Issued by Hong Kong Special Administrative Region Government Information Services
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Sunday, September 28, 1997 CONTENTS ======== 1. SCA's press statement on passage of Legislative Council Bill 2. HK participates in economic meeting in Chile 3. New Lantau Link lighting colours Scheme 4. Eight groups to raise funds in October 5. HK Post to participate in stamp exhibition 1. SCA's press statement on passage of Legislative Council Bill ********************************************************* The passage of the Legislative Council Bill in the Provisional Legislative Council (PLC) marks an important step in the election of the first SAR legislature as a legal framework for the electoral arrangements is now in place. The Secretary for Constitutional Affairs, Mr Michael Suen, made the remark early this (Sunday) morning as the bill was passed into law after an 18-hour debate in the PLC. "We are now in a position to move forward in preparing for the elections to be held in May next year," Mr Suen continued. However, Mr Suen pointed out that a committee stage amendment concerning the social welfare sector would be difficult to implement. "I made this point very clear during the debate, but PLC members still chose to vote for the amendment. It was adopted after a proper debate and the Administration fully respects the decision of the PLC," Mr Suen said. "We will study the amendment carefully to see how best to take things forward so as to ensure that the election will be open, fair, honest and acceptable to the people of Hong Kong," he said. Mr Suen thanked the members of the Bills Committee for their hard work and the great effort they made in adhering to the SAR Government's tight election timetable. He also thanked Members for passing the large number of amendments which the Administration had proposed, many of which in response to Members' positive suggestions. End 2. HK participates in economic meeting in Chile ******************************************** The following is issued on behalf on the Hong Kong Committee for Pacific Economic Co-operation: Hong Kong will actively participate in the 12th General Meeting of the Pacific Economic Co-operation Council (PECC XII) to be held from September 30 to October 2 in Santiago, Chile. The theme of the PECC XII is "Trans-Pacific Partnership: Implementing Trade and Investment Opportunities". Leading the Hong Kong delegation is the Chairman of the Hong Kong Committee for Pacific Economic Co-operation (HKCPEC), Mr William Fung, who is the Group Managing Director of Li & Fung Limited. The Vice-chairman of the HKCPEC and Deputy Secretary for Trade and Industry, Mr Tam Wing-pong, will speak at a special panel session entitled "Hong Kong: Three Months After Reunification". On the same panel are the Chairman of Prudential Asia Investments Ltd, Dr Victor Fung; the Chairman and CEO of Gold Peak Industries (Holdings) Ltd, Mr Victor Lo; and Sun Hung Kai Properties Visiting Professor, School of Business of the University of Hong Kong, Professor Michael J. Enright. Other speakers from Hong Kong at PECC XII include Managing Director of Hopewell Holdings Ltd, Sir Gordon Wu; and the Director of the School of Business of the University of Hong Kong, Professor Richard Wong. Also attending the meeting will be the Secretary General of the HKCPEC and Assistant Director-General of Trade, Miss Adeline Wong, as well as 14 other members from the business, academic and government sectors. The PECC XII will be preceded by a Standing Committee meeting to be held tomorrow (Monday), and a Co- ordinating Group meeting today which discusses the policy issues and determines the work program of the PECC respectively. PECC is a non-governmental organisation set up in 1980 with the purpose of developing closer co-operation among economies in the region in trade and economic policy issues. Currently, PECC has a membership of 22 member committees representing the economies of Australia; Brunei Darussalam; Canada; Chile; China; Columbia; Hong Kong, China; Indonesia; Japan; South Korea; Malaysia; Mexico; New Zealand; Peru; the Philippines; Russia; Singapore; Chinese Taipei; Thailand; the United States; the Pacific Island Nations and Vietnam. The two institutional members are the Pacific Trade and Development Conference (PAFTAD) and Pacific Basin Economic Council (PBEC). France (South Pacific Territories) joined as an associate member in April 1997. Hong Kong became a member of the PECC in May 1991. End 3. New Lantau Link lighting colours Scheme *************************************** A new lighting colour scheme for the Lantau Link will be adopted from tomorrow (Monday) to October 7 (Friday) during the National Day period. The lighting scheme is a happy explosion of highly saturated party colours featuring magenta, white, and blue. The Lantau Link is normally illuminated at night by deep blue, cyan and white, symbolising the vitality and mobility of Hong Kong. A variety of lighting colour schemes will be used in different seasons to create a visual impact in tune with the mood at different times of the year. The operating hours of the lighting will be extended on September 30 (Tuesday) and October 1 (Wednesday) from 7 pm to 1 am. Normally the lighting is operating from 8 pm to 10 pm from Sunday to Friday and from 7 pm to 12 midnight on Saturday and the day before public holidays. Meanwhile, the opening hours of the Lantau Link Visitors Centre will also be extended during the National Day holidays. From September 30 (Tuesday) to October 2 (Thursday), the centre will be open from 10 am to 9 pm. Normally it is closed at 5 pm on weekdays. The operating hours of the bus route 243R running from Lai Chi Kok MTR Station in Cheung Sha Wan to the centre will also be extended on these three days. The last bus will leave Cheung Sha Wan at 8 pm and the centre at 9.30 pm. Since its opening on August 29 this year, the visitors centre and the adjacent viewing platform have attracted more than 90,000 visitors. The centre, set up by the New Airport Projects Co- ordination Office, is located at North West Tsing Yi Interchange. On display are models and photographs as well as samples of materials, such as cables and bolts, used in the construction of the Lantau Link. The viewing platform provides a magnificent view of the Tsing Ma Bridge. End 4. Eight groups to raise funds in October ************************************** Eight organisations have been granted permission to raise funds for charitable purposes next month (October), a spokesman for the Social Welfare Department said today (Sunday). They will either sell flags, tokens or similar items, or place donation boxes in designated public places. Members of the public can call the Department's hotline 2343 2255 in case of doubt. Any organisation planning to hold activities involving collection of money or sale or exchange for donation of badges, tokens or similar articles in a public place for charitable purposes should apply for a public subscription permit from the Social Welfare Department. The spokesman appealed to organisers to take precautions against any possible fraud. "Sellers should display the permit or carry copies of the permit for inspection upon request if the fund- raising is mobile," he said. The spokesman also advised them to prepare guidelines for sellers, setting out the places and the times for selling and the collection points for bags. "Organisers should inform the Police in case of loss of property, and seek their help when fraudulent acts, such as tampering of collection bags or making unauthorised selling, are found," he added. Permits are given to the following organisations for raising funds next month: Flag Day Event Date Organisation October 4 Tung Wah Group of Hospitals October 11 The Society of Homes for the Handicapped October 18 Evangel Hospital October 25 Yang Memorial Methodist Social Service Public Subscription Event Day Organisation October 5 Hong Kong AIDS Foundation Ltd. October 5 Yan Oi Tong Ltd. October 5, 12, Jesus is Lord School of Ministry 19 & 26 (HK) Ltd. October 13 & 14 Senior Citizen Home Safety Association End 5. HK Post to participate in stamp exhibition ****************************************** The Postmaster General, Mr Robert Footman, announced today (Sunday) that Hongkong Post will participate in the Commercial Press Centenary Celebrations Stamp Exhibition to be held at the Sha Tin Town Hall from September 30 to October 5. The opening hours of the stamp exhibition are from 10 am to 7 pm from September 30 to October 4 and from 10 am to 6 pm on October 5. Hongkong Post will display the running proofs of the "1997 World Bank Group/International Monetary Fund Annual Meetings" stamps at the venue. No special products will be issued on this occasion but a cachet will be introduced during the six-day exhibition for general cancellation purpose. Hongkong Post will occupy booth No. 13 in the exhibition venue and perform general cancellation but conduct no sales. End Saturday, September 27 and Sunday, September 28, 1997 Provisional Legislative Council Meeting Supplement CONTENTS ======== 1. Technical Memorandum endorsed after full consultation 2. Fees specified in the Births and Deaths Registration Ordinance revised 3. Fees specified in the Legitimacy Ordinance revised 4. No objective criteria for "poverty" 5. Personal Data (Privacy) Ordinance 6. Portable CSSA Scheme 7. HK-Guangdong Environmental Protection Liaison Group 8. Issuance of bank notes 9. Regulation of disco operation 10. Pedestrian footbridges at busy roads 11. Opening date of new airport 12. School premises should be kept safe at all times 13. Standing space for coaches at tourist spots 14. Complaints against taxis 15. Govt departments in seeking ISO 9000 accreditation 16. Land lease requirement for building pedestrian crossing 17. Compulsory school building inspection under consultation 18. Govt stores purchased by former Governor 19. Legislative timetable of MPF System 20. HK's participation in Asian Productivity Organisation 21. Eligibility of children of CSSA recipient parents 22. Most students admitted to school within their residing net 1. Technical Memorandum endorsed after full consultation ***************************************************** Following is the speech by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in moving the motion on the Building Ordinance in the Provisional Legislative Council today (Sunday): Madam President, I move the motion standing in my name on the Order Paper. I am grateful to Madam President for her agreement to dispense with the requirement prescribed in Rule 29 of the Rules of Procedure to enable me to move this motion. The Buildings (Amendment) Ordinance 1996 was enacted on 18 July 1996, in response to public concerns over the safety of building sites and the amount of supervision given to the construction and demolition process of buildings by professionals and contractors. The Ordinance requires, among other things, the lodging of supervision plans by Authorised Persons with the Building Authority, failing which consent for commencement of building works or street works may not be given. The Ordinance also requires a Technical Memorandum to be prepared to prescribe the details to be contained in the supervision plans. To prepare the Technical Memorandum, the Director of Buildings commissioned a consultant to work under the guidance of a steering group. Apart from senior staff of the Buildings Department, the steering group comprised 13 representatives from the building industry and all the relevant professional bodies. Its task is to ensure that the requirements included in the Technical Memorandum should be adequate, essential and practicable. The steering group has met eight times since March 1997 to complete its assignment. When the draft Technical Memorandum was available, the Director of Buildings then consulted the Authorized Persons and Structural Engineers Committee and the Building Sub- committee of the Land and Building Advisory Committee beginning May 1997. The two committees include representatives from the Hong Kong Institute of Architects, the Hong Kong Institution of Engineers, the Hong Kong Institute of Surveyors, the Real Estate Developers Association of Hong Kong and the Hong Kong Construction Association Limited. Four joint meetings were held by the two committees to discuss the draft Technical Memorandum. At the joint meeting held on 18 July 1997, they endorsed, among other things, Table 1 "Minimum Requirements for Different Classes of Supervision" of the Technical Memorandum. The Director of Buildings also consulted the full Land and Building Advisory Committee (on which the Hong Kong Construction Association Limited, the Real Estate Developers Association of Hong Kong, and the relevant professional bodies are represented) on the draft Technical Memorandum. The Committee held two meetings to discuss details of the draft in May and August 1997. On 4 August 1997, the full Land and Building Advisory Committee endorsed the Technical Memorandum. The Administration then gazetted the Technical Memorandum as endorsed by the committees on 29 August 1997 and introduced into this Council on 3 September 1997. The House Committee of this Council has formed a subcommittee to study the Technical Memorandum. I would take this opportunity to thank the Hon Edward Ho, Chairman of the subcommittee, and other members of the subcommittee for their examination of the Technical Memorandum.7. The subcommittee has received some comments from the Hong Kong Construction Association Limited, the Real Estate Developers Association of Hong Kong, and the relevant professional bodies on the Technical Memorandum. However, these are largely the same as the views they previously raised when the Administration consulted them. Their concerns had been thoroughly discussed and resolved at the four joint meetings of the two committees as well as the full Land and Building Advisory Committee meeting held on 4 August 1997, which resulted in these committees endorsing the Technical Memorandum as gazetted. We have explained to the subcommittee our responses to the concerns raised. I am grateful that the subcommittee is content with our responses. The Administration also shares HKIE's concern about the minimum inspection requirements specified in Table 1 of the Technical Memorandum, namely, the requirements may be misinterpreted as "minimum but adequate frequency" of site inspection. The Administration's intention has always been to include in the Code of Practice for Supervision Plans enhanced inspection requirements for critical stages of building works. To allay HKIE's concern, we have agreed to add a note to Table 1 to this effect, which is what my motion intends to achieve. Both the subcommittee and HKIE have agreed to the wording of the note. Madam President, I beg to move. End 2. Fees specified in the Births and Deaths Registration Ordinance revised ********************************************************* Following is the speech by the Secretary for Security, Mr Peter Lai, in moving the motion to revise the fees and charges specified in the Births and Deaths Registration Ordinance in the Provisional Legislative Council today (Sunday): Madam President, I move the first motion which has been printed on the Agenda. This motion proposes increases in the fees specified in the Births and Deaths Registration Ordinance for the registration of births and deaths and related matters. Notices of this and the following motions were first submitted to this Council for moving at the sitting on 27 August 1997. I subsequently withdrew these notices to better synchronise the timing of the introduction of these motions with that for other related fees revision proposals, which have since been tabled before this Council in the form of subsidiary legislation on 10 September for negative procedures. Moving of the two motions has therefore been postponed to today. A recent review of fees and charges conducted by the Immigration Department indicates that there are four areas in the services delivered by the Department for which there is under-recovery of cost. These are: registration of persons services, where the average shortfall is about 6%; registration of births, deaths and marriages, where the average shortfall is about 13%; issue of visas, where the average shortfall is about 14%; and issue of non-passport travel documents, where the average shortfall is about 8%. It is the Government's policy that fees and charges should in general be set at levels sufficient to recover the full cost of providing the services to which they relate. Over the past years, we have been seeking to recover the full cost of Immigration Department's services by phases. Most of the fees covered in this exercise were last revised in July 1996. For the current revision exercise, we propose to revise the fees by 7% to 17% to achieve full-cost recovery. Details of all the fee increases have been tabled in this Council on 10 September 1997. We had originally intended to go through the necessary legislative procedures to implement the latest fees revision in July 1997. Due to the heavy agenda of the Provisional Legislative Council during the period immediately following the transition, the fee revision exercise was slightly postponed. However, we do not propose to further defer this exercise because fees and charges are important sources of revenue, representing about 10% of general revenue. We have prepared our annual estimates assuming the additional revenue to be generated by the fee increases. It is thus essential to give effect to these increases in order to avoid shortfall. If the fee revisions for Immigration Department are not implemented, the annual revenue forgone is estimated be about $71.3 million. The revision next year could then entail an even larger percentage increase, which would make it less acceptable to the public. The current and the subsequent motions are concerned with fees for the registration of births and deaths. In order to soften the impact of fee increases, the last revision sought to recover only 89% of the cost of these services. We propose to revise the fees this time by 15%. As the actual increases in dollar terms range from $10 to $90 only, the revision should have little impact on the general public. If approved, the new fees will be implemented on 31 October this year. Thank you, Madam President. End 3. Fees specified in the Legitimacy Ordinance revised ************************************************** Following is the speech by the Secretary for Security, Mr Peter Lai, in moving the motion to revise the fees and charges specified in the Legitimacy Ordinance in the Provisional Legislative Council today (Sunday): Madam President, I move the second motion which has been printed on the Agenda. It seeks to increase the fees specified in the Schedule to the Legitimacy Ordinance. I have already explained the background to this motion in my speech moving the previous motion. The Legitimacy Ordinance provides for the re- registration of the birth of legitimated persons. Fees collected relate to the re-registration of births and the issue of certified copies of entries of the birth of legitimated persons. The fees were last revised to recover only 89% of the cost in July 1996. It is now proposed to achieve full-cost recovery by revising the fees from $295 to $340 for re-registration of births, and from $120 to $140 for a certified copy of an entry of the birth in the register of births. Thank you, Madam President. End 4. No objective criteria for "poverty" *********************************** Following is a question by the Hon Hui Yin-fat and a reply by the Secretary for Financial Services, Mr Rafael Hui, in the Provisional Legislative Council today (Saturday): Question : It is learnt that a research report published earlier by the World Bank indicated that the number of people living in poverty in Hong Kong is less than 1% of the total population in the territory. However, based on information released by the Census and Statistics Department, some academics found that there were 390 000 people in the local labour force whose income was below half of the median wage last year, representing an increase of 63% over that of 1993 when the number stood at 240 000. Yet the growth of population over the same period was just 7%. In this connection, will the Government inform this Council: (a) whether it knows of the criteria adopted by the World Bank in estimating the population living in poverty in Hong Kong; (b) whether it has provided the World Bank or other international organizations with information on the issue of poverty in Hong Kong; if so, what criteria it has adopted in measuring poverty; (c) of the reasons for the increase in the labour force earning less than half of the median wage at a rate faster than the growth of the local population; (d) whether it has any strategies in place to curb the sustained increase of low-income earners at a rate faster than the growth of the local population; if not, why not; and (e) whether it will consider adopting half of the median wage as the basis for setting the poverty line, and whether any policies for assisting the poor will be formulated accordingly with a view to reducing the growing disparity between the rich and the poor in recent years; if not, why not? Reply : In regard to the questions raised by the Hon. Member on a poverty research report published by the World Bank recently, my answers are as follows: (a) The poverty research report published by the World Bank recently did not provide an estimate of the population living in poverty in Hong Kong. One of the key tasks of the World Bank is to monitor the living conditions of individual countries and regions in the international community and to decide whether these regions suffer acute poverty and need financial assistance from the World Bank to bring them out of poverty at a faster pace. Therefore, the World Bank uses the basic needs in life as the criteria to measure poverty. The purpose is to ensure the best use of limited resources to help poor countries most in need of assistance. For this reason, the World Bank uses low income countries as the basis to measure poverty. The seriousness of poverty in a region is assessed by the per person daily expenditure of US$1 or below, regardless of the person is employed or not. This standard was set at constant 1985 prices to facilitate comparison within the international community at different times, taking into account of the fact that the situation and the daily basic needs of the people among individual countries or regions are not the same. The World Bank research report concludes that poverty has essentially been eradicated in Hong Kong. In the international community, "poverty" often refers to "abject poverty", i.e. lack of basic foodstuffs, drinking water and shelter. We commonly describe this as "having nothing to eat" and "having no roof to live under". The above situation does not exist in Hong Kong. (b) We have not provided the World Bank or other international organisations with information on the issue of poverty. However, statistical information on employment, income, etc. of the Hong Kong people is included in statistical reports regularly released by the Census and Statistics Department. Many international organisations including the World Bank make use of such information for various analyses and the compilation of related statistics. (c) The median wage mentioned in the question, I think, refers to the median employment earnings of the labour force in the General Household Survey. As for the reasons behind the faster increase in the labour force earning less than half of the median employment earnings than the overall population growth in the period 1993 to 1996, my analysis is as follows. The first and foremost reason is the continued structural transformation of the local economy, shifting from manufacturing-based to services-oriented. As a result, there is a great increase in demand for professionals as well as management personnel, leading to a greater income growth to those with higher income. Meanwhile, the income growth of the non- professionals, especially those who remained in the slow developing or the shrinking industries, is comparatively smaller. Secondly, in 1996 among the employed workforce, there were approximately 336 000 people whose income was below half of the median employment earnings. The corresponding number of people in 1993 was 222 000. Among them, nearly half were foreign domestic helpers. In recent years, as more women join the workforce and need to employ foreign domestic helpers to help them with their household work, the number of foreign domestic helpers had increased continuously from 112 000 in 1993 to 154 000 in 1996. Thirdly, the annual growth rate of the labour force has increased to an average of 2.7% since 1993. Apart from the increase in the number of new arrivals from the Mainland, more trained youths have also entered the labour market as a result of the continuous expansion in education and vocational training in recent years to cope with the economic development and restructuring in Hong Kong. However, these new entrants in the labour market, including young graduates and new arrivals, normally start at lower salary points due to the lack of experience. (d) Hong Kong is a free economy with no employment restrictions or barriers. Any administrative intervention by the Government would only lead to distortion of market operation, disruption of the principle of free and fair competition and hindrance to the long term development of the economy. As I have just mentioned, the local labour force has shown a rapid growth recently and, in most cases, those first time job-seekers start with low salaries. However, after a period of time, their income will move upwards. In every society, sustained economic growth is the single most important element for improvements in income and standard of living. Experience has repeatedly prove that investment in human resources is the most effective way in defeating poverty and narrowing income disparity. Meanwhile, the labour market has to be highly flexible to ensure equality. With fair and open competition, every one will be encouraged to do his best. One of the characteristics of Hong Kong is fast economic growth with ample employment opportunities. All of us can, through our own abilities and efforts, earn higher income, improve our living standard and move to the higher income group. On the other hand, the Government, through the provision of subsidized education, vocational training and retraining, help workers to change jobs or take up new employment, enabling them to improve their earnings and living standard, thus narrowing the income disparities among workers in different industries. (e) Whether half of the median wage or half of the median household income or any other criteria is adopted for setting the poverty line, they are all based on the concept of "relative poverty". Under this concept, even in the most affluent society in the world, there will be a group of people regarded as poor or relatively poor. With the continued economic growth and increase in total employment, median wage and median household income will increase accordingly, resulting in the constant upward shifting of the so-called "poverty line". For this reason, many people whose living standards are not that low will still be considered poor. Over the past ten years, the median employment earnings of the local labour force increased from $2,930 in 1986 to $9,960 in 1996. The growth in nominal terms was about 240% and the growth in real terms after discounting inflation still stood at 51%. The median household income has similar growth both in nominal and real terms, rising from $5,160 in 1986 to $17,500 in 1996. The above comparison clearly indicates that the income of the local population is increasing, reflecting continuous growth of the Hong Kong economy. However, the income of some people increases at a rate faster than others. This phenomenon is usually found when an economy experiences continuous growth and rapid structural transformation, especially in rapidly expanding industries where the income of workers generally grows at a rate faster than their counterparts in other industries, thus widening the income difference and also pushing up the level of median income. The most essential point is that the household income of each and every income group has increased. Therefore, it is not appropriate to use the concept of "relative poverty" to set the poverty line. As the income level is increasing and also because of the high social mobility, quite a lot of households in Hong Kong have gradually moved to the higher income group. For example, in 1986, 69% of the population in Hong Kong had a household income of over HK$8,000, and in 1996, this ratio increased to 83.5%, meaning that the proportion of local households with a monthly income of less than HK$8,000 had reduced from 31% to 16.5%. Furthermore, it is not really meaningful to compare the constantly moving median earnings levels with one another. The purchasing power of $1 ten years ago is of course much stronger than that of today. To make a reasonable comparison between two earnings of different periods, we must first select a reference year as the basis for comparison, and then adjust the earnings of the other year to an equivalent value according to the prevailing inflation rate before making the comparison. Only then could the change in the distribution of earnings be appropriately reflected. For example, half of the median employment earnings of 1986 was $1,466. In terms of purchasing power (i.e. adjusted to include inflation), this amount should equal to $3,309 in 1996. Thus there was only 4% of the employed workforce whose employment earnings was below this level, far below the 9.2% in 1986. Similarly, half of the median employment earnings in 1996 was $4,980. After adjustment for inflation, this amount should equal to $2,206 in 1986, and there was about 29% of the employed workforce whose employment earnings was below this level at that time. The corresponding rate in 1996 was 11%. At present, there is no universally accepted definition or objective criteria for "poverty". An arbitrary definition of "poverty" would only be subjective. It would also be meaningless and controversial. On the other hand, a loose definition would affect the allocation of resources to help the poor, reducing the resources available to help those most in need. Therefore, instead of debating on the basis for setting the poverty line, I think we should continue to implement Government's on-going policies for helping the poor and providing assistance for those in need in the community. Various social services and facilities such as free or subsidized education, public rental housing, free medical care and social security assistance scheme etc. are provided by the Government for those who are in need. They aim at improving and raising their standard of living. Finally, President, I would like to point out that it is partial to analyse poverty or income distribution solely by wages or salaries without taking into account of the intangible income derived from Government's spending on housing, health and education. This would only under- estimate the economic effectiveness of welfare services on improving household income and its distribution. Taking these benefits into account, the total income of the "low income group" is actually higher than what the figures show. Thank you, President. End 5. Personal Data (Privacy) Ordinance ********************************* Following is a question by the Hon Cheng Kai-nam and a reply by the Secretary for Home Affairs, Mr David Lan, in the Provisional Legislative Council today (Saturday): Question: The death of Diana, Princess of Wales of Britain, has aroused public concern in Hong Kong about news-covering by the media and the protection of personal privacy. Regarding the provision relating to "news" in section 61 of the Personal Data (Privacy) Ordinance (Cap. 486), will the Government inform this Council : (a) whether it will, for the sake of balancing the public's right to know and the protection of personal privacy, review the effectiveness of the provision in protecting members of the public from intrusion to their privacy (e.g. its effectiveness in restricting such acts as secret videotaping, bugging or trailing) and whether the provision needs any amendment in this regard; and (b) whether it will give a precise, clear and reasonable interpretation to the expression "in the public interest" used therein? Reply: Madam President: First of all, allow me to state in general terms that the Personal Data (Privacy) Ordinance ("PDPO") regulates the collection, use, accuracy and security of personal data with a view to protecting the individual's rights to privacy in respect of such data. On the other hand, the discussions generated by Princess Diana's case focus on the way in which reporters collect the personal data of celebrities, for example taking photographs of their activities. Section 61 of the PDPO applies to news activities but is not directly relevant to the collection of personal data. To strike a balance between the right to freedom of expression (which includes the freedom to seek, receive and impart information) and the individual's privacy rights, section 61 contains two exemption provisions applicable to news activities. First, under the PDPO, an individual (the data subject) has a right to ask a data user whether the latter holds any personal data on him and if so, to obtain a copy of the data. Section 61, however, provides that where personal data are collected by a news organisation solely for the purpose of news activities, the organisation has no legal obligation, until it has published or broadcast the data, to comply with a data subject's request for copies of the data. Second, under a data protection principle (Principle 3) enshrined in the PDPO, a data user shall not, without the consent of the data subject, uses any personal data for a purpose not directly related to the original purpose of collecting the data. Section 61 provides that the principle does not apply to a case where a person discloses personal data to a news organisation if he reasonably believes that the publishing or broadcast of the data is in the public interest. My replies to the specific questions raised by Hon. Cheng Kai-nam are as follows. (a) As explained above, section 61 has nothing to do with collection of personal data. There is nothing to suggest that it needs to be amended in order to deal with acts of surveillance. Acts of surveillance (such as videotaping, bugging or trailing) may, but do not necessarily, amount to the collection of personal data. Where they do (e.g. they result in the production of media reports, video footage or photographs of individuals from which it is practicable to identify the individuals concerned), they are subject to regulation under Data Protection Principle 1 of the PDPO, which requires the means of collection to be lawful and fair in the circumstances of the case. The PDPO seeks to protect the individual's privacy rights in respect of personal data only. It is not the purpose of the PDPO to protect other privacy rights not related to personal data. As regards intrusion into privacy through acts of surveillance, the Privacy Sub-committee of the Law Reform Commission is conducting a review on the laws regulating surveillance to see whether there is a need for additional legislation to protect members of the public against such acts. The LRC's report on the review will probably be published by the end of this year. (b) The term "public interest" used in section 61 is not defined in the PDPO. There are, however, judicial rulings on the meaning of the term in other legal contexts, which are available for guidance in applying section 61 to particular cases. Hence, it does not appear to be necessary to introduce a definition of the term into the PDPO. Neither would this appear to be desirable in view of the need to cater for widely differing circumstances. End 6. Portable CSSA Scheme ******************** The following is a question by the Hon Chan Kam-lam and a reply by the Secretary for Health and Welfare, Mrs Katherine Fok, in the Provisional Legislative Council today (Saturday): Question : Regarding the "Portable Comprehensive Social Security Assistance Scheme" implemented since April this year, will the Government inform this Council : (a) of the respective numbers of applications received and approved as well as the number of people who have settled in Guangdong Province under the Scheme since its implementation; (b) of these elderly people's major places of settlement in Guangdong Province; (c) apart from the follow-up action taken by the Red Cross on the cases of these elderly people, whether it has undertaken other follow-up measures; if so, what the details are; if not, what the reasons are; (d) whether it has supervised the work of the Red Cross in this respect; if so, what the specific actions are; (e) whether it has plans to establish direct links with the civil administration departments in the Mainland for the purpose of following up the Scheme; if so, what the specific plans are; (f) when a comprehensive review of the Scheme will be conducted; and (g) whether it will consider extending the Scheme to other provinces? Reply : Madam President, (a) As at 20 September 1997, we have received 474 applications since the implementation of the Portable Comprehensive Social Security Assistance (PCSSA) Scheme. 352 applications have been approved and 309 beneficiaries of the scheme have already settled in Guangdong. (b) The major places of settlement are Guangzhou, Jiangmen, Foshan and Dongguan. (c) In the capacity of SWD's agent, the Hong Kong Red Cross (HKRC)'s main duty is to liaise with the elderly PCSSA recipients living in Guangdong to ensure they receive their correct entitlement. It also handles enquiries from and relevant information of PCSSA recipients. Where appropriate, it will refer the enquiries to SWD for follow- up action. The Red Cross also provides an escort service for those recipients who have a genuine need to return to Hong Kong but who are unable to make the arrangements on their own. With HKRC acting as the bridge between SWD and PCSSA recipients residing in Guangdong, SWD will take appropriate follow-up action, for example, extension, re-assessment or termination of payment, updating of administrative records, handling of clients' enquiries and requests etc, as and when necessary. (d) SWD monitors closely the work of HKRC to ensure that it fulfils its contractual obligations. To perform its duties, HKRC is required to adhere to procedural guidelines and standards laid down by SWD, and to report to SWD regularly on the details of its work. All work undertaken on individual cases is carefully vetted by social security field units to ensure compliance with the operational requirements. As part of the monitoring system, SWD holds monthly meetings with HKRC to check the progress of its work, to discuss any problems it has encountered, and to ensure that it has discharged its duties to SWD's satisfaction. Ad hoc meetings and discussions are also held as and when necessary. (e) A delegation headed by the Director of Social Welfare visited Guangdong on 24 - 25 September 1997. The main purpose of the visit was to brief the Guangdong Civil Affairs Department on the arrangements for the PCSSA Scheme and to exchange information relevant to the scheme. (f) We will review the arrangements one year after implementation of the scheme. (g) In the light of actual experience and after conducting the review, we will consider the implications and feasibility of extending the scheme to other provinces on the Mainland. End 7. HK-Guangdong Environmental Protection Liaison Group *************************************************** The following is a question by the Hon Paul Cheng and a reply given by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Provisional Legislative Council today (Saturday): Question : It is understood that the Guangdong and Hong Kong Environmental Protection Liaison Group, together with its technical subgroup, was set up in 1990. Given that the number of pollution-related respiratory illnesses is on the rise (the annual fatality rate is reportedly reaching 1000), will the Government inform this Council of: (a) the composition of the Liaison Group as well as the number of meetings it has held since inception; (b) the achievements of the Liaison Group in the past seven years; and (c) the reasons for the Liaison Group taking so long before it could decide at its meeting in December 1996 to set up a study group on air pollution in the Pearl River Delta Region? Reply: Madam President, (a) The Hong Kong-Guangdong Environmental Protection Liaison Group (EPLG) was set up in 1990 to enhance the cooperation and coordination between Hong Kong and Guangdong on environmental management and pollution control efforts in areas of mutual concern. The Hong Kong delegation is headed by the Secretary for Planning, Environment and Lands and its members include : * Director of Environmental Protection; * Director of Agriculture and Fisheries; * Director of Planning; and * Director of Drainage Services. The Guangdong delegation is headed by the Director of Environmental Protection Bureau of Guangdong Province and its members include : * Vice Chairman of Construction Committee of Guangdong Province; * Deputy Director of Guangdong Provincial Oceanic and Aquatic Bureau; * Deputy Secretary-General of People's Government of Shenzhen; * Director of Environmental Protection Bureau of Shenzhen; * Director of South China Sea Branch of State Oceanic Administration; and * Deputy Division Chief, Hong Kong and Macau Affairs Division, Office of Foreign Affairs, the People's Government of Guangdong Province. Seven plenary meetings have been held since the inception of the Liaison Group. The Liaison Group has also set up a Technical Sub-group to deal with various issues in detail. So far nine meetings of the Sub-group have been held. Experts of both sides also meet once every two months. (b) The Liaison Group and its Technical Sub-group (TSG) have discussed and carried out studies on a wide range of environmental issues, and organised quite a number of visits, workshops and seminars. These have provided good opportunities for both sides to learn more of each other's systems and to exchange views on specific topics. Some of the major achievements include : (i) Designating Deep Bay as the highest priority area requiring protective conservation actions from both sides. An environmental management and action plan for managing the environmental quality in Deep Bay was formulated in 1992. Under the action plan, the Liaison Group has completed a joint monitoring study on the air and water quality in 1995 and has commissioned a study on Water Quality Management to confirm Deep Bay's dispersive and self-assimilative capacity and to develop a water quality model for the long term strategic development of the Deep Bay Catchment Area. The study is scheduled for completion in January 1998. A system to exchange monitoring data and environmental information for major development projects around Deep Bay has also been established. 12 EIA reports (seven from the Hong Kong side and five from the Guangdong side) have so far been exchanged and further exchange of information on priority projects is on-going; (ii) Commencing a study on environmental protection of Mirs Bay in 1996. The study is scheduled for completion by the end of 1997, and has already identified various environmental issues which would affect the ecological importance of Mirs Bay, namely the Yantian port development, the future increase in population/recreational/industrial developments around Mirs Bay and the economic activities associated with the nearby fish culture zones. The study would take these into account in developing a joint environmental management strategy and action plan for the area; (iii) Setting up study group on the conservation and protection of Chinese White Dolphins. The aim is to develop a joint conservation plan covering Hong Kong and Pearl River Estuary areas; (iv) Agreeing to form a study group to exchange information and findings of previous studies on air quality in the Pearl River Delta Region and discuss the planning for future joint studies. A preparatory meeting was held in July this year to exchange such information and to discuss the boundary of the study areas and the pollution issues to be investigated. (v) Enhancing the exchange of information and discussion on transboundary movement of waste. (c) The Liaison Group has in fact been addressing various air pollution issues affecting the Pearl River Delta since its inception in 1990, notably the detailed studies on air quality of specific areas close to the border area in the context of the environmental management and action plans for Deep Bay and Mirs Bay. Studying the air quality in the entire Pearl River Delta is a much more ambitious project, and the Liaison Group needs time to gather the necessary information and experience before it can embark on a much bigger venture. End 8. Issuance of bank notes ********************** Following is a question by the Hon Law Cheung-kwok and a reply by the Secretary for Financial Services, Mr Rafael Hui, in the Provisional Legislative Council today (Saturday): Question: With regard to the bank notes issued by the Hong Kong and Shanghai Banking Corporation (the Hongkong Bank), the Standard Chartered Bank and the Bank of China, will the Government inform this Council : (a) whether it has any specific stipulations on the design and security design of bank notes; if so, what the details are; (b) given that Hong Kong has become the Special Administrative Region of the People's Republic of China since 1 July this year, whether the Government has required the three banks to print the words "the Hong Kong Special Administrative Region" and the regional emblem on the new bank notes issued on or after that date; if not, why not; and (c) whether the design of the new bank notes issued by the Standard Chartered Bank is in breach of any legislation as well as any relevant stipulations, as it does not carry the term "Hong Kong dollars" in English and Chinese, which is at variance with the practice adopted by the Hongkong Bank and the Bank of China; if not, why not ? Reply: (a) The Legal Tender Notes Issue Ordinance regulates the issue of Hong Kong dollar denominated bank notes. Under section 3(2) of the Ordinance, the Financial Secretary may, with the approval of the Chief Executive in Council, by notice in writing authorize a bank to issue bank notes subject to prescribed terms and conditions including the design. For the purpose of this Ordinance, the design includes pattern, words or characters and security features appearing on the bank notes. Note-issuing banks are required to obtain the approval for any change of the design of their bank notes. All bank notes issued by the three note-issuing banks have common security and design features which adhere to the best international practices. For security reasons, details of these features are confidential. (b) The Government has not asked the note-issuing banks to change the design of their bank notes because of the establishment of the Hong Kong Special Administrative Region. The current bank notes bear neutral designs which are widely recognized and accepted by the public in Hong Kong and internationally. They bear the necessary features that render them effective legal tender bank notes. We therefore have no plan to change the current designs of bank notes at present under circulation. (c) The Government does not consider the absence of the words "Hong Kong Dollars" on bank notes issued by the Standard Chartered Bank a violation of the existing law relating to the issue of bank notes. There is no explicit provision under the Legal Tender Notes Issue Ordinance that the words "Hong Kong Dollars" should appear on the bank notes issued by note-issuing banks. However, it is self- evident that these bank notes must be denominated in Hong Kong dollars by virtue of section 4 of the Ordinance which says "every such note shall be deemed to be the currency of Hong Kong for the purpose of any promise to pay printed thereon." As such, it is not necessary to specify that the bank notes are denominated in Hong Kong dollars. In fact, as bank notes are promissory notes, the most important point is that the note-issuing bank has clearly stated the bank's promise to pay on the bank notes. A promissory note is defined by section 89(1) of the Bills of Exchange Ordinance as an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer. While past and present bank notes issued by the Standard Chartered Bank do not bear the words "Hong Kong Dollars", they all bear the suitable terms to underline and emphasize such contractual obligation on the part of the note-issuing bank, as a promissory note issuer, to pay the bearer of the note the value denoted on the note in Hong Kong dollars on demand at the bank's office in Hong Kong. Inclusion of such terms hence satisfies the statutory criteria for being promissory notes. Furthermore, when the Financial Secretary authorizes a bank to issue bank notes under the Legal Tender Notes Issue Ordinance, he has only authorized the bank to pay in Hong Kong dollars. It is therefore not necessary to repeat the currency denomination. This practice is not uncommon internationally. For example, there is no specific currency denomination denoted on US dollar notes. Thank you, President. End 9. Regulation of disco operation ***************************** The following is a question by the Hon Selina Chow and a written reply by the Secretary for Broadcasting, Culture and Sport, Mr Chau Tak-hay, at the Provisional Legislative Council today (Saturday) : Question : Recently, two discos in the Yau Tsim district were found to have unlawfully accommodated more customers than what their licences permitted. One of the discos, which only had a permitted capacity of 199, was reported by the Police as accommodating more than 800 people. In this connection, will the Government inform this Council of: (a) the total number of cases where discos were found to have accommodated customers beyond their permitted capacity in the past three years, and whether any discos have been prosecuted by the authorities concerned for such breach; if so, the number of such prosecutions and the penalties in the convicted cases; and (b) the present system for regulating the operation of discos, and whether the policing of discos will be stepped up? Reply : Madam President, I am replying on behalf of the Provisional Regional Council and the Provisional Urban Council. There is no specific licensing scheme for discotheques (discos). At present, discos which serve liquor are required to obtain a restaurant licence and a liquor licence endorsed with approval for dancing. They are subject to the same form of licensing control as restaurant/liquor-selling premises with respect to health, building and fire safety issues. Previously, as holders of a liquor licence endorsed with approval for dancing, disco operators were required to undertake to ensure that the number of persons on the premises at any time did not exceed the limit prescribed by the Buildings Department. Enforcement action against any breach of this undertaking was, however, difficult as it did not form part of the liquor licence. No prosecution action has therefore been taken against discos found in breach of the undertaking on capacity limit in the past three years. Following the recent enactment of Section 6A(6A) of the Dutiable Commodities Ordinance (Cap. 109) empowering the Municipal Councils to determine conditions to liquor licences as they think fit, the Liquor Licensing Boards have imposed, as one of the conditions, capacity limit on liquor selling premises with dancing facilities. Failure to comply with this condition is an offence liable on conviction to a maximum fine of $100,000 and 1 year imprisonment. In addition, the respective Liquor Licensing Board may, upon receipt of proof that such an offence has been committed, revoke or suspend the offender's liquor licence. The Police have, in August and September 1997, issued a total of nine summonses to three discos for breaching the capacity condition. Hearings on these cases will soon take place. To ensure compliance with hygiene, fire safety and capacity conditions stipulated in their licences, discos are subject to regular inspections by the two Regional Services Department, Urban Services Department, Fire Services Department and the Police. The relevant authorities will closely monitor the effectiveness of these inspections and consider stepping up such measures as and when necessary. End 10. Pedestrian footbridges at busy roads ************************************ Following is a question by the Hon Tsang Yok-sing and a written reply by the Acting Secretary for Transport, Mr Kevin Ho, in the Provisional Legislative Council today (Saturday): Question : Regarding the serious traffic accidents which recently occurred in Central and Mongkok respectively resulting in heavy casualties, will the Government inform this Council: (a) whether it has any plans to assess roads with heavy traffic and pedestrian flows in Hong Kong, for the purpose of constructing pedestrian footbridges at junctions with a high degree of potential danger, so as to ease traffic pressure on the roads; if so, what the details are; and (b) whether it will consider installing more cameras at busy road junctions to deter drivers from disobeying traffic signals? Reply : Madam President, (a) The assessment of the need for pedestrian facilities, such as zebra crossing, signalized crossing and grade-separated crossing, including footbridge and subway, is one of the areas included in our day-to-day district traffic management activities and district traffic studies. In deciding whether or not to provide pedestrian footbridges or subways at junctions, the volume of vehicular and pedestrian traffic, traffic accident statistics and engineering feasibility are taken into account. District Boards are consulted. In proposing new footbridges in built-up urban areas, there are often severe site constraints involving land resumption or shopfront obstruction and hence difficult negotiations with affected parties. In new developments or redevelopments involving a new land grant or Government's approval of a modification of an existing land lease, Government may require the developers to construct footbridges or similar pedestrian crossing facilities. Where appropriate, we also include footbridges or subways in new roads or road widening projects. In the past 12 months, we have provided pedestrian footbridges and subways at 19 critical locations : 2 on Hong Kong Island, 4 in Kowloon and 13 in the New Territories. Details are listed in the Annex. We now have pedestrian footbridges and subways for 31 busy locations under construction or advanced stage of planning : 8 on Hong Kong Island, 12 in Kowloon and 11 in the New Territories. These include the proposed footbridge at the junction of Mong Kok Road and Nathan Road. Details are in the Annex. In addition, Government is following up proposals for footbridges in Central District. (b) We have installed 30 red-light cameras throughout the territory to deter motorists from disobeying traffic signals. We have plans to install 15 more red-light cameras in the urban area before the end of 1998. In addition, we will install red-light cameras at 3 road junctions intersecting with the Light Rail Transit within 6 months. End 11. Opening date of new airport *************************** Following is a question by the Hon Howard Young and a written reply by the Secretary for Economic Services, Mr Stephen Ip, in the Provisional Legislative Council today (Saturday): Question : Will the Government inform this Council when it plans to officially announce the opening date of the airport at Chek Lap Kok so as to give enough time for the tenants in Kai Tak airport to move to Chek Lap Kok without their daily operation being adversely affected by the airport's "overnight move"? Reply : Mr President, The Government and the Airport Authority remain committed to opening the new airport in April 1998. We recognise the need for the airlines and other airport operators to have as much advance notice as possible of the precise opening date. We are reviewing all the programmes considered essential for achieving overall readiness for airport operations. We will announce the opening date once we have completed the review. For the relocation of airport operations from Kai Tak to the new airport at Chek Lap Kok, the Airport Authority is already in consultation with the airlines and airport operators to enable them to plan ahead. End 12. School premises should be kept safe at all times ************************************************ 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 (Saturday): Question : It is reported that in a recent incident involving the spalling of ceiling plaster at an over 30-year-old primary school building in Sham Shui Po, six pupils were hit and slightly injured. In this connection, will the Government inform this Council how the Education Department assists schools in inspecting and renovating school premises so as to ensure their safety, and what the funding arrangements in this regard are ? Reply : The Education Regulations stipulate that all school premises shall at all times be kept in a satisfactory state of repair. For aided schools, the Code of Aid requires all school management committees to be responsible for the safety and soundness of their school buildings. Any aided school can: (1) approach the Architectural Services Department (ASD) or the Housing Department (HD) for professional or technical advice on the conditions of its school premises; (2) use the school and class grant to engage professionals to inspect school premises, for advice on the maintenance or repair of school premises, or to carry out minor maintenance works; and (3) apply to the Education Department for grant to carry out large scale repair works. Applications from non- estate schools and estate schools will be vetted by professionals of the ASD and HD respectively. These two departments will monitor the repair works to ensure that the relevant requirements are met. They will also arrange for urgent repair if the situation so requires. As for government schools, the ASD inspects all the school premises about once every four years and undertakes all maintenance works. The ASD also takes up urgent repair works if so required. For private schools joining the Bought Place Scheme or Direct Subsidy Scheme, the Government will calculate the amount of subsidy on the basis of the average cost of an aided school place, which has already included charges for inspection and maintenance of school premises. Private schools joining the Direct Subsidy Scheme can also apply to the Government for an interest-free capital assistance loan if large-scale repair or renovation is required. However, the Government does not offer any grants or loans to other private schools for inspecting or maintaining their premises. End 13. Standing space for coaches at tourist spots ******************************************* Following is a question by the Hon Howard Young and a written reply by the acting Secretary for Transport, Mr Kevin Ho, in the Provisional Legislative Council today (Saturday): Question : Will the Government inform this Council whether: (a) it has undertaken any study on the availability of standing spaces for coaches at popular tourist spots (such as outside hotels along Canton Road, outside shops in Peking Road and near the Tiger Balm Garden); if so, what the findings are; and (b) it has plans to provide more standing spaces for coaches at tourist spots? Reply : Madam President, The Transport Department closely monitors the adequacy of parking spaces for coaches and picking up/setting down places for passengers at popular tourist spots. In general, where space is available, parking spaces and lay-bys for picking up/setting down passengers would be provided. For example, in Repulse Bay, roadside spaces are designated for coaches and in Canton Road, lay-bys are provided. In busy shopping precincts in the urban built-up areas where such arrangements are not possible, traffic management measures are employed, such as providing passenger picking up/setting down zones on side streets nearby so as not to cause obstruction to main stream traffic. For new tourist spots or existing ones which are re- developed, provision for coach parking is included in the development plan. For example, at the Peak, coach bays are provided within the transport terminus in the re- development. Coach parking spaces are also provided for the viewing point at the Lantau Link. As to hotels, developers are required to provide, in accordance with the Hong Kong Planning Standards and Guidelines, a sufficient number of picking up/setting down spaces for coaches within the development site to meet their own needs. In the case of Tiger Balm Garden, government plans to expand the existing open air vehicle park off Tai Hang Road to increase the number of parking spaces there in and to permit the parking of longer coaches. Subject to the availability of funds, works will start by the end of this year and will take about one year to complete. Continuing efforts will be made to increase similar provision for coaches at other popular tourist spots wherever possible. End 14. Complaints against taxis ************************ Following is a question by the Hon Choy Kan-pui and a written reply by the acting Secretary for Transport, Mr Kevin Ho, in the Provisional Legislative Council today (Saturday): Question: Will the Government inform this Council of : (a) the number of complaints made against taxis in each of the first eight months this year; the nature and number of such complaints; (b) the number of prosecutions instituted against taxis in each of the first eight months this year and the offences involved; and (c) whether enforcement actions against taxis selecting passengers or refusing hire will slacken upon the conclusion of the World Bank meeting, since it is reported that in anticipation of this meeting, the Police has stepped up such actions recently? Reply: Madam President, The numbers of complaints and prosecutions against taxis in each of the first seven months of this year, broken down by type of complaints and offences involved, are annexed. Figures for the month of August 1997 are still being collated. During this period, taximeter offences, driver behaviour, drivers not taking the most direct route and drivers refusing hire were the most common malpractices. The Police are responsible for taking action against such malpractices by way of prosecution under the Road Traffic Ordinance (Cap 374). Priority is given to combating those which involve tampering with the taximeter, soliciting passengers and refusing hire. The Police have also from time to time mounted special operations and spot checks, dependent on the availability of additional resources and other operational demands. Such enforcement action is ongoing and continuous. Occasionally, the Police will widely publicise their enforcement operations, which could have a deterrent effect on taxi malpractices. A recent example is the operation taken before the World Bank meetings, when Hong Kong experienced a large influx of overseas visitors. These visitors may not be familiar with the local situation and complaint channels, and hence are more vulnerable to such malpractices. End 15. Govt departments in seeking ISO 9000 accreditation ************************************************** Following is a question by Hon Chan Choi-hi and a reply by the Chief Secretary for Administration, the Hon Anson Chan, in the Provisional Legislative Council today (Saturday): Question : Will the Government inform this Council : (a) of the current position of Government departments in seeking ISO 9000 accreditation and the departments which have obtained or are now seeking such accreditation; (b) which departments are implementing the concept of "Total Quality Management"; and (c) of the measures in place to promote the implementation of ISO 9000 accreditation and "Total Quality Management" in Government departments? Reply : Madam President, (a) The following Government departments have already obtained ISO 9000 certification in respect of some of their services and they are also seeking further certification for their other services - Architectural Services Department Civil Engineering Department Electrical & Mechanical Services Department Government Flying Service Government Laboratory Hong Kong Police Force Housing Department Marine Department Printing Department (b) Whilst all Government departments are committed to improving their quality of service, Heads of Departments are given the flexibility to adopt the latest management techniques and information technology, including promoting the concept of TQM, to produce the best results having regard to changing needs. (c) As ISO 9000 accreditation and the concept of TQM are only two of the many measures used to improve the quality of service of Government departments, we consider it more productive to keep senior management staff of Government departments abreast of a range of latest management techniques which can help to enhance the efficiency and quality of the services provided by their departments. To this end, regular seminars and training courses are arranged for the senior management staff of Government departments to attend. End 16. Land lease requirement for building pedestrian crossing ******************************************************* The following is a question by the Hon Miriam LAU Kin-yee and a written reply given by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in the Provisional Legislative Council today (Saturday): Question: Currently, when processing applications for the construction or redevelopment of buildings, the government department concerned will, if necessary, require that the developers be responsible for building pedestrian footbridges or other pedestrian crossing facilities. In this connection, will the Government inform this Council : (a) whether the relevant authority specifies the dates of completion for such facilities; if not, how it ensures that the developers build the facilities the soonest possible; (b) of the total number of projects which the relevant authority has required the construction of such facilities, and the number of such facilities which the developers have not yet built, during the past three years; (c) whether the relevant authority will seek the prior consent of the other property owners concerned if the required facilities are to be connected to their properties; if not, how it will assist the developers in reaching agreement with the property owners concerned; and (d) how it will deal with those developers who do not honour their undertakings to build the required facilities? Reply: Madam President, (a) when Government grants a new land lease or approves a modification of an existing lease, it may include in the lease conditions a requirement for the lessee to construct a footbridge or a similar pedestrian crossing facility. A completion date for the construction will normally be imposed. This date is linked to the issue of the certificate of compliance for the building on the site concerned. However, if the facility is to connect the site with another site, prior agreement of the owners of the other site is necessary. On some occasions it is not certain whether, and when, such agreement can be obtained. In this situation, the completion date cannot be specified in the lease conditions; (b) we do not have readily available figures on the number of projects which we have required the construction of such facilities. However we know that over the past 3 years, 38 footbridge proposals made by either developers or Government have been approved in private developments, 21 of which are being constructed and the rest are being planned to be built; (c) where the facility links two buildings, it is necessary to obtain consent from the respective owners of both buildings. In many cases, particularly for older leases, the owners are not obliged to agree to the construction of the facility. Government will try its best to obtain their consent. This however would depend on voluntary co-operation which is frequently made more difficult by multi-ownership of the buildings; and (d) Government may take lease enforcement action (including re-entry of the site concerned) if the developer fails to honour any requirement to build the facility under the lease. End 17. Compulsory school building inspection under consultation ******************************************************** Following is a question by the Hon Ngan Kam-chuen and a written reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Provisional Legislative Council today (Saturday): Question: Regarding the spalling of ceiling plaster in the assembly hall of a primary school in Sham Shui Po some days ago, will the Government inform this Council : (a) of the number of schools which encountered the problem of plaster spalling from ceilings of school buildings or experienced structural problems of buildings over the past three years, and the number of people injured in those incidents; (b) whether any school was closed as a result of these incidents over the past three years; and (c) whether it will consider implementing a mandatory inspection scheme on school buildings; if not, why not? Reply : (a) Over the past three years, spalling of plaster from ceilings occurred in 33 schools, but no school buildings had structural problems. In most cases where plaster spalled from ceilings, the area involved was small, and repair works were immediately carried out by the schools concerned. Apart from a recent incident of plaster spalling from the ceiling in a primary school in Sham Shui Po in which five school children sustained minor injury, there was no report of injury in the other incidents. (b) Over the past three years, no school was closed due to structural problems of buildings. (c) The current Codes of Aid require management committees of all aided schools to ensure the safety and soundness of their school buildings. If necessary, these schools can draw upon the school and class grant to engage professionals to inspect the school buildings. They can also apply to the Education Department (ED) for subsidies to carry out major repair and renovation works if such a need arises. For government schools, the Architectural Services Department inspects the school buildings about once every four years, and undertakes all maintenance works. Moreover, both government and aided schools can seek expert advice on the conditions of their school buildings from the Architectural Services Department or Housing Department. Therefore, at present there is no need to implement a mandatory inspection scheme for these two types of schools. As for private schools, it is stipulated in the Education Regulations that all schools, including private ones, must ensure that their school premises are at all times kept in a satisfactory state of repair. The Government is now consulting the public on the Building Safety Inspection Scheme. If the proposed scheme is endorsed and becomes policy, all privately-owned school buildings aged over 20 years will be subject to inspection once every ten years. Once a decision is reached on the Building Safety Inspection Scheme, the Government will consider whether there is a need to formulate a mandatory inspection scheme for all privately-owned school buildings. End 18. Govt stores purchased by former Governor **************************************** Following is a question by the Hon Chim Pui-chung and a written reply by the Secretary for the Treasury, Mr K C Kwong, in the Provisional Legislative Council today (Saturday): Question: To enhance the transparency in the use and handling of Government property, will the Government inform this Council whether - (a) there is a list of objects taken away by the former Governor of Hong Kong, Mr Christopher Patten upon leaving office; if not, what the reasons are; (b) Mr Patten took away certain objects, including a batch of silver tableware, which belonged to the Government, from the former Government House when leaving office; if so, of the quantities, the purchase prices and the market prices of such objects; and (c) it was necessary for the former Governors to list out the particulars of the objects and file applications for taking them away from the Government House upon leaving office? Reply: Madam President, Our record clearly shows that the former Governor, Mr Patten, did not take away any government stores (including silver tableware) used in Government House when leaving office. However, he did purchase from the Government some tableware and glassware used in Government House. Under the Stores Regulations, government stores can be sold to individuals, including the Governor. The purchase prices offered to Mr Patten were determined by the Government Supplies Department according to values assessed by independent valuers. Replies to the Honourable Member's questions are given below - (a) We have a list of stores purchased by Mr Patten from the Government before he left Hong Kong. (b) Mr Patten purchased on 30 June 1997 from the Government some 400 items of glassware and tableware used in Government House at a total cost of HK$62,490. Values of these items were assessed by independent valuers. The details are listed in the Appendix. Mr Patten did not purchase any silver tableware. The silver tableware and other stores in Government House are still being kept by the Government. (c) As stated above, individuals can apply for the purchase of government stores. Such applications will be considered in accordance with the Stores Regulations. End 19. Legislative timetable of MPF System *********************************** Following is a question by the Hon Paul Cheng and a written reply by the Secretary for Financial Services, Mr Rafael Hui, in the Provisional Legislative Council today (Saturday): Question : The Sub-committee on Mandatory Provident Fund (MPF) System, set up in the former Legislative Council in 1996-97, did not have the opportunity to study the relevant draft subsidiary legislation, which was issued by batches by the MPF Office during the period from late April to late June 1997. In view of the fact that the System will have far- reaching impact on the business sector and the employees, will the Government inform this Council : (a) when the authority concerned will announce the relevant legislative process and timetable; (b) whether it will amend the Mandatory Provident Fund Schemes Ordinance (Cap. 485); if so, what the details of the amendments are; and (c) whether it will undertake to allow sufficient time for this Council to scrutinise the relevant subsidiary legislation instead of rushing through the legislative process? Reply : As the proposed Mandatory Provident Fund System is required to provide the much needed retirement protection to millions of our citizens, with far reaching impact on the whole community, the Administration's objective is to set up the System in a workable and cost-effective manner and to do so as soon as possible. Details of the proposed System had been discussed with the Subcommittee on MPF System set up by the previous Legislative Council at 20 meetings held between November 1996 and June 1997. Draft subsidiary legislation incorporating relevant comments given by the Subcommittee to improve the proposed Scheme had been submitted in batches during the period from end April to end June. Unfortunately, the Subcommittee did not have time to scrutinise the drafts. (a) Our current aim is to submit the draft legislation necessary for the introduction of MPF to the Executive Council in October and this Council shortly thereafter. In view of the importance of the subject and the urgent need to set up a formal retirement protection system, we hope that the legislative process can be completed within the current legislative session. (b) The Mandatory Provident Fund Schemes Ordinance will be amended. These amendments are necessary in order to provide for an efficient and effective System, and taking into account comments that we have received. The proposed amendments will strengthen enforcement measures, e.g. empowering the MPF Schemes Authority to enforce relevant provisions or impose financial penalties; cater for special needs, in particular, protecting the interest of low-income earners and small employers; and provide for additional checks and balances on the MPF Authority, such as by requiring the Authority to report to the Financial Secretary annually, and establishing an Advisory Board to advise the Authority on any policy matter in connection with the Ordinance. (c) With the aim of enacting the Amendment Bill and subsidiary legislation within the current legislative session, the Administration will try its very best to facilitate Provisional LegCo's scrutiny of the legislation. End 20. HK's participation in Asian Productivity Organisation ***************************************************** 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 (Saturday): Question: It is learnt that Hong Kong has severed all ties with the Asian Productivity Organization (APO) since 1 July this year. In this connection, will the Government inform this Council: (a) why, under the Basic Law and the spirit of "one country, two systems" Hong Kong cannot participate in such a regional economic organization as the APO; (b) whether it has raised with the Central People's Government and the APO to retain its membership in the APO; if so, what the details are; (c) of the present employment situation of those Hong Kong residents who were recommended by the British Hong Kong Government to take up employment with the APO; and (d) of the reasons for Hong Kong's continued participation in other international organizations (such as the International Monetary Fund) whilst its ties with the APO have to be severed? Answer: Madam President, (a) Clause 1, Article 13 of the Basic Law stipulates that the Central People's Government shall be responsible for the foreign affairs relating to the Hong Kong Special Administrative Region. Clause 3, Article 13 also stipulates that the Central People's Government authorizes the Hong Kong Special Administrative Region to conduct relevant external affairs on its own in accordance with the Basic Law. For example, Article 151 empowers the Hong Kong Special Administrative Region to maintain and develop relations and to conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields. Article 152 also stipulates that the Hong Kong Special Administrative Region may participate in international organizations or conferences. In conducting its external affairs in accordance with the above provisions, the HKSAR should uphold the principle of "one country, two systems". The name used by Taiwan in the Asian Productivity Organization (APO) is "Republic of China". This matter involves the sovereignty of the People's Republic of China and the "one China" policy. As this question has yet to be resolved, the HKSAR has suspended all connections with the APO with effect from 1 July 1997. Once the question of Taiwan's nomenclature in the Organization is resolved, the HKSAR will be able to resume its participation in the activities of the APO. (b) In order to maintain HKSAR's relationship with the APO, the Central People's Government (CPG) has already put in strenuous effort to liaise with the APO with a view to resolving the problem of Taiwan's nomenclature in the APO. The CPG is still following up this matter. Once the problem is resolved, the HKSAR will be able to resume its participation in the APO. (c) The Hong Kong Government has not recommended any Hong Kong residents to become employee of the APO. (d) HKSAR's suspension of connection with the APO is due to the problem of Taiwan's nomenclature in the APO. Similar problem does not exist in HKSAR's participation in other international organizations. Thus, the HKSAR's participation in those organizations is not affected. End 21. Eligibility of children of CSSA recipient parents ************************************************** The 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 (Saturday) : Question: Children aged below 18 and born in the Mainland of parents who are permanent residents of the Hong Kong Special Administrative Region are financially dependent on their parents while living in the Mainland. In this connection, will the Government inform this Council : (a) whether these children, like their siblings in Hong Kong, are regarded as members of the family, so that their parents, in applying for the Comprehensive Social Security Assistance, are also eligible for receiving the standard rate for children, child supplement and special grant in respect of these children; and (b) whether, as far as taxation is concerned, these children are regarded as members of the family enjoying the same status as their siblings in Hong Kong, so that their parents are eligible for claiming the child allowance in respect of these children? Reply : Madam President, The bases for determining eligibility for Comprehensive Social Security Assistance (CSSA) payments and allowances for salaries tax are completely different. In respect of the specific questions raised by the Hon. Hui Yiu-fat, the answers are as follows : (a) Under the current CSSA Scheme, children of CSSA recipient parents, aged below 18 and born and residing in the Mainland, are not taken into account when calculating CSSA payments for the parents. CSSA is funded from General Revenue and it is therefore directed towards meeting the welfare needs of those living in Hong Kong. As such, applicants must normally have resided in Hong Kong for at least one year to become eligible. (b) Under section 31(1) of the Inland Revenue Ordinance, a salaries taxpayer may claim the child allowance in any year of assessment if he or she maintained at any time during that year of assessment a child who satisfied the criteria as stipulated in the section, irrespective of whether the child concerned was born or living in Hong Kong. These criteria are that the child was - (i) under the age of 18; (ii) of or over the age of 18 but under the age of 25 and was receiving full time education at a university, college, school or other similar educational establishment; or (iii) of or over the age of 18 and was, by reason of physical or mental disability, incapacitated for work. Therefore, the parents of the children in question would be able to claim the child allowance for such children. End 22. Most students admitted to school within their residing net ********************************************************** Following is a question by the Hon Ngan Kam-chuen and a written reply by the Secretary for Education and Manpower, Mr Joseph W P Wong, in the Provisional Legislative Council today (Saturday): Question: It has recently been reported that quite a number of students living in the north-western New Territories have to travel a long distance to attend schools on outlying islands, thereby causing them a lot of time and travelling expenses. In this connection, will the Government inform this Council of : (a) the number of students who are placed in schools situated outside their residing districts in this academic year; (b) the criteria adopted by the relevant department in allocating school places and whether a review of the allocation criteria will be made; if not, why not; and (c) the measures that can be taken to prevent the recurrence of cross-district allocation of school places? Reply : (a) In accordance with the present Primary One Admission System and allocation systems for secondary school places, every year the Education Department (ED) allocates Primary 1 (P1), Secondary 1 (S1) and Secondary 4 (S4) school places to eligible children / students. Apart from some discretionary places for allocation by schools upon applications by parents which are not subject to locational restrictions, most students are allocated to schools within the school nets where they reside or where they previously attended schools. In the 1997/98 school year, 57 875 (88%) P1 students were allocated to schools within the school nets where they reside, through discretionary admission or central allocation. A total of 6 877 (10%) students was admitted to schools outside their own nets through discretionary admission. Another 1 612 students (2%) were allocated to schools outside their own nets owing to insufficient places in those nets. As regards S1 students, 68 050 (88%) were admitted to schools in the same districts as their primary schools through discretionary admission or central allocation. A total of 847 (1%) students was admitted through discretionary admission to schools outside their original districts. Another 8 482 (11%) students were allocated to schools in neighbouring or other districts of their choices because of their needs for different curricula (for instance, prevocational and special education) and because of insufficient places in their original districts. In accordance with the existing Junior Secondary Education Assessment System, in 1997, a total of 63 765 students (93%) was allocated S4 places within the same districts where they attended Secondary 3 (S3), (including 60 484 (88.7%) allocated to S4 of their own schools). Another 4 805 students (7%) were allocated to schools not in their original districts, and of these, most of them were allocated to schools in the neighbouring districts. (b) The existing allocation systems for P1, S1 and S4 school places take into account the districts where the students reside, school nets and parental choice. The allocations of S1 and S4 places also take into account students' academic performance. At present, the Government's target is to provide subsidised S4 places for 85% of our youngsters aged above 15, and to enable the students to continue their studies in their original schools as far as possible. ED will review all allocation systems and their criteria from time to time. (c) Given constant population movement, there are fluctuations in the demand for school places in districts at different points of time. As such, the Government determines the number of secondary schools required on the basis of the territory-wide demand and supply of secondary school places. In considering the locations of new schools, priority will be given to those districts where there has been or will be persistent shortfall. ED keeps the School Building Programme under regular review, and will, in the light of actual circumstances, identify appropriate locations for building new schools. It will also take measures to reorganise the class structure of those schools which are in a position to do so in order to meet the demand for school places and to minimise cross-district allocation. In addition, ED will continue to organize seminars for parents in new towns to help them better understand the allocation systems and choose appropriate schools for their children. End
