Chung Road Prohibited Zone Permit (PZP) can enter the restricted part of Tung Chung Road. There will be three categories of persons in need of PZP, namely, existing permit holders, commercial undertakings with business and operation needs and residents of South Lantau and Tung Chung Road without permits at present. For existing permit holders, 185 renewal applications have been received, 180 of them have been processed and approved. Applications of PZP for special operational needs are being processed on an on-going basis without pre-set quota or deadlines. However, applications of permits for general transport needs are being processed under a quota system. Earlier in May, the department has invited applications for the first package of 50 new PZP. The invitation was closed on June 20. A ballot for allocating the new permits to successful applicants will be conducted later this month. District Officer/Islands, members of the Islands Provisional District Board and representatives from the Independent Commission Against Corruption (ICAC) will be invited to monitor the balloting. "Since Tung Chung New Town is still at its early stage of development, there will be need for Tung Chung Village residents to travel to South Lantau. "Therefore, the existing PZP of these residents will be renewed for six months upon their expiry to cater for their transport needs in the transitional period," the spokesman added. The spokesman reminded the public that vehicles with Closed Road Permits (CRP) and PZP for access to the urban areas will be required to pay full vehicle licence fee as they can drive on all public roads in the territory. However, those permit-holders who only use Tung Chung Road to travel between Tung Chung and South Lantau are required to pay the lower licence fee specified for vehicles operated on just the Lantau Island. All roads on Lantau Island including the whole of Tung Chung Road are closed roads, except those in Tung Chung New Town and the new airport and private roads in the Discovery Bay. Vehicles without valid Closed Road Permits are not allowed to travel on Lantau Island closed roads. End 6. HKO's response to professor's initiative **************************************** The Hong Kong Observatory (HKO) welcomes the initiative of Professor Johnny Chan of City University in tackling the very difficult problem of forecasting the number of tropical cyclones occurring over the western North Pacific and the South China Sea in 1997. His work complements the services provided by the Observatory in operational weather forecasting and the provision of tropical cyclone warning services. In respect of tropical cyclones, the Hong Kong Observatory provides warnings to the public, the aviation and shipping sectors as well as to special users such as offshore operators and building contractors. HKO forecasts the movement and intensity of tropical cyclones, and their impacts on Hong Kong in terms of the weather they bring. The department maintains an extensive data archive which both the research and the engineering communities have found very useful. HKO also monitors the number of tropical cyclones occurring in the western North Pacific and the South China Sea, and the information is published in a summary every year. Additional information on the services can be found in the Observatory's home page http://www.info.gov.hk/hko. HKO welcomes other academic institutions in taking interest in meteorological research for the betterment of the Hong Kong community as a whole. The department would be interested in verifying Professor Chan's results at the end of the year. End 7. July issue of Hong Kong Monthly Digest of Statistics **************************************************** Two feature articles entitled "Changes in household expenditure patterns 1984/85 - 1994/95" and "The characteristics of kindergarten teachers in Hong Kong" are published in the July 1997 issue of the Hong Kong Monthly Digest of Statistics, which is now on sale. "Changes in Household Expenditure Patterns 1984/85 - 1994/95" --------------------------------------------------------- Up-to-date information of household expenditure patterns is collected from the Household Expenditure Survey (HES), which is conducted every five years. Such information is essential for updating the expenditure weights of the Consumer Price Indices (CPIs). The results from the 1984/85, 1989/90 and 1994/95 HES indicate that the mode of living in Hong Kong has changed a lot over the decade. Households have all along been spending about 60% of their total expenditure on both food and housing. However, it is noted that the ratio of expenditure on food to that on housing dropped considerably from 2 : 1 in 1984/85 to 1 : 1 in 1994/95 because of considerable increase in the cost of accommodation. Together with the economic transformation of Hong Kong towards an expanding service sector, households tend to have larger expenditure share on services. Expenditure on some services has increased notably, for instance, employment of full-time domestic helpers and use of credit cards, paging services, mobile phone services, international telephone call services, etc. More analyses on the changes in household expenditure patterns are presented in this article. "The Characteristics of Kindergarten Teachers in Hong Kong" --------------------------------------------------------- Kindergarten education is widely perceived as beneficial to the development of pre-primary children. In September 1996, there were 180 771 kindergarten pupils in Hong Kong, accounting for 78 % of children aged from three to five. In parallel with the increasing significance of kindergarten education, kindergarten teachers have experienced certain changes in terms of quantity and quality. This article analyses some prominent characteristics of these teachers over the past eight years. The figures related to the characteristics of kindergarten teachers presented in this article are based on the findings of the Teacher Survey conducted annually by the Statistics Section of the Education Department from 1989 to 1996. They refer to the position as in early October of the respective years. The July 1997 issue of the Hong Kong Monthly Digest of Statistics is on sale at $34 a copy. In addition to the above two feature articles, it contains the most up- to-date information on Hong Kong's development regarding economic growth, labour market, inflation and many other social and economic issues. The publication can be purchased at the Government Publications Centre, Ground Floor, Low Block, Queensway Government Offices, 66 Queensway, Hong Kong and at the Publications Unit of the Census and Statistics Department, 19th Floor, Wan Chai Tower, 12 Harbour Road, Wan Chai, Hong Kong. Regular subscription can be arranged with the Publications Sales Office of the Information Services Department (Tel: 2598 8196). End 8. Public to have access to archive films ************************************** Memorable events captured on films and popular television programmes from the past are now available for public viewing from the Government Film Archive, a service of the Information Services Department (ISD). The Archive holds nearly 7,000 copies of 35 mm and 16 mm films collected from different sources, including Radio Television Hong Kong (RTHK), the Government Records Service and from Government films produced by ISD over the past few decades. With a donation of $1.4 million from The Hong Kong Jockey Club Charities Trust, these films have been recorded on video cassette tapes and can be loaned out for research purpose. The collection includes more than 2,000 titles which touch on various aspects of social and economic development in Hong Kong. Some of the memorable events during the 1960s that are recorded on films include water rationing and the influx of thousands of refugees from across the border. "Under the Lion Rock," a popular television programme produced by RTHK during the 1970s is also stored in the Archive. End Wednesday, July 23, 1997 PROVISIONAL LEGISLATIVE COUNCIL MEETING CONTENTS ======== 1. Rates cut neither justified nor equitable: S for Tsy 2. Hong Kong Court of Final Appeal Ordinance 3. Inland Revenue (Amendment) (No. 3) Bill 1997 4. Dutiable Commodities (Amendment) (No. 2) Bill 1997 5. Bilingual documents 6. Employment problem of graduate medical practitioners 7. EMSC's role during emergency situations explained 8. KCR has an on-going slope inspection programme 9. Dredging works damaged submarine outfall pipe 10. SARG in co-operation with UNHCR on VMs and VRs 11. Statistics on IIs from Mainland 12. Slope maintenance rests with rail transport systems operators 13. Proactive industry support policy explained 14. Staffing needs of CE's Office under review 15. Immigration (A) (No. 3) Ordinance 1997 16. Video compact discs production lines 17. Examination of blood products 18. Promotion of local film industry 19. Assistance given to HK residents in Cambodia 20. Adequate trained personnel ensured 21. Old cars scrapping incentive scheme 22. Hoisting of the national flag is not a must for schools 1. Rates cut neither justified nor equitable: S for Tsy **************************************************** The Secretary for the Treasury, Mr K C Kwong, this (Wednesday) evening reiterated that it was neither justified nor equitable to reduce rates on the ground that Government rent was also being charged. Speaking at the motion debate on "Reduction of rates percentage charge" at the Provisional Legislative Council meeting, Mr Kwong said the Government could not accept the proposal to reduce rates from five percent to three percent. "We however fully appreciate the sentiments of Members that we should allow the community to share the fruits of our economic growth, enable the public of Hong Kong to enjoy a fiscal dividend from the success they have created, and reduce the burden on the taxpayers in the light of our overall economic and financial position," he said. "We would carefully consider the various other ways we can do this when we draw up proposals for the next Budget." He explained that adjustments to taxes were matters for the Budget, having regard to the overall economic and fiscal position at the time and our social objectives. "It is pre-mature for us to reach any conclusion now, when we are still in the first few months of the financial year, and it is wrong to consider rates in isolation, without having a comprehensive look at the overall revenue situation or the effect on the municipal councils," he said. Mr Kwong pointed out that the overall rates percentage charge had been reduced from 5.5% to 5% in the 1997-98 Budget and the present five per cent rate charge was an all- time low. "Apart from reducing the overall rates charge, we have also capped rates increases to no more than 20% each year in 1997-98 and in 1998-99. With these concessions, 28% of ratepayers pay the same or lower rates in 1997-98 after the general revaluation. For the rest, the increase is no more than 20%," he said. Mr Kwong said the Rating and Valuation Department had received objections to the new rateable values in respect of only about 1.2% of the total number of tenements subject to rates after the general revaluation and this was a fair indication that the results of the general revaluation exercise had largely been accepted by the community. Noting that domestic rates now remain at about 2% of household income after the revaluation, the same as that in 1996, he said the package of concessions provided in the 1997-98 Budget was very reasonable to minimise the impact of the general revaluation on ratepayers and the current rates burden was by no means heavy. On Government rent, he said it was entirely different from rates. Rates are levied on the occupation of properties while Government rent is charged in accordance with Annex III to the Joint Declaration and Article 121 of the Basic Law. Mr Kwong said: "Government rent is charged under the following two circumstances for extending or granting land leases: * for the extension of non-renewable leases up to 2047 in place of premium payment; and * for granting new leases since 1985 for terms beyond June 30, 1997 and up to 2047 without additional premium payment. "The charging of Government rent is therefore a concession. Otherwise, property owners would have to pay an additional premium for the lease extension or the new lease with terms beyond 1997, and their financial burden would be a lot greater under such circumstances." The Secretary for the Treasury noted that while about 2.5 million tenements were subject to rates payment, less than one million of these tenements were also subject to Government rent. In the Provisional Urban Council area in particular, less than 1/3 of the private sector properties subject to rates are also subject to Government rent. Many non-domestic properties also enjoyed a reduction in rates after the general revaluation. The liability to Government rent therefore could not be accepted as a justification for an across-the-board reduction in rates. Responding to concern about the increasing financial burden on those who have to pay both rates and Government rent, Mr Kwong said although rates and Government rent were separate issues, he did appreciate that they might have to be paid from the same pocket. "But we should have a clear perspective and sense of proportion about this," he said. "For private sector domestic properties, the average monthly Government rent payable per unit is $240. "In respect of domestic properties which are subject to both rates and Government rent, the combined payment of the two represents 3.1% of household income, which is still lower than the level for rates payment alone, of some 4% before the 1980's." On fiscal policy, Mr Kwong said: "Our sound financial position depends largely on our strict discipline in controlling expenditure and our efforts in maintaining a stable and productive revenue base. "Rates are a long-standing, stable and broadly-based revenue source. We expect to receive $6.3 billion in general rates in 1997-98, representing about three per cent of our total estimated revenue. A two percentage point reduction in the overall rates percentage charge as proposed in today's motion would cut rates revenue by over $6 billion, i.e. resulting in our forgoing virtually all general rates revenue. "This would have the effect of significantly narrowing our tax base with its long-term impact on our fiscal stability. Also, to do so within mere weeks of the establishment of the SAR Government would send the wrong signal to the world that the SAR Government had begun to depart from the long-standing and prudent principles in the management of public finance which constitute the basis of the success of Hong Kong." Mr Kwong noted the suggestion made by some Members that since Hong Kong had a strong fiscal reserve and since healthy surpluses were also anticipated in the next few years, the Government could afford to forgo the revenue on general rates. "I must remind Members that we may need to make substantial contributions in the next few years towards the construction of high priority projects under the Railway Development Strategy in order to improve our transport infrastructure for the next millennium," he said. "A substantial part of our forecast surpluses in the next few years will have to be used to meet these huge capital investments. If we can manage to have sustained surpluses after allowing for these heavy infrastructural investments, we can consider tax concessions." As regards impact on municipal services, Mr Kwong said in the Provisional Urban Council area, the Provisional Urban Council rate was 2.6% and Government rate was 2.4%. In the Provisional Regional Council area, the Provisional Regional Council rate is 4.2% and Government rate was 0.8%. "The proposed reduction in rates would mean that the Provisional Regional Council would receive $4 billion less in rates revenue in the 1997-98 to 1999-2000 triennium, a reduction of nearly 30%" he said. "As the Provisional Regional Council, like all of us, will have to live within its means, such a substantial reduction in rates revenue would force it to substantially reduce the services provided, with serious adverse consequence for its plans to expand facilities and maintain services for the people living in the New Territories." Noting that Government would carefully consider the various ways to reduce the burden on taxpayers, Mr Kwong said the Financial Secretary would consult Provisional Legislative Council Members on the revenue proposals for the next Budget in Autumn. "We will carefully examine the views received in the consultation exercise. If it is proved that there are scope and merits for tax concessions to be made as a fiscal dividend to the community, we would no doubt consider the best form that these concessions should take, having regard to the long term benefit of Hong Kong and the overall needs of the community," he concluded. End 2. Hong Kong Court of Final Appeal Ordinance ***************************************** Following is the speech by the Secretary for Justice, Miss Elsie Leung, in moving a resolution under the Hong Kong Court of Final Appeal Ordinance (Cap. 484) in the Provisional Legislative Council today (Wednesday): Madam President, I move the resolution standing in my name in the Agenda. The resolution is to the effect that this Council endorses the appointment of: Sir Denys Tudor Emil Roberts Sir Alan Armstrong Huggins Mr Art Michael McMullin Sir Derek Cons Mr William James Silke Mr Kutlu Tekin Fuad Mr Philip Gerard Clough Mr Neil Macdougall The Honourable Mr Justice Power The Honourable Mr Justice Nazareth The Honourable Mr Justice Mortimer as non-permanent Hong Kong judges of the Hong Kong Court of Final Appeal; and The Honourable Sir Anthony Mason The Right Honourable the Lord Cooke of Thorndon The Right Honourable Sir Edward Somers The Honourable Sir Daryl Dawson as judges of the Court of Final Appeal from other common law jurisdictions. The Hong Kong Court of Final Appeal Ordinance provides for a list of non-permanent Hong Kong judges and a list of judges from other common law jurisdictions. The total maximum number of judges from both lists is 30. The term of appointment of such judges is 3 years. When hearing appeals, the Court will have five judges consisting of the Chief Justice, three permanent judges and one non-permanent Hong Kong judge or one judge from another common law jurisdiction selected by the Chief Justice and invited by the Court. Furthermore, where a sufficient number of permanent judges are not available for any cause to hear an appeal, the Chief Justice shall nominate a non-permanent Hong Kong judge to sit in place of a permanent judge. In accordance with the Basic Law, the CFA Ordinance provides that the judges of the Court of Final Appeal, including the non-permanent Hong Kong judges and judges from other common law jurisdictions, shall be appointed by the Chief Executive acting in accordance with the recommendation of an independent commission, namely the Judicial Officers Recommendation Commission. In the case of the appointment or removal of judges of the Court of Final Appeal, the Chief Executive is further obligated to obtain the endorsement of the Legislative Council. On July 1, 1997, Members endorsed the appointment of the Chief Justice and the three permanent judges. Since then, the Judicial Officers Recommendation Commission has made recommendations in respect of the appointment of the non-permanent judges of the Court of Final Appeal. The Chief Executive has now received and accepted the Commission's recommendation on these appointments and today I seek Members' endorsement of such appointments as required by the Basic Law and the Hong Kong Court of Final Appeal Ordinance. Non Permanent Hong Kong Judges ------------------------------ Section 12 of the Ordinance sets out the qualifications required of the judges of the Court of Final Appeal. A person is eligible for appointment as a non-permanent Hong Kong judge if he is a retired Chief Justice or permanent judge of the CFA, a retired Chief Judge of the High Court (or a retired Chief Justice of the previous Supreme Court), a serving or retired Justice of Appeal, or a barrister who has practiced as a barrister or solicitor in Hong Kong for at least 10 years. The Ordinance specifically prohibits any private practitioner appointed as a permanent or non- permanent judge of the CFA from returning to private practice as a barrister or solicitor in Hong Kong. After careful consideration, the Commission has unanimously recommended 11 persons for appointment as non- permanent Hong Kong judges. In so doing, the JORC has taken account of the following factors: (a) the candidate's judicial or professional track record while serving in Hong Kong or in other jurisdictions; (b) whether the candidate is still judicially active; (c) whether the candidate is holding any public office in the other branches of the government; (d) whether the candidate is in politics or had adopted such a public political position as to render him or her inappropriate for appointment. Of the 11 recommended candidates, Sir Denys Roberts is a retired Chief Justice of Hong Kong. Seven, namely Sir Alan Huggins, Mr Art McMullin, Sir Derek Cons, Mr William Silke, Mr Kutlu Fuad, Mr Philip Clough and Mr Neil Macdougall, are retired Judges of the Court of Appeal. The other three, namely Mr Justice Power, Mr Justice Nazareth and Mr Justice Mortimer, are serving Vice-Presidents of the Court of Appeal. Their curricular vitae are laid before you. As regards the retired judges, the Commission has noted in particular that Sir Denys Roberts, Sir Alan Huggins, Mr Art McMullin, Sir Derek Cons and Mr Kutlu Fuad are serving on the Court of Appeal in Brunei and some in Bermuda as well. Judges from Other Common Law Jurisdictions ------------------------------------------ A person is eligible for appointment as a judge from another common law jurisdiction if he is a serving or retired judge of a court of unlimited jurisdiction in either civil or criminal matters in another common law jurisdiction, is ordinarily resident outside Hong Kong, and has never been a judge of the High Court, a District Judge or a permanent magistrate in Hong Kong. While the appointment exercise in respect of the non- permanent Hong Kong judges is for the moment complete, the present recommendations on the appointment of the judges of other common law jurisdiction represent only part of that particular exercise. At this initial stage of the exercise, the Commission concentrated on retired judges only. As far as serving judges in other common law jurisdictions are concerned, the Chief Justice will have to discuss with overseas judiciaries to try to secure their agreement for their serving judges to sit on Hong Kong's Court of Final Appeal. This process will take time. To ensure that the Court of Final Appeal will be in a position to function as soon as possible, the Judicial Officers Recommendation Commission has accepted the Chief Justice's recommendation that the list of judges from other common law jurisdictions should start with retired overseas judges first. The Commission has so far focused on retired judges from England, Australia and New Zealand, being the three countries which have close affinity with Hong Kong in terms of their laws, legal tradition and procedure, including appellate procedures. The Commission considered a number of names from these three jurisdictions and recommended that 4 be appointed as judges from other common law jurisdictions. They are The Honourable Sir Anthony Mason, The Rt Hon the Lord Cooke of Thorndon, The Rt Hon Sir Edward Somers and The Hon Sir Daryl Dawson. Sir Anthony Mason was Chief Justice of the High Court of Australia from 1987 to 1995. Lord Cooke was President of the Court of Appeal in New Zealand and now sits in the House of Lords in England. Sir Edward Somers was a judge of the New Zealand Court of Appeal. Sir Daryl Dawson is a judge of the High Court of Australia. His appointment will only take effect on September 1, 1997, after he has retired from the Australian bench. Their curricular vitae are laid before you. No retired judges from England are recommended on this occasion because the two retired judges sounded out were unable to accept appointment due to their personal plans in retirement. In considering candidates for the list of judges from other common law jurisdictions, the Judicial Officers Recommendation Commission took account of the candidate's stature and achievements in the common law world, whether he served on a court which has comparable status as the Court of Final Appeal, and the affinity between Hong Kong and the jurisdiction from which he comes. It is the intention of both the Chief Justice and the Commission that this list will be expanded in due time. The four persons recommended had been prominent judges in their respective jurisdictions, each with a distinguished record of service. Their appointment will bring to the Hong Kong Court of Final Appeal a wealth of invaluable experience. Furthermore they will provide an important conduit between the Hong Kong Special Administrative Region and other common law jurisdictions. Concluding Remarks ------------------ Members' endorsement of these 15 appointments will place the Court of Final Appeal in a fully functional position, ready to hear appeals. I believe that these appointments will be warmly received by the legal profession and will set a tone to the Commission's deliberations on other appointments to be made in the future. With these comments, I seek Members' endorsement of the appointment of Sir Denys Tudor Emil Roberts Sir Alan Armstrong Huggins Mr Art Michael McMullin Sir Derek Cons Mr William James Silke Mr Kutlu Tekin Fuad Mr Philip Gerard Clough Mr Neil Macdougall The Honourable Mr Justice Power The Honourable Mr Justice Nazareth The Honourable Mr Justice Mortimer as non-permanent Hong Kong judges of the Court of Final Appeal; and The Honourable Sir Anthony Mason The Rt Hon the Lord Cooke of Thorndon The Rt Hon Sir Edward Somers The Honourable Sir Daryl Dawson as judges of the Court of Final Appeal from other common law jurisdictions. Subject to Members' endorsement and the completion of other formalities, these appointments (other than that of Sir Daryl Dawson) will take effect from the Monday following the date of the Council's endorsement. Sir Daryl Dawson can only accept appointment after his retirement from the High Court of Australia and his appointment will only take effect on September 1, 1997. I recommend the Motion to Members. End 3. Inland Revenue (Amendment) (No. 3) Bill 1997 ******************************************** Following is a speech by the Secretary for The Treasury, Mr K C Kwong, in moving the second reading of Inland Revenue (Amendment) (No.3) Bill 1997 in the Provisional Legislative Council today (Wednesday): Madam President, I move that the Inland Revenue (Amendment)(No. 3) Bill 1997 be read the second time. The Executive Council has decided on the remuneration package for the Chief Executive on the basis of the recommendations of the Independent Commission appointed to examine the package. The Executive Council has decided, inter alia, that the Chief Executive shall pay salaries tax on his emoluments. Section 8(2)(a) of the Inland Revenue Ordinance provides that the official emoluments received by the Governor of Hong Kong are exempt from salaries tax. With the enactment of the Hong Kong Reunification Ordinance on July 1, 1997, the reference to "the Governor" in the section is construed on or after July 1, 1997 as a reference to the "Chief Executive of the Hong Kong Special Administrative Region". Therefore, the Chief Executive is exempt from salaries tax as from July 1, 1997 by virtue of the Hong Kong Reunification Ordinance. In order to implement the decision of the Executive Council, we have to amend the Inland Revenue Ordinance. The proposed Bill seeks to delete section 8(2)(a) of the Inland Revenue Ordinance with effect from July 1, 1997. Madam President, with these remarks, I commend the Bill to Members. End 4. Dutiable Commodities (Amendment) (No. 2) Bill 1997 ************************************************** Following is a speech by the Secretary for The Treasury, Mr K C Kwong, in moving the second reading of Dutiable Commodities (Amendment) (No. 2) Bill 1997 in the Provisional Legislative Council today (Wednesday): Madam President, I move that the Dutiable Commodities (Amendment) (No. 2) Bill 1997 be read the second time. The Executive Council has decided on the remuneration package for the Chief Executive on the basis of the recommendations of the Independent Commission appointed to examine the package. The Executive Council has, inter alia, decided that the Chief Executive shall pay excise duty. Section 3(4) of the Dutiable Commodities Ordinance provides, inter alia, that the Governor of Hong Kong is exempt from excise duty. With the enactment of the Hong Kong Reunification Ordinance on July 1, 1997, the reference to "the Governor" in the section is construed on or after July 1, 1997 as a reference to the "Chief Executive of the Hong Kong Special Administrative Region". Therefore, the Chief Executive is exempt from excise duty as from July 1, 1997 by virtue of the Hong Kong Reunification Ordinance. In order to implement the decision of the Executive Council, we have to amend the Dutiable Commodities Ordinance. The proposed Bill seeks to amend section 3(4) of the Dutiable Commodities Ordinance to repeal the reference to "the Governor" with effect from July 1, 1997. Madam President, with these remarks, I commend the Bill to Members. End 5. Bilingual documents ******************* Following is a question by the Hon Mrs Elsie Tu and a reply by the Secretary for Justice, Miss Elsie Leung, in the Provisional Legislative Council today (Wednesday): Question: Although Hong Kong has long been a bilingual community, there are still many documents which state that the English version shall prevail wherever there is a discrepancy between the Chinese and English versions. In this connection, will the Government inform this Council of the measures being taken to ensure that all documents, especially legally binding documents, are written in both Chinese and English and that both versions have equal status in law, so as not to disadvantage those who speak or understand only one of the languages? Reply: Madam President, It may be helpful if I briefly summarise the current position in respect of two important types of legal documents. First, all the laws of the Hong Kong SAR, including all statutory notices and court forms, are bilingual. The two texts of the laws are equally authentic. Secondly, in relation to criminal proceedings, all summonses issued by the magistracies, all charge sheets and all indictments are bilingual. Where a trial is conducted in Chinese in the District Court, other pre-trial documents, including summaries of facts and notices to admit facts, are prepared in bilingual form. In High Court criminal trials where the defendant is Chinese, all witness statements and documentary exhibits are bilingual. These documents do not provide that one language is to prevail over the other. I turn now to the steps that are being taken to extend the range of documents that are produced bilingually. Subject to resources being made available, I propose to set up a team within my department to prepare a Chinese text of tender documents for meet the demand for the translation of government contracts, and to translate court documents for civil proceedings involving the Administration that are conducted wholly or partly in Chinese. Turning to the private sector, in 1996, the Law Society established a working party to promote and implement bilingualism in the legal profession. Its terms of reference include arranging for translations of documents commonly used by the profession. Initially, the working party has in mind translating a sample agreement for sale and purchase, an assignment and a tenancy agreement. Within the private sector, it is a matter for contracting parties, and for organisations that prepare standard forms of agreement, to decide whether to produce bilingual documents. The situations involved vary tremendously. At one extreme there are contracts negotiated at arms length between multi-national corporations. At the other extreme there are standard form agreements prepared in bulk by a local organisation for use by any member of the community who applies for certain goods or services. Given this wide range of situations, it is not considered appropriate to require every document, even every legally binding document, to be written in both languages. Such an approach would not benefit those parties who are perfectly content to deal with each other in one language, but would interfere with the efficiency of their arrangements and increase costs unnecessarily. And a provision in a bilingual document stating that, if a discrepancy exists, one language is to prevail over the other, may be a genuine reflection of the intention of the parties. It would not, therefore, be sensible to prohibit such provisions. I accept that, in some situations, it would be helpful if private organisations produced legal documents bilingually, and gave equal status to the two texts. Market forces already encourage this, since consumers may well prefer to deal with an organisation that provides bilingual documentation, rather than documentation that is in only one language. Madam President, the question refers to the disadvantage that individuals may be under if they cannot understand a legal document expressed in only one language. In this respect, I would draw your attention to two Ordinances that may assist such individuals. The Unconscionable Contracts Ordinance empowers a court to give relief in respect of a consumer contract if the court finds the contract, or any part of it, to have been unconscionable. In deciding whether this was the case, the court may have regard to whether the consumer was able to understand any relevant documents. The Control of Exemption Clauses Ordinance empowers the courts to strike down unreasonable exemption clauses in consumer contracts. In deciding whether an exemption clause is unreasonable, the courts must have regard to whether the language in which the clause is expressed is a language understood by the party who is subject to the clause. End 6. Employment problem of graduate medical practitioners **************************************************** Following is a question by Dr the Hon Leong Che-hung and a reply by the Secretary for Health and Welfare, Mrs Katherine Fok, at the Provisional Legislative Council today (Wednesday): Question: It is reported that the new batch of graduate medical practitioners who have just finished their housemanship in Hong Kong this summer are facing problems in seeking employment with the Hospital Authority (HA) and the Department of Health. Will the Government inform this Council whether it knows: (a) of the numbers of such medical practitioners who have been or will be employed by the Department of Health and the HA respectively within this year; (b) among those who have been or will be employed by the HA within this year, of the numbers of those who have been or will be offered permanent terms and contract terms respectively; (c) of the amount of funds required for employing these graduates on contract terms and the source of such funding; (d) of the details of the training programmes, if any, for these graduates employed on contract terms; and (e) whether the offer of contract terms to this batch of graduates is an one-off exercise for this year; if not, of the details of similar arrangements planned for the future in terms of the number of posts and the amount of funds required? Reply: President, (a) The Department of Health and the Hospital Authority (HA) have respectively employed 49 and 201 of the 258 graduating interns who completed housemanship in June this year. The others have either decided not to apply or declined the offers. (b) Of the 201 graduating interns employed by the HA, 88 are appointed on fixed-term contracts. The remaining 113 are appointed on permanent terms. (c) The renumeration cost for employing these 88 contract-term appointees amounts to about $48.6 million in 1997/98, which will be financed from the existing allocation from Government to the HA. (d) All these new appointees, no matter on contract or permanent terms, will be offered similar training opportunities as in previous years. Of the 88 appointees on contract terms, 21 will receive training on family medicine, while the others will be offered training in various hospital specialty streams. Their training programmes will follow the requirements stipulated by different Specialty Colleges of the Academy of Medicine. (e) The proposal of offering contracts for the employment of doctors has been developed to ensure a sufficient supply of doctors with specialist training in family medicine and other hospital specialty streams. I understand that the HA is deliberating to offer contract terms in future, taking into account its operational needs and training requirements for specialists. End 7. EMSC's role during emergency situations explained ************************************************* Following is a question by the Hon Ip Kwok-him and a reply by the Acting Secretary for Security, Mrs Carrie Yau, in the Provisional Legislative Council today (Wednesday): Question: The recent torrential rains have caused over a hundred landslip incidents, and the landslide at the Ten Thousand Buddhas Monastery even resulted in casualties. Landslips in other areas also resulted in road closures and serious traffic congestion, causing severe disruptions to the daily life of the community. In this connection, will the Government inform this Council of: (a) the reasons for not activating the Emergency Co- ordination Centre so as to carry out rescue and remedial work more efficiently, despite the occurrence of a number of serious landslip incidents; and the circumstances under which the Centre will become operational; and (b) the number of times the Centre was brought into operation since its establishment; the mechanism for activating the Centre, and whether a review has been conducted on the effectiveness of such a mechanism? Reply: (a) During the recent rainstorms, other than the normal operation of the round-the-clock command centres of the Police and the Fire Services Department, a number of departmental emergency co-ordinating centres were activated. These included Home Affairs Department, Social Welfare Department, Transport Department, Drainage Services Department, Highways Department and Geotechnical Engineering Office of the Civil Engineering Department. In respect of the closure of the Tuen Mun Highway and the Castle Peak Road as a result of the damage to the road surface and landslip, the Secretary for Transport and Secretary for Works together with four Heads of Department maintained urgent and close liaison from mid-night to dawn on July 3 to co-ordinate emergency plans. At the Government Secretariat level, the Emergency Monitoring and Support Centre (EMSC), (previously known as Government Secretariat Emergency Co-ordinating Centre (GSECC)) was also in operation to monitor the situation and to provide support to the emergency services and supporting agencies if the situation so warrants. In general, EMSC will be activated in emergency situations of a territory wide nature, for example when black rainstorm warning and typhoon signal No. 8 is issued; or in extremely serious situation where the scale of response may be in excess of that which can be dealt with by the emergency services under their normal operating condition, for example in case of a plane crash. (b) The Security Bureau has an Emergency Support Unit with officers on call on a 24 hour basis to monitor any incidents that may warrant the activation of the EMSC. Our emergency response system is kept under regular review. The last major review was conducted in early 1996. As a result, the former GSECC was renamed as EMSC to make clear that the mechanism set up at the Government Secretariat is mainly for monitoring and support purposes. Since its establishment in 1996, the EMSC has been activated once in 1996 and twice this year. For rescue and remedial works to be conducted efficiently, swift response is essential under a simple chain of command. In general, departments have well established procedures and adequate resources to cope with most if not all emergency situations. End 8. KCR has an on-going slope inspection programme ********************************************** Following is a question by the Hon Lau Kong-wah and a reply by the Secretary for Works, Mr Kwong Hon-sang, in the Provisional Legislative Council today (Wednesday): Question: The torrential rains on July 2 this year triggered off a number of landslips at different locations along the Kowloon-Canton Railway, resulting in the rail service being disrupted for hours. In this connection, will the Government inform this Council: (a) of the number of dangerous slopes located along the Kowloon-Canton Railway; (b) whether the Geotechnical Engineering Office has carried out regular inspections on the slopes mentioned in the answer to (a) above; and (c) how the Government ensures that similar incidents will not recur? Reply: Madam President, (a) Slopes along the Kowloon-Canton Railway within the railway property boundary are the responsibility of the Kowloon-Canton Railway Corporation (KCRC). In 1987, the KCRC engaged specialist consultants to carry out a detailed study of slopes along the railway, including soil testing and stability analysis as required. As recommended in the study report, the KCRC carried out slope improvement works at 14 locations, and subsequently completed further works at another 9 locations of lower priority. Based upon the report, with the improvement works implemented as required, followed by the regular inspections and routine maintenance works since then, along the entire length of the railway, neither the Government nor the KCRC are aware of the existence of any dangerous slopes located along the Kowloon- Canton Railway. (b) The Geotechnical Engineering Office (GEO) does not carry out inspections of the KCRC slopes. Instead, the KCRC has an on-going programme of slope inspections. All slopes along the railway are inspected at least once every year, and every slope is inspected in detail at least once every four years. In addition the normal railway patrols have standing instructions to report any signs of slope problems, including obstruction of drainage features, falling trees, etc. These patrols cover the full length of the railway, six times every week. A senior professional staff in the Corporation is responsible for overseeing the entire inspection and initiating follow up actions should problems emerge. (c) The Geotechncial Engineering Office and the KCRC are collaborating to determine the exact cause of the recent slope failure incidents. More specific measures may be introduced in due course in the light of the findings to prevent future recurrence. Meanwhile, repair to the slopes are in progress and they pose no immediate threat to the railway. The Government and the KCRC are also engaged in discussion to agree a means of enhancing the level and the coverage of the present inspection regime to monitor any area outside the railway boundary that may present a potential risk to the railway. For any new and upgraded KCRC slopes to be constructed in the future, the GEO will continue to check their designs to ensure that they are up to current safety standards. End 9. Dredging works damaged submarine outfall pipe ********************************************* Following is a question by the Hon Ngan Kam-chuen and a reply by the Secretary for Works, Mr Kwong Hon-sang, in the Provisional Legislative Council today (Wednesday): Question: Regarding the recent incident in which the bursting of the marine sewer situated at Pillar Point of Tuen Mun has resulted in water pollution in that area, it has been reported that the Drainage Services Department (DSD) knew of the bursting of the marine sewer concerned on July 8 but the DSD did not inform the Environment Protection Department (EPD) of the incident until July 11. Will the Government inform this Council: (a) of the reasons for the DSD not informing the EPD and the Provisional Regional Council of the incident, and whether the Government will carry out a review to ascertain if the co-ordination among the relevant departments is adequate; (b) of the reasons leading to the bursting of the marine sewer and the measures that the Government will adopt to prevent the recurrence of similar incidents; (c) whether the EPD will, pursuant to the Water Pollution Control Ordinance, prosecute the person(s) or the legal person who caused the incident; if not, why not; and (d) whether the EPD will increase the frequency of random checks on the water quality of beaches; and whether it will expedite the process of water quality tests, so as to safeguard the health of the general public? Reply: President, (a) The incident occurred at around 4 am on July 8. By 9.30 am the DSD staff had isolated the incident by closing off the penstock valve leading to the damaged submarine outfall pipe, diverting the sewage flow into the undamaged one. Knowing that the sewage flow had been quite low in the early morning hours, the staff had assumed that the environmental impact would be minimal and did not immediately inform the Environmental Protection Department (EPD) and the Provisional Regional Council. EPD and DSD were in fact already in the process of reviewing co-ordination between the two Departments. Draft new procedures had been circulated in late June for comment. (b) The existing submarine outfall comprises two 1.5m diameter concrete pipes embedded in a rubble mound of 2.4m thick which is capable of withstanding the anchoring impact of marine traffic. The dredging work of the contractor, Zen Pacific - Dredging International Joint Venture, employed by River Trade Terminal Co; Ltd. (RTT) accidentally removed part of the rubble mound and damaged one of the concrete pipes at about 4 am on Tuesday, July 8, 1997. Measures to prevent the recurrence of similar incidents include requiring RTT and its consultants to tighten up their supervision of the contractor's works and the clear delineation of a strip of non-working area above the existing outfall by means of marker buoys to facilitate monitoring by clearly indicating whether the contractor's work is outside the restricted area. Dredging and reclamation works within the restricted area will only be allowed after the new replacement outfalls have been built and in operation. (c) EPD is collecting information and gathering evidence and will consider taking prosecution against the parties responsible for the incident, depending on the findings of the investigation. (d) At present, EPD takes water samples for analysis from 41 gazetted beaches and 9 non-gazetted beaches three times a month during the bathing season from March to October. The current frequency is considered adequate for general monitoring of the beach water quality in order to check for compliance with the water quality objectives. This information also allows EPD to advise the public on the latest beach water quality through the bi-weekly press releases during the bathing season. If pollution at beaches is suspected or detected during the regular monitoring programme, a more frequent monitoring programme is adopted for the beaches concerned. The current laboratory analytical method for determining E.Coli in beach water samples takes about 3 days before results can be verified. EPD is currently developing a new analytical method which might provide quicker results. The Department hopes to introduce the new testing regime in the near future if it has proved reliable. End 10. SARG in co-operation with UNHCR on VMs and VRs ********************************************** Following is a question by the Hon Lo Suk-ching and a reply by the Acting Secretary for Security, Mrs Carrie Yau, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council whether: (a) it has asked the British Government to take up the responsibility for solving the problem of the Vietnamese boat people and Vietnamese refugees currently stranded in Hong Kong; if so through what channels such a request has been made and what the up-to-date progress is; and (b) it has asked the British Government to make a request to the United Nations High Commissioner for Refugees (UNHCR) on behalf of the Hong Kong Special Administrative Region Government, or directly approached the UNHCR, for the repayment of the debt owed the Hong Kong Government in respect of the expenses on the care and maintenance of the Vietnamese boat people and Vietnamese refugees stranded in Hong Kong; if so, through what channels such a request has been made and what the up-to-date progress is? Reply: Madam President, (a) In resolving the problem of Vietnamese refugees (VRs) and Vietnamese migrants (VMs), the Hong Kong Government has liaised closely with the British Government through the Foreign and Commonwealth Office in London and also through the British Embassy in Hanoi. The British Government has campaigned for international assistance in resettling VRs and in implementing the Comprehensive Plan of Action. British Ministers, including successive Prime Ministers and Foreign Secretaries, have intervened personally to promote greater international co-operation and resolve particular problems. Britain has also resettled about 15,500 VRs from Hong Kong, and contributed a total of $1.13 billion towards the VM programme since 1989. The HKSARG is appealing through the UNHCR to the international community, including the former sovereign power, Britain, to resettle the remaining VRs from Hong Kong. The SARG continues to make its best efforts, in co-operation with the UNHCR and the Vietnamese Government, to resolve the residual VM problem in Hong Kong by repatriating the remaining few VMs to Vietnam. Hong Kong has received over 200,000 VRs and VMs since 1975. The residual VR and VM population standing at 1,300 and 800 respectively is only about 1% of the total number of arrivals. The 900 Vietnamese illegal immigrants who have come to Hong Kong mainly to seek illegal employment will continue to be repatriated to Vietnam in accordance with bilateral arrangements with Vietnam. (b) The UNHCR's commitment on the care and maintenance of VMs in Hong Kong is provided for in the Statement of Understanding (SOU) reached with the Hong Kong Government in 1988. We have always maintained direct lines of communication with the UNHCR local mission, and has pressed the UNHCR continually for reimbursement of the advances made. The UNHCR has indicated to us on many occasions that its commitments under the SOU remain valid after the reversion of sovereignty. As a Special Administrative Region of China with a high degree of autonomy, it does not seem appropriate, or useful, to ask the former sovereign power to intervene on behalf of the HKSAR on a debt which arises from Hong Kong's bilateral arrangement with the UNHCR. The latter has repeatedly assured us of its commitment to raise funds from the international community for this purpose. However, confronted with massive refugee problems around the world, particularly in the Great Lakes of Africa, the UNHCR has not been able to raise sufficient funds for its programmes in all parts of the world. Hitherto, the UNHCR has repaid a total sum of $162 million, and the cumulative outstanding amount stands at $1.17 billion. We will continue to press the UNHCR for the reimbursement of the outstanding balance. The Administration has made no advance payment in respect of VRs. The UNHCR pays the full cost direct. End 11. Statistics on IIs from Mainland ******************************* Following is a question by the Hon Lau Kong Wah and a written reply by the Acting Secretary for Security, Mrs Carrie Yau, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council of the numbers of illegal immigrants (including children) who had entered Hong Kong illegally from the Mainland for one time only and for more than one time respectively in the past five years; and whether the Government knows how the Mainland Government deals with those persons who have entered Hong Kong illegally for more than one time? Reply: Mrs President, A breakdown of the number of illegal immigrants including children who had entered Hong Kong illegally from the Mainland for one time or more in the past five years is as follows: Number of illegal immigrants Year One entry More than one entry Total 1992 25,294 15,061 40,355 1993 22,626 20,403 43,029 1994 15,888 17,372 33,260 1995 13,765 14,057 27,822 1996 10,228 10,960 21,188 1997(up to June) 4,094 3,598 7,692 Under the existing policy, all illegal immigrants are repatriated immediately. What will happen to them after returning to the mainland is a matter for the mainland authorities. We do not have information from the mainland authorities as to how they deal with those persons who have entered Hong Kong illegally for more than one time. End 12. Slope maintenance rests with rail transport systems operators ************************************************************* Following is a question by the Hon Ngan Kam-chuen and a written reply by the Secretary for Works, Mr Kwong Hon-sang, in the Provisional Legislative Council today (Wednesday): Question: In early July this year, landslips occurred in many parts of the territory due to heavy rains. Several slopes located along the Kowloon-Canton Railway collapsed and the rail service had to be temporarily suspended. In this connection, will the Government inform this Council whether: (a) the responsibility for slope maintenance in respect of slopes located within the confines of the various rail transport systems falls on the Government or the operators concerned; and (b) the geotechnical investigations on slopes located within the confines of various transport systems currently undertaken by the Government include slopes below five metres in height; if not, what the reasons are, and whether consideration will be given to allocating additional resources for carrying out such investigations? Reply: President, (a) The maintenance responsibility for slopes located within the property boundaries of the various rail transport systems rests with the operators concerned. (b) The slopes located within the confines of the various transport systems are not included in Government's Landslip Preventive Measures Programme. Geotechnical investigations on these slopes are therefore not undertaken by Government but by the operators. They have their own inspection, maintenance and upgrading programmes for all their slopes with a view to maintaining a safe and uninterrupted railway service to the public. End 13. Proactive industry support policy explained ******************************************* Following is a question by Dr the Hon Law Cheung Kwok and a written reply by the Secretary for Trade and Industry, Miss Denise Yue, in the Provisional Legislative Council today (Wednesday): Question: With regard to the policy on the future economic development in Hong Kong, will the Government inform this Council whether it will, in addition to vigorously developing the financial and service sector, also formulate long-term policy on industrial and technological development, as well as provide support for small and medium businesses and emerging high-tech industries; if so of the specific details of the policy concerned, the resources required and the timetable for implementation; if not, why not? Reply: Madam President, Consistent with our overall economic policy, the Government's approach to Hong Kong's industrial and technological development is one of "minimum intervention, maximum support". It is the Government's firm belief that business decisions should be left to the private sector but it does recognise the need to create and maintain a favourable environment within which industry and technology can develop efficiently on a market driven basis. Thus the Government has a proactive industry support policy of providing a physical, human and technological infrastructure to sustain and promote the productivity and international competitiveness of our manufacturing industries. As part of the general economic framework of Hong Kong, the Government has provided a simple and consistent taxation system, a low level of taxation, generous concessions in the form of high depreciation allowances for machinery and equipment, a world class physical infrastructural development programme, and a wide range of education and training programmes, of which technical education and training offered by our tertiary education institutes and the Vocational Training Council is part. In the field of industry and technology development, a number of organisations are operating a wide range of support services for our manufacturing industries, including the Hong Kong Productivity Council, which provides various productivity, value-added enhancement and technological upgrading support services to the manufacturing industries; the Hong Kong Industrial Estates Corporation, which provides formed and serviced land in its three industrial estates to industrial operations that cannot be accommodated in a multi-storey setting; the inward industrial investment promotion programme of the Industry Department, which seeks to encourage the transfer of advanced technology from overseas companies; the Hong Kong Industrial Technology Centre Corporation, which helps to foster technological entrepreneurship and promote technology innovation, upgrading and transfer through a technology start-up incubation programme with an extensive range of support services and accommodation of technology companies. Other institutions which provide technical assistance to industry include the Hong Kong Plastics Technology Centre Ltd., the Clothing Technology Demonstration Centre Co. Ltd., the Telecommunications Technology Centre Ltd., the Design Innovation (Hong Kong) Ltd., the Hong Kong Institute of Biotechnology, etc. To complement these services and facilities, the Industrial Support Fund (ISF) was set up under Industry Department in 1994 to fund projects which help to upgrade the technological skills of, and facilitates technology transfer to, the manufacturing industry. To date over $900 million has been committed under this Fund. In addition to the ISF, the Government has also set up an Applied Research Council which is now operating two funding schemes totalling $250 million. Both schemes offer direct financial assistance in the form of preferential interest loans or equity investment to locally-registered companies undertaking applied R&D based commercial ventures. As such the Government through the Applied Research Council is effectively providing venture capital funds for technology based industries. As part of its continuing effort to improve the industrial and technological infrastructure of Hong Kong, the Government is committed to the development of a science park, a second industrial technology centre and a fourth industrial estate for Hong Kong. The planning and preparatory work is being carried out by the Industry Department and the relevant industry support organisations concerned. Proposals will be submitted to this Council in due course for funding approval. To the extent that small and medium enterprises (SMEs) account for more than 95% of the firms of local industry, the support services mentioned in the preceding paragraphs are intended to benefit them. The Government established a Small and Medium Enterprises Committee in July last year to look into the specific concerns of SMEs and to facilitate their continued development. With the assistance of the Committee, we will publish a Directory on Services and Facilities Available to SMEs in September 1997 to assist them in gaining access to various support available to them in Hong Kong. The Hong Kong Export Credit Insurance Corporation has tailor-made a Small and Medium Enterprises Policy to meet their specific needs. In addition, we will set up a Business Licence Information Centre in September 1997 to provide a centralised source of information on business licence requirements in Hong Kong. The centre will advise enquirers of the number and types of licences required for individual businesses and provide them with relevant information and application forms. End 14. Staffing needs of CE's Office under review ****************************************** Following is a question by the Hon Frederick Fung Kin- kee and a written reply by the Secretary for the Civil Service, Mr W K Lam, in the Provisional Legislative Council today (Wednesday): Question: In connection with the appointment of private sector staff to work in the Chief Executive's Office, will the Government inform this Council: (a) whether all the staff currently working in the Chief Executive's Office have completed the recruitment formalities according to the civil service appointment procedures; if not, of the capacity in which they work in the Chief Executive's Office and the reasons why such a situation is allowed to occur under the current civil service appointment system; (b) whether the personal driver previously employed by the Chief Executive has directly joined the civil service from the private sector and started work in the Chief Executive's Office pending the completion of recruitment formalities; (c) as the Secretary for the Civil Service has been reported as saying that the incident mentioned in (b) above has not resulted in anyone being deprived of his job or required to resign, whether this means that the number of Senior Personal Chauffeur in the Chief Executive's Office has been increased; if so, whether the additional post has been included in the budget for the current financial year? Reply: Madam President, The Chief Executive's Office was set up in December last year. It has been integrated into the Government since July upon the establishment of the Hong Kong Special Administrative Region. The staffing requirements of the Office have been adjusted to cope with the changing needs over the last few months. The staffing needs for the permanent Chief Executive's Office is now under active review. A submission will be made to the Finance Committee of this Council in due course. Turning to the specific questions raised: (a) When the Chief Executive's Office was established in December last year, a number of civil servants were seconded to the Office. Given the circumstances prevailing at that time, the Chief Executive also brought several staff from his previous office to work with him. These staff were employed on a temporary basis as non civil servants. As such, they were not recruited as civil servants. (b) The personal driver previously employed by the Chief Executive is still working in the Chief Executive's Office as a non civil servant. (c) I can confirm that no civil servant has been deprived of his job or required to resign consequent to the establishment of the Chief Executive's Office. If additional funding is required to increase the establishment of the Chief Executive's Office, we will seek approval from the Finance Committee of this Council in accordance with normal procedures. End 15. Immigration (A) (No. 3) Ordinance 1997 ************************************** Following is a question by the Hon Wong Siu-yee and a written reply by the Chief Secretary for Administration, Mrs Anson Chan, in the Provisional Legislative Council today (Wednesday): Question: In less than a week after the passage of the Immigration (Amendment) (No. 3) Ordinance 1997, the Legal Aid Department (the Department) has approved more than 20 applications for legal aid in relation to the Ordinance. In this regard, will the Government inform this Council: (a) whether the Department has verified the relationship between the applicants and their children before approving the above-mentioned applications; if so, how the Department verifies such relationship; (b) of the amount of public money expected to be spent on these cases; and whether the Department's budget for the current financial year is adequate to meet the expenses arising from these cases, without having to apply to this Council for supplementary provisions; and (c) of the reasons why the Department does not wait for the court's ruling on the first lawsuit of this nature before processing other cases; and whether the present arrangement will increase the workload of the court? Reply: Madam President, Our reply to parts (a) to (c) of the Hon Wong Siu-yee's question is as follows: (a) The proof of parent and child relationship is essential in each application. The Legal Aid Department (the Department) requires a proper birth certificate issued by the appropriate authority to verify the relationship. In the absence of any documentary proof of identity and status of the persons concerned, the Department will refuse an application for legal aid. (b) So far, 73 cases have been granted legal aid. However, with the agreement of the courts and both sides, a few cases will be selected as test cases to obtain rulings from the courts on points of law. It is therefore unnecessary to initiate separate proceedings for each and every legally aided person. It is difficult to estimate the costs of litigation at this stage as it depends on the number of selected cases, their complexity and whether there will be any appeals arising from such cases. The Department will closely monitor expenditure in these cases. (c) All applications for legal aid must be processed expeditiously in accordance with the Legal Aid Ordinance (Cap. 91). Delay in processing an application may jeopardize the interests of eligible applicants. It is expected that the few test cases would not overburden the court. End 16. Video compact discs production lines ************************************ Following is a question by the Hon Ma Fung-kwok and a written reply by the Secretary for Trade and Industry, Miss Denise Yue, in the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council of: (a) the current number of video compact discs (VCD) production lines operating in Hong Kong and the number of those which are involved in copyright piracy activities; and (b) the current number of pirated VCDs being brought into and out of Hong Kong through various border control points each day, according to the estimation of the Customs and Excise Department? Reply: Madam President (a) There is at present no requirement for video compact disc (VCD) production lines to be registered or licensed. Hence, the Government of the Hong Kong Special Administrative Region does not have official records of the number of VCD production lines in Hong Kong. There is no evidence to suggest that local CD production lines are involved in the manufacture of infringing articles. Given our commitment to combat copyright piracy at all levels, we are nevertheless considering the feasibility of introducing licensing requirements for the import and export of CD manufacturing machinery and for CD factories. These would enable Customs to better monitor and combat piracy. We meet with the copyright trade regularly to review the piracy situation, and will continue to work on new measures to prevent and fight piracy. (b) Hong Kong Customs do not have projections of the number of pirated VCDs being brought into and out of Hong Kong through the various border control points each day. However, the following table summarises the number of pirated CD products, including VCDs, seized at various border control points in 1996. It illustrates the ground situation of the flow of pirated CDs into Hong Kong. [Table]Figures on seizures of CD products (including VCDs) at various border control points in 1996. ---------------------------------------------------------- Control No. of Persons CDs seized Value of Point cases arrested seizures ------- ------ -------- ---------- -------- China/Macau Ferry Pier 1 1 122 $6,100 Lo Ma Chau 3 3 11,510 $614,000 Lo Wu 68 68 4,763 $175,385 Macau Ferry 4 4 857 $59,380 Terminal Man Kam Road 4 4 22,838 $1,317,700 Sha Tau Kok 4 3 75,220 $4,092,300 ------------------------------------------------------------ Total 84 83 115,310 $6,264,865 End 17. Examination of blood products ***************************** Following is a question by the Hon Hui Yin-fat and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, at the Provisional Legislative Council today (Wednesday): Question: It is reported that a child patient in Prince of Wales Hospital suffering from thalassaemia is suspected to have contracted AIDS virus through blood transfusion. In this connection, will the Government inform this Council: (a) of the current procedure for examining blood products to find out whether they have been contaminated by AIDS virus; whether the occurrence of the above incident indicates that there are loopholes in the procedure concerned; (b) whether, before giving blood transfusion to the patients, the public hospitals in Hong Kong conduct AIDS virus and antibody tests on the blood samples which will be used for transfusion, if not, why not; (c) notwithstanding that the victim of the above incident may claim compensation from the AIDS Trust Fund, whether the relevant authority will bear the expenses incurred by the victim concerned in undergoing long-term treatment for AIDS in future; if not, why not; and (d) of the remedial actions that will be taken to avoid the recurrence of similar incidents in future? Reply: Madam President, (a) Since 1985, all donated blood units collected by the Hong Kong Red Cross Blood Transfusion Service (BTS) are tested for HIV (Human Immunodeficiency Virus) antibodies by using the test called Enzyme Immunoassays. This test is widely adopted in other developed countries, including Britain and Australia, for screening out HIV-infected blood units. Only those blood units which pass these HIV tests are accepted for transfusion purpose. Regrettably, as the HIV antibodies take time to develop after a person is HIV infected, the blood units taken from the infected person during the three weeks period (known as the "window period") immediately after the infection, though already contaminated, would not react "positive" to these tests for antibodies and the infected blood units would escape being detected. Such occurrence, according to both overseas and local experience, is however extremely rare. (b) Since the BTS has tested all donated blood units before they are distributed to the public hospitals, the latter do not conduct further tests on them prior to use for transfusion as such duplicate tests will not produce any different results. The reliability of the test outcome is affected by the timing of the blood donation, not the timing of the tests. (c) The Hospital Authority will continue to provide the patient with the necessary medical treatment and support services and will liaise with the Administration for the provision of any further assistance, as the requirements arise. (d) As part of BTS's ongoing quality improvement process, BTS will continue to keep abreast of the latest HIV-screening technology to ensure that any new technology which is reliable and cost-effective will be introduced when it is available to further minimise the risk of HIV infection through blood transfusion. On the other hand, the Administration will continue to educate the public on the risk and channels of HIV infection and remind persons with at-risk behaviours that they should refrain from donating blood, and in particular, not to use blood donation as a means of testing whether they are infected or not. The Department of Health offers free HIV testing service and counselling, where strict confidentiality is observed. End 18. Promotion of local film industry ******************************** Following is a question by the Hon Ma Fung-kwok and a written reply by the Secretary for Broadcasting, Culture and Sport, Mr Chau Tak-hay, at the Provisional Legislative Council today (Wednesday): Question: Will the Government inform this Council: (a) whether any measures are in place to promote the development of the local film industry; if so, of the resources required for the implementation of such measures and the progress made in this regard; if not, why not; and (b) of the reasons for the rejection by the former Broadcasting, Culture and Sport Branch of the proposal to set up a Film Commission? Reply: Madam President, (a) The Task Force on Services Promotion, established for promoting Hong Kong's service sector, announced in March 1996 its service support strategies. Action agendas for 14 leading service industries were drawn up, one of which covered the film industry. Substantial progress has been made in implementing the agenda for the film industry. The progress is summarised as follows: (i) On streamlining the procedures and regulations for location shooting of films, Regional Services Department, Water Supplies Department, Housing Department, Marine Department and Civil Aviation Department have reviewed the application procedures for location shooting in premises under their respective purview. The Broadcasting, Culture and Sport Bureau (BCSB) will continue to follow up with relevant government departments on this front. (ii) The Information Services Department will in the next few months publish an updated version of "Guide to Filming in Hong Kong" and establish a database on rules and regulations on location shooting thus providing more comprehensive information to the film industry. (iii) The Hong Kong Trade Development Council and the Movie Producers and Distributors Association of Hong Kong jointly organised the first Hong Kong International Film Market (Filmart) in June 1997. Some 75 exhibitors and over 500 buyers participated in the event. The second Filmart will be held in June 1998. To strengthen Hong Kong's status as the centre for the trading of films and film-related products in Asia, Government will continue to maintain close liaison with the organisers and provide them with appropriate assistance. (iv) Through the assistance of the BCSB, the Hong Kong Academy for Performing Arts has agreed in principle to provide training on digital technology for the film industry. This will certainly play a positive role in raising the standard of local film production. (v) Government is now reviewing the Film Censorship Ordinance with a view to improving the film censorship regime to cater for the flexible operation of the film industry. The implementation of these initiatives forms part of the normal duties of the BCSB and other relevant government departments. It is therefore not practical to specify the resources devoted to each initiative. (b) The film industry has in the past repeatedly urged Government to set up a film commission. Government however considered that the functions of the proposed Commission have largely been carried out as part of the supporting services rendered to the film industry (including location shooting and overseas promotion) by various departments and public bodies such as the Hong Kong Trade Development Council, Hong Kong Arts Development Council and Hong Kong Tourist Association. Government therefore could not support using public funds to establish a film commission on top of the existing structure. The BCSB will continue to closely monitor development of the film industry and will review, where practicable and necessary, the existing supporting services provided for the industry with a view to improving them. End 19. Assistance given to HK residents in Cambodia ******************************************** Following is a question by the Hon Hui Yin-fat and a written reply by the Acting Secretary for Security, Mrs Carrie Yau, in the Provisional Legislative Council today (Wednesday): Question: It is learnt that during the recent political turmoil in Cambodia, several hundred Hong Kong residents approached the Chinese Embassy (the Embassy) in Phnom Penh for assistance. However, the Embassy only advised them to find a safe route to leave Cambodia by themselves without rendering them any assistance. In this connection, will the Government inform this Council: (a) whether it knows if the Embassy offered assistance to these Hong Kong residents; if it did not, the reasons for not offering assistance; (b) whether it has requested the Central Government or the Embassy to provide assistance to these Hong Kong residents; if not, why not; (c) whether it knows of the kinds of assistance or service the Chinese organisations stationed in foreign countries will provide to Hong Kong residents in case of political turmoil or warfare in these countries; and whether such organisations will take the initiative to evacuate Hong Kong residents from the war zone and if not, why not; and (d) of the specific measures in place to safeguard the personal safety of Hong Kong residents who are caught in the midst of a war in a foreign country? Reply: Mrs President, (a) We have been advised that during the military conflict in Cambodia, the Chinese Embassy at Phnom Penh had taken various measures to assist the Hong Kong residents there. These included representations made to the Cambodian authorities asking them to adopt measures to protect all Chinese citizens who are Hong Kong residents; setting up of a hot-line at the Embassy; issuing notices to those citizens inviting them to register with the Embassy so that they could monitor their well-being; assisting in transporting some Hong Kong residents to safety area from the war zone; and helping some others to leave the country upon their request. The Embassy has also urged the Cambodian authorities to resume flight arrangement between Hong Kong and Cambodia as soon as Cambodia's situation returned to normal. (b) Since the military conflict broke out in Phnom Penh on July 5, 1997, the Government had kept in touch with the Chinese Ministry of Foreign Affairs on the assistance being offered to Hong Kong residents in Cambodia. The Ministry has assured us that Hong Kong residents who are Chinese nationals or British National (Overseas) passport holders can seek consular assistance from the Chinese embassy. (c) The Chinese Ministry of Foreign Affairs has advised us that in case of political turmoil in a foreign country, the Chinese embassy would take all necessary measures to protect Hong Kong residents there. If the situation requires, evacuation will be arranged. (d) Consular protections are offered by Chinese embassies. In such connection, we have the assurance from the Ministry of Foreign Affairs that all Chinese embassies stand ready to protect the interests of Hong Kong residents abroad. In time of war in a foreign country, the Chinese embassy there would take all necessary measures to protect Hong Kong residents. End 20. Adequate trained personnel ensured ********************************** Following is a question by the Hon Ho Chung-tai and a written reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Provisional Legislative Council today (Wednesday): Question: In order to solve the housing problem in Hong Kong, the Chief Executive has recently announced the Government's plan to achieve the goal of having 70% of the people in Hong Kong becoming home owners within the next ten years. Apart from housing production, the related infrastructural and complementary development works will definitely be on the increase too. In this connection, will the Government inform this Council: (a) whether the Government has formulated a comprehensive human resources strategy to train more local professional and technical staff, so as to reduce the dependence on foreign experts; and (b) if the answer to (a) above is in the affirmative, whether, in inviting tenders for the projects concerned, the Government will adopt the practice in some countries of setting a ceiling on the percentage of foreign professionals to be employed, or request the companies concerned to specify the types of work requiring the service of foreign experts, so as to ensure that local professionals are given the chance to participate in these projects? Reply: Madam President, (a) As far as housing production and other related infrastructural and complementary development works are concerned, such as site formation and construction of road network, we have a large pool of local professional and technical staff to meet the requirements of the industry. Although there may be individual projects which are highly specialised and require the technical input of foreign experts, we do not consider that there is any unhealthy dependence on foreign experts. For example, over the last few years, none of the consultant firms commissioned by the Housing Authority (HA) to carry out public housing projects were overseas companies. Experience also indicates that the vast majority of staff of such consultants working on HA projects are either locally or overseas qualified professionals permanently residing in Hong Kong. On the other hand, in respect of private sector housing projects, it is a requirement under the Building Ordinance that all building works must be co-ordinated and supervised by authorised persons (AP) and registered structural engineers (RSE) who are locally established and registered under the Ordinance. Although from time to time overseas consultants are engaged in some special projects, they are usually involved only in designing work and must still come under the supervision of local APs and RSEs. It should also be pointed out that under our policy on entry of overseas professionals for employment in Hong Kong, only those overseas personnel, including those of particular relevance to the construction industry, who possess a special skill, knowledge and experience of value to and not readily available in Hong Kong, and are in a position to make a substantial contribution to our economy will be allowed to come to work in Hong Kong. The Government's human resources strategy is to ensure that adequate and suitably trained personnel are available to meet the development and needs of the industry. At the level of craftsman to technician, the Government will meet the demand arising from the expected increase in housing production mainly by providing vocational training and retraining through the Construction Industry Training Authority (CITA), the technical institutes of the Vocational Training Council (VTC), and the Employees Retraining Board (ERB). In 1996/97, the three training bodies provided training to more than 20,000 workers of various disciplines. There are also plans to increase the training provision in the light of the expected increase in housing production, details of which are set out in my reply to an oral question asked by the Hon Cheng Yiu-tong on July 16, 1997. As regards the higher technician to professional level, training for the building and construction as well as other relevant fields are provided by a number of tertiary institutions funded by the Government through the University Grants Committee (UGC) and the two technical colleges under the VTC. In 1996/97, the total numbers of intakes were 1,220, 878 and 552 respectively for the various courses at sub-degree, undergraduate and post-graduate levels. The courses cover architectural studies, building and building services engineering, building/quantity/land surveying, building technology and management, civil engineering, construction/property development management, and other relevant disciplines. On the basis of information provided by the Government and feedback gathered by themselves, the relevant UGC-funded institutions will continue to seek to provide enough training to meet the changing requirements of our economy. The VTC, in keeping with the recently announced recommendations of its strategic and organizational review, will also aim to adjust its training capacity to meet the manpower needs of the construction industry of Hong Kong. (b) As far as public works are concerned, we do not have, nor do we intend to set, any ceiling or other restrictions on the numbers and types of foreign construction related professionals who may come to work in Hong Kong. Our procurement policy is to obtain goods and services at the best value for money in support of Government's programmes and activities through open, fair and non-discriminatory procedures. We provide equal opportunities for domestic and foreign suppliers and service providers in participating or competing in government procurement. These principles are also in line with our obligation as a signatory to the World Trade Organization Government Procurement Agreement as well as our commitment to free trade. As pointed out in part (a) of my reply, we do not consider that there is any unhealthy dependence on foreign experts, and in fact, in both the public and the private sectors, experience indicates that local professionals have been participating and playing a major role in housing and other related projects. Together with our policy on entry of overseas professionals, under which only those experts whose skills and knowledge are not readily available in Hong Kong will be allowed to come to Hong Kong, we do not see the need for any restrictions as suggested in the question. End 21. Old cars scrapping incentive scheme *********************************** Following is a question by the Hon Mrs Lau Kin-yee, Miriam and a written reply by the Secretary for the Treasury, Mr K C Kwong, in the Provisional Legislative Council today (Wednesday): Question: The Government implemented the Old Cars Scrapping Incentive Scheme in June last year by offering concession on motor vehicle first registration tax so as to encourage the owners of private cars of ten or more years old to scrap their old cars. In this connection, will the Government inform this Council: (a) of the number of private cars which were ten or more years old in Hong Kong when the Scheme was introduced, as well as the current number of such private cars; (b) of the total number of old cars scrapped under the Scheme and the total amount of tax concession offered since the implementation of the Scheme; (c) of the average number of years for which the car owners enjoying such a tax concession had owned the scrapped old cars since the implementation of the Scheme; and (d) how it will assess the effectiveness of the Scheme? Reply: (a) When the Old Cars Scrapping Incentive Scheme was first introduced on June 3, 1996, there were over 43,000 private cars which were ten or more years old in Hong Kong. The current number of such private cars is 56,000 (over 17,500 cars turned ten years old after the implementation of the Scheme). (b) Up to June 30, 1997, a total of 2,404 old private cars were scrapped under the Scheme. First registration tax concession was granted in respect of 1,613 cases with the registration of replacement cars (the entitlement for the tax concession under the Scheme is valid for six months from the date the old car is scrapped). The total tax concession granted amounts to $23,505,000 (on average, $14,600 per car). (c) On average, car owners who had received tax concession under the Scheme had owned the scrapped cars for seven years. (d) Over 2,400 private cars of ten years old or more have been scrapped since the implementation of the Scheme 13 months ago (over 180 per month on average). These cars might not have been scrapped and replaced if there had not been such a scheme. We consider that the Scheme has, to a certain extent, helped to improve air quality on the road by encouraging car owners to scrap and replace their old private cars. No abuse has so far been detected. We will continue to monitor the implementation of the Scheme and assess its effectiveness in the coming year. End 22. Hoisting of the national flag is not a must for schools ******************************************************* Following is a question by the Hon Yeung Yiu-chung and a written reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Legislative Council today (Wednesday): Question: I have received many inquiries from schools about the hoisting of the national flag in schools. In this connection, will the Government inform this Council whether it will formulate any plan to provide suitable facilities and relevant reference materials to facilitate the hoisting of the national flag in schools in the correct manner? Reply: Madam President, At present, there is no legislation nor administrative order which requires schools to hoist the national flag or the regional flag. For matters regarding the hoisting of the national flag or the regional flag, schools may refer to the National Flag and National Emblem Ordinance, the Regional Flag and Regional Emblem Ordinance and the Stipulations for the Display and Use of the National Flag and National Emblem and the Regional Flag and Regional Emblem, or they can approach the Education Department for information. The Educational Television Unit of the Education Department is planning to produce a special TV programme to help primary and secondary students know more about the background and content of our national flag, national emblem, national anthem, regional flag and regional emblem. The programme, scheduled to broadcast in the first term of the 1997-98 school year, will cover matters such as the points to note when hoisting the national flag and the proper manner and rituals to be adopted. The Education Department will also distribute the resource materials of the programme to schools. In case aided schools need to purchase or upgrade equipment for hoisting the national flag or the regional flag, they may apply to the Education Department. The Education Department will render as much assistance as possible in the provision of resources and in other areas. End
