Issued by Hong Kong Special Administrative Region Government Information Services
Garden Road, 5th-8th Floors, Murray Building, Hong Kong. Tel: 2842 8777
Wednesday, February 11, 1998
CONTENTS
========
1. Re-organisation of bureaux responsible for IT-related matters
2. Granting of video-on-demand programme service licences
3. Land sale programme for 1998/99 still under consideration
4. Adjustment of Junior Police Officers' pay scale
5. Smoke lobby door in order
6. CE listens to TELA's new initiatives
7. MTR (Transport Interchange) Regulation to be gazetted
8. Tai Lam Tunnel Regulation to be gazetted
9. Quality Education Fund operational programme endorsed
10. Update on avian flu
11. Insider Dealing Tribunal submits report
12. Subvention for adult education courses
13. Nomination for Council on Professional Conduct in Education
14. Site safety urged after Lunar New Year holidays
15. Lantau Link Visitors Centre temporarily closed
1. Re-organisation of bureaux responsible for IT-related matters
*************************************************************
The Administration today (Wednesday) announced the
re-organised institutional framework for information
technology-related matters.
"In his 1997-98 Policy Address, the Chief Executive
has committed to re-group the responsibilities now divided
among several bureaux relating to information technology-
related matters and commission one bureau secretary to
lead and co-ordinate the government overall effort in
these areas. The Administration has now decided the re-
organised structure," a government spokesman said today.
"This is a rationalisation exercise which involves
portfolio adjustment of existing bureaux rather than the
establishment of an additional bureau," the spokesman
added.
Under the rationalisation exercise, the Broadcasting,
Culture and Sport Bureau (BCSB) will be restructured as
the Information Technology and Broadcasting Bureau (ITBB).
While retaining the policy on broadcasting matters, the
re-organised bureau will take over the responsibility on
telecommunication and information technology applications
within government from Economic Services Bureau and
Finance Bureau respectively.
As part of the rationalisation exercise, BCSB's
current responsibility for arts, culture, sports and
recreation will be transferred to the Home Affairs Bureau.
The overall information technology-related
responsibilities of the ITBB will be -
(a) to formulate policies to facilitate the
establishment of an open, common interface information
infrastructure, accessible throughout the SAR;
(b) to lay down an appropriate regulatory framework
to remove obstacles to interconnection between networks,
and enhance Hong Kong's external info-communications
links;
(c) to develop a policy for accelerating the use of
information technology applications using the common
interface in the public and private sector; and
(d) to commission pilot projects that make
innovative use of the developing infrastructure.
The responsibilities will be further developed by the
secretary of the re-organised bureau.
"Although the precise date of establishing the re-
organised bureau is being worked out, we hope to implement
our proposals around April," the spokesman said.
The Administration has briefed Provisional
Legislative Council Joint Panel on Public Services and
Information Policy this morning and will seek funds to
create necessary posts in due course. On whether there
may be reshuffling of policy secretaries, the spokesman
said that any appointment or posting matters will be dealt
with by the Secretary for the Civil Service in the normal
manner and separate announcements will be made in case of
any changes.
End
2. Granting of video-on-demand programme service licences
******************************************************
The Broadcasting, Culture and Sport Bureau (BCSB)
announced today (Wednesday) that the Chief Executive in
Council (CE in C) had formally granted a Video-on-demand
Programme Service Licence to Hong Kong Telecom VOD Limited
(HKTVOD). The licence will take effect from February 13,
1998 (Friday) for a period of 12 years.
The BCSB announced at the same time that the CE in C
had also decided that approval in principle should be
granted to Star Interactive Television Limited (Star iTV)
for a second programme service licence. Licence
negotiations with Star iTV will commence with a view to
submitting the full licence for CE in C's approval as soon
as practicable.
"The grant of licence to HKTVOD signifies the formal
commencement of programme service to the community. Hong
Kong people will soon have the choice of high-tech,
interactive multi-media service added to their family
entertainment programmes," said Mrs Rita Lau, Deputy
Secretary for Broadcasting, Culture and Sport.
HKTVOD will be bound by a $210 million performance
bond to roll out its service and achieve the service
targets stipulated as milestones in its licence.
The licence will also require HKTVOD to comply with
the programme, advertising and technical standards
prescribed in the codes of practice issued by the
Broadcasting Authority.
In response to questions about the deferred decision
on the Star iTV's application, Mrs Lau explained that time
was needed to assess the legal implications of the
government processing Star iTV's application in view of
the company's involvement in a pending civil litigation.
"It is prudent to put in place appropriate legal
measures to safeguard the government interests on the one
hand and ensuring that the judicial process is not
prejudiced on the other," she added.
Mrs Lau further explained that the Government has
secured an indemnity from Star iTV and its parent company
Star Telecom to indemnify Government regarding any claim
arising from matters including proceeding with the
consideration of Star iTV's application.
End
3. Land sale programme for 1998/99 still under consideration
*********************************************************
The Director of Lands, Mr Robert Pope, has denied a
TV report today (Wednesday) that certain sites in next
year's Land Sales Programme would be deferred.
"It is also incorrect to say that certain sites will
be withdrawn from sale in May," Mr Pope said.
"The Land Sales Programme for next financial year is
currently being considered and an announcement will be
made in March," Mr Pope stressed.
End
4. Adjustment of Junior Police Officers' pay scale
***********************************************
The Government today (Wednesday) announced proposals
to adjust by one point the maximum salary points of the
Police Constable, Sergeant and Station Sergeant ranks.
The proposal is made after examining the
recommendations made by an independent consultant
appointed by the Government to provide an objective view
of the circumstances leading to the Junior Police Officers
(JPO) Association's request for a review of their pay
scale.
A Civil Service Bureau spokesman explained that the
consultant had carried out extensive job inspections and
interviews with the force management and front line Police
officers between August and October 1997. The consultant
submitted his report in October 1997.
"The consultant concluded that although the scope and
complexity of the JPOs' role had increased since their
last pay review in 1992, the changes were such that a full
scale pay review was not warranted," said the spokesman.
"He added that the consultant had recommended that a
number of measures be taken to recognise the way the JPOs
had collectively responded to the changes which had taken
place as these had had an impact on most officers.
"We accepted the consultant's conclusions but could
not agree with all of his recommendations," he said.
"After carefully considering the information set out
in the consultant's report, the present economic climate,
the state of the employment market, the current level of
pay, the vacancy situation in the Force and the JPOs'
morale, we came to the view that the adjustment to the
maximum points announced today is an appropriate and fair
response in the circumstances."
The proposed changes to the JPO pay scales are
estimated to cost $98.5 million per annum. The adjustment
to the monthly pay will range from $595 to $1,610. The
Police have identified savings of $70 million to meet the
cost of these adjustment. The balance of the required
funds will be sought from the Finance Committee in the
normal manner.
The revised pay scale will come into effect on April
1, 1998, subject to approval by the Finance Committee.
End
5. Smoke lobby door in order
*************************
In response to media enquiries, a spokesman for the
Fire Services Department today (Wednesday) said
investigations revealed that a door on the ground floor of
a building at 265 Gloucester Road is not a designated
smoke lobby door, and there is no obstruction to the means
of escape, either.
The spokesman added that the door ,which was the
subject of a complaint from a resident, only leads to
three private premises on the ground floor. The door can
be opened from inside.
Investigations of the premises were initiated by the
Fire Services Department as early as October 1996 after
complaints were received. Follow-up liaison with other
government departments also followed.
Fire officers again went to the premises this morning
and confirmed that the door in question was not the
designated smoke lobby door.
The spokesman, however, reminded that all smoke lobby
doors have to be closed at all times and that no
obstruction should be posed to means of escape in all
building premises.
End
6. CE listens to TELA's new initiatives
************************************
The Chief Executive, Mr Tung Chee Hwa, was briefed on
the work of the Television and Entertainment Licensing
Authority (TELA) during a visit to the department today
(Wednesday).
The Commissioner for Television and Entertainment
Licensing , Mr Eddy Chan Yuk-tak, briefed the Chief
Executive on initiatives being undertaken by the
department to achieve its mission, which is to reflect
community standards on taste and decency in broadcast
monitoring and regulation, film classifications, and the
control of indecent and obscene articles.
"Everyone, including parents and teachers, has an
important role to play in caring for the development of
our children and young people. I am pleased to note that
continuing efforts will be made by the relevant regulatory
bodies to ensure that our young people are protected from
materials that would be harmful to their development", the
Chief Executive said.
On broadcasting matters, Mr Tung noted that it would
be in the long term interest of Hong Kong to develop a
flexible regulatory framework which would be conducive to
the growth of the broadcasting industry while at the same
time meeting the needs and expectations of the community.
He was also briefed on the progress of establishing a
Film Services Office which was announced in the Chief
Executive's Policy Address in October 1997. The new Film
Services Office would be established in TELA in April this
year to facilitate the development of the local film
industry.
The Chief Executive noted that Government had formed
the departmental working group which would work closely
with the industry to devise a licensing scheme for the use
of pyrotechnics and dangerous goods in film production.
The new Film Services Office will also look at measures to
cut red tapes in granting approval for location shooting,
the setting up of a data base relating to the local film
industry.
"The film industry has not only contributed towards
the cultural and entertainment needs of our community but
also our economy by being one of the world's major film
producers and exporters. It is therefore important that
joint efforts should be made by both Government and the
industry to help ensure sustainable growth in this field",
the Chief Executive said.
End
7. MTR (Transport Interchange) Regulation to be gazetted
*****************************************************
The Mass Transit Railway (Transport Interchange)
Regulation will be gazetted this Friday (February 13).
A government spokesman today (Wednesday) said: "The
Regulation seeks to define the obligations and powers of
MTRC in managing the three transport interchanges which
serve the Airport Express Line at Hong Kong, Kowloon and
Tsing Yi Stations, and specifies the powers of the
Commissioner for Transport in overseeing the management
functions performed by MTRC.
"It also enables the Commissioner for Transport to
exercise control over the regulation of vehicular and
pedestrian traffic in the transport interchanges and the
provision of efficient feeder transport services to serve
the Airport Express Line."
The Airport Railway consists of two lines: Airport
Express Line and Tung Chung Line, previously known as
Lantau Line. The former is an express service running
between Central and the new airport with stops at four
stations: Hong Kong, Kowloon, Tsing Yi, and Airport. The
latter is a conventional mass transit service with stops
at six stations: Hong Kong, Kowloon, Olympic, Lai King,
Tsing Yi and Tung Chung.
"MTRC is responsible for the design, construction,
completion, management and maintenance of transport
interchanges at the Hong Kong, Kowloon and Tsing Yi
stations. To enable MTRC to fulfil this responsibility,
regulation and bylaw governing the operation and
management, in particular traffic control and the
operation of public transport services, of these transport
interchanges need to be made," the spokesman said.
"The Provisional Legislative Council passed the MTRC
(Amendment) Ordinance on January 14, 1998 to provide
enabling powers for making of the Mass Transit Railway
(Transport Interchange) Regulation and Bylaw," he said.
"The Mass Transit Railway (Transport Interchange)
Regulation is made by the Secretary for Transport. After
gazetting on February 13, the Regulation will be submitted
to the Provisional Legislative Council for negative
vetting on February 18, 1998."
"Under the Mass Transit Railway Ordinance, the Mass
Transit Railway Corporation is empowered to make bylaws in
relation to the control of pedestrian and vehicular
traffic in the transport interchanges. In exercise of its
power, MTRC has made the Mass Transit Railway (Transport
Interchange) Bylaw which will be submitted to the
Provisional Legislative Council for endorsement on
February 25, 1998," the spokesman said.
End
8. Tai Lam Tunnel Regulation to be gazetted
****************************************
The Tai Lam Tunnel and Yuen Long Approach Road
Regulation will be gazetted this Friday (February 13).
A Government spokesman today (Wednesday) said: "The
Regulation is made by the Secretary for Transport. It
seeks to set out the obligations and responsibilities of
the Route 3 (CPS) Company Limited in operating the Tai Lam
Tunnel and Yuen Long Approach Road."
The Tai Lam Tunnel and Yuen Long Approach Road, also
known as Route 3 (Country Park Section), is a dual three-
lane expressway connecting the urban areas with the north
west New Territories. It comprises a 3.8km tunnel and a
6.3km approach road with connections to the Ting Kau
Bridge and Tuen Mun Road at the southern end and the New
Territories Circular Road at Au Tau and the Yuen Long
Highway at Pok Oi Roundabout.
Under the Tai Lam Tunnel and Yuen Long Approach Road
Ordinance, the Route 3 (CPS) Company Limited was granted a
franchise for the construction, finance and operation of
the Tai Lam Tunnel and Yuen Long Approach Road. The
franchise lasts for 30 years, commencing on May 31, 1995.
The tunnel and approach road are scheduled to be opened in
mid-1998.
After gazetting on February 13, the Regulation will
be submitted to the Provisional Legislative Council for
negative vetting on February 18.
Apart from the Regulation, the Ordinance also
empowers the Route 3 (CPS) Company Limited to make bylaw
to control and regulate the conduct of persons and
vehicles in the Tai Lam Tunnel and Yuen Long Approach
Road.
In exercise of its power, the Company has made the
Tai Lam Tunnel and Yuen Long Approach Road Bylaw which
will be submitted to the Provisional Legislative Council
for approval on February 25, 1998.
End
9. Quality Education Fund operational programme endorsed
*****************************************************
The Quality Education Fund (QEF) Steering Committee
of the Education Commission (EC) has agreed on the scope
and initial operational programme of the Fund.
The chairman of the QEF Steering Committee, Mr Irving
Koo Yee-yin, said after a meeting today (Wednesday): "We
believe that the Fund should support worthwhile
initiatives, on a one-off basis, directed towards
improving the quality of basic education. Projects should
preferably be school-based, innovative, and have the
potential for wider application in the school sector."
"We welcome, in particular, projects promoting the
quality of teaching and learning in schools; projects that
promote all-round education; projects promoting school-
based management; and educational researches."
"Call for applications will be made twice a year,
with the first call to commence in the first week of
March, when the QEF is officially launched," he said.
"There will be briefings and publicity on the
operational details of the Fund," Mr Koo added.
Through monitoring and evaluation of funded projects,
Mr Koo said the QEF Steering Committee would work in
conjunction with project leaders to identify best
practices for dissemination.
"We hope to mobilise the participation of students,
teachers, principals, teacher trainers, educational
experts in furthering the development of quality
education," he said.
In parallel, the Steering Committee has decided to
set up a Task Group to develop award schemes for
outstanding teachers and schools. The school sector will
be consulted on the design and criteria for the award
schemes.
"Awarding excellence in the performance of schools
will disseminate good practices and promote healthy
competition among schools."
"The awards for teaching excellence will also raise
the social esteem and professional status of the teaching
profession," Mr Koo said.
The QEF Steering Committee is responsible for making
recommendations to the Government on the custody and use
of the QEF and to oversee the on-going operation of the
QEF. It also makes recommendations to the EC on the
strategies for making use of the QEF and for disseminating
best practices and experience gained from the QEF-funded
projects, and on relevant researches and studies
undertaken by the EC.
The Steering Committee, chaired by a non-official EC
member, comprises eight non-official members representing
the school sector, professionals, and the business
community, and two ex-officio members.
Meanwhile, a QEF Investment Committee has been set up
alongside the Steering Committee to set policies for and
to monitor the investment of the Fund. The Investment
Committee has agreed on an investment strategy that is
prudent but able to generate sufficient recurrent income
for the Fund.
Chaired by the Secretary for Education and Manpower,
members of the Investment Committee comprise the Chairman
of the QEF Steering Committee, the Director of Education
and the Director of Accounting Services.
Details of the first call for applications will be
announced shortly.
End
10. Update on avian flu
*******************
The Department of Health (DH) announced today
(Wednesday) that there were no new cases of influenza A
(H5N1) today.
The total number of cases stands at 18 confirmed
cases.
The conditions of these cases remain the same as of
February 10.
End
11. Insider Dealing Tribunal submits report
***************************************
The Insider Dealing Tribunal has submitted a report
to the Financial Secretary on its inquiry relating to Hong
Kong Worsted Mills Limited, now renamed as Beijing
Development (H.K.) Limited.
Earlier the Tribunal concluded that insider dealings
in the listed securities of Hong Kong Worsted Mills
Limited took place between May 6 to June 16, 1993, and
identified five individuals as insider dealers in those
shares.
End
12. Subvention for adult education courses
**************************************
Registered non-profit-making non-governmental
organisations are invited to apply for government
subvention to run basic adult education programmes under
the Subvention Scheme 1998/99.
Courses eligible for subvention include courses
designed to improve basic literacy in Chinese; general
education courses for particular groups, such as factory
workers and fishfolk (including re-orientation to land-
based living); re-orientation and Cantonese language
courses for new arrivals to Hong Kong from other parts of
Asia; social and moral education courses; labour education
(including legal knowledge) courses; pre-vocational
training programmes.
Other courses to be subvented are special education
courses for the physically or mentally handicapped adults;
careers education courses; pre-retirement/retirement
education courses; adult education courses conducted on an
experimental basis; job-oriented courses; courses in
geographical areas not covered by the Education
Department's services.
The subvention will cover the cost of teaching,
administrative and clerical staff; the cost of basic
teaching equipment; basic office equipment, where
applicable; and operation cost such as telephone, water
and electricity charges; or hire of accommodation.
Application forms can be obtained either in person or
by post from the department's Adult Education Unit at Room
1106, 11th floor, Wu Chung House, 213 Queen's Road East,
Wan Chai.
All applications should reach the Adult Education
Unit not later than April 15 (Wednesday). Applicants will
be informed of the results in writing this August.
For further enquiries, please contact Mr K Lee at
2892 6671 or Miss S M Wong at 2892 6674 during office
hours.
End
13. Nomination for Council on Professional Conduct in Education
***********************************************************
Circular memoranda and letters have been sent to all
day schools and educational bodies respectively inviting
nominations for elections to the third term of the Council
on Professional Conduct in Education (CPCE) today
(Wednesday).
The new term of office lasts from May 1998 to April
2000.
A spokesman for the Education Department said: "Each
day school may nominate a regular full-time registered
teacher including school head to stand for election to the
CPCE.
"Teachers may also run for election as independent
candidates if they have the support of 60 or more full-
time teachers teaching in the same type of school.
"Eligible educational bodies which are already
registered with the Hong Kong Teachers' Council have been
invited to make nominations. Other organisations
intending to nominate a candidate or to vote in the
election of the council should first register with the
Education Department," the spokesman added.
To be eligible for registration, organisations must
fulfil the following criteria:
* They must have been registered with the Registry
of Trade Unions, the Societies Office or the Companies
Registry unless they are exempted from registration by the
Companies Registry; and
* At least 80 per cent of their members must be
serving full-time teachers or registered teachers or
teachers exempted from registration by the Director of
Education.
Applications for registration should be sent to
Education Officer (CPCE) at Room 1027, Wu Chung House,
10th floor, 213 Queen's Road East, Wan Chai, on or before
February 24, 1998.
The department appeals to teachers, schools and
education bodies to participate in the forthcoming
election campaign and thanks them for supporting the CPCE.
Nominations should reach the department not later
than noon on March 10 and voting for the teacher-nominated
categories will be conducted on April 22.
The council was first set up in April 1994 following
the recommendations of the Education Commission Report No.
5.
Its terms of reference are:
(1) to advise the Government on measures to promote
professional conduct in education;
(2) to draft operational criteria defining the
conduct expected of an educator and to gain widespread
acceptance of these criteria among all sectors of the
education community; and
(3) to advise the Director of Education on cases of
disputes or alleged professional misconduct involving
educators.
"The procedures and arrangements for the election are
basically the same as those adopted in the last exercise,
except minor modifications to further improve the control
and effectiveness of the election process," the spokesman
said.
The CPCE has 28 seats of three categories, namely,
the organisation-nominated categories, the teacher-
nominated categories and the Director of Education
nominated members.
Further enquiries related to the election could be
made on 2892 6302 or directed to Room 1027, 10th floor, Wu
Chung House, 213 Queen's Road East, Wan Chai.
End
14. Site safety urged after Lunar New Year holidays
***********************************************
The Labour Department today (Wednesday) urged
contractors and construction site management staff to be
more vigilant and take special safety precautions at their
construction sites after the long Lunar New Year holidays.
Chief Occupational Safety Officer (Operations),
Mr Wong Ching-kwok, said that site conditions might have
been changed after long holidays. Sight alertness of both
the site management and workers might also have
diminished.
"Site management and workers should take
precautionary measure to ensure safety and health at work
before resuming construction activities," Mr Wong warned.
"In particular, all scaffolds, working platforms,
lifting appliances and excavations should be inspected by
competent person to ensure that they are in safe
conditions before putting them into use again.
"Workers should also be fully advised and instructed
to follow safety precautions on working at height and
other hazardous situations."
To prevent accidents from occurring, Mr Wong urged
contractors to exercise more vigilant control of their
sites to make sure that the sites were still safe places
of work after long holidays.
Under the Factories and Industrial Undertakings
Ordinance, contractors are required to provide and
maintain a safe system of work as well as to provide
instruction, supervision and training to their workers.
They are liable to a maximum fine of $500,000 and
imprisonment for six months upon conviction for non-
compliance.
Workers who fail to take reasonable care of
themselves and others will face a maximum fine of $50,000
and six months imprisonment.
End
15. Lantau Link Visitors Centre temporarily closed
**********************************************
The Lantau Link Visitors Centre and the Viewing
Platform at the North West Tsing Yi Interchange will be
closed from 7 am to 11 am on Friday (February 13).
Normally the Visitors Centre opens at 1 am and the Viewing
Platform is open from 7 am.
The service of the KMB route 243R running from Cheung
Sha Wan to the Centre will be suspended during this
period. The first bus to the Centre will depart Cheung
Sha Wan at 11 am.
The car park adjacent to the Centre will open from
11 am on that day.
Members of the public who wish to view the Lantau
Link from a vantage point early morning this Friday may
visit the Airport Core Programme Exhibition Centre at 401
Castle Peak Road, Ting Kau which is open from 10 am to
5 pm.
End
PROVISIONAL LEGISLATIVE COUNCIL MEETING SUPPLEMENT
CONTENTS
========
1. The Bankruptcy (Amendment) Rules 1998
2. The Bankruptcy (Forms) (Amendment) Rules 1998
3. The Bankruptcy (Fees and Percentages) (Amendment) Order 1998
4. The Meetings of Creditors (Repeal) Rules 1998
5. The Proof of Debts (Amendment) Rules 1998
6. Adaptation of Laws (Courts and Tribunals) Bill
7. Legal Practitioners (Amendment) Bill 1998
8. Adaptation of Laws(References to foreign country, etc.) Bill
9. Kowloon-Canton Railway Corporation (Amendment) Bill 1998
10. Town Planning (Amendment) Bill 1998
11. Merchant Shipping (Registration) (Amendment) Bill 1998
12. Building Management (Amendment) Bill 1998
13. Report of Director of Audit on Accounts of the Government
14. CS tables Director of Audit's report
15. 1997 Annual Report of the Legal Aid Services Council
16. US dollar mortgage loans
17. Delay in the commissioning of the new airport
18. Development rights over Tin Shui Wai Light Rail Terminus
19. Review of woman health services to be completed in Autumn
20. Effect of the use of mobile phone on human health
21. Recall of medical reagent
22. Compassionate rehousing on medical or social grounds
23. Illegal importation of livestock
24. Pricing of life saving medicines
25. Progress on Primary Health Care services
26. Continuing and long-term need for interim housing
27. Wide range of health promotion programmes implemented
28. Memorandum of Administrative Arrangements with UC
29. Government's long-term target of building 85,000 flats a year
30. Complaints handled by CAPO
31. Hospital services and facilities in Yuen Long
32. Personal data of HK citizens kept by the Police
33. Mechanism in place to prevent the abuse of CSSA
1. The Bankruptcy (Amendment) Rules 1998
*************************************
Following is the speech by the Secretary for
Financial Services, Mr Rafael Hui, in moving a motion to
amend the Bankruptcy (Amendment) Rules 1998 in the
Provisional Legislative Council today (Wednesday):
Madam President,
I move the first motion under the Bankruptcy
Ordinance, the content of which has been listed on the
Agenda.
The Bankruptcy (Amendment) Rules 1998 and the next
four sets of subsidiary legislation that I am going to
move, namely the Meetings of Creditors (Repeal) Rules
1998, the Bankruptcy (Forms) (Amendment) Rules 1998, the
Bankruptcy (Fees and Percentages) (Amendment) Order 1998,
and the Proof of Debts (Amendment) Rules 1998, have been
made by the Chief Justice.
The Bankruptcy (Amendment) Ordinance 1996, which was
passed by the then Legislative Council in December 1996,
implements the recommendations of the Law Reform
Commission's "Report on Bankruptcy". The Amendment
Ordinance has abolished, amongst others, the obsolete
provisions relating to "acts of bankruptcy" and
"bankruptcy notices" and replaced them by simpler and more
straight-forward grounds for petitioning for bankruptcy,
introduced an automatic discharge system subject to there
being no objection from the trustee of the bankrupt's
estate or any creditor, as well as putting in place
individual voluntary arrangement procedures to encourage
debtors to sort out their financial difficulties in a
structured way without having to become bankrupt.
Pursuant to the enactment of the Bankruptcy
(Amendment) Ordinance 1996, the Bankruptcy (Amendment)
Rules 1998, made under section 113 of the Bankruptcy
Ordinance, propose consequential changes to the existing
Bankruptcy Rules. The majority of the amendments are
technical and procedural in nature, and are in line with
the provisions and objects of the principal Ordinance. I
should like to mention here the more significant changes
to the Rules.
Rule 15 repeals the existing rules relating to
"bankruptcy notices" and substitutes procedures for a
statutory demand requiring a debtor to pay his debts, and
steps to set aside such demand where appropriate. Rules
24-32 outline the procedures relating to the new
"bankruptcy order". Rules 36-38 set out the procedures
for the application for a public examination of the
bankrupt, pursuant to the new section 19 of the Amendment
Ordinance. New provisions pursuant to the new section 29
of the Amendment Ordinance governing inquiries by the
court into the bankrupt's conduct, dealings and property
are set out in Rule 40.
Rules 88 to 99 of the existing Bankruptcy Rules
relating to the discharge of a bankrupt will be repealed.
Instead, new procedures to allow the trustee or one of the
bankrupt's creditors to apply to the court for suspension
of the bankrupt's discharge from bankruptcy in accordance
with new section 30A(3) of the Amendment Ordinance, and to
enable the bankrupt to seek early discharge under new
section 30(B) of that Ordinance are proposed.
New arrangements with respect to meetings of
creditors are laid down in Rule 42.
Pursuant to the new section 34(7A) of the Amendment
Ordinance, Rule 49 prescribes that a trustee in bankruptcy
shall make a decision on a proof of debt within four years
of the proof being filed with him.
Rule 51 provides procedures for individual voluntary
arrangements in place of the current provisions for
compositions and schemes of arrangement which are now
repealed; and Rule 55 sets out the procedures for
application by the trustee for an income payments order
under new section 43E of the Amendment Ordinance.
The other amendments proposed are either textual in
nature or are miscellaneous and consequential amendments.
The Judiciary and the professional bodies in the legal and
accounting sectors have been consulted on the proposed
amendments to these Rules.
Furthermore, the Bankruptcy (Amendment) Rules 1998,
and the other four sets of related subsidiary legislation
that I am going to move, have been scrutinised by a
Subcommittee of this Council. I am grateful to Members of
the Subcommittee for their support. These five sets of
subsidiary legislation are essential to bring into force
the Bankruptcy (Amendment) Ordinance 1996 which was
enacted more than a year ago. Subject to the approval of
this Council, we plan to bring the principal ordinance
together with the amending subsidiary legislation into
operation as soon as possible this year.
Madam President, I beg to move.
End
2. The Bankruptcy (Forms) (Amendment) Rules 1998
*********************************************
Following is the speech by the Secretary for
Financial Services, Mr Rafael Hui, in moving a motion to
amend the Bankruptcy (Forms) (Amendment) Rules 1998 in the
Provisional Legislative Council today (Wednesday):
Madam President,
I move the third motion under the Bankruptcy
Ordinance, the content of which has been listed on the
Agenda.
The Bankruptcy (Forms) (Amendment) Rules 1998 are
made under section 113 of the Bankruptcy Ordinance. They
comprise technical and consequential amendments to some
existing forms, repealing a number of other forms and
introducing new forms pursuant to the new Bankruptcy
(Amendment) Ordinance 1996 and the Bankruptcy (Amendment)
Rules 1998.
Madam President, I beg to move.
End
3. The Bankruptcy (Fees and Percentages) (Amendment) Order 1998
************************************************************
Following is the speech by the Secretary for
Financial Services, Mr Rafael Hui, in moving a motion to
amend the Bankruptcy (Fees and Percentages) (Amendment)
Order 1998 in the Provisional Legislative Council today
(Wednesday):
Madam President,
I move the fourth motion under the Bankruptcy
Ordinance, the content of which has been listed on the
Agenda.
The Bankruptcy (Fees and Percentages) (Amendment)
Order 1998 is made under section 114 of the Bankruptcy
Ordinance. It repeals certain fee items in the Schedule
to the Order and introduces three new fee items arising
from new bankruptcy rules and procedures. The other
amendments proposed are either textual in nature or are
consequential amendments made necessary by the enactment
of the Bankruptcy (Amendment) Ordinance 1996.
Madam President, I beg to move.
End
4. The Meetings of Creditors (Repeal) Rules 1998
*********************************************
Following is the speech by the Secretary for
Financial Services, Mr Rafael Hui, in moving a motion to
amend the Meetings of Creditors (Repeal) Rules 1998 in the
Provisional Legislative Council today (Wednesday):
Madam President,
I move the second motion under the Bankruptcy
Ordinance, the content of which has been listed on the
Agenda.
New rules for meetings of creditors are set out in
Rule 42 of the Bankruptcy (Amendment) Rules 1998 in the
first motion. I therefore propose that the existing
Meetings of Creditors Rules be repealed.
Madam President, I beg to move.
End
5. The Proof of Debts (Amendment) Rules 1998
*****************************************
Following is the speech by the Secretary for
Financial Services, Mr Rafael Hui, in moving a motion to
amend the Proof of Debts (Amendment) Rules 1998 in the
Provisional Legislative Council today (Wednesday):
Madam President,
I move the fifth motion under the Bankruptcy
Ordinance, the content of which has been listed on the
Agenda.
The Proof of Debts (Amendment) Rules 1998 are made
under section 36 of the Bankruptcy Ordinance. They are
consequential and textual amendments made necessary by the
enactment of the Bankruptcy (Amendment) Ordinance 1996.
Madam President, I beg to move.
End
6. Adaptation of Laws (Courts and Tribunals) Bill
**********************************************
Following is the speech by the Chief Secretary for
Administration, Mrs Anson Chan, in moving the second
reading of the Adaptation of Laws (Courts and Tribunals)
Bill in the Provisional Legislative Council today
(Wednesday):
President,
I move that the Adaptation of Laws (Courts and
Tribunals) Bill be read the second time. The Bill aims to
adapt references to courts and tribunals, and titles of
judges in over 230 Ordinances.
The Hong Kong Reunification Ordinance, enacted by
this Council on July 1, 1997, has provided for the
establishment of courts in the Hong Kong Special
Administrative Region. Section 8 of the Ordinance amends
section 3 of the Supreme Court Ordinance (Cap. 4) to
establish the High Court (known as the Supreme Court
before reunification), which consists of the Court of
First Instance (formerly known as the High Court) and the
Court of Appeal. Section 9 provides that the District
Court, magistracies and every other court (apart from the
Supreme Court) in existence immediately before July 1,
1997, are established as the equivalent courts of the Hong
Kong Special Administrative Region.
Section 6 of the Hong Kong Reunification Ordinance
contains a new Schedule 8 to the Interpretation and
General Clauses Ordinance (Cap. 1) to provide for the
construction on and after July 1, 1997, of words and
expressions in laws previously in force. Items 7 to 10,
and 12 to 14 of the Schedule provide for the construction
of words and expressions relating to court nomenclature
and titles of judges in accordance with the court
terminology adopted in the Basic Law. However, it remains
necessary to textually amend these words and expressions
in the laws of Hong Kong so as to obviate the need to read
our laws against the particular principles of construction
of words and expressions as provided in the Hong Kong
Reunification Ordinance.
The Bill has three objectives. The first objective
is to adapt, in a comprehensive manner, 11 Ordinances
relating directly to the administration of justice (such
as those establishing the various courts in the Hong Kong
Special Administrative Region). It is considered
essential that terms and provisions in these Ordinances
which are not in conformity with the Basic Law or the
status of Hong Kong as a Special Administrative Region of
the People's Republic of China, should be removed or
amended as soon as possible. These amendments will
provide a clearer statutory basis on which our judicial
system operates.
The second objective of the Bill is to adapt court
nomenclature and titles of judges in about 220 other
Ordinances not directly related to the administration of
justice. These amendments will remove any uncertainties
that may arise in interpreting these references in
accordance with the provisions of the Hong Kong
Reunification Ordinance, and will avoid the absurdity
whereby some references to courts can be taken as they
are, while other references to the same courts have to be
read against the Ordinance and be construed in accordance
with particular principles of construction of words and
expressions.
The last objective of the Bill is to adapt references
to court nomenclature and titles of judges in the Supreme
Court Ordinance (Cap. 4). Other aspects in the Ordinance
which involve less straight-forward adaptations, e.g.
references to English law, will be dealt with separately,
after we have fully studied the implications for the
operation of the Court.
As in other adaptation of laws Bills, this Bill will
in general have retrospective effect to July 1, 1997,
after enactment. This retrospectively will ensure
consistency in the interpretation of our laws before and
after the enactment of this Bill. However, it will not
apply to criminality. This restriction is in line with
Article 15 of the International Covenant on Civil and
Political Rights as applied to Hong Kong.
As this Bill is essential for the smooth operation of
the judicial machinery in Hong Kong, I commend it to this
Council for early passage into law.
End
7. Legal Practitioners (Amendment) Bill 1998
*****************************************
Following is the speech by the Secretary for Justice,
Miss Elsie Leung Oi-sie, in moving the second reading of
the Legal Practitioners (Amendment) Bill 1998 in the
Provisional Legislative Council today (Wednesday):
Madam President,
I move that the Legal Practitioners (Amendment) Bill
1998 be read the second time. The main purpose of the
Bill is to establish a system of locally-appointed
notaries.
Since July 1, 1997, it has not been possible to
appoint notaries public in Hong Kong. The previous system
of appointment by the Archbishop of Canterbury came to an
end on July 1, 1997 as a result of the transition.
Section 14 of the Hong Kong Reunification Ordinance has
enabled notaries public appointed prior to July 1, 1997 to
continue in such a capacity with all their previous
powers. However, since the handover, it has not been
possible to appoint new notaries.
A Bill to provide a local system for appointing
notaries was introduced into the Legislative Council in
February 1996. That Bill (the Legal Practitioners
(Amendment) Bill 1996) was withdrawn after the carriage of
a Committee Stage Amendment requiring notaries public to
be members of the Hong Kong Society of Notaries.
A review was subsequently conducted by the
Administration of the proposed system of appointing and
regulating notaries public. We consider that the best way
forward is to establish some form of self-regulatory
system for notaries public, similar to that of the two
other legal professional bodies.
The current Bill introduces a new Part IV to the
Legal Practitioners Ordinance. The main features of that
new Part are as follows.
The Appointing Authority
First, the appointing authority. It is considered
important that notaries should be appointed by an office
bearer who would be respected by the international
community. The Bill therefore follows the approach of the
1996 Bill by providing that the Chief Justice shall be the
appointing authority. New section 40A empowers the Chief
Justice to appoint solicitors admitted in Hong Kong, who
are of at least seven years' standing and who have passed
a notarial examination, to be notaries public in Hong
Kong.
Membership of Hong Kong Society of Notaries and its role
The second feature concerns membership of the Hong
Kong Society of Notaries. The Administration considers
that, if the law requires notaries to be members of the
Hong Kong Society of Notaries but does not give the Hong
Kong Society of Notaries a regulatory role in respect of
them, this compulsory membership will probably infringe
the notary's right to freedom of association under Article
22 of the International Covenant on Civil and Political
Rights. It therefore proposes to give to the Hong Kong
Society of Notaries a regulatory role that is similar to
that of the Law Society and Bar Association.
The Legal Practitioners Ordinance does not expressly
require barristers and solicitors to be members of the
respective professional bodies. It does, however, require
all practising barristers and solicitors to have a
practising certificate issued by the professional body,
and provides that a practising certificate shall not be
issued unless the barrister or solicitor has paid to the
professional body the membership subscription in respect
of the year for which the practising certificate is to be
issued. The effect of these provisions is that membership
of the relevant professional body is compulsory for all
practising barristers and solicitors.
It is proposed that the Bill should follow this
approach and provide that the membership of the Hong Kong
Society of Notaries is compulsory for practising notaries
and optional for non-practising notaries.
It is noted that in England and Wales, only those
notaries who do not have a solicitor's practising
certificate need take out a practising certificate for
practising as a notary. Those with a practising
certificate as a solicitor need only present the
certificate to the Master of Faculties for registration.
We consider that this practice has its merits and should
be adopted in our new system. We propose that a
practising certificate may be dispensed with where the
notary public is a holder of practising certificate issued
by the Law Society, but membership of the Hong Kong
Society of Notaries will remain compulsory. We also
propose that a certificate of membership will be issued to
members so exempted.
Regulation and Discipline
Thirdly, regulation and discipline. The provisions
for regulation and discipline now proposed are along the
lines of those for solicitors in the Legal Practitioners
Ordinance. Under the Bill, the Chief Justice will appoint
a Notaries Public Disciplinary Tribunal Panel from which
the Notaries Public Disciplinary Tribunal is to be set up
in accordance with the regulatory framework laid down
under the new sections 40F to 40R. This will address the
human rights concern mentioned above, by rendering the
restrictions on notaries' freedom of association
justifiable.
Rules and Regulations
Fourthly, rules and regulations. Following the
approach of the Legal Practitioners Ordinance in respect
of solicitors, new sections 73D and 73E empower the
Council of the Hong Kong Society of Notaries, subject to
the consent of the Chief Justice, to make rules relating
to the practice, conduct and discipline of notaries public
and their employees, and rules concerning indemnity
against loss arising from claims in respect of civil
liability incurred in connection with a notary public's
practice.
Transitional
Finally, transitional arrangements are also provided
for to ensure that the new Part IV applies to a notary
public who, before the commencement of the new Part, was
already registered as a notary public under the old Part.
Madam President, the Bill seeks to establish a system
of locally appointed notaries so as to ensure that
sufficient qualified notaries will be available for
service in the SAR. It is in line with the amendments
suggested by the Bills Committee of the last Legislative
Council. The Hong Kong Society of Notaries, the Law
Society and the Bar Association have been consulted and
they support the Bill in principle. I commend this Bill
to Members for early passage into law.
End
8. Adaptation of Laws(References to foreign country, etc.) Bill
************************************************************
Following is the speech by the Secretary for
Constitutional Affairs, Mr Michael Suen, in moving the
second reading of the Adaptation of Laws(References to
foreign country, etc.) Bill in the Provisional Legislative
Council today (Wednesday):
Madam President,
I move that the Adaptation of Laws (References to
foreign country, etc.) Bill be read the second time. The
Bill aims to adapt references to "foreign", "overseas",
and "abroad", and to corresponding Chinese texts, in the
laws of Hong Kong.
The Hong Kong Reunification Ordinance, enacted by
this Council on July 1, 1997, has added a new Schedule 8
to the Interpretation and General Clauses Ordinance (Cap.
1) to provide for the construction on and after July 1,
1997 of words and expressions in the laws previously in
force in Hong Kong. Item 19 of the new Schedule 8
provides that any reference to a foreign country or
foreign state (or to similar terms or expressions) shall
be construed as a reference to "a country or territory
other than the People's Republic of China" or as a
reference to "any place other than the Hong Kong Special
Administrative Region", depending on the content of the
relevant law. It is necessary to examine the relevant
content and clarify the exact meaning of each reference in
the relevant law. Without the necessary adaptation,
confusion and misunderstanding may arise as to how these
references should be interpreted.
The object of the Bill is to introduce necessary
adaptations to references to "foreign", "overseas" and
"abroad", and to corresponding Chinese texts, in the laws
of Hong Kong, to ensure conformity with the Basic Law, the
Decision of the Standing Committee of the National
People's Congress made on February 23, 1997 which relates
to the laws previously in force in Hong Kong and their
interpretation principles, and the status of Hong Kong as
a Special Administrative Region of the People's Republic
of China. It covers almost all the references to the
three terms in the local laws. It does not, however,
include a small number of ordinances which will be subject
to comprehensive review or repeal. Nor does it deal with
ordinances relating to the operation of individual non-
governmental organisations.
The Bill proposes to add new definitions such as
"foreign country", "foreign state", and "foreign
currency". It also proposes to replace the references to
"foreign", "overseas" or "abroad" by their exact meaning
wherever they appear in the law. This is because these
terms vary in meaning depending on the contexts where they
appear. To set out the exact meaning of such references
will avoid unnecessary confusion and misunderstanding.
The Bill is deemed to have come into operation on
July 1, 1997, except in areas involving criminal
liability. This is to tie in with the effective date of
the interpretation principles stipulated in the Hong Kong
Reunification Ordinance, which came into operation on July
1, 1997.
Madam President, this Bill is essential for the
clarification of meaning of references to "foreign",
"overseas" and "abroad" in the laws and is important for
the smooth operation of the Hong Kong Special
Administrative Region. It removes uncertainties and
ambiguities in the interpretation of laws. I commend it
to this Council for early passage into law.
End
9. Kowloon-Canton Railway Corporation (Amendment) Bill 1998
********************************************************
Following is the speech by the Secretary for the
Transport, Mr Nicholas Ng, on moving the second reading of
the Kowloon-Canton Railway corporation (Amendment) Bill
1998 in the Provisional Legislative Council today
(Wednesday):
Madam President,
I move the Second Reading of the Kowloon-Canton
Railway Corporation (Amendment) Bill 1998. This Bill
amends the Kowloon-Canton Railway Corporation Ordinance in
order to enable the Kowloon-Canton Railway Corporation to
implement new railway projects and to provide a proper
share capital share structure for the Corporation.
The existing provisions of the Ordinance empower KCRC
to operate East Rail and Light Rail only. We have decided
to invite KCRC to construct and in due course to operate
West Rail, the Ma On Shan to Tai Wai Rail Link and East
Rail Extension from Hung Hom to Tsim Sha Tsui. We will
therefore need to amend the Ordinance to empower KCRC to
implement new railway projects.
Clauses 2 and 3 change the long title and the
definitions of "railway" and "railways" to enable KCRC to
construct and operate additional railways.
To enable KCRC to construct the new railway projects,
Government will need to inject equity into KCRC towards
funding these projects. KCRC will also need to obtain
commercial loans to finance those parts of the remaining
project costs which it cannot finance from its own
resources. However, the Ordinance does not provide for
Government's ownership through share holding. This lack
of a proper share capital structure may create unnecessary
difficulties for KCRC in raising commercial loans.
In addition, the provisions relating to borrowing by
KCRC are not comprehensive enough and the Ordinance does
not allow KCRC to voluntarily declare and distribute
dividends as is the usual commercial practice.
We therefore propose to amend Part III of the
Ordinance relating to "Finance" to provide for a proper
share capital structure and a mechanism for dividend
payments to Government. The new provisions are modelled
on the Mass Transit Railway Corporation Ordinance (Cap
270) and the Airport Authority Ordinance (Cap 483).
Part III of the Ordinance on "Finance" is proposed to
be repealed and substituted by a new Part III with nine
new sections covered under Clause 6. These new sections
provide for a proper share capital structure for KCRC;
enable KCRC to raise funds and to charge its property as
security; stipulate that KCRC should conduct its business
according to prudent commercial principles; and allow KCRC
to declare and pay dividends to Government.
The Ordinance at present provides for the vesting of
land in KCRC as described in and on the terms and
conditions specified in Schedules 2 and 5 to the
Ordinance. This means that every time the construction of
a railway is completed, the Ordinance will have to be
amended in order to vest the required land in KCRC. This
is obviously not satisfactory.
Clause 5 provides a more efficient mechanism where
land or interests or rights in land required for
operational purposes of any one or more of KCRC's railways
could be vested by way of a plan deposited by the Director
of Lands in the Land Registry. The clause also provides
for divesting of land where it is no longer required for
operational purpose or, alternatively, for the Director of
Lands to consent to a change in the purpose.
The enactment of the Bill is essential for the
implementation of the West Rail project because Government
can only inject the necessary equity into KCRC after the
legal framework is established. As the project has an
extremely tight programme, it is our aim to have the Bill
enacted as soon as possible.
Thank you, Madam President.
End
10. Town Planning (Amendment) Bill 1998
***********************************
Following is the speech by the Secretary for
Planning, Environment and Lands, Mr Bowen Leung, in moving
the Second Reading of the Town Planning (Amendment) Bill
1998 in the Provisional Legislative Council today
(Wednesday):
Madam President,
I move that the Town Planning (Amendment) Bill 1998
be read the Second time.
Honourable Members will recall that the Government
published in July 1996 a Town Planning White Bill,
together with a Consultation Paper, for public
consultation. Our aim is to overhaul the existing Town
Planning Ordinance (Cap. 131), first enacted in 1939, to
make our statutory town planning process more "open" and
"efficient". Issues involved are many and complicated and
public views on the proposals in the White Bill were
diverse and, on some issues, conflicting. We are at
present examining these conflicting views with the
intention of resolving them and finalising a comprehensive
Bill for introduction into the Legislative Council as soon
as possible.
In the meantime, there is a practical and urgent need
to streamline the plan-making procedure by stipulating a
time limit of nine months within which objections to a
draft plan should be fully considered by the Town Planning
Board and, if unwithdrawn, be submitted to the Chief
Executive in Council for a decision. This is one of the
proposals that has received wide spread support during
public consultation. The Town Planning (Amendment) Bill
1998 which I am introducing is primarily aimed at
effecting this change.
The proposed nine-month objection period is
essentially the same as in the Railway Ordinance enacted
by this Council in June 1997, as well as that proposed in
the Roads (Works, Use and Compensation) (Amendment) Bill
1998 and the Foreshore and Seabed (Reclamations)
(Amendment) Bill 1998. Both of the latter two Bills were
introduced into this Council on January 21, 1998. The
proposed nine-month period is considered sufficient and
reasonable for handling representations or objections made
by the public.
For all public works, be it building of a road or a
railway, a reclamation project or planning of
infrastructural facilities, we fully recognise the right
of the community concerned to be duly informed and given
reasonable time to express their views or objections. But
it is equally important that we do not allow this
statutory public consultation to drag on indefinitely
causing essential public infrastructural projects to be
delayed which in turn will affect the well being of the
majority of the public.
At present, as a result of the lack of a time-frame
for dealing with public objections, it could take more
than four years to complete the preparation of a draft
town plan. During this process, the Government is unable
to proceed with any substantive actions to implement the
provisions of the town plan, and very often the timely
provision of land for essential infrastructure to meet the
increasing development pressure is adversely affected.
The Town Planning Ordinance differs slightly from the
other three Ordinances mentioned above in that it provides
expressly an objection hearing procedure which is,
procedure-wise, more demanding and time-consuming. Hence,
the Bill also empowers the Town Planning Board to appoint
committees to hear objections either individually or
collectively and to proceed with hearings even if the
objector(s) chooses not to attend. These complementary
measures are necessary to ensure that all objections would
be fully considered within the nine-month period.
Let me emphasise that the Bill, albeit itself a minor
improvement to the Town Planning Ordinance, is essential
and it would work hand in glove with other relevant
Ordinances to ensure the timely delivery of land and key
infrastructure which are essential to Hong Kong's future
development. The passage of this bill into law will not
in anyway displace the Government's firm commitment to
overhaul the existing Town Planning Ordinance and I
undertake to revert to this Council with a comprehensive
package of changes to the Town Planning Ordinance as soon
as possible.
I urge Members to support the Town Planning
(Amendment) Bill 1998.
Thank you, Madam President.
End
11. Merchant Shipping (Registration) (Amendment) Bill 1998
******************************************************
Following is the speech by the Secretary for Economic
Services, Mr Stephen Ip, in moving the second reading of
the Merchant Shipping (Registration) (Amendment) Bill 1998
in the Provisional Legislative Council today (Wednesday):
Madam President,
I move that the Merchant Shipping (Registration)
(Amendment) Bill 1998 be read the second time.
The purpose of the Bill is to adapt provisions in
the Merchant Shipping (Registration) Ordinance governing
the flying of flags by Hong Kong registered ships when
calling at overseas ports.
The Bill amends Schedule 1 to the Merchant Shipping
(Registration) Ordinance and to stipulate that the proper
colours (i.e. the flags) which a Hong Kong registered ship
should fly are the Chinese national flag flown directly
above the HKSAR regional flag.
In order to ensure continued shipping link between
the HKSAR and Taiwan after the transition, we propose to
provide the Director of Marine with a power of exemption
so that Hong Kong registered ships need not fly the
required flags when they call at ports in Taiwan. A
similar provision already exists in the Shipping and Port
Control Ordinance which the Director of Marine can make
use of to exempt Taiwan registered ships from flying the
required flags when they call at Hong Kong.
The adaptation proposal is consistent with Hong
Kong's status as a Special Administrative Region of the
People's Republic of China, and the proposed amendment to
give the Director of Marine a power of exemption is
necessary to maintain the continued shipping link between
Hong Kong and Taiwan after the transition. Madam
President, I commend it to this Council for their early
passage into law.
End
12. Building Management (Amendment) Bill 1998
*****************************************
Following is the speech by the Secretary for Home
Affairs, Mr David Lan, in moving the second reading of the
Building Management (Amendment) Bill 1998 in the
Provisional Legislative Council today (Wednesday):
Madam President,
I move that the Building Management (Amendment) Bill
1998 be read the second time.
The main purpose of this Amendment Bill is to
explicitly empower owners' corporations (OCs) to carry out
renovation, improvement or decoration works to the common
parts of their buildings upon the passing of a resolution
at a general meeting of OC convened for this purpose.
In 1995, the then High Court ruled, in a building
management case, that although OCs could carry out general
maintenance works under the Building Management Ordinance,
they were not empowered to carry out renovation or
improvement works unless consent from all the owners had
been obtained. This judgement has given rise to concern
and worries of the owners, because practically speaking,
general building repairs and maintenance works would
usually involve a certain degree of renovation,
improvement and decoration works. Also it is practically
impossible for OCs to obtain consent from all of the
owners every time before the commencement of such works.
As a result, OCs of many buildings have become reluctant
to carry out maintenance works and owners are thus
discouraged from participating actively in the management
and maintenance of their buildings. Should this be
allowed to continue, the conditions of the buildings would
deteriorate, thus affecting the safety and living
environment of both the residents and the general public.
In view of the need to ensure building safety and public
safety, we consider that it is imminent to introduce this
amendment.
I would also like to take this opportunity to brief
Members on the other main points of this Bill. According
to s.3A of the existing Building Management Ordinance, the
Authority may, upon application by the owners holding not
less than 30 per cent of the shares, order that a meeting
of owners shall be convened to appoint a management
committee for the purpose of forming an OC. However, if
there is objection from 10 per cent of the owners' shares,
the order of the Authority shall be nullified, and the
meeting of owners could not be convened. Since objection
from a minority of owners could waste the efforts of those
who support the formation of an OC, we think that it is
necessary to amend this Section, as it runs counter to
Government's policy of encouraging owners to form OCs.
Therefore, in order to be fair, we propose that the
owners' shares required for raising objection be revised
to 30 per cent.
We also propose to amend the Ordinance to provide for
an additional means of serving notices. Under the current
Ordinance, serving of a notice of OC meeting or that of
resignation of the manager can be done personally upon the
owners by hand, by post addressed to the owners or by
leaving it at the owners' flats. In practice, it is a
practical and usual way to deposit such notices in the
letter boxes of the owners concerned. Hence, we propose
that this additional means of serving the notice be
specified in the Ordinance. In addition, the Bill
proposes some minor technical amendments to certain parts
of the Building Management Ordinance so as to improve the
Ordinance. These amendments have been set out in detail
in the Bill, and I do not intend to elaborate here.
I believe Members have noticed that in view of the
recent fire disasters, the Government have formulated a
series of corresponding measures including considering the
setting up of a mandatory building management body in each
building for the purpose of fire prevention. As this
subject will involve complicated legal and enforcement
issues, we need to consider it thoroughly. If there is a
need to further amend the Building Management Ordinance,
we will submit our proposal to the Legislative Council as
and when appropriate. As regards the amendments proposed
in this Bill, I have just elaborated that they are indeed
urgently required and have been long expected by the
existing owners' corporations. I wish the Provisional
Legislative Council would enact the Bill as soon as
possible, so that the above-mentioned problems in respect
of building maintenance, renovation and improvement works
can be solved in the first place.
Madam President, with these remarks, I commend the
Bill to this Council.
End
13. Report of Director of Audit on Accounts of the Government
*********************************************************
Following is the speech by the Chief Secretary for
Administration, Mrs Anson Chan, in presenting the Report
of the Director of Audit on the Accounts of the Government
and the Trading Funds: April 1 to June 30, 1997 in the
Provisional Legislative Council today (Wednesday):
Madam President,
Tabled before the Council for Members' information is
the Report of the Director of Audit on the Accounts of the
Government and the Trading Funds for the period from April
1 to June 30, 1997. These three-month accounts are
compiled and audited in order to demonstrate in an
accurate and transparent manner the overall financial
position of the Government immediately before the
establishment of the Hong Kong Special Administrative
Region (HKSAR).
For the three months ended June 30, 1997, the
accounts of the Hong Kong Government excluding the
Lotteries Fund showed a consolidated surplus of $10.6
billion, bringing the fiscal reserves to $184.2 billion as
at the end of June 1997. For the same three-month period,
the Lotteries Fund recorded a surplus of $134 million,
while the net assets of the six trading funds totalled
$14,252 million at the end of June 1997.
Thanks to the long-established prudent management of
our public finances, these audited accounts show that the
HKSAR Government began on a sound and healthy financial
basis.
With these remarks, I would like to invite members to
note the contents of the accounts tabled.
End
14. CS tables Director of Audit's report
************************************
The Chief Secretary for Administration, Mrs Anson
Chan, today (Wednesday) tabled in the Provisional
Legislative Council the Report of the Director of Audit on
the Accounts of the Government and the Trading Funds for
the period from April 1 to June 30, 1997.
"The purpose of compiling these audited accounts is
to demonstrate in an accurate and open manner the overall
financial positions of the Government immediately before
the establishment of the Hong Kong Special Administrative
Region (HKSAR)," Mrs Chan said.
For the three months ended June 30, 1997, the
accounts of the Government, excluding the Lotteries Fund,
recorded a consolidated surplus of $10.6 billion, bringing
the fiscal reserves to $184.2 billion at the end of June
1997.
"These audited accounts show that, thanks to the
long-established prudent management of our public
finances, the HKSAR Government began on a sound and
healthy financial basis," she added
As at the end of June 30, 1997, the net assets of the
six trading funds totalled $14,252 million.
The account of the Lotteries Fund recorded a surplus
of $134 million for the three months ended June 30, 1997,
with its total balance stood at $2,636 million on the same
day.
The audited accounts which were tabled today
comprise -
(I) the audited accounts of the Government (from
April 1 to June 30,1997), namely -
a) the General Revenue Account;
b) the Capital Works Reserve Fund;
c) the Capital Investment Fund;
d) the Civil Service Pension Reserve Fund'
e) the Disaster Relief Fund;
f) the Loan Fund; and
g) the Lotteries Fund.
(II) the audited accounts of the six trading funds
(from April 1 to June 30, 1997), namely -
a) the Companies Registry Trading Fund;
b) the Electrical and Mechanical Services
Trading Fund;
c) the Land Registry Trading Fund;
d) the Office of the Telecommunications
Authority Trading Fund;
e) the Post Office Trading Fund; and
f) the Sewage Services Trading Fund.
End
15. 1997 Annual Report of the Legal Aid Services Council
****************************************************
Following is the speech by the Chief Secretary for
Administration, Mrs Anson Chan, in presenting the 1997
Annual Report of the Legal Aid Services Council in the
Provisional Legislative Council today (Wednesday):
Madam President,
The Legal Aid Services Council is a statutory body
established under the Legal Aid Services Council Ordinance
(Cap. 489), and is tasked with overseeing the
administration of the legal aid services provided by the
Legal Aid Department.
Since the setting up of the Council in September
1996, it has worked closely with the Administration to
further improve the provision of our legal aid services.
The Council has examined some major aspects of our legal
aid system, including the processing of legal aid
applications, the system for assigning cases to
practitioners in private practice, and the procedures for
appealing against the decision of the Director of Legal
Aid not to grant legal aid. The Council has provided very
helpful suggestions, such as improvements to the
application procedures for legal aid and measures to
shorten the time required to process applications. Most of
the Council's suggestions have already been put into
practice. For a summary of the achievements of the
Council, Members may refer to the first Annual Report of
the Council, which is now laid on the table of this
Council pursuant to section 12(2) of the Legal Aid
Services Council Ordinance. I would like to take this
opportunity to thank the Chairman and Members of the
Council for their invaluable advice and dedicated service
in the past year.
Our legal aid system has generally worked well.
There is, however, no room for complacency. The Council
will continue to review the various components of our
legal aid system and the overall mechanism for monitoring
the provision of services by the Legal Aid Department.
End
16. US dollar mortgage loans
************************
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 (Wednesday):
Question:
The Chief Executive of the Hong Kong Monetary
Authority (HKMA) suggested to members of the public openly
the other day that they might consider switching their
property mortgage loans denominated in the local currency
to loans denominated in US dollars so as to reduce payment
of interest. In this connection, will the Government
inform this Council whether:
(a) it is the Government's established long-term
policy to encourage the public to borrow loans in US
dollars instead of Hong Kong dollars; if not, whether it
knows the reasons for the Chief Executive of the HKMA to
make the suggestion;
(b) it has studied the impact of an upsurge in
public demand for US dollar-denominated loans on the
linked exchange rate; if so, what the findings are; and
(c) there is any mechanism for monitoring the public
statements made by the Chief Executive of the HKMA; if so,
what the details are?
Reply:
Madam President:
(a) Remarks by the Chief Executive of the Hong Kong
Monetary Authority (HKMA) on US dollar mortgages quoted in
the press were sourced from an informal conversation
during which he mentioned that arranging mortgage loans in
US dollar and Hong Kong dollar on fixed interest rate
terms are two possible ways to insulate home buyers from
interest rate volatility due to speculative pressure on
the Hong Kong dollar. This is not the aim of the Chief
Executive of the HKMA to encourage borrowing in US
dollars, nor is it the policy of Government to promote US
dollar borrowings. In fact, several banks in Hong Kong
have been offering US dollar denominated mortgage loans to
home buyers for some time. Although the currency risk
incurred by a borrower in taking out a US dollar
residential mortgage loan is minimal under the linked
exchange rate system, it is up to individual borrowers to
decide how best to arrange their mortgages, having regard
to factors such as his source of funds or income, the
costs and the risks involved.
(b) At present only a few banks offer US dollar
mortgages on residential properties in Hong Kong. Some
banks are not keen to offer such facility as they would
need to manage the US dollar funding and the currency
position involved. As we understand it, the interest rate
on US dollar mortgages is currently at around 10.5%, i.e.
US Prime Rate plus 2%. The differential with the interest
rate on Hong Kong dollar mortgage loans (currently at
around 11.25% to 11.75%) is not unduly wide. Hence it is
unclear whether there would potentially be a high demand
for US dollar mortgages.
Theoretically, should the demand for US dollar
denominated loans increase significantly, there would be
some implications for the linked exchange rate system.
Generally speaking, when the borrowers switch the US
dollar funds obtained from the banks into Hong Kong
dollars to settle a transaction, for example, paying for
70% of the price of a property, other things being equal,
this will lead to a strengthening of the Hong Kong dollar
exchange rate. To the extent that the US dollars are
picked up by the HKMA, the foreign currency assets of the
Exchange Fund will increase initially. Over time, when
the borrowers subsequently switch their Hong Kong dollars
earnings into US dollars for loan repayment by
installments, other things being equal, there will be some
downward pressure on the Hong Kong dollar exchange rate,
and it may result in a gradual reduction in the foreign
currency reserves built up earlier.
(c) Statements and comments made by senior officials
of the Government are always under close scrutiny by
Members of this Council, the media, the financial markets
as well as the public at large. This mechanism has
existed for a long time and is working extremely well.
End
17. Delay in the commissioning of the new airport
*********************************************
Following is a question by the Hon Eric Li and a
reply by the Secretary for Economic Services, Mr Stephen
Ip, in the Provisional Legislative Council today
(Wednesday):
Question:
As the opening of the new airport has been deferred
to July 6 this year, will Government inform this Council:
(a) whether the Airport Authority (AA) has
compensated or made additional payments to the project
contractors of the new airport to enable completion of
relevant projects in April this year: if so, of the number
of project and amounts involved;
(b) of a breakdown of the $1 billion loss in revenue
of the AA due to the deferred opening of the new airport;
and
(c) whether there are other causes (such as slippage
in the provision of navigation systems, back-up or
commercial facilities), apart from the Airport Railway not
being able to commence operation in April, which have led
to the Government's sudden announcement of the deferred
opening of the new airport?
Reply:
Madam President,
(a) The new airport is an enormous project. Various
works have been planned and undertaken according to a
complex and interlocking programme targeted for airport
opening in April 1998. It involves over 50 principal
contractors of the Airport Authority (AA) and numerous
subcontractors.
In order to fulfill and manage the programme, the AA
has to ensure that all contracts keep on schedule as far
as possible since the costs of dislocation would otherwise
be very severe in terms of contract interfaces. To meet
this objective, AA signed two supplemental agreements with
the principal contractors of the Passenger Terminal
Building in mid-September 1996. These agreements, at a
total cost of $1.9 billion, provided for the settlement of
contractual claims and re-establishment of a work
programme which would enable the Passenger Terminal
Building to be completed on schedule. The full background
to this was reported to the Legislative Council on
September 20, 1996. Subsequent to further discussions in
the relevant panels, a consolidated report by the AA was
issued to the Panel on Planning, Lands and Works on
October 31, 1996.
In addition to the above, since May 1997 acceleration
payments have been made in respect of 10 major systems and
fitting-out contracts totalling just over $310 million by
AA. All these payments were made in accordance with the
terms of the relevant contracts. The AA has fully
adequate contingency provision to absorb these costs
within its overall budget for the new airport, which was
set at $49.8 billion.
(b) The AA has advised that the estimated net
revenue loss as a result of the new airport opening in
July is around $1 billion. This amount comprises the
estimated loss in commercial revenue for two months
(around $750 million) as well as from airport charges
(around $450 million). It has also taken into account the
estimated savings (around $200 million) in operational
expenses for the same period.
(c) Before announcing the airport opening date,
Government and AA have reviewed all the programmes
considered essential for achieving overall readiness for
airport operations including the latest progress of the
AA's physical works, systems testing and commissioning,
training and trials activities. The review showed that
all facilities essential for opening the new airport were
on target for the end of April 1998. Government's
objective is to ensure that on Day One, we shall have a
world class airport supported by good transportation
arrangements including a world class Airport Railway
linking it to the urban area. We have therefore decided
that the new airport should open on July 6 and an
announcement of the opening date was made immediately
after the decision was taken.
End
18. Development rights over Tin Shui Wai Light Rail Terminus
********************************************************
Following is a question by the Hon Federick Fung and
a reply by the Secretary for Planning, Environment and
Lands, Mr Bowen Leung, in the Provisional Legislative
Council today (Wednesday):
Question:
It was reported that on account of an agreement
regarding the development of commercial and residential
properties in Tin Shui Wai reached between the Government
and a developer a number of years ago, the Kowloon-Canton
Railway Corporation (KCRC) can only join hands with that
developer in developing properties atop the Tin Shui Wai
Light Rail Terminus. In this connection, will the
Government inform this Council:
(a) of the contents of the agreement between the
authority and that developer regarding the development of
commercial and residential properties in Tin Shui Wai;
(b) whether it knows if the KCRC has any plan to
invite public tenders for developing properties atop the
Tin Shui Wai Light Rail Terminus; and
(c) whether it has reached similar agreements
regarding property development with other developers; if
so, of the names of those developers and the contents of
the agreements?
Reply:
Madam President,
(a) In 1982, the Government entered into an
agreement with Mightycity Company Limited and Tin Shui Wai
Development Limited on the arrangements for the
acquisition of land at Tin Shui Wai and for the
development of a new town in the southern portion of the
Tin Shui Wai site (i.e. 169 hectares). Within the 169
hectares, the Government would regrant back to Tin Shui
Wai Development Limited 38.8 hectares of land for
commercial and residential purposes and the balance of the
169 hectares (i.e. 130.2 hectares) would be developed by
the Government for public housing and associated
Government/Institution/Community uses. The Tin Shui Wai
Light Rail Terminus falls within the Government portion
(i.e. 130.2 hectares) of the 169 hectares;
(b) Neither Tin Shui Wai Development Limited nor the
Kowloon-Canton Railway Corporation has any development
rights over the Tin Shui Wai Light Rail Terminus. Any
development proposals on top of the Light Rail Terminus
would be a matter for the Government to decide; and
(c) Government's agreement with Mightycity Company
Limited and Tin Shui Wai Development Limited is unique.
We are not aware of any similar agreements with other
developers.
End
19. Review of woman health services to be completed in Autumn
*********************************************************
Following is a question by the Hon Peggy Lam and a
reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
Will the Government inform this Council:
(a) of the effectiveness of the services provided by
the three woman health centres in Lam Tin, Chai Wan and
Tuen Mun established under the Department of Health;
(b) of the respective numbers of women who have
undergone medical examinations at these centres so far;
(c) whether it is stipulated that the services at
these centres are provided exclusively for women aged
between 45 and 64; if so, of the reasons for such a
stipulation;
(d) of the fees that these centres are currently
charging for medical examinations for women;
(e) whether it has considered setting up woman
health centres in districts with a large female population
(such as Shatin); if so, what the plans are; if not, why
not; and
(f) whether it has studied the feasibility of
including the services of these centres into the range of
services provided by maternal and child health centres; if
so, what the findings are?
Reply:
Madam President,
(a) Since the commencement of the operation of the
first Woman Health Centre in 1994, the three centres have
altogether provided screening service to about 13,200
women. Through this screening service, 73 cases of breast
cancer, nine cases of cervical cancer, 145 cases of
diabetes mellitus and 448 cases of hypertension have been
detected. In addition to the screening service, the three
centres have held 4,800 health talks , with a total of
around 30,000 attendances.
(b) Since the commencement of service and up to the
end of 1997, Lam Tin Woman Health Centre, Chai Wan Woman
Health Centre and Tuen Mun Woman Health Centre have
provided physical examinations to 9,110, 3,110 and more
than 970 women respectively.
(c) Woman Health Centres currently provide services
to only women aged between 45 and 64. This age
restriction is presently adopted because diseases such as
breast cancer, cervical cancer, etc. have a higher
prevalence among women aged 45 or above. On the other
hand, as women aged 65 or above may utilise the services
provided by the Elderly Health Centres, for better
utilisation of resources, the age limit has been set by
the Department of Health to be between 45 and 65.
(d) The Woman Health Centres at present charge each
client an annual fee of HK$ 310 for the service provided.
An additional HK$ 225 is charged for any mammography
service performed.
(e) As Woman Health Service is still at its pilot
stage with the third Centre located at Tuen Mun commencing
operation only in March 1997, further evaluation and
assessment of need have to be made before we can decide on
the way forward.
(f) The Department of Health has just begun the
review of the Woman Health service to decide on the future
development of the service. Whether Woman Health service
should be integrated into the services provided by the
Maternal and Child Health Centres will be one of the
issues to be considered. We expect to complete the review
by the coming autumn.
End
20. Effect of the use of mobile phone on human health
*************************************************
Following is a question by the Hon Choy Kan-pui and a
reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
It is learnt that some overseas medical personnel
have pointed out that the use of mobile phones may lead to
brain tumour. In this connection, will the Government
inform this Council:
(a) of the number of people known to be suffering
from brain tumour in each of the past three years;
(b) whether there is any information regarding the
use of mobile phones among these brain tumour patients; if
so, the number of frequent users of mobile phones among
them; and
(c) to ensure that the health of mobile phone users
will not be jeopardized, whether the Administration has
studied the effect of the use of mobile phones on the
health of users; if so, what the details are; if not,
whether such studies will be conducted?
Reply:
Madam President,
(a) According to the data currently available at the
Cancer Registry of the Hospital Authority, the number of
persons diagnosed to have brain tumour each year from 1992
to 1994 is 200, 171 and 224 respectively. The Cancer
Registry is still consolidating the relevant information
for 1995 to 1997.
(b) The Hospital Authority has not collected
information on the use of mobile phones by these patients.
(c) We regulate the mobile phones used in Hong Kong
by adopting the standards stipulated by the International
Commission on Non-ionising Radiation Protection. Mobile
phones generally available in Hong Kong emit a
radiofrequency of 900 MHz or 1,800 MHz. According to the
stipulated standards, the radiofrequecncy radiation level
emitted by these mobile phones under normal operating
conditions should not exceed 4.5 watts per square metre or
nine watts per square metre respectively. These standards
were acknowledged as acceptable limits by the World Health
Organisation (WHO) in 1993.
As of date, there is no conclusive scientific
evidence or authoritative consensus in the medical field
to support the view that radiofrequency radiation emitted
by mobile phones will adversely affect human health.
We will keep in view the relevant researches
conducted by other international agencies. In this
connection, we are aware that the WHO has launched an
International Electromagnetic Fields (EMF) Project in 1996
to assess the effects of exposure to EMF on human health
and the environment. We will keep in view its
developments and findings.
End
21. Recall of medical reagent
*************************
Following is a question by the Hon Tang Siu-tong and
a reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
It is reported that 108 Hong Kong people have been
injected with a medical reagent possibly contaminated by
the pathogen which causes Creutzfeldt-Jakob Disease (the
human form of mad cow disease) and thus have the
possibility of contracting the disease; and that the UK
manufacturer concerned asked the supplier in Hong Kong to
recall the product at the end of last year. In this
connection, will the Government inform this Council:
(a) whether it knows why the Hospital Authority did
not announce this case until January 22 this year;
(b) whether, since the recall of the reagent by the
relevant supplier at the end of last year, any person has
been injected with the reagent in Hong Kong;
(c) whether it will compensate the persons injected
with the reagent, or help them seek compensation from the
manufacturer or supplier;
(d) of the examining and monitoring mechanism on the
safety of imported reagents and imported medicine, and the
accuracy of their labels; and
(e) of the measures adopted to prevent the
recurrence of similar cases?
Reply:
Madam President,
(a) On January 16, 1998, the Hospital Authority (HA)
learnt from the Department of Health that some of the test
reagents supplied to hospitals in Hong Kong contained
blood contents of a blood-donor who had contracted
Creutzfeldt-Jakob Disease. The HA immediately requested
clarification from the supplier and checked the records of
the supplier and hospitals to ascertain the number of
patients being affected. It initiated to gather the most
up-to-date information about the reagent and Creutzfeldt-
Jakob Disease so as to assess how the incident might
affect the health of the patients concerned and the
general public. The HA then began to contact the patients
affected and, having taken these and other follow-up
actions, announced the case on January 22, 1998.
(b) Among the six hospitals which had used the
reagent that might have been contaminated, five received
recall notices or verbal inquiries from the supplier in
November 1997. Upon receiving such notices and inquiries,
all five hospitals stopped using the reagent. As regards
the remaining hospital, it received neither notice nor
inquiry from the supplier in November 1997 and was not
aware of the issue until January 16, 1998. Between
November 1997 and the time of notification, the hospital
had injected 12 patients with the reagent which might have
been contaminated.
(c) Under the general compensation mechanism, if the
affected patients can prove that the reagent suspected to
be contaminated have caused them harm, they may seek
compensation from the concerned parties through legal
channels. If such patients wish to make a claim against
the supplier or agent, the HA will render assistance,
including gathering information on similar cases and
compiling medical reports for the patients.
(d) Since the test reagent has a pharmaceutical
component and also contains a radioactive substance, it is
subject to the controls of the Pharmacy and Poisons
Ordinance and the Radiation Ordinance.
Under the Pharmacy and Poisons Ordinance, all
pharmaceutical products, including the pharmaceutical
component of this reagent, are required to be registered
before they can be used in Hong Kong. Applications for
registration are assessed by the Department of Health
according to the manufacturing process, safety, quality
and efficacy of the pharmaceutical products. Where
necessary, specimens of a product will be sent to the
Government Laboratory for analysis.
Under the Radiation Ordinance, anyone who intends to
import, possess, store, transport or use any radioactive
substance has to apply to the Radiation Board for a
licence.
To ensure that all pharmaceutical and radioactive
products meet the registration standards or licensing
requirements, the Department of Health collects samples of
pharmaceutical products from pharmaceutical suppliers and
pharmacies for laboratory testing and inspects all places
for legal storage and sale of radioactive substances on a
regular basis.
(e) According to experts' advice, there is no
evidence that Creutzfeldt-Jakob Disease is transmitted by
blood. For those patients who have been injected with the
reagent, the risk of their contracting the disease is
minimal.
Since medical technology at present does not provide
any effective means to screen and determine whether any
pharmaceutical products may have been contaminated by the
causative agent of Creutzfeldt-Jakob Disease, there is
considerable difficulty in ensuring the prevention of
recurrence of similar cases in future. In fact, any
medical process contains a certain degree of risk and
medical staff will strike a balance between the risk of
the patients as well as the risk of the products. If
necessary, we will also explain to the patients about the
risk and we will consult their opinion before we come to a
joint decision.
End
22. Compassionate rehousing on medical or social grounds
****************************************************
Following is a question by the Hon Elsie Tu and a
written reply by the Secretary for Housing, Mr Dominic
Wong, in the Provisional Legislative Council today
(Wednesday):
Question:
Will the Government inform this Council whether it
knows if the Housing Authority will consider giving
priority in the allocation of public housing to those
households receiving a rent allowance under the
Comprehensive Social Security Assistance Scheme, meeting
the eligibility criteria for public housing and having no
likelihood of financial improvement, in order to improve
the living conditions of these households and save the
taxpayers' money?
Reply:
Madam President,
People in need of public rental housing are required
to register on the Waiting List, regardless of whether or
not they receive a rent allowance under the Comprehensive
Social Security Assistance (CSSA) Scheme. Subject to
meeting all eligibility criteria, they will be allocated
flats according to their position on the Waiting List and
the districts chosen by them. This policy ensures that
scarce public housing resources are given to those in
genuine need.
Since rent allowance is provided to CSSA recipients
to meet the cost of their accommodation, giving them
priority in the allocation of public rental housing is
unnecessary and indeed would be unfair to other households
on the public housing Waiting List who are in need but are
not CSSA recipients.
The Housing Authority may, upon the recommendation of
the Social Welfare Department, offer public rental housing
on a compassionate basis to households, including CSSA
recipients, who have an immediate need for rehousing on
medical or social grounds.
End
23. Illegal importation of livestock
********************************
Following is a question by Dr the Hon Yeung Chun-kam
and a written reply by the Secretary for Security,
Mr Peter Lai, in the Provisional Legislative Council today
(Wednesday):
Question:
In connection with the illegal importation of
livestock into Hong Kong, will the Government inform this
Council:
(a) whether the Customs and Excise Department has
seized any illegally-imported livestock over the past
year; if so, of the types and numbers thereof;
(b) how it handled the livestock thus seized; and
(c) whether it has considered reviewing the relevant
legislation to increase the penalty, so as to deter the
public from importing livestock into Hong Kong illegally?
Reply:
Madam President,
In 1997, the Customs and Excise Department (C&ED)
seized a total of 678 live pigs and 85 live chickens that
were illegally imported into Hong Kong.
If the C&ED found any undeclared livestock to be
imported illegally into Hong Kong, they will seize and
forfeit the livestock in accordance with the provisions in
the Import and Export Ordinance (Cap. 60) and hand them
over to the Agriculture and Fisheries Department (AFD).
Likewise, if visitors declared to have brought livestock
into Hong Kong, Customs Officers will request AFD to
follow up. Livestock forfeited are generally auctioned by
AFD while the ailing and tortured ones are humanely
destroyed.
The Import and Export Ordinance provides that a
person importing any cargo (including livestock and birds)
into Hong Kong is required to make a declaration. Anyone
found to have breached the provision will be charged with
"importing unmanifested cargo" under section 18(1)(a) of
the Ordinance and is liable on conviction to a maximum
penalty of a fine of $2 million and imprisonment for seven
years.
Any person importing any animal into Hong Kong
without a permit will be prosecuted by AFD in accordance
with section 11 of the Rabies Regulation (Cap. 421,
subsidiary legislation) and is liable on conviction to a
maximum penalty of a fine of $50,000 and imprisonment for
one year. Any person importing any bird into Hong Kong
without a valid health certificate issued by the competent
veterinary authority of the exporting country will be
prosecuted by AFD pursuant to section 7A of the Public
Health (Animals and Birds) Regulation (Cap. 139,
subsidiary legislation) and is liable on conviction to a
fine of $25,000.
We believe that the penalties mentioned above have a
deterrent effect on those who intend to smuggle livestock
and birds into Hong Kong. We will review the legislation
concerned in future if we find the penalties no longer
adequate for effective deterrence.
End
24. Pricing of life saving medicines
********************************
Following is a question by Dr the Hon C H Leong and a
written reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
Will the Government inform this Council whether there
are any rules or regulations governing the pricing of life
saving medicines, particularly those produced by only one
manufacturer, to ensure that the prices of such medicines
are affordable to members of the public; if not, whether
it will consider introducing such rules or regulations?
Reply:
President,
We do not presently have any rules or regulations to
control the pricing of medicines. Hong Kong has always
pursued a policy of free market and we do not consider it
appropriate to introduce such rules or regulations. In
this connection, it may be noted that the local population
have easy access to public medical services, and our
hospital fee of $68 per day in general wards and our
charges of $37 and $44 per attendance in the general out-
patient and specialist out-patient clinics cover the
provision of medicines required by the patients.
End
25. Progress on Primary Health Care services
****************************************
Following is a question by the Hon Hui Yin-fat and a
written reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
Chapter 5 of the Report of the Working Party on
Primary Health Care published by the Government in 1990
contains a number of recommendations on immunization,
control of communicable diseases, and maternal and child
health services. In this connection, will the Government
inform this Council of:
(a) the effectiveness of the measles immunization
programme launched for Primary One school children;
whether it has reviewed the implementation of the
programme; if so, what the results are;
(b) the progress to date of the measles immunization
programme implemented by the authority since last summer
vacation for the 1.2 million people aged 19 or below;
among these people, how many have already been vaccinated;
whether and how it will encourage those who have not been
vaccinated to undergo vaccination;
(c) the progress of implementing the three
recommendations on improving the control of communicable
diseases; and
(d) the progress of implementing the three
recommendations on improving maternal and child health
services?
Reply:
Madam President,
(a) Since 1989, the Department of Health has
initiated a measles immunization mop-up programme for
Primary One students. The programme has covered 99% of
its target population. Annual evaluation has been
conducted, which has indicated that the measles
immunization mop-up programme has been effective in
preventing children from getting infected by the disease.
(b) The Department of Health launched a Special
Measles Immunization Campaign during July to December
1997, aiming at persons aged one to 19. About 1,100,000
persons received vaccination from the Department during
the campaign, constituting about 77% of the target
population. For those who did not turn up at the
Department's centres for vaccination, some might have
received vaccination from private practitioners, while
some others might already have had two doses of measles
vaccines or natural measles rendering them unnecessary to
receive further vaccination. The remainders may approach
the Regional Offices of the Department of Health to make
arrangements for vaccination.
(c) The Department of Health has made progress on
the three recommendations contained in the "Working Party
Report" for improving control of communicable diseases,
namely: (1) to enhance the measles vaccination programme,
(2) to enhance public health education on vaccination and
disease surveillance, and (3) to keep immunization
schedule under regular review.
Regarding the proposal to enhance the measles
vaccination programme, details have been set out in
paragraphs (a) and (b). As regards the proposal to
enhance public health education and disease surveillance,
the Department of Health has, over the years, repeatedly
reminded the public of the importance of vaccination, and
has commenced publishing the Public Health and
Epidemiology Bulletin since 1992, distributing them free
of charge to all registered doctors and dentists in Hong
Kong. In 1994, the Quarantine and Prevention of Disease
Ordinance (Cap 141) was amended to bring in five new
notifiable diseases. The Department has regularly
consulted the Advisory Committee on Immunization on
vaccination matters. The manpower of the epidemiology
unit of the Department has also been strengthened to cope
with the workload.
(d) The three recommendations listed in the Report
of the Working Party on Primary Health Care concerning
maternal and child health services have all been
implemented. Details are set out below:-
(1) The proposal of providing oral health education
and counseling at Maternal and Child Health Centres has
been implemented since 1992. From the same year, oral
health education has been included in the curriculum of
the School of Public Health Nursing.
(2) The Department of Health has implemented the
proposed individual health record system at Maternal and
Child Health Centres since 1993. Individual Child Health
Records have been issued for babies attending services at
the Maternal and Child Health Centres. The records are
kept by the parents.
(3) The proposed introduction of Woman Health
service under the Family Health service has been
implemented. Since 1994, the Department of Health has set
up, by phases, three Woman Health Centres, providing
health education, counseling, physical examination and
investigations to help attending women to preserve health
and prevent diseases.
End
26. Continuing and long-term need for interim housing
*************************************************
Following is a question by the Hon Law Cheung-kwok
and a written reply by the Secretary for Housing,
Mr Dominic Wong, in the Provisional Legislative Council
today (Wednesday):
Question:
Does the Government know:
(a) the original policy and scale of construction
formulated by the Housing Authority on the provision of
interim housing; and
(b) whether there have been any significant changes
in the policy and scale of construction so far; if so, the
reasons for and the details of the changes?
Reply:
Madam President,
There is a continuing and long-term need for interim
housing to accommodate people who do not qualify for
public rental housing but require shelter, for example, as
a result of clearance operations. Traditionally, wooden
structures in Temporary Housing Areas (THAs) have met this
need. In 1993, there were 55 THAs in the territory. As
a result of the Housing Authority's massive public housing
construction programme, only 17 THAs, accommodating some
16,000 persons, remain today. All THAs will be phased out
by 2000.
In future, permanent flats of a reasonable quality in
high-rise buildings, known as Vertical Interim Housing
(VIH), will be used to meet demand for interim housing.
Construction work on one such project in Tuen Mun has
begun, and another site in Tin Shui Wai has been
identified. These two projects will provide about 15,000
interim housing units.
To increase the supply of interim housing in the
short-term, three old public rental housing blocks in Kwai
Chung have been refurbished to accommodate some 7,000
persons. In addition, some 900 experimental low-rise
prefabricated interim housing units will be available in
Sai Kung and Yuen Long by mid-1998.
End
27. Wide range of health promotion programmes implemented
*****************************************************
Following is a question by the Hon Hui Yin-fat and a
written reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
The Report of the Working Party on Primary Health
Care (the Report) published by the Government in 1990 had
put forward three policy directions in respect of health
education: the adoption of a well-defined policy,
systematic planning, and the setting of priority in
various areas in respect of health education and
promotion. Some other related recommendations had also
been made in the Report. In this connection, will the
Government inform this Council:
(a) of the present policy on health education and
promotion; whether the policy has met the various targets
as recommended in the Report;
(b) how systematic planning can be adopted for
educating the public on a healthy lifestyle and self-care;
(c) whether priority has been given to certain areas
in health education; if so, what the specific details are,
and how the Government is pushing ahead with the work; and
(d) of the progress to date in the implementation of
the recommendation to strengthen mental health education
both at the undergraduate and postgraduate level in
medical education?
Reply:
Madam President,
(a) Our aim on health education and promotion is to
educate, promote and empower the community to lead a
healthy lifestyle and enjoy better health. The Department
of Health plans different public health education
programmes based on objective medical data and findings.
In addition to the health education programmes for the
general public, the Department draws up specific
programmes for different age groups and special emphasis
has been given to health education for children. These
measures are in line with the recommendations contained in
the Report of the Working Party on Primary Health Care
published in 1990.
(b) The Department of Health has adopted a
systematic approach in the planning for educating the
public on a healthy lifestyle and self-care. By making
reference to local epidemiological and relevant medical
information, the Department sets the priorities and plans
corresponding health promotion programmes. Input has also
been sought from experts and the community for adjusting
health education strategies and reviewing programme
effectiveness for specific health problems.
(c) The leading causes of death in Hong Kong are
cancer, coronary heart disease and stroke. A healthy
lifestyle is the most effective way to prevent these
diseases. Hence, the Department of Health has always
given priority to the promotion of a healthy lifestyle in
its education programmes, no matter they are for the
community at large or for certain high risk groups. The
Department promotes different health-related messages to
the community, such as reminding the public of the
importance of balanced diet and regular exercise, and of
the adverse health impact brought about by unhealthy
habits such as smoking, alcoholism and drug abuse.
Other than the health promotion programmes of the
Student Health Service, Woman Health Service and Elderly
Health Service, as well as a wide range of activities held
by the Department, the Department of Health also organises
other promotional programmes in collaboration with
community organisations, such as exhibitions, health
talks, health promotion training, etc. The Department
disseminates health messages through various media, such
as newspapers, periodicals and Internet homepage.
(d) To strengthen mental health education, the local
medical education curricula, including those at the
undergraduate level, for specialist training in family
medicine and for continuing medical education, all include
studies on caring for patients' mental health problems
brought about by psycho-social factors.
End
28. Memorandum of Administrative Arrangements with UC
*************************************************
Following is a question by the Hon Chan Choi-hi and a
written reply by the Secretary for the Treasury, Mr Kwong
Ki-chi, in the Provisional Legislative Council today
(Wednesday):
Question:
Will the Government inform this Council whether:
(a) it has any plan to review the Memorandum of
Administrative Arrangements signed in 1973 between the
Government and the Urban Council at that time; if so, when
the review will be conducted; if not, why not;
(b) it has considered lowering the service fees that
government departments are currently charging the
Provisional Urban Council (such as the 16 per cent on-cost
charged by the Architectural Services Department); and
(c) it has considered revising its current funding
policy to the Provisional Urban Council from an allocation
amounting to 2.6 per cent of the urban area rates to an
annual fixed-sum allocation?
Reply:
(a) We are now reviewing the structure of district
organisations which may lead to changes in the present
administrative arrangements between the two Municipal
Councils and the Government. Pending the outcome of the
review, we have no plans at present to review the existing
Memorandum of Administrative Arrangements (MAA) with the
Provisional Urban Council.
(b) As part of the financial and accounting
arrangements laid down in the MAA, the Provisional Urban
Council has to pay the Government for all services
provided to it by government departments. The basis of
charging in respect of the types of government services
provided is set out in the MAA. Unless otherwise
specified, the Provisional Urban Council has to pay
Government the full cost of the services provided. The
departments concerned will review regularly the cost of
providing the service. The 16 per cent on-cost charged by
the Architectural Services Department for building works
undertaken for the Provisional Urban Council reflects the
full cost of the service provided. This on-cost rate was
reviewed by the Architectural Services Department in
conjunction with the two Municipal Councils in 1996 and
was considered reasonable. We have no plans to revise it.
(c) The review of the structure of district
organisations may have implications on the funding aspect
of the Municipal Councils. Pending the outcome of the
review, we have no plans at present to alter the existing
rates financing arrangements for the two Municipal
Councils.
End
29. Government's long-term target of building 85 000 flats a year
*************************************************************
Following is a question by the Hon Eric Li and a
written reply by the Secretary for Housing, Mr Dominic
Wong, in the Provisional Legislative Council today
(Wednesday):
Question:
The Government has committed that as from the year
1999-2000, 85,000 news flats will be provided each year,
including about 35,000 flats to be built by private
developers. In this connection, will the Government
inform this Council:
(a) whether it plans to impose compulsory
administrative measures on private developers in order to
achieve the production target;
(b) if so, the measures involved and how to avoid
intervention of the free market economy; and
(c) if not, how the above-mentioned production
target can be achieved?
Reply:
Madam President,
The Government's target of building 85,000 flats a
year, starting in 1999-2000, is a long-term one to meet
the future needs of the community for affordable housing.
The Government is fully committed to building 50,000
flats a year in the public sector to meet estimated
requirements.
Of the 35,000 flats a year to be provided by the
private sector, some will come from redevelopment and
lease modification, and some from new land sold by the
Government. It is accepted that the actual number of
flats produced in any particular year will vary, depending
on market demand and commercial decisions taken by private
developers. The Government has no plan to impose further
administrative measures on private developers. On the
other hand, the Government does not wish to see sharp
fluctuations in prices. Our policy objective is to
provide adequate housing supply to meet community needs,
with a view to stabilising prices at an affordable level.
The Government has streamlined its administrative
procedures to facilitate private sector flat production,
and will implement its land disposal programme flexibly,
taking into consideration market demand. Additional land
will be put onto the market when demand so justifies.
Action on land formation and construction of supporting
infrastructure and community facilities will proceed on
schedule.
These initiatives will make it possible for private
developers, subject to market developments, to produce
35,000 flats a year in the long-term to meet estimated
requirements.
End
30. Complaints handled by CAPO
**************************
Following is a question by the Hon Chan Choi-hi and a
written reply by the Secretary for Security, Mr Peter Lai,
in the Provisional Legislative Council today (Wednesday):
Question:
Will the Government inform this Council of:
(a) the number of complaints received by the
Complaints Against Police Office (CAPO) each year since
1992, and of the complaints received in each year:
(i) the number of cases subsequently withdrawn on
the complainant's own initiative and the main reasons for
the withdrawal;
(ii) the number of cases which were not pursuable
and the main reasons for not pursuing the cases;
(iii) the number of cases which were investigated
with substantiated results, the proportion of these cases
to the total number of complaints received in the year,
and the disciplinary actions taken against the police
officers concerned;
(iv) the number of cases which were further
investigated by the CAPO as directed by the Independent
Police Complaints Council (IPCC), and the proportion of
these cases to the total number of complaints received in
the year; and
(b) the mechanism in place to ensure that the IPCC
is monitoring matters relating to complaints against the
police in an independent and effective manner?
Reply :
Madam President,
(a) The number of complaint cases received by the
Complaints Against Police Office (CAPO) in 1992-1997 are
as follows:
1992 1993 1994 1995 1996 1997
3,229 3,367 3,084 3,448 3,309 2,939
Complaints against Police officers are dealt with by CAPO,
which is a unit separate from the rest of the Police Force
under the Commissioner of Police, but monitored and
reviewed by a civilian body, the Independent Police
Complaints Council (IPCC). The results of CAPO
investigations are subject to vigorous scrutiny by the
IPCC before they are endorsed. Figures in respect of
investigations endorsed by the IPCC instead of complaints
received by CAPO in 1992-1997 are therefore used in
answering part a(i)-(iii) of this question. As a
complaint case may contain several allegations, the
statistics in Annex A is therefore compiled on the basis
of allegations.
(i) The number of "withdrawn" allegations endorsed
by the IPCC in 1992-1997 is highlighted at Annex A. There
are well established procedures in CAPO governing
withdrawal of complaints. The investigator will ascertain
from the complainant the reason for withdrawing the
complaint. Whenever the investigator feels that a
complaint which is being withdrawn is likely to be
substantiated, he will advise the complainant that,
notwithstanding the withdrawal, the enquiry may be
continued. The reasons most commonly quoted by
complainants for withdrawal are -
(a) the complaint is very minor in nature and is
made merely in the heat of emotion;
(b) the main purpose of making the complaint is to
bring the issue to the attention of a senior Police
officer only; or
(c) the complainant does not want to spare time to
assist in the investigation.
(ii) The number of allegations endorsed by the IPCC
in 1992-1997 which are classified as "not pursuable" are
highlighted at Annex A. The main reasons which are not
pursuable are:
(a) based on the information provided by the
complainant, the identity of the complainee(s) cannot be
ascertained; or
(b) it has not been possible to obtain the co-
operation of the complainant e.g. the complainant declines
to make a statement.
(iii) The number of "substantiated" allegations
endorsed by the IPCC in 1992-1997 in relation to the total
number of allegations endorsed by the IPCC are highlighted
at Annex A. The details of the disciplinary actions taken
against the officers concerned are at Annex B.
(iv) The number of results of CAPO investigations
which were changed as a result of queries raised by the
IPCC in 1992-97 are as follows:
1992 1993 1994 1995 1996 1997*
No. of queries 231 341 280 442 414 538
raised by the
IPCC
No. of results of 31 33 24 35 48 32
investigations
which were changed
in response to
IPCC's queries
*provisional figures
(b) The Police complaints system is one with checks
and balances. The IPCC is responsible for monitoring and
reviewing investigations of complaints against Police
conducted by CAPO. It consists of non-official members
appointed by the Chief Executive from a wide spectrum of
personalities from the community. When examining the
investigation reports, the IPCC can ask CAPO to clarify
areas of doubt or even request CAPO to reinvestiage a
complaint if it is not satisfied with the results of the
investigation. If the IPCC are still not satisfied with
CAPO's reinvestigation, it can draw a case to the
attention of the Chief Executive with its own
recommendations. In discharging its duties, the IPCC can
also interview witnesses including the complainants, the
complainees and professionals such as forensic
pathologists for expert advice. In addition, through the
IPCC Observer Scheme, IPCC Members can conduct scheduled
and surprise observations of CAPO investigations in
persons.
We have spared no effort in improving the present
system. Arising from an independent reveiw of CAPO
procedures and a comparative study of overseas police
complaint systems, we are implementing a total of 48
improvement measures to further enhance the transparency
and credibility of the Police complaints system, for
example, the IPCC has set up a special panel to monitor
serious cases on which it will submit its findings in a
special report to the Chief Executive.
The Police complaints system in Hong Kong is not out
of step with other overseas police jurisdictions. Indeed,
we are one of the few Asian territories where complaints
against Police are subject to the oversight of a civilian
body. We are, however, not complacent and will continue
our efforts to further enhance the system.
Annex A
-------
Results of Investigations endorsed by the IPCC in 1992-
1997
Results of
Investigations 1992 1993 1994 1995 1996 1997*
(1) Allegations
fully investigated
Substantiated/
Substantiated
other than 83 131 105 133 113 122
reported <2%> <2.7%> <2.5%> <2.9%> <2.2%> <2.7%>
Not fully
substantiated 16 28 18 23 38 43
Unsubstantiated/
Curtailed 933 771 613 720 804 780
False 52 73 52 70 100 301
No fault 114 116 87 118 116 131
Sub-total: 1198 1119 875 1064 1171 1377
(2) Allegations not
fully investigated
Withdrawn 1362 1465 1116 1246 1496 1430
Not pursuable 1223 1541 1588 1591 1413 697
(3) Informal
Resolution 363 687 569 732 972 970
Total: 4146 4812 4148 4633 5052 4474
* provisional figures
<> figure in bracket denotes percentage to total
allegations made
Annex B
-------
Criminal/Disciplinary Proceedings and Internal Action
Taken by Police in respect of Cases Endorsed by IPCC in
1992-1997
For "substantiated" complaints:
-------------------------------
No. of Officers
1992 1993 1994 1995 1996 1997*
(1) Result of
criminal proceedings
instituted
Sentenced to
imprisonment 2 0 1 10 2 1
Awarded suspended
sentence 0 0 1 2 0 0
Acquitted/case
dismissed 3 2 7 11 9 0
Government offered
no evidence 1 0 0 0 3 0
Sub-total: 6 2 9 23 14 1
(2) Result of
disciplinary
proceedings instituted
Dismissed 0 2 0 0 1 0
Warned for
dismissal 1 1 1 0 1 0
Reverted in rank 0 1 0 0 0 0
Severe reprimand 4 5 3 3 0 0
Reprimand 3 3 7 6 4 0
Cautioned 10 13 12 9 7 0
Conviction recorded
but no punishment 0 0 1 1 0 0
Acquitted 2 1 7 15 6 0
Results pending 0 0 0 19 4 1
Others 0 0 0 2 0 0
Sub-total: 20 26 31 55 23 1
(3) Action by
Formation Commanders
Warning with
entry in Record
of Service 1 3 5 8 2 0
Advice given to
police officers
concerned 58 93 63 64 88 12
Sub-total: 59 96 68 72 90 12
Total: 85 124 108 150 127 14
* provisional figures
End
31. Hospital services and facilities in Yuen Long
*********************************************
Following is a question by the Hon Tam Yiu-chung and
a written reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
While the population of the Yuen Long District is as
many as 350,000, the only hospital in the District, namely
the Pok Oi Hospital, does not provide general medical
services and has only 400-odd beds. In this connection,
will the Government inform this Council whether it is
aware of any plan on the part of the Hospital Authority to
improve hospital services and facilities in the Yuen Long
District, for example, by redeveloping the premises of the
Pok Oi Hospital in order to increase the number of beds
there, or building a new hospital?
Reply:
Madam President,
Public hospital services in Hong Kong are provided on
a regional cluster basis. At present, Yuen Long residents
are served by the cluster of public hospitals in New
Territories North. The three general hospitals in the
cluster, namely, Pok Oi Hospital, Tuen Mun Hospital and
Fanling Hospital, provide altogether about 1,700
(excluding psychiatric) general beds, of which about 100
were put into operation in Tuen Mun Hospital only in the
past six months.
To cope with the increasing demand for medical
services arising from population growth in New Territories
North, the Hospital Authority (HA) has, as early as 1993,
started the planning and construction of North District
Hospital, which will provide about 600 more beds for the
cluster. The construction of this acute general hospital
has been completed and it will come into operation by
phases, commencing the end of this month.
For the long term, HA is conducting a review of the
demand for hospital beds in Hong Kong. The outcome of
this review will help us ascertain if there is a need for
expanding and renovating Pok Oi Hospital, or even for
building a new hospital in New Territories North.
End
32. Personal data of HK citizens kept by the Police
***********************************************
Following is a question by the Hon Ma Fung-kwok and a
written reply by the Secretary for Security, Mr Peter Lai,
in the Provisional Legislative Council today (Wednesday):
Question:
Will the Government inform this Council:
(a) of the types of personal data in respect of Hong
Kong citizens stored in the computer databases of the
Police Force;
(b) whether, for the purpose of protecting the
privacy of individuals, any guidelines on the procedures
for access to such data by police officers have been laid
down by the Police Force; if so, what the procedures are;
and
(c) whether there were any cases in the past three
years in which police officers were suspected of making
unauthorised use of such data to assist the investigations
of private detective agencies; if so, the number of such
cases and the findings of police investigations; and what
disciplinary actions have been taken against the police
officers confirmed to have made such unauthorised use?
Reply:
Madam President,
(a) The Police Force holds the following types of
personal data -
(i) operational records, for example, personal data
collected from individuals during natural disasters;
(ii) traffic records;
(iii) criminal investigation records;
(iv) licensing records;
(v) criminal conviction records; and
(vi) employment-related records on serving & former
staff.
(b) As an user of personal data, the Police Force
are bound by the provisions of the Personal Data (Privacy)
Ordinance (PDPO). In compliance with the PDPO, the
following guidelines and principles are adopted:
(i) personal data will only be collected for lawful
purposes, directly related to a function or activity of
the Police Force, by lawful and fair means. The
collection will only be sufficient for, and not excessive
in relation to, those purposes;
(ii) all practicable steps will be taken to ensure
that personal data is accurate, retained only for as long
as is necessary, and are protected against unauthorised or
accidental access. Each computer data system has
different access control. Different log-in mechanisms and
audit trail logs have been set up to prevent unauthorised
access to or abuse of personal data held; and
(iii) the use, including disclosure or transfer, of
the data shall be for the purpose for which it was
collected or for a directly related purpose, unless
prescribed consent from the data subject is obtained, or
an exemption under Part VIII of the PDPO is applicable.
(c) In the past three years, there has been one
Police Inspector and one Sergeant disciplined as a result
of their causing checks to be made in the Police Force
computer systems on behalf of a private investigation
agency. A recommendation has been forwarded to the Chief
Executive to dismiss the Inspector. In respect of the
Sergeant, the Police Force Discipline Officer has ordered
a rehearing which has been put on hold, pending the
outcome of the Sergeant's written appeal to the
Commissioner of Police.
End
33. Mechanism in place to prevent the abuse of CSSA
***********************************************
Following is a question by the Hon Henry Wu and a
written reply by the Secretary for Health and Welfare,
Mrs Katherine Fok, in the Provisional Legislative Council
today (Wednesday):
Question:
It is learnt that the number of fraud cases involving
the use of forged rent receipts and other fraudulent
practices to obtain Comprehensive Social Security
Assistance (CSSA) payment has been on an upward trend. In
this connection, will the Government inform this Council
of:
(a) the number of fraud cases involving the use of
forged rent receipts to obtain CSSA payment and the amount
of CSSA payment involved over the past three years;
(b) the types of cases involving the use of other
fraudulent practices to obtain CSSA payment, the number of
each type of such cases and the respective amounts of CSSA
payment involved, over the past three years;
(c) the mechanism in place to prevent the above
fraudulent acts so as to ensure that public funds will not
be abused; and
(d) the existing punitive measures against such
fraudulent acts and whether heavier penalties are needed
to achieve a deterrent effect?
Reply:
Madam President,
(a) The number of fraud cases involving the use of
forged rent receipts to obtain Comprehensive Social
Security Assistance (CSSA) payment for the past three
years is as follows:
Year Number of Cases Amount Overpaid
1995/96 3 26,739
1996/97 2 11,179
1997/98
(Up to 31 December 1997) 10 104,808
(b) Over the past three years, the number of CSSA
fraud cases detected by the SWD is as follows:
Categories of Fraud Cases Year
1995/96 1996/97 1997/98*
Deliberate non-disclosure 9 7 12
or provision of false
information on income or
remuneration gained from
employment
Deception in obtaining 3 2 10
rent allowance
Deliberate non-disclosure 14 2 18
of the period of absence
from Hong Kong
Deliberate non-disclosure 7 4 6
or falsification of the
total value of assets
Others 3 2 2
Total number of cases 36 17 48
Amount overpaid ($) 663,070 673,415 1,155,628
*(as at 31 December 1997)
(c) To prevent abuse, the Social Welfare Department
(SWD) has a set of procedures in place for examining and
reviewing the cases under which each application is
properly investigated and assessed before authorisation is
given. In the course of processing applications or
reviewing cases, each applicant will be required to make a
declaration that the information provided by them is
genuine and are given to understand that they will be
prosecuted if they provide false information with a view
to obtaining assistance. Moreover, applicants' claims are
counter-checked through home visits and contacting his/her
relatives, friends and employers. After investigation,
the case will be referred to a more senior officer for
approval.
Apart from the above, SWD also has the following
mechanisms in place to ensure that CSSA is not abused:
(1) For the purpose of fraud prevention, SWD has set
up a Special Investigation Team to conduct random checks
on different types of cases through home visits. In
1998/99, an additional Special Investigation Team will be
created to step up fraud prevention and investigation.
(2) SWD has also an Internal Committee on Fraud
Cases to examine the reports on individual fraud cases and
recommend prosecution whenever appropriate;
(3) SWD will improve the staffing situation of
Social Security Field Units by creating more than 100
additional posts in 1998/99. Where necessary, more home
visits and random checks will be conducted.
(4) A statement reminding all social security
recipients to report changes is included in the
notification letter informing a recipient of the approval
of his/her social security application.
(5) The requirement to report changes is also stated
in the video tapes on CSSA/SSA Schemes and the Guide to
CSSA.
(d) Any person who obtains CSSA payment either by
deliberately providing false information or by deception
shall, apart from having to make a refund, be liable to
prosecution by the Police under the Theft Ordinance (Cap.
210) with the maximum penalty being ten years'
imprisonment and conviction to be recorded. The penalty
will be decided by the Court according to circumstances of
individual cases. In the past three years (up to December
31, 1997), a total of 6 cases of abuse of social security
assistance were successfully prosecuted and those
convicted were sentenced to imprisonment for four to six
months.
Judging by the number of CSSA fraud cases, such cases
only represent an extremely small proportion of the total
number of CSSA cases (about 0.02%) and there is no
evidence to suggest that the problem is a widespread one.
However, we will closely monitor the situation and will
review the relevant measures as and when necessary.
End
