OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 June 2016 …€¦ · legislative council ─ 29 june...

LEGISLATIVE COUNCIL ─ 29 June 2016

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OFFICIAL RECORD OF PROCEEDINGS

Wednesday, 29 June 2016

The Council met at Eleven o'clock

MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.M., G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H.

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PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE CYD HO SAU-LAN, J.P. THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, S.B.S. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP


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THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE FRANKIE YICK CHI-MING, J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, J.P. DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG


THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU, J.P. DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE ALVIN YEUNG NGOK-KIU MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG


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PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION, AND SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY MR KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT PROF SOPHIA CHAN SIU-CHEE, J.P. UNDER SECRETARY FOR FOOD AND HEALTH CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL


PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure:

No. 104 ─ Correctional Services Children's Education Trust Report by the Trustee for the period from 1st September 2014 to 31st August 2015

No. 105 ─ Airport Authority Hong Kong

Annual Report 2015/16 Report of the Bills Committee on Medical Registration (Amendment) Bill 2016 Report of the Bills Committee on Fire Services (Amendment) Bill 2015 Report of the Panel on Housing 2015-2016 Report of the Panel on Security 2015-2016 Report of the Panel on Information Technology and Broadcasting 2015-2016 Report of the Panel on Environmental Affairs 2015-2016 A Companion to the history, rules and practices of the Legislative Council of the Hong Kong Special Administrative Region Part II ― Conduct of business in the Council and committees Part III ― Partnership with people (together with a covering paper on the Companion)


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ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr Christopher CHUNG will address the Council on the "Report of the Panel on Housing 2015-2016". Report of the Panel on Housing 2015-2016 MR CHRISTOPHER CHUNG (in Cantonese): President, in my capacity as Chairman of the Panel on Housing (the Panel), I submit the report of the work of the Panel for the 2015-2016 Session and give a brief account on several major areas of work of the Panel. In mid-2015, drinking water samples taken from some public rental housing (PRH) estates were found to contain lead that exceeded the reference value of the World Health Organization. The Panel was gravely concerned about the incidents. Members urged the Administration to take various emergency and improvement measures immediately, including providing temporary water supply, installing water filters, replacing water taps and pipes and arranging free blood tests for affected tenants; setting up one-stop service counters stationing social workers thereat; as well as waiving the water charges of households concerned. The Panel has continued to monitor the implementation of the Long Term Housing Strategy. Members noted the Administration has adopted a total housing supply target of 460 000 units for the next 10-year period, 20 000 units lower than the target announced in 2014. The Administration explained that the adjustment was made mainly in response to the latest domestic household projection published by the Census and Statistics Department. The Administration assured members that the supply target for PRH would not be reduced further. Some members cast doubt on the ability of the Hong Kong Housing Authority (HA) to meet the PRH supply target in view of the unsatisfactory progress made so far in PRH construction. The Administration advised that it would endeavour to enhance inter-departmental co-ordination to provide the sites required and to take forward the projects expeditiously. Some members urged the Administration to introduce measures which strive to restore the average waiting time for PRH applicants from the current 3.6 years to three years.


Regarding the current studies by the Housing Department (HD) to convert Shek Lei Interim Housing (IH) for PRH development, the Panel has passed a motion requesting the HA to, in the redevelopment of the IH blocks of Shek Lei Estate, properly rehouse the existing tenants and reserve some of the units for use as IH after redevelopment. The Panel has continued to follow up the issues relating to the handling by the Link Real Estate Investment Trust (the Link) of the facilities divested by the HA. Regarding the plan of the Link to convert Tin Yiu Market into a shopping complex, the Panel has passed a motion opposing the closure of Tin Yiu Market by the Link without consulting the residents, and requesting the HD to increase the number of commercial units in Tin Yiu Estate and consider the use of temporary stalls to provide services to residents. In response to the Administration's view that setting up holiday bazaars at PRH estates may cause environmental hygiene problems, obstruction of public passage and other problems, members generally hold the view that holiday bazaars will not cause prolonged nuisance. The Panel passed a motion urging the HD to expeditiously increase the number of commercial units and set up holiday bazaars in PRH estates so as to counteract the Link's monopoly. Regarding the sales of first-hand residential properties, some members urged the Administration to require that important information in printed advertisements be made reasonably conspicuous to readers. Some other members, however, were concerned whether the existing requirements on advertisements concerned were too stringent. Some members suggested that the Sales of First-hand Residential Properties Authority follow the Consumer Council's practice by making public the details of the cases against which prosecution action may be initiated or cases that warranted attention of prospective purchasers. With respect to the monitoring of the Hong Kong Housing Society (HS), members shared the view that the HS should attend to the wider housing needs of the community by concentrating its business on rental housing and subsidized sale housing. Members also requested the HS to set the rental increase at a rate lower than that of the inflation rate, and introduce rent assistance policy.


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Lastly, President, I would like to take this opportunity to express my gratitude to members of the Panel and colleagues of the Secretariat for their support during the past year. Thank you. PRESIDENT (in Cantonese): Mr IP Kwok-him will address the Council on the "Report of the Panel on Security 2015-2016". Mr IP Kwok-him. Report of the Panel on Security 2015-2016 MR IP KWOK-HIM (in Cantonese): President, in my capacity as Chairman of the Panel on Security (the Panel), I now submit to the Legislative Council a report on the work of the Panel in this Session. As the work of the Panel is already set out in detail in the report, I will only mainly explain some major tasks of the Panel to the Council. The clashes between the Police and the public in Mong Kok in the early hours of 9 February this year triggered wide public concern. The Panel immediately held a special meeting to follow up on how the Police handled riots and maintained social peace. Most members strongly condemned the violent acts involved in the Mong Kok incident. Some members, however, opined that the Police had used excessive force against the participants at the scene. Most members are very much concerned about whether the Police had adequate manpower and equipment for handling similar riots. The Panel passed a motion urging the Administration to increase manpower for handling riots and upgrade police equipment, so as to safeguard the personal safety of members of the public and police officers on duty. The Police stressed that if a riot occurred, the Police's first and foremost task was to take resolute measures to restore public order as soon as possible. Members noted that the number of non-refoulement claimants stranded in Hong Kong has doubled. At various meetings, the Panel discussed the claims handling procedure under the unified screening mechanism and related matters. Some members strongly called on the Administration to speed up the processing of non-refoulement claims, so as to avoid the abuse of the screening procedures. These members considered that the prolonged presence of a growing number of non-refoulement claimants in Hong Kong would result in financial burden and


impact on law and order. Some other members, however, considered that a sympathetic attitude should be adopted towards the claimants. The Administration advised that its priority was to adopt appropriate measures, under the prevailing legal requirements, to intercept illegal immigrants at source and to expedite the screening process to repatriate unsubstantiated claimants to their country of origin as soon as possible. Members also noted that the Administration was conducting a comprehensive review of the strategy in handling the unified screening mechanism in the areas of pre-arrival control, screening procedures, detention and enforcement. In addition, members of the public were concerned about press reports on the detention of missing Hong Kong persons on the Mainland and enforcement actions taken by law-enforcement officers of the Mainland authorities in Hong Kong. At the request of the Panel, the Administration updated members on the implementation of the reciprocal notification mechanism of the SAR Government and the Mainland authorities. Members were informed that since the operation of the notification mechanism, notifications involving more than 9 400 Hong Kong residents had been received from the Mainland side. Apart from the notification mechanism, there was a co-operation mechanism between the police authorities of Hong Kong and the Mainland. The Administration stressed that law-enforcement officers of other jurisdictions were not allowed to take enforcement actions in Hong Kong. President, I so submit. PRESIDENT (in Cantonese): Dr Elizabeth QUAT will address the Council on the "Report of the Panel on Information Technology and Broadcasting 2015-2016". Report of the Panel on Information Technology and Broadcasting 2015-2016 DR ELIZABETH QUAT (in Cantonese): President, in my capacity as Chairman of the Panel on Information Technology and Broadcasting (the Panel), I now submit the report of the Panel for the current Session, and highlight several major items of work of the Panel.


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The Innovation and Technology Bureau was established on 20 November 2015. The Secretary for Innovation and Technology briefed the Panel on the future direction of work of the Bureau and the priority of various initiatives. The Panel supported the direction of work of the Innovation and Technology Bureau and expected the Bureau to play a leading and co-ordinating role in implementing the various major initiatives. The Panel was particularly concerned about the prospect of the re-industrialization of Hong Kong through innovation and technology as proposed by the Innovation and Technology Bureau. Some members raised their queries, saying that the relevant initiatives lacked focus and were out of touch with the present economic reality of Hong Kong. Some members also criticized that re-industrialization failed to provide young people in Hong Kong with a lot of employment opportunities. The Panel noted that Hong Kong's investment in research and development was low compared with the size of its Gross Domestic Product. Members requested the Administration to actively encourage private sector enterprises to engage in research and development, and to commit more resources to encourage small and medium enterprises in the technology sector to use locally developed technological products and services. In this connection, the Administration told the Panel that it intended to set up a $2 billion Innovation and Technology Venture Fund for co-investing with private venture capital funds on a matching basis, so as to support technology start-ups. In addition, the authorities planned to provide a funding of $2 billion to the Innovation and Technology Fund for financing projects under the Midstream Research Programme for universities funded by the University Grants Committee. The Panel was concerned about the cultivation and supply of talent in the technology sector. Some members indicated that given the wide income disparity among different levels of technical personnel in the information technology sector, and the low salary level of front-line technical personnel, it was difficult to induce young people to pursue a career in the sector. Members also opined that the sub-contracting of information technology support services by government departments had contributed to the low salary level of young technical personnel. Members suggested that the Administration should take the lead in reviewing the practice of contracting out such services, and improving the conditions of service of front-line technical personnel.


The Administration briefed the Panel on the plan of building a connected Wi-Fi city. Members were generally supportive of the Administration's objective of building a connected Wi-Fi city. The Administration proposed to allocate $500 million for providing free Wi-Fi services in individual government venues and subsidizing the provision of such services by non-governmental organizations in reading rooms and youth centres for five years. Members advised the Administration to provide free public Wi-Fi services in tourist hotspots with heavy visitor flows and public transport. They also urged the Administration to raise public awareness on cyber security through public education activities, as well as encourage public Wi-Fi service providers to strengthen the security of services. The Administration briefed the Panel on the plan to formulate a blueprint for building Hong Kong as a smart city and the scope of the consultancy study for this purpose. Members supported the relevant plan. Some members indicated that the implementation of the plan of building a smart city involved the co-operation of various government departments, and therefore advised the Innovation and Technology Bureau to play a central co-ordinating role and actively encourage the involvement of the public and major stakeholders in developing a smart city. At the same time, the Government should also raise the levels of public services in terms of the application of information technology. In addition, the Panel held detailed discussions on issues such as enhancing information security, promoting digital inclusion, developing digital economy, and the role of Cyberport in promoting technological development in Hong Kong. The Panel received a briefing on the work of the Administration in these areas. The Panel continued to follow up on the arrangements of handing over the vacated spectrum to Radio Television Hong Kong (RTHK) following the expiry of the free licence of Asia Television Limited (ATV). Members had expressed concerns that ATV still owed its staff salaries. Some members asked the Administration to assist the staff in seeking employment and suggested that RTHK should absorb some of ATV's technical staff to support RTHK's analogue TV services following the expiry of ATV's free TV licence. The Panel received a briefing from the Administration on the development of digital television services of RTHK. Members generally supported the further development of digital terrestrial television services of RTHK, and the funding proposal for procurement of additional production equipment. In


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addition, the Panel held discussions on the development of digital audio broadcasting services. Members were concerned that digital audio broadcasting services had not been as popular as expected, and therefore opined that the Administration should not promote digital audio broadcasting services when such services appeared to be commercially not viable. The Administration briefed the Panel on the work of the Hong Kong Design Centre in 2015. The Panel agreed to the Administration's target of promoting the fashion industry in Hong Kong, and therefore supported the Administration's proposal to provide funding of $18.6 million to the Hong Kong Design Centre. In addition, the Panel received a briefing on the work of Create Hong Kong, and supported the proposal to inject additional funding of $20 million into the Film Development Fund for helping Hong Kong film producers to cover the sales and distributions expenses of Hong Kong-produced Cantonese films distributed on the Mainland. I would like to take this opportunity to thank members for their support for the work of the Panel, and the Secretariat for its assistance. President, I so submit. PRESIDENT (in Cantonese): Mr CHAN Hak-kan will address the Council on the "Report of the Panel on Environmental Affairs 2015-2016". Report of the Panel on Environmental Affairs 2015-2016 MR CHAN HAK-KAN (in Cantonese): President, in my capacity as Chairman of the Panel on Environmental Affairs (the Panel), I submit the report on the work of the Panel for 2015-2016 and briefly highlight several major items of work of the Panel. First, the Panel continued to pay attention to the impact of climate change on Hong Kong. Members urged the authorities to closely monitor the progress of carbon intensity reduction in Hong Kong, and take forward more aggressive strategies to combat climate change for Hong Kong by drawing reference from overseas experience. Besides, members requested the authorities to strengthen the mechanism of collaboration with the Mainland in monitoring regional air


quality. Noting that the authorities had already updated the "Pollutants in the Atmosphere and their Transport over Hong Kong" modelling system, which was used to simulate air quality over the whole Pearl River Delta Region including Hong Kong, members urged the authorities to enhance the transparency of relevant data and analyse the pollution sources in individual districts of Hong Kong, so as to formulate more targeted measures to improve air quality for the districts. Second, the Panel was very concerned about matters relating to fly-tipping of construction waste and illegal land filling, including the existing measures for handling the disposal of construction waste on private land. Members urged the authorities to step up enforcement, and formulate more effective measures such as compulsory installation of the global positioning system on all registered dump trucks with a view to tracking dump trucks and the construction waste transported by them. The Panel also urged the authorities to be more proactive in tackling the problems caused by placement of skips on roadsides or in public places, including introducing a licensing or registration system for skips. Third, when it comes to formulating the Biodiversity Strategy and Action Plan for Hong Kong, the Panel urged the authorities to strike a proper balance between nature conservation and land development, and step up education and publicity to enable the public to have a better understanding of the concept of biodiversity. The Panel also followed up on the latest measures adopted by the authorities to protect endangered species, including requesting the authorities to expedite the drafting of legislation for banning the import and export of elephant hunting trophies, and actively consider banning the local ivory trade. In addition, the Panel repeatedly discussed with the authorities how to combat the illegal felling of incense trees and the smuggling of locally harvested agarwood to the Mainland. Members called upon the authorities to strengthen their joint enforcement operations with the Mainland, and consider whether they should introduce relevant legislation against the illegal felling of incense trees, or impose a trade ban on agarwood products in Hong Kong. President, I would like to take this opportunity to express my gratitude to members of the Panel and the staff of the Secretariat for their co-operation and support over the past year. Thank you, President.


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ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Quality of Dongjiang Water 1. MS CLAUDIA MO (in Cantonese): The annual water supply from Dongjiang (DJ) at Guangdong Province to Hong Kong accounts for almost 70% to 80% of Hong Kong's total demand for water consumption. It has been reported that a local media organization earlier commissioned a university to conduct sample tests on the water quality along DJ River, and the results showed that eight out of 12 water samples contained environmental estrogens, and the level of one type of the estrogens contained in these samples might have exceeded the standards recommended by the European Union, thus exposing the public to potential health hazards. Moreover, it has been reported that the flood gates at the Shawan Interception Point in Shenzhen were opened for discharge of flood water during heavy rain from May to August last year and in May this year, which might have contaminated DJ water. In this connection, will the Government inform this Council:

(1) whether the authorities sent staff to take water samples at different locations and aqueducts in DJ River Basin in the past five years for laboratory tests to ascertain the levels of environmental estrogens in DJ water; if they did, of the results of the laboratory tests; if not, the reasons for that;

(2) whether the authorities will consider, with reference to international

practices, including environmental estrogens in the list of parameters for the routine monitoring of drinking water, as well as setting monitoring standards based on the findings of scientific research, so as to safeguard public health; if they will, of the details; if not, the reasons for that; and

(3) whether the authorities have assessed the impact of the flood

discharge arrangements at the Shawan Interception Point on the quality of DJ water?


SECRETARY FOR DEVELOPMENT (in Cantonese): Good morning, President and Honourable Members. Recently, there was a press report about taking water samples from the Huizhou Section of Dongjiang (DJ), the Taiyuan Pumping Station of DJ, the New Shima River of Tangxia, the Shawan River of Shenzhen and the Shenzhen Reservoir to test for estrogens. According to the report, no estrogen was found in the water samples taken from the DJ Basin relating to water supply to Hong Kong, including the Huizhou Section of DJ, the Taiyuan Pumping Station of DJ (that is, the intake point of the dedicated aqueduct for DJ water supply to Hong Kong) and the Shenzhen Reservoir (that is, the end point of the DJ water supply system). On the other hand, the water samples taken from the New Shima River and the Shawan River were found with estrogens. According to the report, the above-mentioned test results were obtained after concentrating the water samples by 50-fold. There are limitations on this test method. The water samples contained various substances that might offset or reinforce the effects of one another during the concentration process, thus possibly affecting the test results. As such, it is not appropriate to derive the concentration of a specific estrogen compound simply by dividing the test data of the concentrated samples by 50 times. Therefore, we consider that the applicability of the test results is dubious and should not be taken for granted. The New Shima River is a tributary of the DJ and joins the DJ at the downstream of the intake point for supplying DJ water to Hong Kong. Therefore, the water of the New Shima River would not affect the quality of DJ water supply to Hong Kong. As for the Shawan River, it is a tributary of Shenzhen River and normally discharges first into Luofang Sewage Treatment Plant and, therefore, would not affect the quality of DJ water supply to Hong Kong. My reply to Ms Claudia MO's main question is as follows:

(1) While the Water Supplies Department (WSD) has not taken any water sample from the DJ River Basin or the aqueduct for DJ water supply to Hong Kong to test for estrogens, it once tested for environmental estrogens in the water sample taken from the raw DJ water as received in Hong Kong at Muk Wu Pumping Station in end 2012. The laboratory test results did not reveal any estrogen.

(2) According to the "Pharmaceuticals in Drinking-water", a study

report on residual concentrations of pharmaceuticals in drinking water published by the World Health Organization (WHO) in 2012,


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the residual concentrations of pharmaceuticals (including endocrine disrupting chemicals such as estrogens) detected in surface water and groundwater are very low, typically less than 100 ng/l while concentrations in treated drinking-water are usually well below 50 ng/l. The WHO points out the residual concentrations of pharmaceuticals in drinking water are more than 1000-fold less than the minimum therapeutic dosage. The risk to human health arising from exposure to trace concentrations of pharmaceuticals in drinking water is minimal. Therefore, the WHO does not consider it necessary to set down guideline values for residual concentrations of pharmaceuticals in its Guidelines for Drinking-water Quality for the time being.

Routine monitoring programmes for pharmaceutical residues in

water sources and drinking water are also not deemed necessary by the WHO. At present, estrogen concentrations are not listed in the parameters for routine monitoring programmes in the United States and the European Union.

Currently, the treatment facilities of the WSD, including chlorine

oxidation treatment, activated carbon filtration, biofiltration and ozone dosing facilities, and so on, are all capable of removing estrogens in water. In light of the above, the WSD has not adopted any routine monitoring programme for residual concentrations of pharmaceuticals (including estrogens) in drinking water. That said, the WSD will continue to keep in view the latest scientific evidence and developments in this respect internationally as well as the conditions of water quality in DJ Basin and maintain close liaison with the Guangdong authorities over the DJ water supply to Hong Kong. The WSD will also consult the Department of Health as appropriate and regularly review the monitoring requirements for the quality of drinking water to ensure its safety.

(3) The WSD has been paying close attention to the floodwater

discharge of the Shawan Interception Point. On the mainland side, the DJ water supply for Hong Kong passes through the Shenzhen Reservoir before reaching Hong Kong. The Shawan River lies to the north of the Shenzhen Reservoir. Before being polluted by domestic effluent, it was part of the river network that formed the catchment of the Shenzhen Reservoir. Since the completion of the


wastewater interception works at the Shawan in 2003, the Shawan River no longer flows into the Shenzhen Reservoir normally. The only exception is when its water level rises steeply to the alert threshold as a result of a heavy rainstorm during the flood season. The Shenzhen authorities may then need to divert some of the diluted river flow from the Shawan River to its original river channel for discharge into the Shenzhen Reservoir for the sake of public safety.

The WSD regularly collects DJ water samples received at Muk Wu

Pumping Station and various water treatment works for detailed physical, chemical, microbial, biological, radiological and toxicity analyses in order to monitor the water quality. According to the findings of the WSD's regular monitoring work, the DJ water supplied to Hong Kong is of consistently good quality and the average values of various monitoring parameters are in full compliance with the water quality requirements under the agreement of DJ water supply. But certain water quality indicators of DJ water may occasionally deviate from the stipulated values for Type II waters in the Environmental Quality Standards for Surface Water (GB3838-2002) under exceptional circumstances, such as the above-mentioned emergency floodwater discharge at the Shawan Interception Point.

For continuous enhancement of the water quality of DJ water, the

Guangdong and Hong Kong authorities will maintain close liaison and take appropriate measures. The details are as follows:

(i) The Guangdong and Hong Kong authorities have put in place

a notification mechanism for floodwater discharge from the Shawan Interception Point to ensure that the WSD would receive early alert about floodwater discharge and take appropriate measures accordingly, such as stepping up water quality monitoring work and adjusting chemical dosages. This would ensure that all the raw water (including the DJ water) would become fully compliant with the WHO Guidelines in respect of chemical, microbial and radiological quality after treatment at the WSD's water treatment works.


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(ii) The Shenzhen authorities have been actively taking forward a comprehensive remediation project for the water environment of the Shawan River Basin to protect the water quality of the Shenzhen Reservoir. The works include desilting the river channel to improve river water quality; laying sewage pipes and expanding the sewage treatment plant to reduce direct discharge of effluent to the river, and reduce the risk of contamination of the Shenzhen Reservoir by floodwater discharge from the Shawan River, and so on. The whole project will take two to three years to complete. The WSD will continue to follow up with the Guangdong authorities on the status of works for improving the water quality of the Shawan River.

MS CLAUDIA MO (in Cantonese): President, water carries a very strong political message … (Dr KWOK Ka-ki stood up) PRESIDENT (in Cantonese): Dr KWOK Ka-ki, what is your point? DR KWOK KA-KI (in Cantonese): President, a point of order. There is a lack of quorum in the Chamber. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Ms Claudia MO, please continue. MS CLAUDIA MO (in Cantonese): President, water carries a very strong political message. If Hong Kong people are disobedient, we will not be supplied with drinking water. But we are actually paying for DJ water. At present, we


are spending as much as $5 billion each year on buying DJ water and starting from 2023, we may have to pay as much as $7 billion each year. At the end of this year, Hong Kong will sign a three-year agreement with the Guangdong authorities, but the charges for DJ water will not be calculated on the basis of the volume of water consumption. If the Government is not ready to sign an agreement by the end of this year, will it negotiate with the Mainland authorities whether the amount payable can be calculated on the basis of the volume of water consumption before signing the next agreement? It is not only a question of money, but also an issue concerning wastage of water. Please bear in mind that it is the money of Hong Kong taxpayers. If we buy an excessive quantity of DJ water while drinking water from our reservoirs has to be discharged, we are actually acting unfairly towards the Earth and that is immoral. SECRETARY FOR DEVELOPMENT (in Cantonese): President, I thank Ms Claudia MO for the supplementary question. Regarding the mechanism for calculating charges for DJ water, the authorities have earlier given an account at a meeting of the Panel on Development and in replying to Members' questions at the Council meeting. We understand that some Members and other members of the public have suggested that charges for water purchased from the Guangdong authorities should be calculated in terms of quantity. In fact, this is one of the terms for negotiation between the Hong Kong and the Mainland authorities. Before we sign an agreement every three years, we have to explain the method of calculating payment to the public. In formulating the method of calculating payment, we have to take various factors into account. We will take note of Ms Claudia MO's earlier request and will raise it in our future negotiations. That is the first point. Second, Ms MO mentioned earlier that some drinking water was discharged into the sea. We cannot exclude such a possibility. Although flexible arrangements of water supply have been made with the Guangdong authorities, weather conditions can be unforeseeable and under extreme conditions, rainfalls may not be accurately forecasted in some cases. Hence, if heavy rain occurs after drinking water has been delivered to Hong Kong, some water in our reservoirs has to be discharged. Nonetheless, we have tried our best to minimize this situation.


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MR WONG TING-KWONG (in Cantonese): President, since the 1960s of the last century, the Guangdong authorities has been supplying DJ water to us. We are certainly very concerned about the quality of DJ water. It is learnt that more than 10 years ago, the New Shima River was no longer used as an aqueduct for supplying DJ water to Hong Kong, and there is no positive relationship between the Shawan River and our water supply system. Recently, a media organization commissioned a university to conduct sample tests on the water quality along DJ River and estrogens were found in the samples. May I ask whether the authorities will follow up on this non-governmental report, so as to have further understanding of the test method, process and result, and relay the information to the relevant Mainland authorities, take follow-up actions and put forward proposals for improvement? If it is found that the tests conducted by the non-governmental body are incomprehensive and inaccurate in some aspects, will the authorities make a public announcement so as to allay our concerns? SECRETARY FOR DEVELOPMENT (in Cantonese): President, I thank Mr WONG Ting-kwong for the supplementary question. President, as I said in the main reply, the results of the tests conducted by the mass media organization were obtained after concentrating the water samples by 50-fold. The authorities consider the applicability of the test results dubious and should not be taken for granted. In fact, Prof HO Kin-chung commented in the media that by adopting this test method, various substances in the water samples might offset or reinforce the effects of one another during the concentration process, thus affecting the test results. Furthermore, we also noticed that it was also reported in the media report and I quote, "The Government is urged to take reference from the practice of the European Union and include environmental estrogens in the list of parameters for the routine monitoring of water". In fact, after following the matter up, the authorities learnt that in 2012, the European Union had considered whether environmental estrogens should be included in the list of parameters for the routine monitoring of water and in 2013, it decided not to do so, but only included them in the watch list of substances. Therefore, regarding the media report which I mentioned in the main reply, I think that sometimes we should not take the applicability of the test results for granted. Nonetheless, as I said in the main reply, the authorities have also done some follow-up work. Moreover, the authorities of Hong Kong and the


Mainland have put in place a routine monitoring mechanism of water quality which has been effective all along. DR LAM TAI-FAI (in Cantonese): President, after the lead-in-water incident, many members of the community are indeed worried about the safety of drinking water in Hong Kong and how it would affect their health and level of intelligence. Secretary, I understand that at present, DJ water accounts for 70% to 80% of all drinking water in Hong Kong. I certainly understand that DJ water would only be supplied to Hong Kong for consumption if it meets the water quality standard of our country, but the question is some people doubt whether DJ water also meets the water quality standard of the World Health Organization (WHO). President, since Secretary Dr KO Wing-man is in the Chamber now, if the Secretary for Development cannot answer this supplementary question, we can ask Dr KO to answer instead. My supplementary question is very simple. I would like to know whether there is any difference between the water quality standard of our country and that of the WHO. Is the standard of our country lower or higher than that of the WHO? If it is lower, will the health of Hong Kong people be affected after drinking DJ water? Will their level of intelligence be affected? If the Government can assure us that drinking DJ water will not cause any problem to our health, we will not be troubled by this issue. SECRETARY FOR DEVELOPMENT (in Cantonese): President, I thank Dr LAM Tai-fai for the supplementary question. We cannot draw a direct comparison between the water quality standard of our country and that of the WHO. The reason is that the national water quality standard is set according to the Environmental Quality Standards for Surface Water, that is, the quality of water collected from nature. At present, the quality standard adopted for DJ water is the highest of all standards in the country, while the quality standard adopted by the WHO is the standard for drinking water. Is drinking water provided to the public safe for consumption? We will monitor the quality of DJ water supply to Hong Kong and various treatment facilities have also been installed. The quality of drinking water has always been kept under very stringent control. Our conclusion is that both DJ water supplied to Hong Kong and water collected from nature and being treated are safe for consumption.


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DR LAM TAI-FAI (in Cantonese): The Secretary has not answered my supplementary question, or perhaps I fail to comprehend his answer. Is the Secretary saying that there are no standards for testing the quality of drinking water in other countries? Since the Secretary said that the water quality standard of our country cannot be compared with that of the WHO, may I ask how other countries in the world test the safety of their drinking water? PRESIDENT (in Cantonese): Dr LAM, the Secretary has answered your supplementary question. If you wish to raise another question, please wait for your turn. MISS CHAN YUEN-HAN (in Cantonese): President, the lead-in-water incident has aroused the concern of Hong Kong people because drinking water is indispensible in our daily lives. Regarding the question on DJ water raised by Members, I think the supply of DJ water has helped Hong Kong a lot over the past decades, but I would like to stress that the Hong Kong Government should give more thoughts in the process of receiving assistance or building relationship. This year, some Members of the Legislative Council visited Singapore to study the supply of water. We are impressed because … PRESIDENT (in Cantonese): Miss CHAN, please state your supplementary question as concise as possible. MISS CHAN YUEN-HAN (in Cantonese): Yes. In the past, due to a lack of drinking water, Singapore had to rely on Malaysia for supply. At present, Singapore has reclaimed water, natural water desalinated water, and it will also purchase water. It has solved the problems one after another and is now basically self-reliant in water supply. I am not suggesting that Hong Kong should find alternative sources of water supply to completely replace DJ water, but that does not mean that we should not be prepared to do so, I think … PRESIDENT (in Cantonese): Miss CHAN, please state your supplementary question.


MISS CHAN YUEN-HAN (in Cantonese): President, apart from relying on DJ water, and we now certainly have desalination facilities, may I ask the Secretary whether Hong Kong has adopted any other preparatory measures? Has the Government given any thoughts on what it will do, for example, in the event of natural disasters or a war? Is there a need for us to consider the matter from these perspectives? PRESIDENT (in Cantonese): Miss CHAN, the main question concerns the quality of DJ water and in particular, the problem of estrogen concentrations. Your follow-up question concerns issues which are not closely related to the main question. Let us see how the Secretary will reply. SECRETARY FOR DEVELOPMENT (in Cantonese): President, I thank Miss CHAN Yuen-han for the supplementary question. At present, DJ water accounts for 70% to 80% of the supply of drinking water in Hong Kong. As an accountable government, we have to find new sources of water supply and in view of the global climatic changes, we have to adopt some risk management measures. Therefore, we will be building a desalination plant in Tseung Kwan O. After the completion of the two phases of works, drinking water produced by the plant will account for 10% of all drinking water of Hong Kong. Earlier, some Members of the Legislative Council have asked whether the above-mentioned percentage can be increased such that the water produced by the plant can replace DJ water. Regarding desalination of sea water, I would like to tell Members that first, the location selected for building a desalination plant is important because the sources of sea water collected must be clean. Second, the effluent produced by desalination will have certain effects on the ecosystem. Considering the current situation of Hong Kong, it is not possible to replace DJ water entirely by desalinated sea water. We will further consider the matter after the commissioning of the Tseung Kwan O Desalination Plant. Furthermore, we are using reclaimed water and reused grey water as far as possible in some newly developed districts. MR LEUNG CHE-CHEUNG (in Cantonese): President, as DJ water has been supplied to Hong Kong since 1960s, Hong Kong people do not have to worry about water supply. However, owing to natural disasters and droughts on the Mainland a few years ago, restrictions were imposed on Shenzhen residents


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regarding water consumption. On the other hand, we did not have any problem since DJ water was supplied to Hong Kong, but the arrangements caused dissatisfaction among Shenzhen residents. In the long term, will it be best to rely on DJ water as the main source of drinking water in Hong Kong? Certainly, we cannot go without DJ water, but given the situation in Hong Kong, can the authorities keep some rain water for use? Apart from collecting rain water in the existing reservoirs, will the Government consider collecting rain water in some low-lying coastal areas so as to reduce the consumption of DJ water? Does the Government have any plans to do so? SECRETARY FOR DEVELOPMENT (in Cantonese): President, I thank Mr LEUNG Che-cheung for the supplementary question. As Hong Kong people, we have to thank the Guangdong authorities for their continuous supply of DJ water to Hong Kong, but as pointed out by Mr LEUNG Che-cheung just now, we have to stay vigilant and take precautions. Thus, I have mentioned desalination of sea water earlier. Regarding whether the authorities will collect rain water in some low-lying areas and supply it to the public after treatment, we do not have such plans at the moment. The reason is that apart from collecting rain water in low-lying areas, we have to protect the surrounding areas. Considering the high intensity of development in our community, a number of areas have already been reserved for this purpose. If these areas are to be further extended, it will pose big challenges to development and the environment. PRESIDENT (in Cantonese): This Council has spent more than 24 minutes on this question. Second question. Healthcare Services in New Territories East Cluster (Dr KWOK Ka-ki stood up) PRESIDENT (in Cantonese): Dr KWOK Ka-ki, what is your point?


DR KWOK KA-KI (in Cantonese): President, a point of order. I think a quorum is not present in the Chamber. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Mr CHAN Hak-kan, please ask your main question. 2. MR CHAN HAK-KAN (in Cantonese): President, some residents of New Territories East have relayed to me the short supply of healthcare services in the New Territories East Cluster. The projected number of general hospital beds per 1 000 persons in the cluster in 2021, calculated on the basis of geographical population of catchment districts, is 2.7, which is lower than the overall 3.1 beds of the Hospital Authority (HA). In 2015-2016, the inpatient bed occupancy rates of North District Hospital and Alice Ho Miu Ling Nethersole Hospital (Nethersole Hospital) under the cluster were as high as 92% and 84% respectively. The respective numbers of doctors in the Accident and Emergency (A&E) departments of the two hospitals only remained at 20 and 24 in the past three years, and such manpower was tighter than that of the A&E departments of the hospitals under other clusters. In this connection, will the Government inform this Council:

(1) given that the obstetrics and gynaecology (O&G) department and the paediatrics and adolescent medicine department in North District Hospital currently provide only midwifery clinic service and outpatient service respectively but not inpatient service, and Nethersole Hospital does not provide O&G service at present, whether the authorities have assessed the existing situation of residents of the North and Tai Po Districts seeking medical consultation at hospitals in other districts in respect of the services not provided by these two hospitals; if they have, of the number of persons concerned;


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(2) whether it knows if HA has considered expanding the staffing establishment of doctors in the A&E departments of North District Hospital and Nethersole Hospital; if HA has, of the details; if not, the reasons for that; and

(3) given that HA has included the expansion of North District Hospital

into its 10-year hospital development plan, of the latest progress and implementation timetable of the expansion plan; whether it knows if HA has currently adopted any short, medium and long term measures to lower the inpatient bed occupancy rate in North District Hospital; if HA has, of the details; if HA has not, the reasons for that; whether the authorities will consider expanding Nethersole Hospital; if they will, of the details; if not, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, my reply to Mr CHAN Hak-kan's question on the supply of healthcare services in the New Territories East Cluster (NTEC) of the Hospital Authority (HA) is as follows:

(1) The HA plans its services on a cluster basis. To ensure that resources can be used effectively, and the service volume of individual specialties in a hospital can help the healthcare personnel accumulate sufficient clinical experience so as to guarantee service quality, the types of services provided by hospitals in individual cluster vary and complement each other. This arrangement serves to provide comprehensive and appropriate services for the residents in the cluster.

As for NTEC, the three acute hospitals in the cluster, namely the

Prince of Wales Hospital, North District Hospital and Alice Ho Miu Ling Nethersole Hospital (Nethersole Hospital), collaborate with other extended care hospitals in the cluster to provide comprehensive services for the residents of New Territories East.

As for obstetric services, the provision of obstetric in-patient and

out-patient services of NTEC are concentrated at Prince of Wales Hospital. The HA's Expert Committee on Obstetrics and Gynaecology (O&G) Services has drawn up a planning reference to ensure that healthcare personnel can accumulate sufficient clinical


experience to handle the possible complications of pregnant women. In general, a public hospital will only provide obstetric in-patient service when the number of births reaches 3 000 per year. The number of live births in public hospitals by pregnant women residing in North District and Tai Po District was around 1 900 and 1 700 respectively in 2015-2016, and has not yet reached the above benchmark. As such, NTEC does not have a plan to provide obstetric in-patient service at North District Hospital and Nethersole Hospital at present.

However, we will review the demand for obstetrics in-patient service

from time to time, and explore whether and how we can meet the increasing service demand through hospital redevelopment projects currently under planning, including the expansion of North District Hospital. Paediatrics service across clusters will also be adjusted and realigned with the Hong Kong Children's Hospital coming into operation in 2018.

Annex 1 sets out the number of O&G and paediatrics patient days by

residents in the New Territories East (including Sha Tin, Tai Po and North Districts) in 2015-2016. Annex 2 sets out the number of O&G and paediatrics specialist out-patient attendances (clinical) by these residents in the same year. The data in the Annexes indicate that among the residents in Sha Tin, Tai Po and North Districts who received obstetrics and paediatrics services in public hospitals, over 84% of the number of patient days and 82% of the number of specialist out-patient attendances (clinical) were recorded in NTEC hospitals.

(2) The HA implements the triage system in all accident and emergency

(A&E) departments of its hospitals, including North District Hospital and Nethersole Hospital, to ensure that priority and timely treatment are given to patients in need of emergency services.

As the population in the North District and Tai Po District continues

to grow and age, the demand for A&E service in North District Hospital and Nethersole Hospital has been increasing in recent years. In 2015-2016, the number of A&E attendances in these two hospitals were around 108 200 and 137 500 respectively. The average waiting time for A&E service for Category III (that is, urgent) cases,


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for example, was 22 minutes in North District Hospital and 12 minutes in Nethersole Hospital, both of which were better than the HA overall average waiting time (that is, 24 minutes).

There are currently 20 and 24 doctors working in the A&E

departments of North District Hospital and Nethersole Hospital respectively. The HA estimates that as about 420 medical graduates will complete their internship in 2018-2019, the problem of shortage of doctors will be relieved. The HA will increase the number of A&E doctors in North District Hospital and Nethersole Hospital as necessary.

In fact, the HA has all along been allocating additional resources to

various hospitals on a need basis in order to meet service demand and enhance service provision. In 2013, North District Hospital changed 20 beds in observation wards to A&E beds and recruited one additional A&E doctor. In 2015, Nethersole Hospital provided eight additional A&E beds and recruited one additional A&E doctor. Moreover, both hospitals provide over-time allowances for doctors through the special honorarium scheme to increase manpower. During the period of December 2015 to April 2016, A&E doctors in North District Hospital and Nethersole Hospital undertook over-time work for more than 970 hours and more than 320 hours respectively.

The general out-patient clinics in North District and Tai Po District

had also provided corresponding supporting services during the winter surge of influenza this year by increasing each of their weekly consultation quotas by 70 to serve the public.

(3) In light of the projected population growth and expected changes in

demographic structure in New Territories East as well as the rising demand for services in the cluster, HA has completed the formulation of the Clinical Services Plan (CSP) for NTEC. The CSP maps out the cluster's clinical strategies and future service directions for meeting the long-term healthcare needs of the community, including examining the roles and positioning of North District Hospital and Nethersole Hospital in the cluster, and the expansion projects and service scopes of the two hospitals, and so on. The HA will, having regard to the CSP, formulate and take forward the development projects for North District Hospital and


Nethersole Hospital, and implement other appropriate measures to ensure that their services can meet public demand.

To meet the future healthcare needs of the population of North

District and to serve the keen service demand of the public, the Government has reserved a site of about 30 000 sq m adjacent to North District Hospital for expansion of the hospital to provide additional beds and increase service capacity. The HA is formulating the overall planning strategy for the future development of North District Hospital, and is working with the relevant departments to set a timetable for the implementation of the work projects. According to the preliminary estimate, the expansion of North District Hospital will be completed by 2026.

Before the completion of the expansion project, North District

Hospital will also strengthen its services in all aspects. These include the addition of 30 beds in the medical ward in August 2015 and the introduction of 24-hour dispensary service in March this year. Moreover, the hospital is embarking on a plan to build additional wards, with a view to setting up two wards within next few years and providing around 80 additional beds to meet the service demand and shorten the waiting time. The outreaching team has increased its service capacity to conduct more visits to the residential care homes in the district with a view to reducing hospital admission of the residents and further relieving the burden of the A&E department and in-patient services.

Separately, we understand that the demand of Tai Po residents for

healthcare services is keen. In this connection, the HA is committed to enhancing the service capacity of Nethersole Hospital to enable patients to receive the necessary services more quickly. The HA will, in accordance with the recommendations of the CSP of NTEC and through its annual planning exercise, progressively enhance the A&E service capacity of Nethersole Hospital, including the provision of emergency operation service, improve surgical service, and provide additional clinical supporting facilities and in-patient services. To provide the necessary support to tie in with the launch of surgical service, Nethersole Hospital has started providing magnetic resonance imaging service since April this year. Moreover, improvement works for operating theatres are being conducted to upgrade the facilities for performing general


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anaesthesia operations in the future. To shorten the waiting time for joint replacement, Nethersole Hospital set up the fourth joint replacement centre in the territory in October last year to perform extra joint replacement operations. As for surgical service, Nethersole Hospital plans to strengthen its emergency surgical and anaesthesia services in the first quarter of 2017. It will provide five more emergency operation sessions so as to get prepared for the launch of emergency surgical service by phases.

Apart from implementing the projects under the 10-year hospital

development plan, the HA will also study and plan for projects for the next stage of hospital development, which include converting the existing parking space between Nethersole Hospital and Tai Po Hospital for an expansion project to increase the number of beds and service capacity of the Nethersole Hospital to meet future healthcare demand.

Annex 1

Number of O&G and Paediatrics Patient Days by Residents in Sha Tin, Tai Po and North Districts in 2015-2016

Specialty Hospital cluster which provided the service Total New Territories East Cluster Other HA clusters O&G 40 317 6 028 46 345 Paediatrics 40 378 7 620 47 998 Notes: (1) In the HA, patient days include in-patient patient days and day in-patient discharges and

deaths. (2) In the HA, day in-patients refer to those who are admitted into hospitals for

non-emergency treatment and who are discharged within the same day. In-patients are those who are admitted into the hospitals via A&E Department or those who have stayed for more than one day. The number of patient days has included the relevant number of in-patients and day in-patients.

(3) The HA measures and monitors its service throughput by performance indicators such as

number of patient days but not by patient headcount as the latter is unable to reflect in full the services (for example, admission/attendances, discharges, transfers, and so on, involving possibly multiple specialties, service units and hospitals) delivered to patients in their treatment journeys.


Annex 2 Number of O&G and Paediatrics Specialist Out-patient (Clinical) Attendances by

Residents in Sha Tin, Tai Po and North Districts in 2015-2016

Specialty Hospital cluster which provided the service Total New Territories East Cluster Other HA clusters O&G 81 445 15 753 97 198 Paediatrics 32 824 6 996 39 820 Note: Specialist out-patient (clinical) attendances also include attendances from nurse clinics in specialist out-patient setting. MR CHAN HAK-KAN (in Cantonese): President, in future, some 180 000 people will move to the Northeast New Territories, while 7 000 public rental housing units will also be completed in Tai Po District. Hence, the expansion of Nethersole Hospital and North District Hospital is indeed a matter of great urgency. A moment ago, the Secretary said that the expansion of Nethersole Hospital would be completed by 2026. But does the Secretary know that the first population intake of the North East New Territories New Development Areas (NENT NDAs) is scheduled for 2022? The Secretary also mentioned that the average waiting time for A&E service in the two hospitals was 22 minutes and 12 minutes respectively. But as we learnt from local residents, they must invariably wait for two to three hours for A&E service in the two hospitals. Given the long waiting time for A&E service, as well as the inadequate service in the obstetrics department and the paediatrics and adolescent medicine department, how can various long-term improvement projects cited by the Secretary ease the immediate need of residents in the North District and Tai Po for healthcare services? What measures will be taken by the Secretary to address the problem encountered by residents in the North District and Tai Po having to travel a long distance to receive specialist healthcare services in another district? SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the expansion of North District Hospital I mentioned earlier is included under the HA's hospital development plan for the next 10 years. At present, the HA is drawing up a specific timetable for various expansion projects of public hospitals in the next 10 years, taking into account the specialist service development


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programmes of different hospital clusters. As such, I can only answer in the main reply that the expansion of North District Hospital would be completed by 2026 because the whole development plan covers a period of 10 years from 2016 to 2026. Once a detailed timetable for the works projects of individual hospitals under the 10-year development plan is formulated by the HA, a specific completion date of the North District Hospital expansion project will also be available. Meanwhile, the HA and the NTEC will strive to meet the demand of local residents for hospital services through various improvement plans I mentioned in the main reply. MR JAMES TIEN (in Cantonese): President, I strongly identify with the questions raised by Mr CHAN Hak-kan in his main question. Just now, the Secretary also said that consideration would be given to the increasing population in the Northeast New Territories. But according to part (2) of the main reply, only 20 and 24 doctors are working in the A&E departments of North District Hospital and Nethersole Hospital respectively, and about 420 medical graduates will only complete their internship in 2018-2019. At such a rate, does it mean that residents in the North District still have to wait a long time before they can get better services? In this regard, I would like to ask a question on hospital policy, in particular, the HA's hospital policy. Why can't the HA recruit qualified doctors from other places on its own, instead of waiting for medical graduates to complete their training? SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I have also touched on this issue recently when responding to questions in relation to the Medical Registration (Amendment) Bill 2016 (the Bill). I reckon Members are also aware of the current situation in Hong Kong, that is, all non-local medical graduates (including local students who graduated from overseas medical programmes) who wish to register as medical practitioners in Hong Kong, with the exception of graduates of the two local medical schools, are required to pass the Licensing Examination of the Medical Council of Hong Kong (MCHK). Other than that, there is only one way available, that is, the arrangement for practice under limited registration. Under the relevant mechanism, the HA will first conduct internal consultation with the co-ordinating committees of all specialties. In case any particular specialty of the HA faces tremendous pressures of manpower shortage which cannot be relieved through other means, for example, having recruitment


difficulties, the HA will activate the process to recruit overseas doctors to practise under limited registration. Once the HA confirms the job offers, applications of overseas doctors for limited registration must be vetted by the MCHK to ensure that their qualifications meet the requirements. After employed by the HA, these doctors can only work in specified locations (that is, hospitals under the HA) within the duration of the employment contracts. While this mechanism can be said to be rather effective, we still want to make further improvement through the relevant amendments proposed in the Bill to be scrutinized by the Council later. At present, it is provided by law that the term of limited registration of such doctors is valid for up to one year subject to renewal by the MCHK. If the HA only offers one-year employment contracts, some overseas doctors may be hesitant to accept the job offer. In the Bill to be scrutinized by the Council later, it is proposed that the term of limited registration be extended to three years. We believe that this can help attract overseas doctors to come to Hong Kong and work for the HA as doctors with limited registration, which can in turn relieve the shortage of doctors in Hong Kong. MR TANG KA-PIU (in Cantonese): President, as complicated works projects are involved in the expansion of hospitals, long-term planning is extremely important. Each year, Members of the Legislative Council will meet and exchange views with all District Councils. According to members of the North District Council, apart from the expansion of North District Hospital and Tai Po Hospital ― of course, the redevelopment of Prince of Wales Hospital is also an important item ― the inadequate provision of general out-patient services in the district must also be addressed. In this connection, they have repeatedly requested the Government to identify a suitable site to construct another general out-patient clinic, so as to improve primary healthcare services in the district. Is Secretary Dr KO Wing-man aware of the request, and is relevant planning now underway? In particular, considering the huge population intake of the NENT NDAs, this initiative should actually brook no delay. SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I have always been very concerned about the provision of primary healthcare services and facilities in each and every district served by the seven hospital clusters of the HA. Moreover, I will regularly follow up with the HA on the progress of various projects to improve primary healthcare facilities. Hence, I can tell Mr TANG that this is a matter close to my heart. We also note that in some districts


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(including the North District), there are demands to increase the capacity of primary healthcare services. Before the relevant projects can be finalized, various clusters of the HA will take into account their respective service demand and optimize the use of existing facilities, so as to increase the quotas for general out-patient clinics or primary out-patient services progressively. MR CHUNG KWOK-PAN (in Cantonese): President, it was recently reported in the press that certain specialties (such as O&G and paediatrics) not only suffered from the current shortfall of doctors, they were also less preferred by graduates from the two local medical schools. As a result, although the overall number of medical graduates can seemingly meet service demand, the shortage of doctors in specific specialty will continue in the long run. How can the Administration address the problem of medical graduates not choosing certain specialties? Will the Secretary please give a response. SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I am also concerned about the phenomenon that fewer medical graduates have indeed opted for certain specialties, which is primarily a matter related to their personal consideration and interests. But I can tell Members that in different times, certain specialties were more attractive to medical graduates, while other specialties were less attractive. Such a phenomenon has always existed. Of course, the HA will analyse the situation of each specialty and identify the reasons why some specialties are regarded as less attractive and hence, not chosen by medical graduates. Regarding the situation with O&G, the reasons are more obvious. Over the past two years, some problems have arisen concerning the professional indemnity insurance for O&G doctors. As a result, some senior O&G doctors in the private sector have adjusted their services or opted for early retirement. The resulting service gap is in turn filled by O&G doctors who used to work in public hospitals. As some medical graduates may have worries about the matter, fewer medical graduates have chosen O&G as their specialty. But according to the information I received, the Hong Kong College of Obstetricians and Gynaecologists has recently reached an agreement with insurance companies on a new arrangement. Hence, the issue of insurance has been resolved initially. As far as the HA is concerned, such a development can hopefully attract more new medical graduates to choose O&G as their specialty.


As far as I know, the specialty of paediatrics is also affected by the same problem. But with the impending commissioning of the Hong Kong Children's Hospital, I believe that paediatrics would become more attractive for medical graduates as career prospect is a factor to be considered by doctors when choosing their specialty. With the impending commissioning of the Hong Kong Children's Hospital, more medical graduates may opt for paediatrics owing to the promising prospect perceived or the availability of more training opportunities. Hence, I hope the problem with this specialty will also improve in time. Meanwhile, the HA will pay special attention to the development of these specialties from the perspectives of recruitment and retention. PRESIDENT (in Cantonese): This Council has already spent more than 22 minutes on this question. Third question. Manpower in Transport Industry (Dr KWOK Ka-ki stood up to indicate his wish to request a headcount) PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Mr Frankie YICK, please raise your main question. 3. MR FRANKIE YICK (in Cantonese): President, according to the Report on Manpower Projection to 2018, the total manpower requirement of transportation services, such as those of public buses, taxis, scheduled and non-scheduled public light buses (PLB), land transportation, passenger vessels, etc., will increase at an average annual rate of 1.4% from 128 820 in 2010 to


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143 980 in 2018. The transport industry, however, has been facing manpower shortage and succession problems in recent years. Some operators have relayed to me that since they have persistently failed to recruit sufficient scheduled PLB drivers, taxi drivers and passenger vessel crew, they have no alternative but to reduce service. Such situation has not only affected service quality but has also stifled the continuous development of the industry. These operators have projected that the shortage of drivers and vessel crew will only be exacerbated in the future, seriously affecting public transport services. In this connection, will the Government inform this Council:

(1) whether it knows the respective current situations of the manpower supply of and demand for franchised and non-franchised bus drivers, scheduled PLB drivers, taxi drivers, container truck drivers and passenger vessel crew, including the numbers of persons in such positions (among them, the respective numbers and percentages of those working full-time and part-time), their average ages, the number of those who are expected to retire within five years, and the numbers and percentages of such positions which are vacant (set out the aforesaid information in a table);

(2) of the measures taken by the authorities in the past three years to

assist the transport industry in addressing the problem of manpower shortage, and set out in a table the effectiveness of the measures by the positions mentioned in (1); and

(3) whether the authorities have considered new measures to boost the

manpower in the transport industry, e.g. relaxing the requirement that applicants for driving licences to drive commercial vehicles must hold a valid full driving licence to drive a private car or light goods vehicle for at least three years, so as to attract more new blood to join the industry, and including professional drivers and passenger vessel crew in the Supplementary Labour Scheme to allow the operators concerned to import such workers from other places; if they have, of the details; if not, the reasons for that?


SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the Government is mindful of the manpower situation of the transport industry. Different transport trades have repeatedly relayed that the labour market has become tighter in recent years. Staff recruitment is not easy and there are signs that the workforce of the industry is ageing. In response to the situation, the Government will formulate strategies together with the industry and will work with the trades at policy level if it is feasible and desirable. We also hope that the trades will strive to improve working environment and remuneration and help young people understand more about the trades through different platforms, thereby attracting new blood. The consolidated reply to the various parts of Mr Frankie YICK's question is as follows. According to the data that the Government has, the manpower situation of drivers of franchised buses, green minibuses (GMBs), taxis and container trucks as well as crew of passenger ferries are set out at Annex. In respect of the different classes of vehicles above, the sheer number of valid driving licences far exceeds the number of registered vehicles. Hence, the fundamental issue is not about the supply of eligible persons. Rather, it is about how to attract them (especially younger people) to take up employment in the trades. The problems pertaining to manpower supply faced by the different transport trades are not entirely the same. Yet, there is something in common. At present, the supply in Hong Kong labour market is becoming tighter and the unemployment rate remains relatively low. The trades need to reduce staff turnover by improving working conditions and to attract new entrants by enhancing training and disseminating employment information. The primary roles of the Government are to (1) join hands with the trades to actively promote training and re-training; and (2) review existing policy and relevant requirements concerning staff regulation to keep up with the times, thereby improving the overall situation of manpower supply.


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In respect of land transport, franchised bus and GMB operators have been attracting new blood through different means, such as improvement of salaries and welfare, hiring of part-time drivers to meet service demand during peak hours, and so on. Franchised bus companies have been trying to reduce the turnover of bus captains through improving the working environment and bus stop facilities as well as offering promotion prospects. Meanwhile, the Government is studying the proposal to increase the limit of seating capacity of public light buses (PLBs). This should help improve overall operation, hence conducive to retaining and recruiting drivers. Currently, there are a total of more than 220 000 holders of taxi driving licences. The main issue faced by the trade is the difficulty to attract new entrants. We are studying how to improve the service of ordinary taxis and the introduction of premium taxis so as to facilitate the overall development of the trade and improve remuneration. This should help attract new blood. The Transport Department (TD) promulgates guidelines on working hours for drivers of franchised buses and GMBs in order to promote the improvement of working conditions. The TD also liaises with relevant support organizations and the Correctional Services Department, and encourages operators to employ ethnic minorities and rehabilitated inmates. As regards container truck drivers, the number of drivers holding container truck driving licence far exceeds the number of registered container trucks, showing that there should be adequate supply of qualified drivers in the labour market. The TD will continue to communicate with the trade, keep in view the demand for container truck drivers including cross-boundary drivers, and liaise with the Employees Retraining Board and relevant organizations with regard to training needs. As for the maritime and aviation industries, the Government launched the $100 million Maritime and Aviation Training Fund (MATF) in 2014. Training, exchanges and incentive schemes have been set up to groom talents, attract new blood, and raise the overall professional standards of the industries, with a view to supporting their long-term sustainable development. Besides, the MATF has launched the Local Vessel Trade Training Incentive Scheme(1), and has joined (1) Under the Scheme, financial incentive of up to $30,000 is provided to eligible deck or engine room ratings

newly employed by the trade.


hands with training institutions and trade unions(2) to roll out courses that meet the needs of local seafarers(3). Furthermore, the Airport Authority Hong Kong has set up an Airport Transportation Liaison Group(4), which strives to enhance transport services to and from the airport(5) with a view to encouraging more people to work on the airport island. In terms of staff qualifications, drivers of franchised and non-franchised buses, PLBs, taxis and container trucks have to hold the relevant driving licences of commercial vehicles. The law requires that an applicant of these driving licences must hold a valid licence to drive a private car or light goods vehicle for at least three years(6). The TD is reviewing whether it is possible to shorten the requirement with a view to attract more new entrants. The target is to strive to complete the review within this year. As regards the local vessel trade, the Marine Department (MD) has reduced the sea service requirement for local seafarers who have completed specified professional courses, so as to shorten the time required to attain the coxswain certificate. At the same time, the MD has published examination guidebooks to further increase the number of local coxswains and engineer operators(7). On the suggestion to import labour, to ensure local workers enjoy priority in employment and to safeguard their salaries and benefits, in the event that employers are genuinely unable to recruit the necessary workforce locally, they (2) Including the Vocational Training Council and its Maritime Services Training Institute as well as Hong

Kong Seamen's Union. (3) Such as the "Certificate in Basic Training for Local Craft Ratings" and the "Basic Radar Operations (Hong

Kong Waters)" courses, and so on, launched in 2015. (4) The Group was set up in late 2012 and is chaired by the Authority. It comprises representatives from

business operators on the airport island (that is, human resources personnel from major companies on the airport island), public transport operators and the TD.

(5) In addition to the Airport Express and a total of more than 40 day-time and overnight bus routes, there are about 160 employees' service routes arranged by employers.

(6) An applicant of container truck driving licence must hold a valid licence of medium or heavy goods

vehicle. (7) The MD published earlier this month examination guideline to help local crew prepare for the Coxswain

Grade 3 Certificate examination. A similar examination guidebook on Engineer Operator will be produced later.


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may apply under the Supplementary Labour Scheme (SLS) of the Labour Department (LD) to import workers at technician level or below. As for commercial drivers, the TD has issued around 1 million valid commercial driving licences(8), while there are 90 000-plus licensed commercial vehicles. The crux of the issue is thus how to attract qualified persons to actually take up employment in the trade concerned. In view of this, the proposal to import commercial drivers must be considered most carefully. The livelihood of local drivers must be taken into account.

Annex

Manpower situation in respect of drivers of franchised buses, GMBs, taxis and container trucks as well as crew of passenger ferries#

Total

number of employees

Estimated percentage

of vacancies

Percentage of part-time

posts Average age

Projected number of retirees in

the next five years

Franchised bus drivers

About 14 000

About 1% About 13% About 50 About 2 800

GMB drivers

About 7 900 Not available About 28% About 60 Not available

Taxi drivers Over 40 000 active taxi

drivers

Not available Not available About 70 Not available

Masters, chief engineers and crew of local passenger ferries Coxswains About 220 About 13% About 1% 45 - 69 About 110 Chief engineers

About 180 About 12% Less than 1% 54 - 63 About 90

Crew members

About 300 About 14% Less than 1% 45 - 70* About 130

(8) Commercial vehicles refer to private light buses, PLBs, taxis, private buses, public buses, franchised buses,

medium good vehicles, heavy good vehicles, articulated vehicles and special purpose vehicles. As each driver may hold more than one commercial driving licence at a time, the actual number of drivers should be smaller than the number of driving licences issued. For instance, a driver may hold licences to drive a PLB and a taxi at the same time. Two commercial driving licences all involved in this case.


Total

number of employees

Estimated percentage

of vacancies

Percentage of part-time

posts Average age

Projected number of retirees in

the next five years

Drivers and staff of articulated vehicles@

About 9 500 About 3% Not available Not available Not available

Notes: # Data on drivers of franchised buses, GMBs and taxis as well as crew of local passenger

ferries have been collected by the TD from the operators between late 2015 and first half of 2016. Such data are not available from the Census and Statistics Department (C&SD). We are not able to provide information on drivers of non-franchised buses as the TD does not collect such information. Data on drivers and staff of articulated vehicles are taken from the C&SD's Quarterly Survey of Employment and Vacancies as at 2015. The figures cover drivers and staff (for example, assistants) of local and cross-boundary articulated vehicles.

Local passenger ferries include two franchised and 22 licensed ferry routes. * Since data are collected by age groups, the average age of crew is not available. Yet,

according to a survey conducted by the Vocational Training Council in 2014, 51% of seafarers were over 50 years old.

@ We are not able to provide information on drivers other than those of articulated vehicles as the TD does not collect such information.

MR FRANKIE YICK (in Cantonese): President, as advised by the Secretary in the main reply, the number of driving licences issued by the Government has far exceeded that of registered vehicles, he therefore inferred that the difficulty faced by the transport industry in recruitment was not due to the availability of qualified persons, but whether the industry can provide good working conditions. In other words, the problem lies in the unattractive salary level, long working hours and demanding work. Such comments precisely reflect that government officials have no idea of the actual situation. As a saying goes, "Who wants to be bald if one has hair?" Who would refuse to do business even with the customers at the doors? If the operators can afford to pay higher wages, they would have done so long ago. The problem is that they simply cannot afford. Therefore, we suggest that the authorities should spend more time to gain a better


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understanding of the actual operation of various sectors before providing the right remedy, so as not to prescribe wrong medicine indiscriminately. As pointed out by the Secretary in the last paragraph (I quote): "… in the event that employers are genuinely unable to recruit the necessary workforce locally, they may apply under the SLS of the LD to import workers at technician level or below" (end of quote). I think perhaps the Secretary has not read the Annex of the pamphlet about the SLS, which states that driver is normally excluded from the SLS. I have discussed the matter with Secretary for Labour and Welfare Matthew CHEUNG, who said that if members of the trade could obtain the policy support of the Transport and Housing Bureau, the Labour and Welfare Bureau would include drivers under the SLS. I would like to ask the Secretary if he would give the necessary policy support, such that I can follow up the matter with the Secretary for Labour and Welfare again. SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, let me focus my reply specifically on the last point raised by Mr YICK concerning commercial drivers. If any trade intends to import commercial drivers, it certainly has to provide very specific justifications to support that it is genuinely unable to recruit the necessary workforce in Hong Kong. As I have said just now, while the number of eligible persons currently available is substantial, there are of course many reasons why they refuse to take up employment in the trades; probably one of the reasons is the current high employment rate, which enables them to have many options, the working conditions may also be a factor for consideration. Therefore, concrete problems should be specifically solved. And yet, with regard to the importation of commercial drivers, we have to solve two problems, but as pointed out by Mr YICK, this job category has not been included under the existing SLS. Firstly, justifications must be provided by the trades to support the inclusion of commercial drivers into the SLS; is there a shortage of supply of eligible persons in Hong Kong or is there a gap between demand and supply? Secondly, legislative amendments must be made. According to the existing Road Traffic (Driving Licences) Regulations, applicants for commercial driving licences must be holders of Hong Kong


Permanent Identity Card or an identity card not subject to any condition of stay, which means that the holder may take up employment without any condition of stay. Therefore, subject to these restrictions, any request to import commercial drivers must resolve the problems of, firstly, stating why there is a lack of supply in the existing market and secondly, making the necessary legislative amendments. MR FRANKIE YICK (in Cantonese): President, I think the Secretary has not answered my supplementary question. I asked if the Secretary would provide policy support, but after making a lengthy remark, no concrete answer has been given as to whether support would be provided. SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, as I have said in the main reply, the proposal to import commercial drivers must be considered most carefully because there are indeed many people eligible for the job at present. They may think that their livelihood would be affected after the importation of such drivers. Furthermore, as Mr YICK has said just now, we must also gain a better understanding of the actual problems encountered by the industry. Given that the problems faced by different trades, for example, drivers of taxis, buses and container trucks as well as crew of passenger ferries may vary, we must look earnestly into the concrete problems. Should such a request be made by members of the trade, the Transport and Housing Bureau will definitely consider from the perspective of transportation. MR POON SIU-PING (in Cantonese): I share the view of the Secretary and think that the proposal to import commercial drivers (that is, imported drivers) must be considered most carefully, having to take into account the livelihood of local drivers. I also agree that the Government should provide policy support so that the industry can strive to improve the working environment and remuneration, and help young people understand more about the trades through various platforms, thereby attracting new blood.


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The Secretary just now said that "The TD promulgates guidelines on working hours for drivers of franchised buses and GMBs in order to promote the improvement of working conditions. The TD also liaises with relevant support organizations and the Correctional Services Department, and encourages operators to employ ethnic minorities and rehabilitated inmates." I would like to know if the measures and support introduced by the TD have achieved any effect so far and whether they would be further enhanced. SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, whether eligible persons would be attracted to take up employment in the trades actually depends on a number of factors. First, the overall situation of the labour market; and second, the salaries, remunerations and benefits. To retain talent, apart from salary, sometimes employers may also need to consider many other factors such as working environment and conditions. For franchised buses, any improvement to the facilities at the terminal points, even minor improvement such as the provision of restrooms, are important to bus captains. The TD has promulgated guidelines for drivers of franchised buses and GMBs, focusing mainly on working hours, meal breaks and rest times, and constant reviews would be made. The last review of captains of franchised buses was conducted in 2013, and various operators would submit reports to the TD on a regular basis. With regard to the present situation, as I have just said, the role of the Government is to provide support by all means through policy or regulation, or to remove any identified hurdles posed by the outdated procedures or formalities. We will therefore request the TD to conduct another review of the relevant operators and when necessary, further enhance the guidelines on working hours, meal breaks and rest times. MR ABRAHAM SHEK (in Cantonese): President, as advised by the Secretary in the last paragraph of the main reply, the Government has issued around 1 million commercial driving licences, while there are only 90 000-plus licensed commercial vehicles. Has the Secretary considered whether the holders of those commercial driving licences have mostly retired or no longer used the licences? This is the first point. Secondly, given that those 90 000-plus licensed commercial vehicles are running on the streets almost around the clock, there are


probably three drivers, instead of one, for each vehicle. Has the Secretary estimated if there is a genuine shortfall of such drivers? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, Mr SHEK is right in saying that we cannot simply look at those two sets of figures, that is, around 1 million valid commercial driving licences vis-à-vis licenced commercial vehicles because it is possible that one person may hold different commercial driving licences. Or, as Mr SHEK has said, it is also possible that the same vehicle would have different drivers for different period of times. Despite such possibilities, given that there are currently 90 000-plus licensed commercial vehicles vis-à-vis around 1 million commercial driving licences, and the factors mentioned by Mr SHEK just now have already been included in those 1 million licences, the supply is generally speaking quite abundant. The question lies in whether those eligible persons take up employment in a certain trade as some of them may choose to join another trade. Be it the entire industry or the local labour market at large, there is a trend of practitioners getting older. Hence, we must make all-out efforts to attract eligible persons to join the industry on the one hand, and help young people to have a better understanding of the latest situations of the trades on the other. For example, there is a long-established thinking that it is tough working as seafarers and the working environment is very poor. And yet, as far as modern vessels are concerned, especially ocean going vessels, the working environment has been greatly improved. Hence, we need to join hands with the trades to help the relevant persons in the labour market understand more about the latest situations. Some of the work in the trades may require the policy support of the Government, and the Government is ready to provide the necessary support. MR CHUNG KWOK-PAN (in Cantonese): The Secretary has provided an Annex in the last part of the main reply, setting out the data on coxswains and crew of local passenger ferries. For example, there are now about 220 coxswains, but it is projected that the number would drop to about 110 five years later. With 220 coxswains at present, the estimated percentage of vacancies still reaches as high as about 13%. So, if only 110 are left five years later, the percentage of vacancies will exceed 50% by then. Does this mean that more than 50% of the passenger ferries would be left idle five years later?


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Notwithstanding that, the Secretary then went on to say that the Government has launched the $100 million MATF to attract new blood, but is there any concrete figure to indicate that so many young people are ready to join the trades? What will happen if the launching of the MATF still fails to attract new blood and more than 50% of the ferries will remain idle five years later? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, with regard to the maritime industry, the local vessel trade in general and even the MD of the Government have problems of manpower shortage and recruitment difficulties. This is precisely why we must step up the training of new blood. The MATF established in 2014 has attracted more than 1 800 participants to join various schemes over the past two years. Every summer, we will arrange students (mainly university students) to work as summer interns in different shipping companies or operators, so as to enable them to learn more about the operation of the industry, with a view to attracting some of them to join the industry upon graduation. The scheme has attracted a large number of students. There were more than 200 participants last summer and a number of operators have provided internship opportunities. Although the problems encountered by different trades are not entirely the same, I strongly agree that manpower supply of the maritime industry is pretty tight at present. Therefore, more should be done in this regard and this requires the concerted efforts of the Government and the trades. MR TANG KA-PIU (in Cantonese): With regard to the viewpoint expressed by the Secretary in the last paragraph of the main reply, I share Mr POON Siu-ping's view that the Government's consideration is fair and just. Concerning the proposed import of commercial drivers, we may draw from the experiences of Macao and Singapore that consideration should not only be given to the market, but also public safety and social stability. Although Macao has imported a large number of workers, no driver has been imported and this is certainly attributable to such a concern. As the Secretary has pointed out in the main reply, the key lies in the improvement of the remuneration of drivers, and we cannot agree more. My supplementary question is: How will an increase in the seating capacity of GMB help improve the remuneration or wages of GMB drivers? Will the Government impose mandatory arrangements on rest time and meal breaks for GMB drivers, as in the case of bus drivers?


SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the guidelines issued by the TD on working hours, rest time and meal breaks for bus captains were drawn up together with members of the trade after negotiation, during which the Government has definitely laid down some basic requirements. We also seek to deal with the issues of GMBs from the same perspective. Since the guidelines drawn up for GMBs may not be as comprehensive as those for franchised buses, we hope that the TD will conduct another review later on. Conceptually speaking, an increase in the seating capacity of PLBs implies that there is sufficient demand in the market. In other words, the passenger seating capacity per trip will increase, thereby improving the operation and financial condition of the operators, which is conducive to further improving the remuneration and other benefits of drivers. And yet, there is indeed a cycle. Operators will undoubtedly provide better remuneration and wages for their employees if they can afford to do so, but this will inevitably impose pressure on fares. Therefore, it is imperative for the community at large to look at the issue in a comprehensive way. PRESIDENT (in Cantonese): This Council has already spent more than 23 minutes on this question. Fourth oral question. Mainland Single Mothers with Minor Children Residing in Hong Kong 4. MRS REGINA IP (in Cantonese): President, quite a number of Mainland women have sought my assistance regarding the problem of single-parent families being separated by the Mainland-Hong Kong boundary. They married or cohabited with Hong Kong residents and have given birth to children, but subsequently they divorced their husbands or were deserted by their partners. As a result, they are ineligible for applying for Permits for Proceeding to Hong Kong and Macao (commonly known as One-way Permits (OWPs)) to settle in Hong Kong, and may only apply for Exit-entry Permits for Travelling to and from Hong Kong and Macao (commonly known as "Two-way Exit Permits") so that they can have a brief stay in Hong Kong to take care of their minor children. As they may neither take up employment in Hong Kong nor apply for Comprehensive Social Security Assistance, they are in financial straits. Their children, despite having the status of Hong Kong residents, lack the love and care of a healthy


12759

family, and have to lodge under other people's roof which may make them feel discriminated. As a result, these children encounter a lot of difficulties when growing up. Some of them may develop hatred of society due to their long accumulated dissatisfaction, which may lead to a potential youth problem. In this connection, will the Government inform this Council:

(1) of the current statistics or estimated figures on Mainland single mothers who are ineligible for applying for OWPs due to the aforesaid situations, and on their minor children residing in Hong Kong;

(2) as the aforesaid single-mother assistance seekers are ineligible for

applying for OWPs and some of the assistance seekers have chronic diseases, whether the Director of Immigration will consider granting, on compassionate grounds, permission for those assistance seekers who are under such special circumstances to stay in Hong Kong, so that they can take care of their minor children; and

(3) how the authorities currently provide appropriate support for the

aforesaid single mothers and their minor children in order to help these children grow up healthily, and of the relevant details?

SECRETARY FOR SECURITY (in Cantonese): President, upon consultation with relevant Policy Bureaux and departments, the reply to Mrs Regina IP's question is as follows:

(1) and (2) It is stipulated in Article 22 of the Basic Law that, for entry into the

Hong Kong Special Administrative Region (HKSAR), people from other parts of China must apply for approval. The provisions of this Article, in accordance with the Interpretation by the Standing Committee of the National People's Congress in 1999, mean that Mainland residents who wish to enter Hong Kong for whatever reason, must apply to the relevant authorities of their residential districts for approval in accordance with the relevant national laws and administrative regulations, and must hold valid documents issued by the relevant authorities. Such being the case, Mainland


residents who wish to settle in Hong Kong for family reunion must apply for Permits for Proceeding to Hong Kong and Macao (commonly known as "One-way Permits" (OWPs)), from the Exit and Entry Administration Offices of the Public Security Bureau at the places of their household registration.

The HKSAR Government understands that some Mainland single

mothers whose husbands are Hong Kong permanent residents encounter special family difficulties, for instance, being widowed or divorced, and are thus no longer eligible for application for OWPs but still have to take care of their young children in Hong Kong. The HKSAR Government is concerned about the requests from these Mainland single mothers to come to Hong Kong to take care of their children.

For individual requests for assistance from the Mainland single

mothers of minor children in Hong Kong who married to Hong Kong permanent residents but are widowed or divorced, or having other special difficulties and are no longer eligible for application for OWPs to join spouse, the Immigration Department (ImmD) would convey such cases to and liaise with the Mainland Exit and Entry Administration Offices, having regard to the requests of the persons seeking help and circumstances of the cases, for compassionate consideration of their situation by the Mainland authorities and exercise of discretion in processing their applications for entry into Hong Kong. In fact, the Mainland Exit and Entry Administration Offices have been responding positively to the requests for assistance by exercising discretion in processing individual requests to the extent as prescribed by Mainland regulations.

(THE PRESIDENT'S DEPUTY, MR ANDREW LEUNG, took the Chair)

As at 31 May 2016, the ImmD received around 150 requests for assistance from Mainland single mothers through Legislative Council Members and various organizations, involving a total of around 180 minor children in Hong Kong. Over 80 of those single mothers have been issued with OWPs by the Mainland authorities


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for settling in Hong Kong on a discretionary basis on account of their individual circumstances. Among the remaining 70 or so cases of single mothers who have not been issued with OWPs on a discretionary basis, over half of them who sought assistance were issued with a "one-year multiple exit endorsement for visiting relatives", to facilitate their entry to look after minor children. The HKSAR Government does not maintain other statistics requested in the question.

The Immigration Ordinance (Cap. 115) has clearly provided for

immigration and residency matters, with the main objective of maintaining effective immigration control. Though the Director of Immigration could, in special cases, consider exercising discretion outside the established policy to allow certain individuals to stay in Hong Kong, such consideration must take into account Hong Kong's overall interest. Exceptions to the established immigration policies must be handled carefully. The Director of Immigration must consider such factors as whether the case is supported by unique and strong humanitarian or compassionate grounds.

The HKSAR Government will continue to reflect the aspirations of

various sectors of the community to the Mainland authorities with regard to the requests for assistance from Mainland single mothers, as well as communicate with the Mainland authorities to follow up on individual cases.

(3) At present, there are a total of 65 Integrated Family Service Centres

and two Integrated Services Centres operated by the Social Welfare Department (SWD) and subvented non-governmental organizations (NGOs) over the territory providing a continuum of preventive, supportive and remedial welfare services to individuals and their families in need, including Hong Kong residents' family members who are holding Exit-entry Permits for Travelling to and from Hong Kong and Macao (commonly known as "Two-way Permits"). These include family life education, parent-child activities, enquiry service, outreaching service, support/mutual help groups, counselling, referral service, and so on. Social workers will provide appropriate services and assistance according to the circumstances and needs of the individuals concerned, including children of single parents, and their families, so as to provide timely


support to the families. Social workers will also refer those children of single parents with financial difficulties to apply for appropriate financial assistance.

The Education Bureau has been providing appropriate support to

Mainland single mothers' children who are attending schools in Hong Kong. To assist newly-arrived students to integrate into Hong Kong society and overcome learning barriers, local schools are offering a six-month full-time "Initiation Programme", and, at the same time, may make use of the "School-based Support Scheme Grant" to organize school-based support programmes for newly-arrived primary and secondary students. On another front, NGOs are providing "Induction Programmes" to render assistance to newly-arrived students. To meet students' learning and development needs in various developmental stages, a number of schools are making adjustments in areas such as timetable setting, course planning, teaching strategies, students' developmental support and home-school co-operation. Furthermore, as a holistic approach to assist students in meeting their learning needs, schools may flexibly utilize various kinds of Education Bureau resources as a way to address students' learning diversities and help them integrate into the learning environment. When encountering any challenges in learning, social life, behavioural and emotional developments, students may seek help from school social workers or student guidance personnel, who may render assistance on account of students' needs, and, where necessary, refer their cases to other service units for provision of appropriate services.

(Dr KWOK Ka-ki stood up) DEPUTY PRESIDENT (in Cantonese): Dr KWOK Ka-ki, what is your point? DR KWOK KA-KI (in Cantonese): Deputy President, A point of order. A quorum is not present in the Chamber.


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DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) DEPUTY PRESIDENT (in Cantonese): Mrs Regina IP, please raise your supplementary question. MRS REGINA IP (in Cantonese): Deputy President, I thank the Secretary for explaining the policy and telling us that there are about 150 requests for assistance from Mainland mothers who have children in Hong Kong, but are widowed, divorced or deserted by their husbands who are Hong Kong permanent residents, rendering them ineligible for applying for OWPs. Some of them have been issued with OWPs by Mainland public security authorities for settling in Hong Kong. About 70 people have not been issued with OWPs and they can only come to Hong Kong on the strength of Two-way Permits. The number of such cases is small. It is very difficult for the persons concerned to fabricate evidence to prove that they are widowed or divorced with their husbands who are Hong Kong permanent residents, or they genuinely have one or two children in Hong Kong. The Government can verify whether their claims are true. The number of such cases is limited. In my view, discretionary treatment of these people on compassionate ground will not be detrimental to the overall interest of Hong Kong. On the contrary, if their children are left unattended in Hong Kong, they would feel being discriminated against and lose interest in school. If they lose at the starting line, they will likely continue to lose in their lives. They may grow up to be rioters who throw bricks, leading to serious social problems. Of course I am not asking the Secretary to allow all 70 mothers to settle in Hong Kong. Regarding some special cases, especially those with compassionate grounds, say, a mother is ill and her 12 or 13 year-old son stays in Hong Kong alone and has problems in school, and services provided by the Education Department or the SWD cannot replace the personal care provided by


the mother, will the authorities give the mother a way out on compassionate grounds? SECRETARY FOR SECURITY (in Cantonese): I thank Mrs IP for the supplementary question. First of all, the local authorities will, in accordance with the specific OWP Scheme, forward the case to the relevant social security authorities in the Mainland. From the figures I quoted earlier, the Mainland public security authorities have handled almost of the cases and have, on a discretionary basis, issued the mothers concerned with OWPs for settling in Hong Kong. There is an established procedure for handling such cases. Generally speaking, after receiving the referrals from Hong Kong, the Mainland authorities will first issue the relevant mothers with a "one-year multiple exit endorsement for visiting relatives", so that they can come to Hong Kong for multiple times and stay for 90 days each time to take care of their children. I believe the present practice is appropriate and a feasible channel has also been established. As regards other specific cases, the Director of Immigration may indeed handle with discretion, but such kind of discretion must be exercise carefully. Since the local authorities have made the aforementioned arrangement with the Mainland public security authorities and many cases have been handled accordingly, I believe a better effect will be resulted by adopting this practice. As regards the outstanding cases, I must stress two points: first, the single mothers concerned can take care of their children in Hong Kong on the ground of visiting relatives; and second, the SWD staff will provide all kinds of possible assistance in each case. MS CYD HO (in Cantonese): Deputy President, the authorities should indeed exercise discretion in handling unique cases. What I mean is very rare cases. However, there are at present 150 cases, and the Mainland authorities have issued OWPs in 80 cases, as for the remaining 70 cases, "one-year multiple exit endorsement for visiting relatives" have been issued. Obviously, such cases are not unique but rather common. If the authorities in both places agree to issue OWPs in these common cases, why not consider setting up a single parent category and allow single parents in similar situations to directly apply for OWPs for settling in Hong Kong to take care of their minor children?


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SECRETARY FOR SECURITY (in Cantonese): The Mainland authorities issue OWPs according to their laws and regulations. These cases should be handled in accordance with the laws of the relevant places. It cannot be done by merely changing a policy. MS CYD HO (in Cantonese): Deputy President … DEPUTY PRESIDENT (in Cantonese): Ms HO, which part of your supplementary question has not been answered? MS CYD HO (in Cantonese): As a matter of fact, my question was put to the governments of both places. I do not think the Secretary can answer on behalf of both governments. He can only answer on behalf of the SAR Government. He should at least say that he will communicate with the Central Authorities … DEPUTY PRESIDENT (in Cantonese): Ms HO, you have pointed out the part of your supplementary question that has not been answered. Secretary, do you have anything to add? SECRETARY FOR SECURITY (in Cantonese): Deputy President, I have nothing to add. MR LEE CHEUK-YAN (in Cantonese): Deputy President, I wish to follow up on this supplementary question. Such a situation is not conducive to children. Just imagine, if a child born and raised in Hong Kong has to return to the Mainland where his mother lives, he does not have the household registration. Even if his mother comes to Hong Kong on a Two-way Permit, she cannot work here. Under such circumstances, the mother who comes to Hong Kong on a Two-way Permit has to live on the Comprehensive Social Security Assistance (CSSA) payment received by her child. That is to say, two people live on the CSSA payment of a child. No one wants to see this happen. I believe that the Secretary will also have empathy on them.


As regards the issuance of OWPs, we certainly demand the return of the vetting and approval authority to Hong Kong, but since Hong Kong has yet to exercise this right, the power to issue OWPs still lies in the Mainland authorities. The question is, will the Government negotiate with the Mainland authorities to persuade them to change their regulations, so that widowed or divorced mothers waiting list for OWPs can, under a points system, settle in Hong Kong. I am talking about the stance of the Hong Kong Government, not that of the Mainland's. Will the Secretary negotiate with the Mainland authorities, asking them to relax the restriction, so that these single mothers can settle in Hong Kong at an earlier date? SECRETARY FOR SECURITY (in Cantonese): After we have received the requests for assistance, we will ask for relevant information and after verifying the information, submit them to the relevant authorities in the Mainland for handling with discretion. In fact, as we can see, the relevant Mainland authorities will process these cases in accordance with their own procedures. Hence, from the figures I just provided to Members, the Mainland authorities will normally issue a one-year multiple exit endorsement to those mothers before a decision is made. The authorities consider it appropriate to handle the cases in the present direction. MR WU CHI-WAI (in Cantonese): Deputy President, it is pointed out in part (1) of the main reply that Mainland residents who wish to settle in Hong Kong for family reunion must apply to the Public Security Bureau at the places of their household registration. I have received some cases involving people who have lived in Hong Kong on the strength of the so-called "going-out passes" since childhood. These people may have lost their household registration in the Mainland, probably due to the death of their mother. There is no record or information about their household registration in the Mainland. When they reach the age of 18, they will be repatriated to the Mainland by the ImmD. Without a household registration, how can they live in the Mainland or apply for settlement in Hong Kong in accordance with the public security procedures?


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SECRETARY FOR SECURITY (in Cantonese): Mr WU's supplementary question seems to be totally different from the main question or the supplementary questions raised by Mrs Regina IP or other Members. The issue we have been discussing is related to Mainland women who married Hong Kong residents and have given birth to children in Hong Kong, but subsequently their spouse died or they divorced with their husbands. The situation mentioned by Mr WU is, I think, concerned with people who came to Hong Kong through questionable means and when we repatriate them, we are unable to find their household registration in the Mainland. That is where the problem lies. Such cases are relatively complicated and we will make our best effort to handle them. However, if the Member asks me what panacea I have that can address all ills, I believe we can only study each case on its own merits and there is no one cure for all. DR KWOK KA-KI (in Cantonese): Deputy President, what we have been talking about only involves 70 single mothers, but many human tragedies have resulted. Some corrupt officials in the Mainland sell an OWP for a price between RMB$1.5 million to 2 million yuan. According to the Secretary's judgment, should more quotas of OWPs be reserved for sale by the corrupt officials, instead of issuing more OWPs to those poor single mothers for settling in Hong Kong to look after their children? What does the Secretary think? SECRETARY FOR SECURITY (in Cantonese): Concerning Dr KWOK's question, I gave a clear rely to an oral question raised at the Legislative Council meeting last Wednesday. First of all, the daily quota of 150 OWPs are distributed according to an established mechanism, under which, as announced by the authorities, the priority of applicants is determined by a points system. As regards Dr KWOK's question, I stated very clearly last week that there was no evidence of such incidents. I believe the information quoted by Dr KWOK came from a report of a certain Mainland media agency and was reprinted by the Hong Kong media. After reprinting, the wording in the report is somewhat different from that in the original report published by the Mainland media agency.


DR KWOK KA-KI (in Cantonese): Deputy President, I advise the Secretary not to get so agitated. I just asked the Secretary whether more quotas for OWPs have been reserved for corrupt officials. The Secretary only needs to answer yes or no. Has the Secretary answered? DEPUTY PRESIDENT (in Cantonese): Dr KWOK, you have asked a follow-up question. Please sit down. Secretary, do you have anything to add? SECRETARY FOR SECURITY (in Cantonese): There is no such thing as reserving the quota. MR WONG KWOK-HING (in Cantonese): Deputy President, my supplementary question is related to holders of "one-year multiple exit endorsement for visiting relatives" or multiple-entry endorsement. As a matter of fact, these people will eventually settle in Hong Kong and they are now at a transitional period. There are 300-odd mothers who apply for Two-way Permit to come to Hong Kong to accompany or take care of their children. When they apply to enrol in courses offered by social welfare organizations to prepare themselves for future integration into the Hong Kong community, they are very often rejected. Even their applications to be volunteers are rejected. These organizations reject them because they hold Two-way permit. In this connection, I have met with the Secretary's subordinate and sought his clarification and I have also met with officials from the Home Affairs Bureau and sought their clarification. As the Secretary for Labour and Welfare is also present today, can the two Secretaries issue certain clarification guidelines (whatever the name is insignificant), asking all social welfare organizations or related agencies to arrange, as soon as possible, those mothers on Two-way Permit to enrol in courses that will help them integrate into the Hong Kong community or allow them to be volunteers to get involved in the community? DEPUTY PRESIDENT (in Cantonese): Which Secretary will answer? Secretary for Labour and Welfare, please.


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SECRETARY FOR LABOUR AND WELFARE (in Cantonese): I wish to affirm that services and cash benefits are two different things, no matter what the nationalities of the recipients and their duration of residence in Hong Kong are. Cash benefits refer to financial aid, the CSSA, in particular, and there must be restrictions on the recipients' eligibility. In the case of services, however, there are no restrictions on the recipients. Whoever has the need, we will provide services to them. I agree with the Member that we have to make that clear to the organizations concerned to make it easier for them when providing services. MR WONG KWOK-HING (in Cantonese): Deputy President, the Secretary has not answered the other part of my question. Apart from doing volunteer work, these mothers also wish to enrol in some training courses. The Secretary has not answered this part. DEPUTY PRESIDENT (in Cantonese): Secretary, do you have anything to add? SECRETARY FOR SECURITY (in Cantonese): Deputy President, under the current law, anyone who comes to study in Hong Kong as a visitor must be approved by the ImmD. Hence, as regards the question raised by Mr WONG, the relevant departments have to conduct a study before they can answer. DEPUTY PRESIDENT (in Cantonese): Fifth question. Exit Polls Conducted on Polling Day of Legislative Council Election (Dr KWOK Ka-ki stood up) DEPUTY PRESIDENT (in Cantonese): Dr KWOK Ka-ki, what is your point? DR KWOK KA-KI (in Cantonese): Deputy President, a point of order. A quorum is not present in the Chamber.


DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) DEPUTY PRESIDENT (in Cantonese): Ms Cyd HO, please raise your main question. 5. MS CYD HO (in Cantonese): Deputy President, according to the Guidelines on Election-related Activities in respect of the 2012 Legislative Council (LegCo) Election issued by the Electoral Affairs Commission, organizations approved to conduct exit polls by the Registration and Electoral Office (REO) "should not announce the results of exit polls or make specific remarks or predictions on the performance of individual candidate/list of candidates before the close of poll", lest the election results might be affected. The various organizations which conducted exit polls for that LegCo Election had signed an undertaking, promising not to release, directly or indirectly, the results of the exit polls to candidates or organizations to which candidates belong, etc. before the close of poll. The information on REO's website shows that the organizations approved to conduct exit polls on the polling day (i.e. 9 September 2012) of that LegCo Election did not include the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB). However, it has been reported that a Member of this Council who belongs to DAB disclosed on a live radio programme on the 3rd of this month that DAB had conducted exit polls on the polling day of that LegCo Election and, in the evening of that day, DAB learnt from the exit polls that some of its candidates had already garnered sufficient votes to be elected, and forthwith stopped canvassing for these candidates and switched to focus its efforts on canvassing for other candidates. In this connection, will the Government inform this Council:

(1) as some members of the public have pointed out that the use of exit poll results by political parties to canvass or allocate votes for candidates will seriously prejudice the fairness of elections and would do injustice to other law-abiding candidates, whether the


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authorities will investigate the aforesaid incident; if they will, how they will carry out such investigation; if not, the reasons for that; and

(2) given that the 2016 LegCo Election will be held on 4 September this

year, whether the authorities will step up the monitoring of organizations conducting exit polls, in order to curb the use of exit poll results to allocate or canvass votes during the polling; if they will, of the monitoring measures being contemplated; if not, the reasons for that, and how they will handle non-compliant situations?

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): Deputy President, the ballot is secret. It is an elector's right to keep his/her vote secret. In accordance with section 60 of the Legislative Council Ordinance (Cap. 542), an elector does not have to disclose his/her choice of candidate/list of candidates if he/she does not want to. Under the existing arrangement, any person or organization may apply to the Registration and Electoral Office (REO) to conduct exit poll. The Electoral Affairs Commission (EAC) has promulgated guidelines in relation to the exit poll conducted within the No Canvassing Zone with details set out in Chapter 15 of the Guidelines on Election-related Activities in respect of the Legislative Council Election (the Guidelines). That chapter sets out the guidelines for the conduct, publication and broadcast of exit polls to avoid unfair interference with the election process by unduly influencing electors. The aim is to ensure that elections are conducted honestly and fairly and, at the same time, to strike a good balance between the need to maintain order outside polling stations and upholding the freedom of expression, freedom of the press and academic freedom. Since the 2015 District Council election, the EAC has required the applicant or the applicant organization to make a statutory declaration undertaking to abide by the terms on conduct of exit poll and the Guidelines. This requirement will also be applicable to the Legislative Council election to be held in September this year and the terms include:


(i) the applicant organization has no member contesting in any geographical constituencies (GCs)/functional constituencies (FCs), of which any polling stations are covered by the exit poll;

(ii) the applicant or applicant organization has not publicly expressed

support for any candidate/list of candidates contesting in any GCs/FCs, of which any polling stations are covered by the exit poll;

(iii) the applicant or applicant organization should not assign member(s)

of any organization which has member(s) contesting in any GCs/FCs or has publicly expressed support for any candidate/list of candidates contesting in any GCs/FCs, of which any polling stations are covered by the exit poll, as the person(s) responsible for or conducting the exit poll on the polling day;

(iv) the applicant or applicant organization should not announce or

disclose the results of the exit poll or make specific remarks or predictions in relation to the performance of any candidate/list of candidates before the close of poll;

(v) the applicant or applicant organization should not release, directly or

indirectly, the results of the exit poll or make specific remarks or predictions on the performance in relation to any candidate/list of candidates to any candidate/list of candidates contesting in the GCs/FCs covered by the exit poll, any person who or organization which has publicly expressed support for any candidate/list of candidates contesting in the GCs/FCs covered by the exit poll, or any organization with member(s) contesting in the GCs/FCs covered by the exit poll, before the close of poll; and

(vi) approved exit poll interviewers should not speak to or communicate

with candidates/lists of candidates or their agents when conducting the poll.

Moreover, the EAC also requires all approved exit poll interviewers to display prominently an identification device when conducting the exit poll, and use the standard script provided by the REO to inform the electors being interviewed that the exit poll is not commissioned by the Government and their participation in the exit poll is entirely voluntary.


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The REO will release the information of the persons or organizations allowed to conduct exit poll onto the election website before the polling day, and will display the information in a notice at a prominent location of the polling station(s) on the polling day for public inspection. The REO will also remind the Presiding Officers of polling stations to enhance patrolling to ensure that the approved exit poll interviewers comply with the statutory declaration and the Guidelines when conducting exit polls. If applicants or applicant organizations fail to comply with the terms of the statutory declaration or requirements of the Guidelines, the EAC can revoke the approval for conduct of exit poll. The EAC may also make a censure or even reprimand in a public statement which will include the name of the person or the organization concerned. If applicants or applicant organizations knowingly make a statement false in a material particular in the statutory declaration, they may be subject to criminal liability. According to the REO, no political organization or its member applied to conduct exit polls on the polling day of the 2012 Legislative Council election. The REO is now following up on the case mentioned by Ms HO. If there is evidence indicating that any approved applicant or applicant organization failed to comply with requirements of the Guidelines, the EAC will take action according to the established mechanism. MS CYD HO (in Cantonese): Deputy President, unless someone from the organizations concerned or the political parties have disclosed certain information, it will be difficult to monitor and detect these non-compliant situations. The six terms mentioned in the main reply are only requirements to be complied with. It is not mentioned in the main reply how the REO and the EAC detect non-compliant situations and put an end to the illegal practice of vote allocation. I would like to ask the Secretary if he would consider stepping up detection measures such as prohibiting exit pollsters from carrying electronic communications equipment or using electronic equipment for conducting questionnaire surveys, and asking them to stay inside the polling station until the close of the poll. As in the case when the Chief Executive delivered his policy address, the Government had arranged all reporters to stay in a place and they


could only leave after the Chief Executive had delivered the policy address. This is an administrative measure implemented by the Government, will the authorities do so? SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): Deputy President, each Presiding Officer will, in accordance with the existing laws and regulations, regulate various conducts within polling stations, including the use of electronic equipment such as cameras and mobile phones. Ms HO mentioned the so-called detection. In accordance with the current Guidelines, particularly in relation to exit polls, as I said in the main reply, since the District Council election held in November last year, the EAC has implemented a new measure, requiring the making of a statutory declaration to abide by the six terms mentioned in the main reply. In the past, the authorities asked the responsible persons or organizations to sign an undertaking, but since the District Council election held in November last year, the responsible persons or organizations are asked to make a statutory declaration instead. In other words, they have to make a statutory declaration with the Oaths and Declarations Ordinance (Cap. 11) as the legal basis. The REO also cites the relevant provisions of this Ordinance in the statutory declaration. If any person or organization violates the six terms, the authorities would no longer adopt the past practice of simply revoking the approval for conduct of exit polls or reprimanding the person or organization concerned. In some cases, the persons or organizations concerned may commit a criminal offence as referred to in my main reply, and the regulatory authorities will institute prosecutions in accordance with the law. This practice has been adopted since last November, implying more serious consequences and requiring the persons or organizations concerned to bear more responsibilities. We hope that this practice could provide further legal protection and ensure that persons and organizations conducting exit polls would act in accordance with the EAC's Guidelines. MR IP KWOK-HIM (in Cantonese): Deputy President, the Secretary stated in the last paragraph of the main reply that "according to the REO, no political organization or its member applied to conduct exit polls on the polling day of the 2012 Legislative Council election". So, let me reiterate explicitly that the DAB had not conducted exit polls. In fact, though I have repeatedly told the media


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about this point, I found that some Members are still making comments in this connection. Furthermore, as the co-ordinator of the DAB in that election, I had not issued an instruction to stop canvassing. However, I believe the Secretary may have heard of the "ThunderGo" campaign recently proposed by Prof Benny TAI. People participating in the campaign should install the "Votsonar" programme on their mobile phones to get involved in an opinion poll. The objective is to assist candidates of the opposition camp to win the majority of seats. Under the campaign, 250 000 people will be recruited, among them, 200 000 will join in the advance party to participate in strategic voting. The campaign has three important elements: First, an opinion poll will be conducted to find out specifically the voting intentions of electors on the polling day; second, before the close of poll, the relevant information will be forwarded to other people, including the electors who participate in the campaign; third, strategic voting will be conducted. As we all know, Prof Benny TAI has been conducting similar opinion polls; as to how opinion polls will be manipulated … DEPUTY PRESIDENT (in Cantonese): Mr IP Kwok-him, please put your question concisely. MR IP KWOK-HIM (in Cantonese): … My supplementary question is very simple: Does the Secretary consider that the "ThunderGo" campaign has violated the electoral legislation? SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): Deputy President, regarding exit polls, paragraph 15.2 of the official Guidelines that we have just published provides that "The EAC appeals to the media and organizations concerned for self-regulation, goodwill and voluntary co-operation in the conduct of exit polls, and the publication and broadcast of the result of exit polls so that electors' behaviour will not be unduly affected". In other words, there are two principles for dealing with exit polls: first, as stated in the provision I just quoted, electors' behaviour should not be unduly affected. If the exit poll results are disclosed or released before the close of poll, the fairness of the elections will be affected, and thus the EAC has stipulated the relevant provisions. Second, as I have mentioned in the main reply, the ballot is secret and it is an elector's right to keep his/her vote secret. Based on these two


principles, the EAC approved with statutory powers the conduct of exit polls within the No Canvassing Zone of polling stations. In line with the spirit of this mechanism, I think that the conduct of various other polls outside the polling stations should be respected and recognized by the community, and this should not affect the electors' voting on the polling day based on their free will. The above is my response based on the cardinal principle. Mr IP Kwok-him has specifically mentioned the "ThunderGo" campaign just now, we are aware that some members of the community have proposed this campaign. In fact, just like everybody else, the EAC also gets the relevant information from the media and there is no formal channel at present for us to understand the details of this campaign. But I think we should uphold the principle mentioned earlier. In addition, I would like to remind Members of certain points to be noted under the existing electoral legislation. For example, the Elections (Corrupt and Illegal Conduct) Ordinance has clear provisions on election advertisements. An election advertisement is any form of publication, published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election; and election expenses, in relation to a candidate or his representative means expenses incurred or to be incurred before, during or after an election, for the purpose of promoting the election of the candidate or prejudicing the election of another candidate. These are the provisions relating to election advertisements and election expenses. In addition, section 26 of the Elections (Corrupt and Illegal Conduct) Ordinance provides that "A candidate engages in illegal conduct at an election if the candidate publishes a materially false or misleading statement of fact about the candidate or candidates with whom the candidate is associated, or about another candidate or other candidates, for the purpose of ― (a) promoting the election of the candidate or candidates with whom the candidate is associated; or (b) prejudicing the election of the other candidate or candidates." I cite these relevant provisions to illustrate that the authorities pay close attention to various situations in the course of elections. When the authorities have received related complaints or noticed certain situations, the REO will act strictly in accordance with the law and refer the cases to law-enforcement agencies for investigation and follow-up when necessary, including examining whether there is a violation of the relevant provision of the Elections (Corrupt and Illegal Conduct) Ordinance which I have just cited.


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MR ALBERT HO (in Cantonese): Deputy President, I appreciate that Mr Christopher CHUNG confessed about what he knew. I do not think he will make a false charge against his party, he only provides the information he obtained on the basis of his experience. However, upon hearing the remarks made by Mr IP Kwok-him, members of the public can determine for themselves with common sense who is telling the truth and who is telling lies. Though the Government will follow up on the information provided by Mr Christopher CHUNG, we do not have confidence in the Government and do not know how it will follow up. The Government has not explained how it will follow up or enforce the law. However, the Secretary must note that we have lost confidence and we do not know how the Government approved the applications submitted by organizations to conduct exit polls. We recall that many applicant organizations were simply not academic research institutions as they had not published any academic articles on electoral matters. We only know that many responsible persons were deputies to the National People's Congress (NPC) or members of the Chinese People's Political Consultative Conference (CPPCC), but we do not know the purposes of such polls. What criteria did the EAC adopt in granting approval? Those organizations are not universities or research institutions, and we do not know the purposes of the information obtained from the polls. Although those organizations claimed that they would not disclose the relevant information, the Government did not know what had happened. What criteria did the Secretary adopt in approving the conduct of exit polls by those organizations? Was approval given because the responsible persons were deputies to the NPC or CPPCC members? SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): Under the law, the EAC has the right to allow some organizations or persons to apply for the conduct of exit polls within the No Canvassing Zones of polling stations. As for the process of approving the applications, I have set out six terms in the main reply. If certain organizations or persons violate one or more of these terms, their applications will not be approved. In the past, one application was not approved for this reason. Concerning the statutory declaration, we also required these organizations or persons to comply with the relevant provisions. However, according to our


observations, first, the number of applicant organizations has decreased in recent years; second, as mentioned by Mr Albert HO, some organizations will later publish analysis reports on the exit polls but this is not the practice of every organization. If the EAC allows the conduct of exit polls by these organizations, as I said in the main reply, the best practice is to immediately release information such as the names of these organizations and the persons involved onto the election website, so that the public and all sectors of the community can monitor if the exit poll organizations have complied with the Guidelines. As to whether individual organizations will subsequently release their analysis reports, the individuals or organizations will make their decisions. According to previous information, some individuals who made the applications were students who might need to complete their homework on civic education. This happened in the past, but most applications in recent years were made by organizations. If Members have further questions, they may enquire with the organizations whose applications have been approved because we have already uploaded all relevant information onto the website. DEPUTY PRESIDENT (in Cantonese): Last oral question. Mr IP Kin-yuen, please state your main question. Sub-standard School Premises 6. MR IP KIN-YUEN (in Cantonese): Deputy President, at present, the facilities of quite a number of school premises built in different eras … (Dr KWOK Ka-ki stood up) DEPUTY PRESIDENT (in Cantonese): Mr IP, please hold on. Dr KWOK Ka-ki, what is your point? DR KWOK KA-KI (in Cantonese): Deputy President, a point of order. A quorum is not present in the Chamber.


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DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) DEPUTY PRESIDENT (in Cantonese): Mr IP Kin-yuen, please continue with asking your question. MR IP KIN-YUEN (in Cantonese): Deputy President, at present, the facilities of quite a number of school premises built in different eras in accordance with the standards prevalent at the time of construction are below the current standards. Some principals from schools with such premises have complained to me that the facilities of the school premises concerned still only meet the standards of forty to fifty years ago, and problems such as insufficient space and facilities for teaching and learning, as well as aging school premises, are prevalent. As a result, repair works need to be carried out all year round at the school premises. These problems have not only constituted a serious impediment to teaching and learning as well as school development, but also endangered the safety of teachers and students. They consider that such situation reflects the existence of injustice in the education system and blunders in the education policy. In this connection, will the Government inform this Council:

(1) of the respective current numbers of primary, secondary and special schools whose premises are not up to the current standards, and list by school name the years of age of the school premises, the standards which the premises have met, and whether they have been included in the School Improvement Programme (SIP) (if included, of the phase of SIP); which of such schools, whose premises have a floor area of less than 3 000 square metres and are aged over 30 years, have never or only to a limited extent benefited from school improvement works;

(2) whether it has assessed the structural safety, environmental safety

and hygiene conditions of school premises that are not up to the current standards; if it has, of the assessment methods and outcome; if not, how the authorities ensure that such school premises meet the relevant statutory requirements, and which party is to shoulder the


liabilities involved; whether the authorities have set ceilings on the annual expenditure on repair and maintenance of school premises; if there are ceilings, of the criteria adopted by the authorities for vetting and approving the funding applications from each school for urgent and large-scale repair works each year, the expenditure ceilings on the maintenance and repair for the schools in various districts in the past three years and the number of schools involved, and how the authorities ensure that sufficient funding is available for schools to cover the repair and maintenance expenditure; if there are no ceilings, how the authorities ensure that the repair and maintenance works conducted incessantly on dilapidated school premises are cost-effective; and

(3) whether there are new and specific measures to actively help schools

with facilities in their premises not up to the current standards solve the relevant problems completely and comply with the current legislative requirements; if there are, of the details and the implementation timetable of such measures; if not, the reasons for that?

SECRETARY FOR EDUCATION (in Cantonese): Deputy President, the Education Bureau attaches great importance to safety of school premises. Over the years, the Education Bureau has implemented various measures to enhance school facilities and improve teaching and learning environment, having regard to the circumstances and needs of individual schools. My consolidated reply to the various questions raised by Mr IP is as follows: At present, there are about 900 public sector schools in Hong Kong. Their premises were built in different periods in accordance with the standards at the time of construction, which cover various facilities and have been changing over the years. As at May 2016, about 200 of them were built according to the prevailing standards, while about 100 school premises were aged over 30 years and with site area less than 3 000 sq m. While most school premises were built in early years, the Education Bureau has implemented various measures over the years to enhance school facilities. Among these measures, the School Improvement Programme (SIP)


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was implemented between 1994 to 2006, under which about 700 ordinary public sector schools built according to the planning standards when the schools were constructed have their school facilities enhanced. The SIP was implemented through five phases. Phases One to Three of the SIP focused on upgrading the schools' facilities for teaching, learning and administrative uses. The scope of the last two phases has been further expanded with a view to enhancing school facilities to the prevailing standards at that time as far as technically feasible. Where school site and technical feasibility so allowed, annexes were built for some schools to expand the campus. Under the SIP, the scope of improvement works for each participating school varied according to the schools' vision and mission, characteristics, the facilities in place, site conditions, technical feasibility, and so on. Hence, existing facilities of individual schools may be different from the planning standards when the school premises were built. Listing the schools solely based on the year when the school premises were built and the planning standards at that time, and whether the schools have participated in the SIP cannot fully reflect the current situation of the school premises as well as their teaching superiority in other aspects, which may lead to unnecessary and over-simplified comparison among schools. For information about individual schools, Members may refer to the school profiles compiled by the Committee on Home-School Co-operation for reference, or approach the schools concerned direct. Apart from the SIP, the Education Bureau has also put in place other measures, including reprovisioning and redevelopment programmes, to enhance school facilities and improve teaching and learning environment. Reprovisioning of existing schools is generally conducted on a competitive basis through the School Allocation Exercise. All eligible school sponsoring bodies in the territory may apply for reprovisioning of existing schools under their sponsorship to new premises on the sites earmarked for school use or the vacant school premises considered as suitable for reprovisioning purpose. As for in-situ redevelopment, apart from size of existing school sites and technical feasibility, factors such as the schools' views, availability of decanting premises, as well as the capacity of the schools to deliver the redevelopment projects in parallel with the day to day operation also need to be considered. In the past four years, a total of 12 new school premises have been completed for reprovisioning or redevelopment/expansion purposes. At present, works under 12 school building projects with funding approved are proceeding as planned. Except a special school project, all the remaining projects are for reprovisioning or redevelopment/expansion purposes.


Both the Education Bureau and schools attach great importance to the condition of the school premises. The School Administration Guide has stated that the schools, as daily users, are responsible for maintaining the school premises in a safe and hygienic condition. They also have the responsibility to maintain and manage school premises, as well as to arrange maintenance works as necessary. The Education Bureau provides annual resources to schools for handling minor maintenance works. Such funding has been included in Expanded Operating Expenses Block Grant or Operating Expenses Block Grant. This arrangement allows schools to initiate minor repair works as soon as possible, thereby enhancing the flexibility of and autonomy over use of resources. In addition, minor defects can also be fixed the soonest possible. Should schools need to conduct relatively larger scale or more complicated repair works (that is, repair works with estimated project costs over $3,000 for primary and special schools or over $8,000 for secondary schools according to the existing mechanism), they may submit applications under the annual major repairs exercise and the emergency repairs mechanism. The consultants and contractors appointed by the Education Bureau will assist schools in the handling of such repair works. Without unlimited resources, it is impossible to accept all of the schools' proposals on repairs and improvement works under the annual major repairs exercise. When prioritizing the major repairs applications received from schools, priority will be accorded to items required under law or deemed essential from the repair angle, such as essential items related to safety, health and hygiene, legal requirements, and so on. Taking into account factors including schools' needs and resources, we will issue notification letters to schools on the application results. Our consultants will then meet with the schools to explain the details and arrangements of the approved items, and discuss with the schools concerned on the best timing for the conduct of the works. In the past three years, the average total approved project estimate of the approved major repair works by the Education Bureau amounted to $820 million. We will bid for resources on a need basis to keep improving and enhancing school environment through repairs and maintenance of the premises. As for emergency repair works, we have stipulated in the contracts signed between the Education Bureau and the consultants that a consultant, after receiving an emergency repair request from a school, have to liaise with the school concerned to arrange an on-site school inspection. The consultant concerned will conduct the on-site school inspection the same day the request is


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received should the situation so warrant and take follow-up actions as appropriate. We understand that the community is concerned about school facilities, especially those cuboidal shaped school premises constructed between the 1960s and 1980 at public housing estates for primary school use (that is, the so-called "matchbox-style school premises"). The Legislative Council Panel on Education (Education Panel) has discussed the related issues in past meetings. We are following up with the Education Panel and school representatives. To start with, we would look at problems arising from the unique design features of "matchbox-style school premises", with a view to identifying practical measures to improve the teaching and learning environment under the limitations in terms of space and architectural design. MR IP KIN-YUEN (in Cantonese): Deputy President, first of all, I hereby lodge a solemn protest against the Education Bureau. I also hope to draw the attention of Members present. I have raised some very important issues in the main question, but no response has been given by the Secretary. I asked if ceilings were set for repair work applications, but to no avail; I asked if the authorities had conducted safety assessments, but to no avail; I inquired about the actual conditions of schools, but to no avail; the Secretary even indicated that "for information about individual schools, Members may refer to the school profiles compiled by the Committee on Home-School Co-operation for reference, or approach the schools concerned direct", meaning that we are asked to find the information ourselves. Is this the way that the Secretary responds to questions in the Legislative Council? Is this practice a responsible one? I am of the view that the practice of the Education Bureau has made it impossible for the Council to play its monitoring role. We have marked quite a number of examination papers. Answering questions in this way will never get any marks. Will the Secretary answer the question again? DEPUTY PRESIDENT (in Cantonese): Mr IP Kin-yuen, what is your supplementary question? MR IP KIN-YUEN (in Cantonese): The main reply given by the Secretary just now has even generated some new questions. The Secretary has mentioned in


his main reply: "Both the Education Bureau and schools attach great importance to the condition of the school premises. The School Administration Guide has stated that the schools, as daily users, are responsible for maintaining the school premises in a safe and hygienic condition". He pointed out that both the Government and schools attach great importance to the condition of school premises, but he later said that the responsibility lies with schools. My supplementary question is: What is the Government responsible for after all? I have asked in the main question whether the Education Bureau has conducted inspections to see if problems exist in schools with regard to safety, structure, environmental safety and hygiene. Will the Secretary answer directly in this Chamber whether the Government is currently conducting assessments on the security and hygiene conditions of school premises, and what the results are? I am of the view that members of the public should have access to such information. SECRETARY FOR EDUCATION (in Cantonese): Deputy President, regarding Mr IP's supplementary question, when the Government constructed school premises in the past, it would ensure that the premises had met all the statutory requirements in respect of safety and hygiene. Upon completion of school premises, the schools, as daily operators, are responsible for the daily teaching and learning work in the premises. They certainly have the best knowledge of the areas in the school premises which require enhancement, improvement or repair. Under the existing system, the Education Bureau receives requests from schools for repair works every year. The consultants appointed by the Bureau will conduct on-site school inspections to examine the requested items, so as to decide if repair and maintenance are needed. In general, the Education Bureau is generally aware of the items which currently need repairs in the school premises and their conditions. MR IP KIN-YUEN (in Cantonese): Deputy President, I believe that I have stated very clearly, but the Secretary has not yet responded to my supplementary question. My question is: Has the Secretary assessed the current safety issue …


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DEPUTY PRESIDENT (in Cantonese): Mr IP, you have asked your question. Please sit down. Secretary, do you have anything to add? SECRETARY FOR EDUCATION (in Cantonese): I think I have responded to Mr IP's supplementary question based on the situation known to the Education Bureau. MR MARTIN LIAO (in Cantonese): Deputy President, according to the information provided by the Education Bureau, as at 30 April last year, a total of 105 vacant school premises (VSP) were left unused. Among them, only 14 VSP had already been reused or reallocated/planned for specific use. The low ratio not only reflects that the current mechanism for allocating school premises has failed to address the urgent need for relocating and reprovisioning sub-standard premises, it also shows that the Secretary has failed to make effective use of land resources. In addition, the Education Bureau has often refused to expedite the reconstruction and reprovisioning of "matchbox-style school premises" on the ground of the central allocation mechanism, contrary to the policy objective of the authorities to make good use of VSP. Deputy President, may I ask the Education Bureau what measures it will take to properly handle VSP with a view to balancing the demand and supply of school premises? SECRETARY FOR EDUCATION (in Cantonese): Deputy President, in handling the issues related to VSP, it is the practice of the authorities to inspect the facilities or environment of a VSP first, whenever one is available, to see if it is suitable for further educational uses. The authorities will then study whether the Education Bureau has the need to retain the premises for educational use. At present, there are 25 VSP under the purview of the Education Bureau. We have reviewed the locations of other VSP. Among them, some may be village schools, the facilities of which may be no better than those of the current so-called "matchbox-style school premises". When the authorities inspect a VSP, they will carefully consider two aspects: first, whether the school premise is suitable for further educational use; and second, whether it is necessary for the Education Bureau to retain the relevant school premise for educational use. Given the scarcity of land resources, if the authorities consider the answers to the aforesaid two questions to be both in the negative, we will refer the VSP for


disposal under the central clearing house mechanism, while the VSP retained will be considered for reprovisioning or the construction of a new school premises when necessary. Regarding this issue, the authorities will make a decision after considering the actual demand for school places in the community at that time. MR MARTIN LIAO (in Cantonese): How many of the 105 VSP of last year are suitable for further educational use, and how many of them have already been reprovisioned? DEPUTY PRESIDENT (in Cantonese): Secretary, do you have anything to add? SECRETARY FOR EDUCATION (in Cantonese): Deputy President, as I said just now, to the best of my recollection, the authorities should have now retained 25 of the 105 VSP, while some of the remaining VSP have been referred for disposal under the central clearing house mechanism. If Members are interested in the current use in detail or the future planned use of the aforesaid 105 VSP, the authorities may submit the relevant information after the meeting. (Appendix I) MS STARRY LEE (in Cantonese): Deputy President, in response to Members' supplementary questions, the Secretary has repeatedly stressed that the Government attaches great importance to improving school premises and their safety, and has cited a number of examples to illustrate previous efforts to improve school premises. However, the Education Panel has learned through different means in the past that the problems with "matchbox-style school premises" have not yet been solved. As you can imagine, the "matchbox-style school premises" are small in size, but they have to accommodate many teachers and students. In this learning environment, there is inevitably a lack of space for children's activities, leaving them fewer opportunities for promoting development in other areas. Not only will their school life be affected, teachers and principals cannot completely realize their educational goals as well. This issue has been raised many times, and the authorities have conducted on-site school inspections. May I ask the Secretary: Based on the judgment of


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the authorities, what is the crux of the problem? Does the problem lie in the inadequate resources of the Education Bureau for processing and handling immediately the project of "matchbox-style school premises"; or the lower priority accorded to "matchbox-style school premises" than other projects; or the filibustering in the Legislative Council, making it impossible for the relevant project, now awaiting scrutiny by the Council to proceed? Will the Secretary please tell us what the authorities consider to be the crux of the problem? What can be done to expedite the handling of "matchbox-style school premises" in an efficient way? SECRETARY FOR EDUCATION (in Cantonese): Deputy President, the authorities examine the adequacy of teaching and learning facilities in school premises from a holistic perspective by reviewing the number of items and the types of teaching and learning facilities in which each school is lacking. The authorities have not conducted specific studies on the so-called "matchbox-style school premises" because we have all along adopted a holistic approach in our inspections. Over a period of time in the past, the authorities have retrofitted some classrooms in various "matchbox-style school premises". In addition, as I mentioned just now, annexes were built for some schools to enhance facility. Hence, the facilities of various "matchbox-style school premises" are actually not quite the same. In view of the concerns expressed by Members at the Education Panel, the authorities also hope to try their best to offer assistance to various schools and students. At present, the authorities are working together with the Education Panel and some school sponsoring bodies to explore feasible projects to improve the teaching and learning facilities in school premises, with a particular focus on the design of "matchbox-style school premises". DR LAM TAI-FAI (in Cantonese): Deputy President, the problems with "matchbox-style school premises" have long existed. Both the education sector and parents have expressed grave concern, hoping that the Government will solve the relevant problems as soon as possible lest teaching and learning be affected.


Deputy President, I will first make a brief report before I raise my supplementary question. In the past two months, the Deputy Secretary and I have made strenuous efforts to tour and visit more than 10 "matchbox-style school premises" located in different areas, and we have discussed in detail with the principals of these schools in respect of hygiene, construction safety, as well as teaching and learning. During the two-month period, I have noticed the positive work attitude of the Government, which fully demonstrates its sincerity and determination in tackling the problems with "matchbox-style school premises". I hope that the authorities' seriousness in attaching weight to the issue will bring hope for improving "matchbox-style school premises". Deputy President, a "matchbox-style school premise" is just like a chronic patient with congenital diseases. I really hope that the Government will solve the relevant problems by "making a special arrangement for a special case". Given their many "congenital" problems, "matchbox-style school premises" require repairs very often. May I ask the Secretary if a special fund will be set up at the suggestion of the sector for handling the maintenance issues of this type of premises? Unlike the Year 2000-design school premises which require maintenance less often, "matchbox-style school premises", owing to its structure, are plagued with maintenance issues almost every month, or even every week. Without the special fund, schools will often have to wait until a few problems have arisen before solving them together, resulting in many problems in respect of hygiene and safety. SECRETARY FOR EDUCATION (in Cantonese): Deputy President, as mentioned by Dr LAM, in the past two months, the authorities have spent much time exploring ways to improve and tackle the problems with "matchbox-style school premises". As I mentioned just now, for a period of time in the future, the authorities will carry out many projects to improve the structure of these premises. By improving the structure of these premises, we hope that, as pointed out by Dr LAM, the various aspects of the school premises can be significantly improved. However, upon our inspections, if we find that there is really a special need to carry out certain works or set up the proposed special fund, we will take these relevant measures into our consideration. DEPUTY PRESIDENT (in Cantonese): Oral questions end here.


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WRITTEN ANSWERS TO QUESTIONS Impact of New Development Projects on Public Transport in Areas Around Pak Shek Kok 7. MR ALVIN YEUNG (in Chinese): President, a few housing estates in areas around Pak Shek Kok were completed and occupied in recent years. With the completion of a number of residential projects in the coming few years, there will be a marked population increase in areas around Pak Shek Kok. In addition, as the Finance Committee of this Council approved the funding application relating to Stage 1 of the Hong Kong Science Park Expansion Programme last month, it is estimated that the working population within the Science Park will increase from the existing some 17 700 persons to more than 30 000 persons upon completion of the Expansion Programme in 2020. Some residents in the district have pointed out that the aforesaid development projects will bring about heavy loading to the transport and ancillary facilities in areas around Pak Shek Kok. In this connection, will the Government inform this Council whether:

(1) it knows the following information on each of the residential projects in areas around Pak Shek Kok (set out in a table): (i) project name, (ii) number of flats, (iii) number of residents, (iv) number of private parking spaces, (v) number of public parking spaces, (vi) year of completion, and (vii) gross floor area (square feet);

(2) it knows the following information on each of the housing projects

which are under development or will be launched in areas around Pak Shek Kok (set out in a table): (i) project name/lot number, (ii) estimated number of flats, (iii) estimated number of residents, (iv) estimated number of private parking spaces, (v) estimated number of public parking spaces, (vi) anticipated year of completion, (vii) progress in land lot planning (if applicable), and (viii) estimated permissible gross floor area (square feet); and

(3) the Government will take measures to alleviate the traffic pressure

brought about by the population increase in areas around Pak Shek Kok; if it will not, of the reasons for that; if it will, the measures to


be taken; whether it will consider extending the East Rail Line and adding Pak Shek Kok Station along the Line, as well as increasing the number of routes for public light buses and franchised buses; if it will, of the details and implementation timetable; if not, the reasons for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, the consolidated reply to Mr Alvin YEUNG's question is as follows. The information relating to the residential developments in Pak Shek Kok, as provided by the Development Bureau, is at Annex 1. The Government will continue to identify suitable sites in different areas for housing development, with a view to addressing the housing needs of the community. The Transport Department (TD) has been closely monitoring the development and trends of transport demand in Pak Shek Kok, and co-ordinating various public transport services for the area. There are currently a total of eight franchised bus and green minibus (GMB) routes providing residents with services directly to and from the MTR University Station as well as different areas in Kowloon and the New Territories. Amongst them, four routes provide whole-day services and the other four provide services during peak hours (details at Annex 2). In accordance with established practices, the TD monitors the adequacy of service level through field surveys from time to time and operational data submitted by operators. According to the surveys and operational data, the average occupancy rate of the above franchised bus routes that provide whole-day services ranges from about 10% to 60% during peak hours. The occupancy rate of individual trips could be as high as 70%. The average occupancy rate of the GMB routes during peak hours ranges from about 10% to 30%. The occupancy rate of individual trips could be as high as about 90%. Overall, the current service arrangements could already meet the passenger demand of the two residential developments in Pak Shek Kok (that is, Providence Bay and Mayfair By The Sea) with intake. The TD will continue to closely liaise with public transport operators to monitor the public transport service arrangements for Pak Shek Kok and make appropriate adjustments taking into account the needs of the community, including those of the new population intake in future.


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According to established practices, the TD will arrange public transport services to tie in with the completion of any new developments. The arrangements include introduction of new routes and adjustment of existing services in a timely manner. Such practice is applicable to the new residential development projects including those in Pak Shek Kok.

Annex 1 Part 1: Completed Housing Developments in Pak Shek Kok (excluding the

developments planned or under construction)(1)

Housing Development

Providence Bay

Tai Po Town Lot No. 186

The Graces Tai Po Town Lot No. 187

Providence Peak

Tai Po Town Lot No. 188

Mayfair By The Sea

Tai Po Town Lot Nos. 200

and 201 Existing number of flats(2) 482 193 548 1 091 Existing population See (5) Existing number of car parking spaces (private)(2)

379 211 387 903

Existing number of car parking spaces (public)(3)

0 0 0 0

Year of completion(4) 2012 2012 2012 2015 Existing gross floor area(2) (sq m) 66 372 32 087 69 652 133 893 Part 2: Housing Developments Planned or Under Construction in Pak Shek Kok(1)

Housing Development

Tai Po Town

Lot No. 213

Tai Po Town

Lot No. 214

Tai Po Town

Lot No. 225

Tai Po Town

Lot No. 226

Tai Po Town

Lot No. 227

Tai Po Town

Lot No. 228 (under

tender)(12) Estimated number of flats

about 1 200(6) about 3 380(7)

Estimated population

See (5)


Housing Development

Tai Po Town

Lot No. 213

Tai Po Town

Lot No. 214

Tai Po Town

Lot No. 225

Tai Po Town

Lot No. 226

Tai Po Town

Lot No. 227

Tai Po Town

Lot No. 228 (under

tender)(12) Estimated number of car parking spaces (private)

about 1 000(10) about 1 100(11)

Estimated number of car parking spaces (public)(3)

0 0 0 0 0 0

Building Covenant(8) 30.6.2021 30.9.2020 30.9.2020 30.6.2021 31.3.2022 31.3.2022

Estimated gross floor area(9) (sq m)

66 500 67 900 83 660 61 635 103 266 38 325

Notes: (1) The lots are zoned for residential use on the approved Pak Shek Kok (East) Outline Zoning Plan (OZP)

No. S/PSK/13. According to the planning intention in the OZP, certain commercial and community uses are always permitted on the lowest three floors of a building or in the purpose-designed non-residential portion of an existing building at Tai Po Town Lot Nos. 187, 200 and 201.

(2) Based on the approved building plans. (3) Developer not required by lease to provide public car parking spaces. (4) Based on the date of Occupation Permit. (5) According to the approved Pak Shek Kok (East) OZP No. S/PSK/13, the total planned population of the

area is about 20 200. (6) Based on the preliminary planning estimation with assumed flat size of 110 sq m (subject to the developer's

actual design). (7) Based on the preliminary planning estimation with assumed flat size of 85 sq m (subject to the developer's

actual design). (8) For a development project, the lot owner is required to complete the construction of the minimum gross

floor area specified in the lease conditions and obtain an Occupation Permit from the Building Authority within the Building Covenant period specified in the lease conditions.

(9) Based on the permitted maximum gross floor area under the land sale conditions. (10) Based on the preliminary planning estimation with assumed flat size of 110 sq m and Hong Kong Planning

Standards and Guidelines (subject to the developer's actual design). (11) Based on the preliminary planning estimation with assumed flat size of 85 sq m and Hong Kong Planning

Standards and Guidelines (subject to the developer's actual design). (12) Tender invitation from 3 June 2016 to 8 July 2016 for Tai Po Town Lot No. 228.


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Annex 2

Details of Bus and GMB Routes Serving Pak Shek Kok

Bus/GMB Destinations Frequency Routes providing whole-day services KMB route no. 272A University Railway Station-Pak

Shek Kok (Providence Bay) (Circular)

Every 20 to 30 minutes

KMB route no. 74D Tai Po (Kau Lung Hang)-Kwun Tong Ferry

Every 60 minutes

GMB route no. 27A Pak Shek Kok (Providence Bay)-Sha Tin (Pai Tau Street)

Every 12 to 20 minutes (with special departures via University Railway Station during morning and evening peak hours)

GMB route no. 28S Pak Shek Kok (Providence Bay)-Sha Tin (Pak Hok Ting Street) (Circular)

Every 30 to 45 minutes

Routes providing peak-only services KMB route no. 74P Kwun Tong Ferry-Tai Po

Central Monday to Friday (except public holiday) at 8 am from Kwun Tong to Tai Po

KMB route no. 272P Tai Po (Fu Heng)-Kwai Hing Monday to Saturday (except public holiday) at 7.15 am from Tai Po to Kwai Hing

KMB route no. 274P Wu Kai Sha Railway Station-Tai Po Industrial Estate

Monday to Saturday (except public holiday) at 7.20 am, 7.40 am and 7.55 am from Wu Kai Sha Railway Station to Tai Po

LWB route no. A47 Tai Po (Fu Heng)-Airport (Ground Transportation Centre)

Every day at 7.10 am from Tai Po to Airport and at 6 pm from Airport to Tai Po


Financial Data of MTR Corporation Limited and Fare Concessions It Offered 8. MR MICHAEL TIEN (in Chinese): President, since 2010, the MTR Corporation Limited (MTRCL) has raised its fares for seven consecutive years under the Fare Adjustment Mechanism. Although MTRCL has offered various fare concessions to passengers, some members of the public are still dissatisfied that albeit having recorded sizeable profits, MTRCL has raised its fares year after year, thereby increasing their financial burden. Regarding the financial data of MTRCL and the fare concessions it offered to passengers, will the Government inform this Council whether it knows, in each of the past three years:

(1) the total profit of MTRCL's underlying businesses, and the respective

profits arising from (i) Hong Kong transport operations, (ii) businesses at MTR stations in Hong Kong, (iii) property rental and management businesses in Hong Kong, (iv) property developments in Hong Kong, (v) Mainland China and international businesses, and (vi) other businesses (including Ngong Ping 360, railway consultancy businesses and project management services) (set out in a table);

(2) (i) the total number of shops in MTR stations, (ii) the average lease

period of such shops, (iii) the annual growth rate of the floor area of the shops, and (iv) the rental income of MTRCL from the shops (set out in a table);

(3) the advertisement income of each MTR station (set out in a table);

(4) the number and total value of the MTR Shops Coupons offered to

passengers purchasing Monthly Passes;

(5) the total value of the concessions MTRCL offered to passengers for train incidents causing delays to their journeys; and

(6) the projected and actual total value of the fare concessions offered

by MTRCL, with a tabulated breakdown by concession item (including fare concession for children, Student Travel Scheme, fare concession for the elderly, Fare Saver Discounts, half-fare concession for persons with disabilities, MTR City Saver, Monthly


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Pass Extra, Early Bird Discount, 10% Same-Day Second-Trip Discount and MTR Festive Discount, etc.)?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, the existing Fare Adjustment Mechanism (FAM) of the MTR Corporation Limited (MTRCL) has been put in place since the rail merger in 2007 to replace the fare autonomy the MTRCL hitherto enjoyed. The FAM adopts a direct-drive formula. Fares are adjusted in accordance with the figures released by the Government. It is an open, objective and transparent mechanism. According to the Operating Agreement entered into between the Government and MTRCL in August 2007, the FAM of the MTRCL may be reviewed every five years. The Government and MTRCL conducted the first review of the FAM of the MTRCL during 2012 to 2013 and announced the review outcome in April 2013. That review introduced multiple measures to reduce citizens' fare burden of travelling by railway, while maintaining the financial prudence of the MTRCL as a listed company. The next review is originally scheduled for completion in 2018. The Government announced on 20 April 2016 that it would advance the review with the MTRCL. The main direction of this review is to see how the operation of the mechanism could better respond to public concern about the relationship between fare adjustment and MTRCL's profitability as well as passengers' affordability, whilst still respecting the financial prudence required of the Corporation as a listed company, on the premise that a transparent FAM banked on public and objective data and a direct-drive formula will be retained. Details are in the "Consultation Paper on the Review of the MTR Fare Adjustment Mechanism" which has been uploaded to the Government's websites. The websites are <www.thb.gov.hk> and <www.td.gov.hk>. My reply to the various parts of Mr Michael TIEN's question is as follows:

(1) The details of underlying business profits for the MTRCL from 2013 to 2015 are at Annex 1. The underlying business profits being referred to include profits from all the businesses of the MTRCL. Those from property developments and overseas businesses are also included.


(2) and (3)

The MTRCL advises that it has been striving to provide a comfortable and convenient travelling environment for passengers and providing shops in MTR stations, to meet the different daily needs of passengers. MTRCL's rental information of shops in stations from 2013 to 2015 is at Annex 2.

The MTRCL engages advertising agency companies to handle advertising business within the MTR system on behalf of the Corporation. There are varied modes such as advertising light boxes, train body advertisements and electronic displays at different advertising locations in MTR stations or train compartments. The Corporation advises that, usually, the advertising agency companies will provide packages of different products and concessions to suit the needs of clients. For example, a package may include advertising light boxes of different sizes in stations, station wall advertisements and advertisements on the train bodies. Advertising income is not classified by stations. As such, the breakdown figures for advertising revenue according to MTR stations cannot be provided. Details of advertisement locations and total advertising revenue from 2013 to 2015 are at Annex 3.

(4) to (6)

The MTRCL offers a series of fare concessions and promotion schemes every year. The Corporation estimates that, between 2013 and 2015, such promotions brought savings ranging from more than $200 million to around $500 million to passengers each year for the 12 months after the implementation of the new fares.

Upon the first review of the FAM, a "Service Performance Arrangement" has been put in place in 2013, whereby regulating the MTRCL to set aside $1 million to $15 million, depending on the duration of disruption, for each service disruption (of 31 minutes or above) caused by factors within its control. This will be given back to passengers by means of fare concessions. Under the "Service Performance Arrangement", the amount set aside by the MTRCL in


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2013, 2014 and 2015 was $13 million, $27.5 million and $20 million respectively.

In 2013, the MTRCL also launched the "Monthly Pass Extras" to replace the original Monthly Passes. Passengers using the "Monthly Pass Extras" enjoy a 25% discount for connecting domestic journeys beyond the specified stations on top of the unlimited rides between specified stations within the month of purchase.

In 2014, the Corporation launched the "MTR City Saver". This fare promotion scheme has been well received by frequent medium- to long-distance MTR passengers commuting within the urban area. Holders of the "MTR City Saver" are entitled to 40 MTR rides between designated stations in the urban area within 30 days from the day of first use of the ticket for travelling.

Passengers would receive a bonus $50 MTR Shops Cash Coupon for each purchase of any July or August "Monthly Pass Extra" in 2015 or purchasing the "MTR City Saver" during these two months. A total of over 400 000 cash coupons were issued by the Corporation and the value involved was over $20 million.

Besides, the MTRCL has been offering a wide range of ongoing fare concessions and promotional schemes every year to benefit dedicated passenger groups, including the elderly, children, eligible students and persons with disabilities (PWDs). During 2013 and 2015, such fare concessions brought extra fare savings of more than $2 billion to passengers each year. Details of the major fare promotion and concession items offered by the MTRCL during 2013 to 2015 are at Annex 4.

In the coming 12 months, the MTRCL will offer passengers fare concessions of $175 million under the "Profit Sharing Mechanism" and that of $11 million under the "Service Performance Arrangement", through providing the "10% Same-Day Second-Trip Discount" promotion to passengers for more than four months. The MTRCL will also continue to offer promotions such as the "Monthly Pass Extras", "MTR City Saver" and "Early Bird Discount


Promotion", introduce the "Designated Saturday Offer" fare concession scheme, and upgrade all MTR Fare Savers in Hong Kong to provide $2 discount, bringing an estimated fare savings of more than $500 million in total to passengers.

Annex 1

Segmental Profits of MTRCL's Underlying Businesses for 2013 to 2015

For the year ended 31 December (HK$ million) 2013 2014 2015

Operating profit before interest and property development

- Hong Kong transport operations 2,716 2,710 2,493 - Hong Kong station commercial

businesses 3,668 3,927 4,230

- Hong Kong property rental and management businesses

3,092 3,427 3,650

- Railway, property rental and management businesses outside Hong Kong

704 782 633

- Other businesses 86 129 60 - Unallocated(1) (486) (454) (304) 9,780 10,521 10,762 Interest and finance charges (732) (546) (616) Share of profit or loss of associates 158 121 361 Non-controlling interests(2) (183) (191) (144) Tax on recurrent profits (1,586) (1,881) (1,798) Post-tax recurrent profits (A) 7,437 8,024 8,565 Hong Kong Property Development Profit before tax and interest

1,396 4,216 2,891

Interest relating to Hong Kong Property Development Profit

- - -

Tax on Hong Kong Property Development Profit

(233) (632) (475)

Hong Kong Property Development Profit after tax and interest

(B) 1,163 3,584 2,416


12799

For the year ended 31 December (HK$ million) 2013 2014 2015

Mainland of China Property Development Profit/(Loss) before tax and interest

- (55) (140)

Interest relating to Mainland of China Property Development Profit/(Loss)

- 1 17

Tax on Mainland of China Property Development Profit/(Loss)

- 17 36

Mainland of China Property Development Profit/(Loss) after tax and interest

(C) - (37) (87)

Property Development Profit after tax and interest

(B+C) 1,163 3,547 2,329

Underlying Businesses Profit (A+B+C) 8,600 11,571 10,894 Notes: (1) Unallocated amount relates to project studies and business development expenses. (2) Non-controlling interests represent the equity in a subsidiary not attributable directly or

indirectly to MTRCL.

Annex 2

Leasing Information of Shops at MTR Stations from 2013 to 2015

2013 2014 2015 Number of shops at MTR Stations 1 336 1 350 1 362 Total area of shops 56 350 sq m 55 696 sq m 56 238 sq m Change in total area of shops 1% increase 1% decrease 1% increase Average lease period of shops 3 years Rental revenue of shops $2.933 billion $3.197 billion $3.540 billion

Annex 3

Advertising Revenue of MTRCL from 2013 to 2015

2013 2014 2015 Total number of advertising units 45 058 45 007 45 185 Advertising revenue $1.053 billion $1.118 billion $1.109 billion


Annex 4

Major Fare Promotion and Concession Items provided by MTRCL from 2013 to 2015

Major Fare Promotion and Concession Items 2013 2014 2015 Amount Involved (in $ million)

Fare concession for Children 223 244 265 Student Travel Scheme 686 695 705 Fare concession for the Elderly and $2 fare promotion for the Elderly(1) 600 675 767

Fare concession for PWDs 70 80 89 Monthly Pass Extras (including "Monthly Pass" sold in 2013) and Day Pass 273 328 354

Free interchange offer and Light Rail Personalized Octopus Frequent User Bonus Scheme

171 186 192

Subtotal of Ongoing Concession Items 2,023 2,208 2,372 "10% Same-Day Second-Trip Discount" promotion(2) 493 398 416

"MTR City Saver" N/A 49 102 "Early Bird Discount Promotion" N/A 27 80 "MTR Festive Discount" N/A 63 MTR Fare Saver(3) 95 96 90 Total of Major Fare Promotion and Concession Items 2,611 2,778 3,123

Notes: (1) Under the "Public Transport Fare Concession Scheme for the Elderly and Eligible

Persons with Disabilities" (the Scheme) implemented by the Government since 28 June 2012, elderly and eligible PWDs enjoy the concessionary fare of $2 per trip for MTR domestic services. As the MTRCL has been offering half fare concessions to the elderly and eligible PWDs, the Government therefore pays for the difference between half fare and the $2 fare concession under the Scheme. But, the MTRCL still offers on its own the $2 fare concession to the elderly on Wednesdays, Saturdays and public holidays with its own resources and pays for the difference between half fare and the $2 fare concession. The MTRCL also pays for the expenses of the difference between half fare and the $2 fare concession for the elderly and eligible PWDs travelling to and from Racecourse Station.

(2) 2013-2014: The "10% Same-Day Second-Trip Discount" promotion from 31 December

2012 to 30 June 2013 was included when the MTRCL launched the 2012 fare promotion


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schemes in June 2012. For the 2013 fare promotions schemes launched by the MTRCL in June 2013, passengers enjoyed additional fare promotions of $150 million and $13 million under the "Profit Sharing Mechanism" and the "Service Performance Arrangement", respectively, introduced according to the outcome of the first FAM review, with a total of $163 million. The amount was given back to passengers through the "10% Same-Day Second-Trip Discount" promotion which lasted for four months. In addition, as a result of MTRCL's unspent sum of around $200 million from the 2012 fare promotion schemes, this amount was subsequently provided to passengers through the "10% Same-Day Second-Trip Discount" promotion, extending the promotion period for five months. As such, the MTRCL launched the "10% Same-Day Second-Trip Discount" promotion for nine months from 1 July 2013 to 31 March 2014.

2014-2015: According to the outcome of the first FAM review, a total of $152.5 million

was set aside by the MTRCL for fare concessions for passengers through the "10% Same-Day Second-Trip Discount" promotion ($125 million under the "Profit Sharing Mechanism" and $27.5 million under the "Service Performance Arrangement). The discount was offered for three and a half months for the period from 29 June 2014 to 15 October 2014. To celebrate MTRCL's 35th anniversary of serving Hong Kong people, MTRCL extended the "10% Same-Day Second-Trip Discount" promotion by six and a half months to 10 months which lasted until 30 April 2015.

2015-2016: According to the outcome of the first FAM review, a total of $220 million

was set aside by the MTRCL for fare concessions for passengers through the "10% Same-Day Second-Trip Discount" promotion ($200 million under the "Profit Sharing Mechanism" and $20 million under the "Service Performance Arrangement"). The discount was offered for about five months for the period from 21 June 2015 to 30 November 2015.

(3) MTR Fare Savers discounts are provided as commercial promotions and therefore they

are not part of the ongoing fare concessions. Disability Allowance Scheme 9. MISS CHAN YUEN-HAN (in Chinese): President, the Disability Allowance (DA) Scheme aims to assist severely disabled Hong Kong residents in meeting the special needs arising from their disabilities. In addition, the Social Security Appeal Board (Appeal Board) under the Social Welfare Department (SWD) is responsible for processing appeals lodged by individuals who are not satisfied with the decision of SWD in respect of welfare assistance (including DA). On the other hand, an Inter-departmental Working Group on Review of the Disability Allowance (the Working Group) was set up by the Labour and Welfare Bureau in February 2013 to follow up the issue of allowing persons with loss of one limb to apply for DA and related matters. This year's Policy Address stated that the Working Group had completed its work, and the Government would progressively implement the various proposals put forward by the Working


Group, including removing the reference to "100% loss of earning capacity" from the medical assessment form so that persons with loss of one limb may apply for DA. In this connection, will the Government inform this Council:

(1) whether it has projected, upon the progressive implementation of the proposals put forward by the aforesaid Working Group, the number of persons with disabilities (PWDs) who will lodge complaints with the Appeal Board as their applications for DA were rejected in the past; if it has, of the number of the persons concerned;

(2) of the number of applications for DA rejected by the authorities in

each of the past three years; among such cases, the number and percentage of those cases whose applicants lodged appeals with the Appeal Board;

(3) of the number of cases, in the past three years, in which the Appeal

Board overturned SWD's decisions after hearing the cases;

(4) given that at present, when the Appeal Board processes cases involving medical assessment made by doctors of public hospitals or clinics, arrangements will be made for the applicants to receive medical assessment again, but quite a number of PWDs are of the view that such an arrangement does not help their cases to be processed in a fair manner, whether the authorities will reform the appeal mechanism, including introducing the assessment of social factors and making comprehensive considerations; if they will, of the details; if not, the reasons for that; and

(5) given that the Ombudsman released in October 2009 its Direct

Investigation Report on Granting of Disability Allowance and Processing of Appeals by Social Welfare Department and made a number of suggestions, whether the authorities have followed up such suggestions; if they have, of the details and whether they have accepted all of the suggestions; if not, the reasons for that?

SECRETARY FOR LABOUR AND WELFARE (in Chinese): President, to follow up on the subject of allowing people with loss of one limb to apply for the Disability Allowance (DA), as mentioned by the Chief Executive (CE) in his


12803

Manifesto, and related issues, the Labour and Welfare Bureau set up in February 2013 a working group entitled Inter-departmental Working Group on Review of the Disability Allowance (the Working Group). The CE announced in his 2016 Policy Address that the Working Group had completed its work and the Government would implement the recommendations put forward by the Working Group. The Labour and Welfare Bureau, together with relevant departments and the Hospital Authority (HA) which participated in the Working Group, attended the meetings of the Legislative Council Panel on Welfare Services on 15 February 2016 and 3 May 2016 to brief Panel Members on the outcome of the review and the Government's plans to implement the Working Group's recommendations. In the light of the views expressed by some organizations and individuals attending the meeting on 3 May 2016 regarding the proposed amendments to the Medical Assessment Form (MAF), the Labour and Welfare Bureau indicated at that meeting that it would temporarily defer incorporating the proposed amendments to the MAF, while focusing on the implementation of the other recommendations of the Working Group. The Working Group's recommendations that would be implemented include, among others, standardizing the arrangements for the use of rehabilitation and mechanical devices (for example, prosthesis) by DA applicants in medical assessment. My reply to Miss CHAN Yuen-han's question is set out below.

(1) Medical assessment for the DA is conducted in accordance with the assessment criteria and arrangements applicable at the time when an applicant is being assessed. Under the existing mechanism, individual applicant who objects to the decision of the Social Welfare Department (SWD) in respect of eligibility and payment of the DA may lodge an appeal to the independent Social Security Appeal Board (SSAB) within four weeks from the date of notification of the relevant decision. The SWD has not estimated the number of appeals to be received after the progressive implementation of the recommendations of the Working Group. Recommendations of the Working Group will only come into effect on the date of implementation and thereafter but will not have any retrospective effect.


(2) and (3)

Included in the ensuing table are the number of DA-related appeals received by SSAB, the number of DA-related appeals decided by SSAB and the number of DA-related appeals allowed by SSAB in the past three years.

Year Number of DA-related

appeals received

Number of DA-related

appeals decided(1)

Number of successful DA-related appeals(2)

2013-2014 378 263 67 2014-2015 356 287 76 2015-2016 374 309 67

Notes: (1) This refers to the actual number of decisions in respect of DA-related

appeals made by SSAB in the respective years, and includes the appeals lodged during and before the respective years.

(2) This refers to the number of DA-related appeals as allowed by SSAB in

the respective years.

(4) Under the existing appeal mechanism of the DA, upon receiving an appeal involving medical assessment, SSAB and the HA will arrange the appellant to undergo another round of medical assessment. The assessment will be conducted by the Medical Assessment Board (MAB) which is responsible for social security appeals. Members of MAB comprise doctors from both public and private medical institutions. MAB will conduct the assessment with reference to the appellant's disabling condition, results of previous medical assessment, the appellant's submissions, and so on, and MAB will submit a report to SSAB. SSAB, which comprises members from the community, medical and health sector, business sector, and so on, will, after receiving the assessment report, make a decision on individual appeal. At present, the SWD has no plan to change the above mechanism.

(5) The Ombudsman published the Direct Investigation Report (DIR) on

"Granting of Disability Allowance and Processing of Appeals by


12805

Social Welfare Department" in October 2009. The Working Group noted that the SWD, together with the Labour and Welfare Bureau, the Department of Health (DH), the HA and the Efficiency Unit under the Chief Secretary for Administration's Office, set up an SWD Working Group in November 2009 to follow up on the Ombudsman's recommendations in the DIR. The SWD is currently co-ordinating the implementation of measures proposed by the SWD Working Group, such as amending the notification to applicant to specify the reason for rejecting his/her DA application; and enhancing the co-ordination and communication among the SWD, the DH and the HA, and so on.

One of the recommendations of the Ombudsman is to amend the MAF, with a view to, among others, removing the reference to "loss of 100% earning capacity". The Ombudsman also expressed views on the assessment criterion of "working in the original occupation and performing any other kind of work for which he/she is suited" (work-related criterion) as included in the MAF. One of the Working Group's recommendations is to amend the MAF, and the proposed amendments include, among others, removing the reference to the "loss of 100% earning capacity" and the work-related criterion. The Rehabilitation Advisory Committee has also supported the proposed amendments. As mentioned above, in the light of the views expressed by some organizations and individuals at the meeting of the Legislative Council Panel on Welfare Services on 3 May 2016 on the proposed amendments to the MAF, the implementation of the proposed amended MAF will be temporarily deferred. The Government will focus on implementing the other recommendations of the Working Group.

Low-income Working Family Allowance Scheme 10. MR LEUNG YIU-CHUNG (in Chinese): President, in April this year, the Government rolled out the Low-income Working Family Allowance (LIFA) Scheme with an aim to relieve the financial burden of working-poor households. The eligibility criteria include: a family consisting of two or more members, the applicant meeting the working hour requirements and the family meeting the income and asset limits. Implemented in three phases, the LIFA Scheme


received/will receive applications from four-person, three-person and two-person families in May, June and July this year respectively. In this connection, will the Government inform this Council of the following since the launch of the LIFA Scheme:

(1) the total number of applications received by the authorities; (2) the number of applications received by the authorities from the

ethnic minorities (EMs), and the number of interpreters arranged to help EMs complete the application forms;

(3) the respective numbers of applications received by the authorities

from families with four persons or more and families with three persons; among such applications, the number and percentage of applications approved, with a breakdown by the applicant's gender, age, household size, residential district, industry in which they were engaged, employment pattern, monthly wage level and amount of allowance granted; and

(4) the number of applications rejected by the authorities; among such

applications, the respective numbers of those from families with four persons or more and families with three persons, and set out a breakdown by reason for rejection in tables of the same format as the following table?

Rejected applications from families with _____ persons

Reasons for rejecting the applications Number of applications The household asset has exceeded the limit The household income has exceeded the limit

Family members' days of absence from Hong Kong have exceeded the limit

The applicant has failed to provide the necessary information

The applicant is not lawfully employed or self-employed

The applicant works less than 144 hours per month


12807

Reasons for rejecting the applications Number of applications The applicant has already received household-based Work Incentive Transport Subsidy

Others SECRETARY FOR LABOUR AND WELFARE (in Chinese): President, my reply to the question raised by Mr LEUNG Yiu-chung is as follows:

(1) Since the implementation of the Low-income Working Family Allowance (LIFA) Scheme on 3 May 2016 and up to 24 June 2016, the Working Family Allowance Office (WFAO) of the Working Family and Student Financial Assistance Agency received 20 876 applications.

(2) As of 24 June 2016, based on preliminary vetting, there were over

470 applications from families of ethnic minorities (EMs). To help EMs apply for LIFA, WFAO now hires interpretation

service and collaborates with non-governmental organizations which support the EMs. EM applicants are provided with interpretation services to help them fill in application forms.

Since the application forms for the LIFA Scheme began to be made

available in April 2016, WFAO has organized 11 briefing sessions with simultaneous interpretation services for EMs to introduce the Scheme and explain to them how to complete the application forms. On-site service was also provided to help participants fill in the application forms and answer their questions. Moreover, WFAO has collaborated with various non-governmental organizations/bodies/district organizations in organizing six enquiry sessions with interpretation service.

In addition, WFAO has enlisted the assistance of the Centre for

Harmony and Enhancement of Ethnic Minority Residents (CHEER) to handle telephone enquiries made in EM languages. Calls of enquirers who select languages other than Cantonese, Putonghua and


English will be transferred to CHEER whose staff will answer general enquiries from EMs on the LIFA Scheme. When the enquiries relate to more detailed questions, WFAO and CHEER will arrange a three-way telephone interpretation service so that WFAO can explain the LIFA applications to EM enquirers. EM applicants who visit the enquiry counter of WFAO may also make use of the telephone interpretation service provided by CHEER to enquire about matters of the LIFA Scheme if they have difficulty in communicating with the staff of WFAO.

(3) Among the applications received as of 24 June 2016, there were

more than 15 500 from families with four or more persons, nearly 5 200 from families with three persons and more than 150 from families with two persons.

As of 24 June 2016, WFAO has completed processing 462

applications from families with four or more persons with sufficient information and documentary proof. This accounts for 3% of the applications from families with four or more persons received. WFAO will continue to work hard to process other applications, including conducting data matching with relevant departments and seeking supplementary information or further clarifications from the applicants. The detailed analysis of the 462 approved applications is at the Annex.

(4) As of 24 June 2016, no applications had been rejected.

Annex

Detailed Analysis of the Approved LIFA Applications

Breakdown by applicants' gender Gender Number of approved applications

Male 397 Female 65 Total 462


12809

Breakdown by applicants' age Age Number of approved applications

Under 25 2 25-30 37 31-35 59 36-40 100 41-45 109 46-50 67 51-55 61 56-60 17 61-65 8 Over 65 2 Total 462 Breakdown by number of family members

Family size Number of approved applications 4 persons 375 5 persons 76 6 or more persons 11 Total 462 Breakdown by residential address

Districts Number of approved applications Kwun Tong 60 Kwai Tsing 52 Yuen Long 51 Tuen Mun 43 Sha Tin 38 Sham Shui Po 35 Wong Tai Sin 29 Sai Kung 26 North 25 Eastern 20 Tsuen Wan 20 Kowloon City 17 Islands 13 Tai Po 9 Yau Tsim Mong 9


Districts Number of approved applications Southern 8 Central and Western 5 Wan Chai 2 Total 462 Breakdown by occupation

Occupation Number of approved applications Elementary occupations 143 Service and sales workers 106 Craft and related workers 75 Associate professionals 49 Clerical support workers 42 Plant and machine operators and assemblers 4 Professionals 4 Others 39 Total 462 Breakdown by pattern of work

Number of jobs Number of approved applications One job 310 More than one job 152 Total 462

Nature of job Number of approved applications Employed 435 Self-employed 14 Both employed and self-employed 13 Total 462

Breakdown by level of monthly family income Monthly family income Number of approved applications

Not higher than 50% of the Median Monthly Domestic Household Income

392

Exceeding 50% but not higher than 60% of the Median Monthly Domestic Household Income

70

Total 462


12811

Breakdown on the amount of LIFA approved Amount of allowance approved Full-rate ($) Half-rate ($) Total ($) Basic Allowance 84,600 12,300 96,900 Higher Allowance 2,108,000 177,000 2,285,000 Child Allowance 3,636,800 352,400 3,989,200 Total 5,829,400 541,700 6,371,100 Financial Position of University Grants Committee-funded Institutions 11. MR ALBERT HO (in Chinese): President, the 2015 Policy Address stated that "[t]he community colleges of University Grants Committee-funded institutions have experienced rapid growth and some have accumulated large surpluses. We will ask the institutions to critically review their financial position and consider ways to use their surpluses to benefit their students, such as lowering tuition fees and offering scholarships or bursaries for underprivileged students." In reply to a question raised at the meeting of this Council of 18 May this year, the authorities stated that in response to the aforesaid recommendation put forth in the Policy Address, the authorities had issued letters to the various funded institutions to request them to review the financial position of their self-financing community colleges or other self-financing arms or affiliates offering self-financed sub-degree programmes as well as the use of their surpluses for the benefits of students. The authorities also indicated that they did not possess any information concerning the total amounts of students' tuition fees reduced or waived and scholarships or bursaries offered for underprivileged students by those institutions in the past five years. In this connection, will the Government inform this Council:

(1) of the justifications for making the statement that "some [institutions] have accumulated large surpluses" in the Policy Address; the policy bureaux or government departments that had confirmed and verified such a statement beforehand; whether there are currently systems or measures in place to ensure beforehand the accuracy of information contained in the Policy Address;

(2) whether it knows how the various funded institutions conduct

auditing on their financial position; whether the authorities have verified the financial information furnished by various funded institutions, and whether there are other channels available for grasping such information for the purpose of cross checking; if they


have verified and there are such other channels, of the details; if not, the reasons for that; and

(3) whether the Chief Executive's report of work in July this year will

give an account of the progress of the authorities' follow-up to the accumulation of large surpluses by funded institutions; if so, of the details; if not, the reasons for that?

SECRETARY FOR EDUCATION (in Chinese): President, at present, seven out of the eight universities funded by the University Grants Committee (UGC) (except The Hong Kong University of Science and Technology) have established self-financing community colleges or other similar self-financing arms offering sub-degree programmes. A total of nine organizations are relevant, namely the School of Professional and Continuing Education of the University of Hong Kong, School of Continuing and Professional Studies of the Chinese University of Hong Kong, Hong Kong Community College of the Hong Kong Polytechnic University, Community College of City University (CCCU), School of Continuing Education of Hong Kong Baptist University, Academy of Film under Hong Kong Baptist University's School of Communication, Lingnan Institute of Further Education of Lingnan University, Community College at Lingnan University, and Unit of Associate Degree Studies of the Education University of Hong Kong. My reply to the question raised by Mr Albert HO is as follows:

(1) and (3)

Based on the information provided by the institutions, the surplus or deficit recorded by each institution for the 2014-2015 financial year and the amount of their accumulated surpluses or deficits are set out at Annex. Some institutions have indeed accumulated surpluses, which is consistent with the relevant statement in the 2015 Policy Address. Meanwhile, some institutions have accumulated deficits.

As stated in our reply to a relevant Legislative Council question on

18 May 2016, in response to the recommendation put forth in the 2015 Policy Address, the Education Bureau has issued letters to the institutions concerned to request their review of the financial position of their self-financing community colleges or other similar


12813

self-financing arms (that is, self-financing arms or affiliates offering sub-degree programmes) as well as the use of their surpluses (if any) for the benefits of students.

In view of the concern expressed by the Chief Executive in his

Policy Address, the institutions realized that they had to enhance the transparency of their financial position and to proactively identify ways to use their surpluses (if any) to benefit students. The institutions concerned are all non-profit-making organizations. Although some of them had accumulated surpluses, they pointed out that, as a result of the review, the financial surpluses needed to be (or would be) used for improving campus facilities, developing new school premises, repaying loans under the Government's Start-up Loan Scheme, enhancing teaching and learning (including the provision of support for students with different financial needs in various aspects, for example, e-learning, internship/student exchange programmes), and/or offering scholarships or bursaries, with a view to benefiting the students eventually. This was exactly the purpose of the Policy Address in calling on the institutions to use their surpluses to benefit their students in various ways. Besides, the institutions pointed out that they needed to keep sufficient reserves to maintain their operation in view of volatilities and uncertainties that might arise each year, and given the decline in the number of secondary school leavers in the coming few years. The Education Bureau acknowledges such needs.

(2) The UGC Notes on Procedures (NoP) clearly set out the

requirements on the eight UGC-funded universities' financial reporting, audit and assurance. In preparing their annual financial statements, universities should follow the prevailing Hong Kong Financial Reporting Standards issued by the Hong Kong Institute of Certified Public Accountants and the Statement of Recommended Practice for the UGC-funded Institutions. The annual financial statements of a university shall report its overall financial position (including that of its self-financing arms and subsidiaries) and be audited by an independent external auditor. As far as audit and assurance is concerned, in addition to the annual audit of the financial statements, universities are required to engage independent external auditors to provide an assurance as to whether they have accounted for the income and expenditure in respect of the funds


received from the UGC in accordance with the relevant provisions of the UGC NoP and the allocation letters; and submit an annual return.

Moreover, to provide further assurance of the proper use and

application of public funds as represented in the audited financial statements and the annual return, Heads of Universities are requested to provide a Certificate of Accountability to the UGC annually, after the close of each financial year, to confirm that public funds allocated via the UGC and matched donations under the Matching Grant Schemes have been spent in accordance with the UGC NoP, allocation letter and other guidelines and approved Government policies.

Annex

Financial Position of Self-financing Community Colleges or Other Similar Self-financing Arms of University Grants Committee-funded Universities

Self-financing community colleges or other similar

self-financing arms offering sub-degree programmes

Surplus(or Deficit) ($ million)

2014-2015 financial year

Accumulated amount (as at 2014-2015 financial year)

Community College of City University (CCCU)(1)

11.4 937.3(3)

School of Continuing Education, Hong Kong Baptist University(1)

2.912 (38.33)

Academy of Film of Hong Kong Baptist University's School of Communication(1)

1.563 3.049

Lingnan Institute of Further Education, Lingnan University(2)

(32.983) (10.607)

Community College at Lingnan University(2)

(14.333) 137.2384

School of Continuing and Professional Studies, The Chinese University of Hong Kong (CUSCS)(5)

1.8 288


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Self-financing community colleges or other similar

self-financing arms offering sub-degree programmes

Surplus(or Deficit) ($ million)

2014-2015 financial year

Accumulated amount (as at 2014-2015 financial year)

The Education University of Hong Kong ― Unit of Associate Degree Studies(1) (operation to cease in the 2016-2017 academic year)

1.8 4.4 (Estimate for the 2016-2017

academic year)

Hong Kong Community College, The Hong Kong Polytechnic University (PolyU HKCC)(1)

(68.004) 501.719(6)

School of Professional and Continuing Education, The University of Hong Kong(7)

(26.033) 827

Notes: (1) Covering the operation of self-financing sub-degree programmes only. (2) Overall financial position of the institutions (including the operation of programmes other

than sub-degree programmes). (3) CCCU will move out of the campus of the City University of Hong Kong in a few years

and will need to make use of its financial reserve mainly for new campus development and the provision of teaching support systems and facilities required.

(4) The accumulated surplus mainly comprises fixed assets (such as teaching building). (5) According to CUSCS, the sub-degree programmes it offers include Higher Diploma (HD)

programmes only. Under the existing financial system, the financial position of HD programmes cannot be separately identifiable. According to the internal cost allocation, HD programmes have in fact been operating with a deficit in the 2014-2015 financial year because it is the intention of CUSCS to keep the tuition fees at an affordable level. The accumulated surplus provided above is the overall surplus accumulated over the past 51 years including both HD (launched since 2001) and non-HD programmes (launched since 1965).

(6) About $100 million is earmarked in the 2015-2016 academic year for scholarships,

bursaries, overseas exchange programmes for students, enhancement of campus facilities, and so on. Related expenditures from the 2012-2013 to 2014-2015 academic years amounted to a total of about $270 million. The institution also needed to repay outstanding Government loans of about $641 million.

(7) Overall financial position of the institution (including the operation of programmes other

than sub-degree programmes). The financial reserve was an accumulation over many years and was required for repaying outstanding Government loans of about $205 million; investing in new programmes; enhancing campus facilities; and for contingencies, and so on.


Assisting Enterprises of Belt and Road Countries in Opening Bank Accounts 12. MR NG LEUNG-SING (in Chinese): President, at the end of March last year, our country issued a document entitled Vision and Actions on Jointly Building Silk Road Economic Belt and 21st-Century Maritime Silk Road, outlining the development ideas and blueprint of the Belt and Road Initiative. The Government has indicated that it will actively participate in and dovetail with the implementation of the strategies of the Belt and Road Initiative and explore the roles that Hong Kong could play, including serving as centres for capital formation and financing and international asset management under the Belt and Road Initiative. In this connection, will the Government inform this Council whether it has studied ways to assist enterprises of the Belt and Road countries in opening bank accounts in Hong Kong; if it has, of the details, including the difficulties such enterprises may encounter when opening bank accounts, and the measures the Government will take to help such enterprises tackle the relevant difficulties? SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President, the Hong Kong banking industry is actively pursuing preparatory work to harness business opportunities brought by the Belt and Road Initiative. There are some 150 banks now in Hong Kong providing a comprehensive range of banking services for corporate customers. Individual banks may position themselves differently in accordance with their development strategies, identify suitable business partners among enterprises in the 60-plus economies along the Belt and Road, and provide them with banking services such as syndicated loans, project finance and asset management. In view of increasing international efforts to combat money laundering and terrorist financing as well as the imposition of sanctions and other regulatory requirements, banks tend to adopt more stringent "customer due diligence" measures. With respect to bank account opening, the Hong Kong Monetary Authority (HKMA) requires banks in Hong Kong to adopt a risk-based approach, which is an internationally recognized concept, so that customer due diligence measures should be applied in a balanced manner, proportionate to different risks which different types of customers, transactions or services present. The HKMA will collaborate closely with the business community and the banking industry to ensure that access to basic banking services by legitimate businesses will not be unreasonably impeded.


12817

Opening Up Sports Venues and Facilities of Schools for Loan by Community Groups 13. MR MA FUNG-KWOK (in Chinese): President, I have earlier commissioned a professor from the Department of Physical Education of the Hong Kong Baptist University to conduct a study, and the results of which show that a number of countries and places, including the United States, France, the United Kingdom, the Mainland, Taiwan and Japan, have formulated policies on the opening up of sports venues and facilities of schools for loan by community groups. Such a practice optimizes the use of idle sports facilities on the one hand, and helps promote sports and enhance the sense of belonging to the community among the residents on the other hand. The study has also found that the percentage of schools in Hong Kong which loan their idle sports venues for community use is on the low side: only 23% of the responding primary and secondary schools have formulated policies on loaning their sports venues, while more than 50% of the schools have indicated that they do not loan their venues. In addition, the responding schools have considered that the most effective proposals on encouraging schools to loan their sports venues include: (i) provision of additional resources by the Government to schools loaning their sports venues, (ii) the Government's resolving problems relating to legal liabilities and insurance, and (iii) provision of funding by the Government to enhance the security level of the schools concerned. Some organizations have pointed out that the sports and cultural organizations in Hong Kong have been facing a long-standing problem of insufficient venues, and the Government should therefore encourage schools to loan their sports venues and facilities. In this connection, will the Government inform this Council:

(1) whether it knows the statistics on government and subsidized primary and secondary schools in Hong Kong loaning their sports venues and facilities during weekends in the past three years;

(2) given that it is the Government's policy to encourage schools to loan

their venues and facilities after school hours, of the criteria based on which the authorities assess the effectiveness of such policy;

(3) whether the Education Bureau (EDB) will provide financial

incentives (e.g. increasing the proportion of rental income from


loaning sports venues and facilities shared by subsidized schools, and allowing government schools to have a share of such income) to encourage more schools to loan their venues and facilities;

(4) as some schools have indicated that one of the reasons for schools

having reservations about loaning their sports venues and facilities is the legal liabilities and insurance problems arising from such a practice, whether EDB can collectively take out liability insurance policies for schools which loan their sports venues and facilities, so as to allay the schools' concerns; and

(5) whether EDB will provide one-off financial support for schools

which loan their sports venues and facilities to enhance the security level of those schools, thereby allaying the schools' security concerns?

SECRETARY FOR EDUCATION (in Chinese): President,

(1) With the introduction of school-based management, schools are provided with greater autonomy to flexibly manage the school affairs as well as deploy the resources in order to align with the school development plan and student needs. Currently, schools generally take into consideration their own context, such as the supporting environment and students' utilization of school facilities in vetting the applications from outsiders or organizations for the renting of their school facilities. As such, the Education Bureau does not collect relevant figures regularly.

To understand the current situation, the Education Bureau has

recently conducted a territory-wide survey on "Opening up of School Facilities". According to the survey results, more than 80% of schools opened up their school facilities during weekends or weekdays after school hours to various groups or organizations in the 2014-2015 school year for organizing different activities, including those for parent-teacher associations, alumni associations, schools sponsoring bodies and non-profit-making organizations.


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(2) Under the existing situation of school-based management, the school management has to consider the environmental facilities, school operation and student needs, infrastructure in addition to the school development plan in order to provide a safe and favourable learning environment for student learning. As such, it is not practicable to assess the effectiveness of "Opening up of School Facilities" by setting the evaluation criteria.

To align with the schools in promoting the curriculum for

whole-person development and diversified learning activities, a simple and multi-purpose design is generally adopted for facilities in primary and secondary schools in Hong Kong, including basketball court, covered playground, school hall, student activity room. Different activities such as uniform group marching trainings or cultural performances are also arranged to be conducted at the basketball court (also known as the multi-purpose court) other than the general Physical Education lessons. Besides, the majority of the schools would utilize their schools facilities during weekends or weekdays after school hours for different extra-curricular activities, including sports training/school teams training at the basketball court, musical group or orchestra training/performance or religious activities at the classroom and school hall. Different exhibits related to learning and teaching would also be displayed at the covered playground, for example, "M" Mark Events Roving Exhibition by the Home Affairs Bureau, Schools Sports Education Programme by the Leisure and Cultural Services Department, "[email protected]" by the Department of Health. As such, the existing sports facilities in schools are used in a multi-purpose way.

(3) It has been the government's policy to encourage schools to open up

their school facilities and hire out their school premises to social organizations as a means to foster collaboration between schools and the community. Through different channels including issuing school circulars to primary and secondary schools and regular communication with schools and school councils, the Education Bureau encourages schools to open up their facilities, as far as practicable, to social organizations, especially non-profit-making organizations, for welfare services and youth activities, as means of support to social services and community activities, provided that the


school operation as well as the learning and teaching are not affected. Schools usually formulate their fee-charging policy which is approved by the School Management Committee/Incorporated Management Committee. Without disrupting the regular school operation, schools should charge hirers on a full-cost recovery basis as far as possible. Nonetheless, schools might adjust the rate or waive the charge if circumstances warrant, for example, examinations, activities organized by non-profit making uniform groups, organizations and religious organizations.

(4) The current Block Insurance Policy (BIP) covers the public liability

of aided schools and caput schools as the occupier and/or landlord and/or property owner. If a school hires out school premises/facilities to outside organizations for holding activities, a user gets injured due to the facilities provided during the hiring period is covered by the Public Liability Insurance section of the BIP provided that the injury is caused by the negligence of the school. However, the legal liability of outside organizations for accidents caused by their negligence when holding activities in schools falls outside the scope of the BIP and such insurance cover should not be provided by the Education Bureau with public money. The Education Bureau has informed schools through a circular that when hiring out school premises/facilities to outside organizations for holding activities, they should remind such organizations to arrange adequate insurance protection (including public liability insurance) for the activities on their own and indemnify the school in respect of any damages, expenses or cost incurred due to their act or negligence. In addition, information of hiring of accommodation has been set out in the School Administration Guide to remind schools to handle respective arrangements properly.

(5) Provision of government subsidy to public sector schools is mainly

to meet the daily operating expenses of schools and the beneficiaries should be students. Schools have the responsibility to ensure adequate protection for staff, property and facilities in the school premises. Schools should discuss with the relevant organizations the school premises security matters before opening up facilities for outside organizations. If extra cost is incurred, schools should charge hirers on a full-cost recovery basis as far as possible.


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Investigations into Suspected Irregularities of Hong Kong Mercantile Exchange Limited 14. MR JAMES TIEN (in Chinese): President, the Securities and Futures Commission (SFC) issued a statement on 21 May 2013 announcing that after going through the relevant procedure, it had withdrawn the authorization of automated trading services granted to the Hong Kong Mercantile Exchange Limited (HKMEx) as a result of the deterioration in HKMEx's financial position. Moreover, SFC and the Police had respectively initiated an investigation into the suspected irregularities of HKMEx. However, three years have passed and the investigation progress or outcome has yet to be announced. In this connection, will the Government inform this Council:

(1) as there are views that the prolonged delay of SFC and the Police in completing the investigations into the aforesaid case and announcing the investigation outcome was due to the fact that the former chairman of HKMEx had served as chairman of the election campaign office of the incumbent Chief Executive (CE) and a member of the Executive Council, whether the Government has assessed if such views are justified; if it has assessed, of the details;

(2) whether it knows if CE or other people have, in respect of such

investigations, approached SFC or the Police directly or indirectly and made any request explicitly or implicitly;

(3) as it has been reported that the former chairman of HKMEx still

gives advice to CE from time to time after the suspected irregularities of HKMEx has been uncovered, whether the authorities have gained an understanding from CE in respect of such reports; if they have, of the details; if not, the reasons for that;

(4) of the number of cases of suspected irregularities in the past five

years the investigations into which by SFC took more than three years, and a summary and the actual investigation time of each case (set out in a table); and

(5) whether it has studied if the prolonged delay of SFC and the Police

in completing the investigations into the aforesaid case and announcing the investigation outcome has created a negative impact


on Hong Kong's international image (including fairness, impartiality, probity and rule of law); if it has studied, of the outcome?

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President, our response to the five parts of the question is as follows:

(1) and (2)

The Securities and Futures Commission (SFC) is operationally

independent and conducts investigations without regard to the status of people involved. Section 378 of the Securities and Futures Ordinance (Cap. 571) requires the SFC as a matter of law to keep its investigations secret. The SFC will not comment on individual cases owing to its secrecy obligation.

The Police investigates all cases in a fair and just manner, regardless

of the person's identity or background. The time for investigation may vary from case to case on account of its nature and complexity. On the case in question, the Police have been keeping close contact with the Department of Justice from which legal advice on the case is sought in a timely manner. It is not appropriate to comment on the specific circumstances at this stage.

(3) We do not comment on speculative reports or rumours. (4) The SFC seeks to complete its cases as quickly as possible.

However, the time needed to complete an investigation varies according to the complexity of the case, and progress will be subject to different factors. The SFC publishes in its annual and quarterly reports the statistics on enforcement work. However, the statistics are not compiled in the manner described in the question. According to the SFC, on average, in the past five years, over 60% of the SFC investigations were completed within seven months.

(5) We appreciate Members' and the public's concerns regarding the

Hong Kong Mercantile Exchange Limited incident, and their expectations for transparency on the part of law-enforcement


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agencies and regulators. However, as mentioned in parts (1) and (2) of the reply, the SFC and the Police are not in a position to make any comments at this stage.

The SFC strives to strengthen and protect the integrity and

soundness of Hong Kong's securities and futures markets for the benefit of investors and the industry. In line with the established practice, the SFC will make a public announcement if enforcement action is taken after investigation. The Police will also make a public announcement at an appropriate time.

Belt and Road Scholarship Scheme 15. DR LAM TAI-FAI (in Chinese): President, to encourage more outstanding students from economies along the "Belt and Road" region (B&R economies) to pursue studies in Hong Kong, the Chief Executive (CE) proposed in the 2016 Policy Address to inject $1 billion into the HKSAR Government Scholarship Fund and use the investment income thus generated to increase the number of scholarships offered to outstanding students from B&R economies to about 100 by phases (the scholarship scheme). Having regard to public views, the Government subsequently modified the scholarship scheme to make it a two-way initiative, i.e. apart from scholarships to be offered to attract outstanding students from B&R economies to pursue undergraduate studies in Hong Kong (the inbound scholarship), an "Outbound B&R Scholarship" (the outbound scholarship) will be provided at the same time for Hong Kong students to pursue undergraduate studies in B&R economies. Members of this Council have expressed diverse views on the scholarship scheme, including (a) while the spirit of the scholarship scheme deserves recognition, it should be taken forward on the premise that the admission of local students to funded undergraduate programmes in the territory will not be affected, (b) as Hong Kong students know nothing about the education situations in B&R economies, it is doubtful how many Hong Kong students will pursue university studies in these regions, and (c) CE's taking forward the scholarship scheme in fact aims to flatter and toady to the Central Authorities for political advantages. Besides, it has been reported that the Government intends to submit the funding proposal for the scholarship scheme to the Finance Committee (FC) before the prorogation of the current term of the Legislative Council (LegCo). In this connection, will the Government inform this Council:


(1) given that it is now only about two weeks away from the prorogation of the current term of LegCo and that there are a number of funding proposals pending processing by FC, whether the Government has assessed if it is justifiable to submit the funding proposal for the controversial scholarship scheme to FC for scrutiny and whether there is urgency in doing so; if it has, of the details; if not, the reasons for that;

(2) whether it has assessed the likelihood of the funding proposal for the

scholarship scheme getting FC's approval before the prorogation of the current term of LegCo; if it has, of the details; if not, the reasons for that;

(3) whether it has estimated the respective numbers of applications for

inbound scholarship and outbound scholarship in each of the first five years following the implementation of the scholarship scheme; if it has, of the details; if not, the reasons for that;

(4) whether it will set a relative ratio of approved inbound scholarship

cases to approved outbound scholarship cases; if it will, of the details; if not, the reasons for that;

(5) whether it will grant scholarships for the whole duration of study to

awardees in one go; if it will, of the details; if not, the reasons for that and the academic performance criteria the Government will adopt for determining whether such awardees may continue to receive scholarships in the following year;

(6) whether drop-out awardees are required to return their scholarships

to the Government; if so, of the details; if not, the reasons for that; (7) whether it will modify the scholarship scheme into one which

sponsors exchange students to pursue short-term (e.g. half-year or one-year) programmes, in B&R economies; if it will, of the details; if not, the reasons for that;

(8) whether it understands the education situations in B&R economies,

including information such as the names of the universities and their programmes available for enrolment by Hong Kong students, the


12825

admission criteria adopted by various universities, designs of the disciplines, how far the qualifications are recognized, career prospects of graduates, etc.; if it does, how the Government will make public such information;

(9) how it will assist students who are interested in applying for

scholarships in understanding the education situations in various B&R economies; whether it will provide the relevant information on government websites; if it will, of the details; if not, the reasons for that;

(10) whether it has examined how far the undergraduate degrees

awarded by universities in B&R economies are recognized, including whether the relevant qualifications are considered equivalent to those of the undergraduate degrees awarded by various institutions in Hong Kong; if it has, of the details; if not, the reasons for that;

(11) whether it will discuss with the education departments of B&R

economies the implementation of partnership schemes for students to enrol in mutually designated universities and programmes; if it will, of the details; if not, the reasons for that; and

(12) whether it will consider sponsoring Hong Kong teachers to pursue or further studies in, or take part in exchange activities at, the universities in B&R economies; if it will, of the details; if not, the reasons for that?

SECRETARY FOR EDUCATION (in Chinese): President, to encourage more outstanding students from economies along the "Belt and Road" (B&R) region to pursue studies in Hong Kong, the Chief Executive proposed in the 2016 Policy Address to inject $1 billion into the HKSAR Government Scholarship Fund (the Fund) and use the investment income thus generated to establish the B&R Scholarship Scheme. After considering the views of various sectors of the community, the Education Bureau has revised the details of the scheme and consulted the Legislative Council Panel on Education in June 2016. The scheme aims to encourage outstanding students from individual B&R economies to pursue undergraduate studies in Hong Kong and vice versa, that is, Hong Kong


students to pursue undergraduate studies in those B&R economies, so as to further strengthen the ties and educational exchange between Hong Kong and the B&R economies. In the long run, this will help establish a platform for educational, cultural and youth exchanges between Hong Kong and the B&R economies and bring benefits to students and overall development of Hong Kong. Our reply to the question raised by Dr LAM is as follows:

(1) and (2) As the expansion of the B&R Scholarship Scheme requires

co-operation between the HKSAR Government and the Governments of various economies, it is our strong wish that the injection proposal can be approved by the Legislative Council Finance Committee (FC) as soon as possible so that we can start discussion with the education authorities of various economies on the feasibility and details of the two-way scholarships to be provided by Hong Kong, and extend both the inbound and outbound scholarships in phases to cover other B&R economies as early as possible. Early confirmation of the scheme will also enable students who wish to pursue further studies in the B&R region to make early preparation. Nevertheless, having considered that there are still many items relating to people's livelihood to be processed by the FC, the Government decides to submit its injection proposal for establishing the B&R Scholarship to the next term of the FC for its deliberation.

(3) and (4) The number of offers to be made under the B&R Scholarship

Scheme will begin with 10 to 20 per annum, and be increased to about 100 in total in phases. As regards the distribution of offers of the inbound and outbound scholarships, we will, subject to approval for the proposed injection, consult the Steering Committee of the Fund on the different arrangements of the B&R Scholarship Scheme, including the distribution of offers. Factors to be taken into account include, among others, our collaboration in the field of education with individual B&R economies; students' responses


12827

towards the two types of scholarship in respect of different economies; the operation of the Fund, particularly the actual amount of investment return to be generated from the proposed injection, and so on.

The B&R Scholarship Scheme is a new endeavour. We believe

that the scheme will attract more applications when our students, parents and the entire education sector have a better understanding of the scheme. An estimation of the number of applications to be received for the first five years at the present stage may not accurately reflect the actual situation. Upon implementation of the scheme, the Education Bureau will analyse the annual application numbers and provide the findings to the Steering Committee for reference.

(5) and (6) The B&R Scholarship Scheme (including both the inbound and

outbound scholarships) will adopt generally the same disbursement arrangements as the existing Targeted Scholarship Scheme of the Fund. Each awardee will receive up to $120,000 per annum to cover the actual tuition fees. The scholarship will be disbursed to the awardees by installment per annum according to the schedule of tuition fee payment of individual institutions, and will be renewable annually subject to satisfactory academic performance of the awardees. If an awardee drops out in the middle of an academic year, the remaining portion of the scholarship he/she is entitled for in that academic year will be forfeited. As to whether the disbursed scholarship shall be recovered from students who fail to complete the entire programme, the Government will consider such cases on a case-by-case basis having regard to the different circumstances of individual students.

(7) Various schemes have been put in place under the purview of the

Education Bureau to provide support for Hong Kong students to pursue further studies and go on exchanges in various places around the world. For instance, we launched the Scheme for Subsidy on Exchange for Post-secondary Students (SSE) in January 2015 to subsidize the participation of needy local post-secondary students in


experience learning and exchange activities outside Hong Kong. As at end April 2016, the scheme has benefited nearly 1 800 local post-secondary students and the amount of subsidy involved is nearly $21 million. Furthermore, in response to the views of the community that the Government should also support Hong Kong students to capture the opportunities arising from the B&R Initiative, we have recently taken the initiative to introduce a new Scheme for Subsidy on Exchange to B&R Region for Post-secondary Students (SSEBR) to encourage and support needy local post-secondary students to go on exchanges in the B&R region. The Government has earmarked $120 million in total for disbursement to participating institutions through the SSE and SSEBR in 2016-2017.

(8), (9) and (11) The B&R region covers over 60 economies spanning Asia, Eastern

Europe, Middle East and Africa, with a total population of 4.4 billion. Since the B&R Scholarship Scheme aims to further strengthen the ties and educational exchanges between Hong Kong and the B&R region, the scheme will be implemented through the co-operation between the HKSAR Government and the Governments of various economies. To ensure the quality of the degree programmes undertaken by the awardees, we will invite the education authorities of the collaborating B&R economies to recommend a number of quality universities in their economies for prescribing as mandatory university choices for the scholarship applicants.

Recruitment of overseas students is normally co-ordinated by the

international affairs office/admission office of individual institutions. Students may visit the websites of relevant departments of the institutions to learn about the admission criteria. To prepare for the launch of the B&R Scholarship Scheme, the Education Bureau has been gathering information on education in the relevant economies so as to get a clearer picture in this respect. Please refer to Annex for information of universities in the three countries with which Hong Kong has signed or is in discussion about signing a Memorandum of Understanding on education co-operation, including the rankings of the universities, their feature


12829

subjects/faculties, and so on. Having regard to the implementation of the Outbound B&R Scholarship, the Education Bureau will disseminate information on education of the relevant economies as well as details of their universities for the reference of students and parents in Hong Kong.

(10) As regards the recognition of educational qualifications, it is up to

individual educational institutions, employers or organizations to decide whether the qualifications awarded by granting bodies outside Hong Kong (regardless of whether they are universities or other related bodies in the United Kingdom, the United States, or other B&R economies) should be recognized or accepted for admission, employment or registration purposes in Hong Kong. The Hong Kong Council for Accreditation of Academic and Vocational Qualifications (HKCAAVQ) provides qualification assessment services to individuals holding non-local qualifications. The HKCAAVQ will offer professional opinion to the applicant on whether the totality of his/her educational qualification(s) (that is, the integrated learning outcomes of the highest and terminal qualifications) meets the standard of a particular qualification level in Hong Kong. Taking Indonesia as an example, the HKCAAVQ had processed four applications concerning assessment of qualifications awarded by Indonesian bodies in 2015-2016. The qualifications concerned were all assessed as comparable to the level of their counterparts in Hong Kong.

(12) The Education Bureau organizes "Professional Study Tours for

Teachers" annually, subsidizing teachers from primary and secondary schools for professional exchanges in the Mainland. We will arrange places of exchange as well as enrich the contents of the exchange tours having regard to the latest developments of the Mainland and teachers' professional development needs. For example, to complement the B&R Initiative, we plan to organize exchange tours in Mainland cities in relation to the initiative. Besides, academics and experts will be invited to conduct seminars and sharing sessions to enhance Hong Kong teachers' understanding of the development of the initiative.


Annex

Country Institution Q

S U

nive

rsity

Ran

king

s: A

sia(1

)

Some Feature Subjects/Faculties

International Admissions

Adm

issi

on S

ched

ule

(Adm

issi

on sc

hedu

les f

or

indi

vidu

al su

bjec

ts m

ay v

ary)

Annual Tuition Fee(2)

Indonesia Universitas Indonesia

67 - Islamic Economics

- Marine Engineering

- Islamic Business and Finance

- Tropical Medicine

International admissions are generally handled by the international affairs office/ admission office of the respective institutions. Majority of the institutions accept online application.

Every February to May

HK$12,000 to HK$48,000

Institut Teknologi Bandung

86

Universitas Gadjah Mada

105

Malaysia University of Malaya

27 - Islamic Economics

- Arabic Studies - Forestry Science - Agricultural

Technology

Every January to June

HK$8,000 to HK$35,000

Universiti Putra Malaysia

49

Universiti Sains Malaysia

51

Universiti Kebangsaan Malaysia

55

Universiti Teknologi Malaysia

63

Thailand Chulalongkorn University

45 - Chemical Engineering

- Agriculture

Every November to April of the following year

HK$18,000 to HK$100,000

Mahidol University

61

Thammasat University

101

Chiang Mai University

104

Notes: (1) QS University Rankings: Asia 2016 can be downloaded at: <http://www.topuniversities.com/university-rankings/asian-university-rankings/2016#sorting=rank+region=+

country=+faculty=+stars=false+search=> (2) Source: Websites of the respective universities.


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Attracting Financial Technology Start-up Companies to Develop Their Businesses in Hong Kong 16. MR CHAN KIN-POR (in Chinese): President, it has been reported that quite a number of financial technology (Fintech) start-up companies (start-up companies) have chosen Singapore, instead of Hong Kong, as their first choice for establishing their presence when developing their businesses in Asia. There have been comments that such situation is attributable to the Singaporean government's ample financial support for Fintech development and a more flexible regulatory regime. Moreover, Singapore provides a testing environment (the so-called "sandbox") for conducting trials on innovative products and services, and similar practices have also been adopted in the United Kingdom and Australia. On the other hand, the "risk-based" and "technology-neutral" regulatory approach currently adopted by the Hong Kong Monetary Authority lacks flexibility and has thus discouraged quite a number of start-up companies from developing their businesses in Hong Kong. In this connection, will the Government inform this Council:

(1) whether the authorities will study the provision of a "sandbox" testing environment in Hong Kong, so as to encourage start-up companies to come to Hong Kong for business development, and make Hong Kong the base of their businesses in Asia; if they will, of the details; if not, the reasons for that, and whether there is any other option that can achieve the same effect;

(2) given that Hong Kong's existing rules and regulations are also

applicable to activities conducted under new business models (including peer-to-peer online lending or equity crowdfunding), and that if such activities involve making offers to the public to purchase securities, they will be subject to requirements more stringent than those applicable to activities involving professional investors only, whether the authorities have reviewed if the exemptions provided under the existing regulatory regime are conducive to the development of start-up companies, and whether they have studied the feasibility of introducing more exemptions, so as to allow start-up companies to provide their new products and services to non-professional investors on a limited scale; if they have reviewed and studied, of the details; if not, the reasons for that; and


(3) of the respective numbers of (i) Mainland entrepreneurs, (ii) venture capital funds, and (iii) related Mainland organizations that participated in the StartmeupHK Festival launched by Invest Hong Kong in January this year; the authorities' current measures to enhance Hong Kong's role as the springboard for Fintech enterprises to enter the Mainland market; whether the authorities will be more proactive in cooperating with the Mainland authorities in organizing more large-scale Fintech exchange activities, and step up their efforts in inviting Mainland investors to participate in such activities, so as to enhance Hong Kong's role as the Fintech hub of Asia; if they will, of the details; if not, the reasons for that?

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President,

(1) In promoting the development of innovative financial products and services, the Government will strike an appropriate balance between market innovation and investors' understanding and tolerance of risks.

Regarding the provision of a "sandbox", we noted that a number of

overseas regulatory authorities, including the Financial Conduct Authority of the United Kingdom, the Australian Securities and Investments Commission and the Monetary Authority of Singapore, are carefully prescribing the confines of the sandboxes within which rules are relaxed or waived for particular types of Fintech business that meet specific eligibility criteria, and only for innovative companies that have in place arrangements to protect potential investors, including through the availability of dispute resolution mechanisms and compensation arrangements. We will keep abreast of the development following the implementation of the sandboxes, and examine whether exemptions provided in the existing regulations in Hong Kong could achieve the same effect.

For example, the Payment Systems and Stored Value Facilities

Ordinance enacted last year contains certain exemption clauses which would allow specific types of stored value facilities (SVFs) to


12833

operate without an SVF licence granted by the Hong Kong Monetary Authority, so long as these SVFs do not pose significant risks to the users, payment system or financial system. The industry welcomes the exemption arrangement, as they see it a helpful measure which allows the industry to launch innovative Fintech products and services to market in a smaller scale for the purpose of conducting trials.

(2) The regulatory approaches towards some types of Fintech business,

including peer-to-peer (P2P) online lending and equity crowdfunding (ECF), vary globally across jurisdictions in view of the nascent nature of the business. Adequate investor protection, however, remains the overarching policy objective notwithstanding the differences. Issues relating to risk management for these businesses have surfaced in various regions, raising the concern that non-professional investors may not fully appreciate the inherent high risks in P2P online lending and ECF even if risk warnings are disclosed and the products and services are provided on a limited scale.

Therefore, the market may consider making reference to exemptions

relating to professional investors under the existing regulatory framework for developing P2P online lending and ECF platforms targeting professional investors in Hong Kong.

(3) Hong Kong's position as a business centre to connect the Mainland

with the global markets provides an ideal platform for start-up companies and existing financial institutions to develop and apply Fintech for the Mainland, regional and global markets.

The StartmeupHK Festival organized by Invest Hong Kong

(InvestHK) in January this year attracted over 5 300 entrepreneurs, venture capitalists, and representatives from other entrepreneurship- and innovation-related organizations from Hong Kong, the Mainland and overseas. In particular, the Fintech-themed programme, "Fintech Finals 2016", attracted over 700 participants.


To strengthen Hong Kong's role as the Fintech hub of Asia, InvestHK is setting up a dedicated Fintech team to strengthen the promotion of Hong Kong's Fintech sector. In addition to formulating branding strategies, InvestHK is also organizing and sponsoring large-scale Fintech forums, seminars and other activities in Hong Kong during the second half of this year and first half next year to attract Mainland and overseas Fintech entrepreneurs, investors and other stakeholders to gather in the city. The team will also join overseas events and organize roadshows proactively to showcase the development of the Fintech sector in Hong Kong and various support measures being made available.

Regarding promoting Hong Kong as a springboard for Fintech

companies to enter the Mainland market, the Financial Services and the Treasury Bureau on 13 June signed an agreement with the Shanghai Municipal Government Financial Services Office on further financial co-operation between Hong Kong and Shanghai on various fronts, with Fintech being one of the key areas. Support will be given to Fintech companies in Shanghai and Hong Kong to assist the former to "go global" by using Hong Kong as a platform and the latter to gain access to the Mainland market via Shanghai. In addition, Hong Kong Science and Technology Parks Corporation and Cyberport will facilitate start-up companies in Fintech and other sectors to enter the Mainland market by organizing roadshows and providing support through their Mainland representative offices.

Antibiotic-resistant Bacteria 17. MR IP KWOK-HIM (in Chinese): President, it has been reported that a research report published earlier on in the United Kingdom has pointed out that the abusive use of antibiotics by humans has led to the emergence of a variety of antibiotic-resistant bacteria, and it is estimated that 10 million people will die from diseases caused by such kind of bacteria each year by 2050. In addition, it has been reported that the number of cases of locally acquired carbapenemase-producing enterobacteriaceae received by public hospitals during the first 10 months of last year soared by nine times when compared with the figure in 2013. In this connection, will the Government inform this Council:


12835

(1) whether it knows the number of patients confirmed to have been infected with antibiotic-resistant bacteria in public hospitals in each of the past three years, and the number of such patients who subsequently died from related diseases; whether the Hospital Authority (HA) has examined the channels through which such patients were infected in the hospitals; if HA has, of the findings; if not, the reasons for that;

(2) of the measures and guidelines currently put in place by HA to

prevent patients from being infected with antibiotic-resistant bacteria in public hospitals, as well as the effectiveness of the same; whether, in view of the upward trend of such kind of cases, the authorities will consider increasing manpower to step up infection control and ward cleaning work (such as changing bed linens and curtains more frequently);

(3) whether the authorities, in planning the construction of new

hospitals and the redevelopment of existing hospitals, have dedicated efforts on various fronts, such as building design, environment and staff establishment of the hospitals concerned, so as to reduce the risks of antibiotic-resistant bacteria growing and spreading in public hospitals; if they have, of the details; if not, the reasons for that;

(4) as a bacterium which is resistant to all existing antibiotics or

antimicrobial drugs has been found earlier in the United States, whether the authorities have studied the possibility of such bacterium being found in Hong Kong, as well as the authorities' counter-measures should such a situation arise; and

(5) whether the authorities have currently put in place any mechanism

to detect if the imported livestock and fish for human consumption have been fed with excessive antibiotics; if they have, of the number of such cases uncovered in each of the past three years, and the follow-up actions taken by the authorities; if not, the reasons for that?


SECRETARY FOR FOOD AND HEALTH (in Chinese): President, antimicrobial resistance is a major public health issue in the world. In this connection, the Government set up the High-level Steering Committee on Antimicrobial Resistance (Steering Committee), chaired by the Secretary for Food and Health, in June 2016 to tackle the threat of antimicrobial resistance to public health. To successfully control the problem of antimicrobial resistance, different stakeholders including the general public are required to work together in partnership in a complementary and co-ordinated manner. To this end, the Steering Committee comprises representatives from relevant government departments, public and private hospitals, healthcare organizations, academia and relevant professional bodies. Under the "one health" framework, the Steering Committee will formulate strategies and implement action plans to combat antimicrobial resistance from various aspects. In consultation with the Hospital Authority (HA), the Department of Health, the Agriculture, Fisheries and Conservation Department (AFCD) and the Food and Environmental Hygiene Department (FEHD), our reply is as follows:

(1) Multi-drug resistant organisms (MDROs) found in public hospitals include Methicillin-resistant Staphylococcus aureus (MRSA), extended-spectrum beta-lactamase (ESBL) producing organisms, Vancomycin-resistant Enterococcus (VRE), multi-drug resistant Acinetobacter (MDRA), multi-drug resistant Pseudomonas aeruginosa (MRPA) and Carbapenemase-producing Enterobacteriaceae (CPE), and so on. The HA normally uses antibiotic resistance rate (that is, the ratio of organisms showing antibiotic resistance) to indicate the situation of MDROs in public hospitals. The table below lists the antibiotic resistance rates of major MDROs.

Multi-drug resistant organisms Antibiotic resistance rates 2013 2014 2015

MRSA* 46.3% 45.7% 46.1% ESBL producing organisms* 23.9% 23.3% 23.2% MDRA* 18.6% 24.9% 15.9% VRE* 1.26% 0.74% 0.25%


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Multi-drug resistant organisms Antibiotic resistance rates 2013 2014 2015

MRPA* 0.09% 0.06% 0.02% CPE# 0.03% 0.10% 0.12% Notes: * Source: Clinical Data Analysis and Reporting System of the HA # Source: Reports from infection control teams of public hospitals. The

antibiotic resistance rate is based on the Escherichia coli and Klebsiella species isolated from clinical samples

The HA does not maintain statistical information on the number of

fatal cases due to MDRO infection and the modes of transmission of MDROs.

(2) The HA has drawn up relevant guidelines on various MDROs, which

mainly adopt the strategy of "screening and isolation" and use a multi-pronged approach to prevent patients from MDRO infection in public hospitals:

(i) Active screening: Collecting samples from hospitalized

patients at risk for MDRO screening having regard to the risk factors of the patients;

(ii) Isolating patients according to their risks: Isolating patients

with MDROs to prevent transmission to other patients; (iii) Maintaining environmental hygiene:

(a) Implementing environmental cleaning guidelines and stepping up the cleaning of medical areas where patients with MDROs stay;

(b) Dedicating patient-care items (such as stethoscopes and

blood pressure cuffs) to patients with MDROs to prevent cross-infection; and

(c) Changing the bedside curtains more frequently;


(iv) Promoting the importance of hand hygiene: Regularly checking whether healthcare staff have observed hand hygiene, and promoting personal hygiene among patients, especially on the importance of keeping hands clean before eating and taking medication, and after using toilet. Moreover, skin disinfectant would be used to clean the body of needy patients in high-risk wards; and

(v) Implementing the Antibiotic Stewardship Programme:

Promoting reasonable and proper use of antibiotics, checking whether doctors have followed the established guidelines when prescribing "big guns" antibiotics, and providing relevant training for front-line doctors.

(3) In planning and redeveloping public hospitals, the HA will ensure

that the distribution of beds and the space between beds are in compliance with the established guidelines on infection control to prevent cross-infection. In addition, the HA, in planning and redeveloping public hospitals, is working towards the direction of expanding ward space, increasing space between beds and providing toilets in each ward in project design so as to reduce the risk of infectious disease transmission in wards and improve ward environment.

(4) The mcr-1 gene, which was first reported in the Mainland, has now

been found in many countries and regions. Some local case reviews have also found individual samples containing mcr-1 gene.

According to the information provided by the Centres for Disease

Control and Prevention of the United States and relevant studies, E. coli containing the mcr-1 gene was found in the urine sample of a patient in Pennsylvania in May this year, and this was the first case of its kind in the country. Bacteria containing the mcr-1 gene will develop resistance to colistin, and this gene can be transferred between bacteria more easily than before. That said, the health authority of the United States confirmed that the bacteria was not resistant to all antibiotics and could be effectively treated by certain classes of antibiotics. Nevertheless, as mcr-1 gene can easily be transferred between bacteria, if it is transferred to those bacteria that


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have already developed resistance to certain drugs, infections caused by such bacteria may become untreatable.

With the increasing prevalence of MDROs, the use of colistin in

hospitals will become more frequent. If the transfer of mcr-1 gene takes place in Hong Kong, its potential impacts on local public health must not be overlooked. The relevant authority will closely monitor the situation and seek advice from the Expert Committee on Antimicrobial Resistance under the Steering Committee as appropriate, with a view to devising effective strategies and counter-measures.

(5) In rearing food animals, rational use of antibiotics for treatment

purpose is commonly accepted. According to the Food and Agriculture Organization of the United Nations, prudent use of veterinary drugs including antibiotics has tremendous benefits to animal health, and judicious use of antibiotics in livestock farming can reduce the emergence and spread of resistant bacteria in food animals, thus minimizing public health risks.

The Government closely monitors the livestock and fish supplied to

the local market, whether locally reared or imported, to ensure they are compliant with Hong Kong's statutory requirements and are fit for human consumption. The level of chemical and veterinary drug residues in food animals is governed by the Public Health (Animals and Birds) (Chemical Residues) Regulation (Cap. 139N), which sets out the chemicals prohibited and regulated in Hong Kong, including antibiotics.

For locally reared livestock and fish, the Government takes samples

for testing at three levels, namely livestock and fish farms, slaughtering plants and retail outlets, on a regular basis according to the level of risk assessed. The AFCD conducts regular inspections at livestock and fish farms, and from time to time provides farmers with information on the proper use of antibiotics through talks, leaflets and publications. So far the AFCD has not detected abusive use of antibiotics in livestock and fish farms in Hong Kong.


All live poultry or livestock imported into Hong Kong are supplied by registered Mainland farms, with health certificates attesting that the imports are free of prohibited chemicals and do not carry residue of controlled chemicals exceeding the statutory limits. From 2011 to 2015, over 260 000 urine and tissue samples of local and imported food animals were taken at local slaughterhouses and tested for residue of chemicals and veterinary drugs (including antibiotics). Prohibited chemical was found in one sample. Another eight samples were found to have antibiotics residue exceeding the maximum statutory level. Aside from announcing the incidents, the Government has followed up with the farms, including tightening up surveillance on, and providing technical support to, the concerned farms. One pig farm was prosecuted.

The Centre for Food Safety (CFS) of the FEHD takes food samples

at import, wholesale and retail levels for chemical testing (including antibiotics testing) under its Food Surveillance Programme. From 2011 to 2015, more than 12 400 samples of meat, poultry and aquatic products were taken for testing of the antibiotic residue level. Apart from the above-mentioned eight samples with antibiotics exceeding the maximum statutory concentration levels, all other samples were found to be compliant with the statutory requirements. After announcement of the test results, the CFS has followed up the non-compliant cases, including tracing the food sources, prosecuting the importers concerned, banning importation of similar food products by the same exporters and stepping up sampling and testing.

Pilot Earn-and-Learn Scheme for Retail Industry 18. MR KWOK WAI-KEUNG (in Chinese): President, the Government, the Vocational Training Council (VTC) and the Hong Kong Retail Management Association jointly launched a Pilot Earn-and-Learn Scheme for the Retail Industry (the Pilot Scheme) in 2014 to provide participants with an opportunity to "earn and learn" and to pursue a well-defined progression pathway, aiming to attract talents to join the retail industry. The leaflet and the web page of the Pilot Scheme clearly indicated that graduates of Diploma of Foundation Studies would be entitled to a monthly income of not less than $11,000 and the monthly income of graduates of Higher Diploma could even reach $13,000, provided they


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continued to be employed by the same employer as during the training period. However, in April this year, some graduates of the Pilot Scheme relayed to the trade union concerned that upon graduation, they were employed by the same employer as during the training period, and really earned a monthly income of $11,000 in the first three months, but subsequently, they were only given a basic monthly salary of about $5,000, plus a sales performance-linked commission. In mid-April this year, VTC issued a press release, indicating that a graduate's monthly income of not less than $11,000 referred to the basic salary plus commission. In this connection, will the Government inform this Council:

(1) whether the authorities have conducted an investigation into the situation of Pilot Scheme graduates receiving a monthly income of less than $11,000; if they have, of the findings; if not, the reasons for that;

(2) whether the reference that Pilot Scheme graduates will be entitled to

a monthly income of not less than $11,000 is confined to an applicable period, such as the first three months of employment; if so, of the reasons for that; if not, how the authorities exercise monitoring to ensure that the monthly salary paid by employers to graduates is not less than $11,000;

(3) why the authorities, in the past, had all along not stated clearly in

the leaflet and on the web page of the Pilot Scheme that a monthly income of not less than $11,000 referred to the basic salary plus commission;

(4) whether it knows the respective numbers of positions with a monthly

salary of not less than $11,000 offered to the graduates by the first and second cohorts of employers under the Pilot Scheme; among such positions, of the number of those with commission included in the salary, as well as the average basic salary of such positions; and

(5) given the under-enrolment in the past two cohorts of the Pilot

Scheme, whether the authorities have formulated measures to increase the enrolment in the third cohort of the Pilot Scheme; whether they will consider inviting employee representatives to co-monitor the implementation of the Pilot Scheme; if they will, of the details; if not, the reasons for that?


SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Chinese): President, the Earn and Learn Pilot Scheme for the Retail Industry (the Pilot Scheme) is one of the three measures for manpower development of the retail industry launched by the Government in 2014 to alleviate the continuing manpower tightening problem of the retail industry. The Pilot Scheme is implemented by the Vocational Training Council (VTC) in partnership with the Hong Kong Retail Management Association (HKRMA), which enables Secondary Six graduates to attend classes on campus while acquiring work experience with participating employers and receiving a government allowance of $2,000 per month. This not only helps ease the manpower strain of the retail industry, but also attracts aspiring youngsters to join the retail workforce. My reply to the various parts of Mr KWOK's question is as follows:

(1) As pointed out in the funding proposal for the Pilot Scheme

submitted to the Finance Committee of the Legislative Council, employers would offer a salary of no less than $11,000 per month, which may include basic salary, commission and allowances, to the graduates of Foundation Diploma (FD) programme under the Pilot Scheme, if they become full-time employees of the companies concerned.

As the nature of business and operation mode vary among retailers,

participating companies will work out their own remuneration arrangements in the light of actual operation and employ the FD graduates at a salary level as mentioned in the funding proposal. The HKRMA has also taken timely action to draw employers' attention to the details of the Pilot Scheme, including the salary level. The remuneration arrangements for and the actual income of the FD graduates after joining the retail industry will be covered by a tracking survey to be conducted later. Details are set out in part (4) of the reply below.

(2) The reference to a salary level of $11,000 per month under the Pilot

Scheme is a general reference applicable to various remuneration arrangements adopted by the participating companies. According to our understanding, full-time employees in the retail industry are


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normally employed under a continuous contract. Details of the Government's monitoring work are set out in parts (4) and (5) of the reply below.

Separately, according to the 2015 Report on Annual Earnings and

Hours Survey published by the Census and Statistics Department in March 2016, the median monthly wage (including commission and tips not of gratuitous nature, guaranteed bonuses and allowances, and so on) of employees aged 15 to 24 across the industries was $11,400, while the median monthly wage of employees (regardless of age) in the retail industry was $12,000.

(3) The VTC and HKRMA have been promoting and providing basic

information about the Pilot Scheme through their webpages, promotional leaflets, and so on, which are updated and beefed up from time to time. In fact, participants of the Pilot Scheme have learnt of the remuneration arrangements through various channels. On the orientation day prior to the commencement of the relevant programme, the VTC has clearly explained to the student-workers that if they were to become full-time employees of the companies concerned upon graduation, the employers would offer a salary of no less than $11,000 per month, including basic salary, commission and allowances. Moreover, as employees of the companies concerned during the 18-month FD programme, the student-workers were able to gain a good understanding of the characteristics of the trade and the remuneration arrangements adopted by their companies. The VTC and HKRMA have ensured that the latest webpages and promotional leaflets fully reflect the relevant remuneration arrangements.

(4) In essence, the Pilot Scheme seeks improvement through practice as

well as testing and trying out of the arrangements. It also takes time for the student-workers and employers to acclimate to reap the full benefit of the Pilot Scheme. For the FD programme under the Pilot Scheme, the first cohort of student-workers recently graduated in March 2016, while the second cohort will complete the programme in February 2017. At present, over half of the first


cohort of FD graduates has joined the retail workforce. The VTC plans to conduct a total of three tracking surveys within two years after the graduation of the student-workers, the first of which will be conducted in the third quarter of this year. These surveys not only help gauge the employment and articulation profile (including remuneration arrangements and salary levels) of the student-workers upon graduation for effective implementation and improvement of the Pilot Scheme, but also facilitate the summing up of experience from the Pilot Scheme, so important reference for providing support to the retail industry and manpower training may be drawn in future. Details are set out in part (5) of the reply below.

(5) In the first two years of the Pilot Scheme, the actual student intakes

were admittedly not as high as initially expected and some students had dropped out over the course of time. We believe these were the result of a combination of factors. The retail sales performance is one of the factors. The retail market has suffered setbacks in recent months, reflecting a change in the spending pattern of visitors to Hong Kong and a drop in visitor arrivals. The still uncertain local and global economic outlook has an adverse impact on the local consumption sentiment. Apart from changes in the broad environment, students dropping out during the programme are also a natural course of event. On the other hand, a significant number of student-workers had gained an understanding of the retail trade through the Pilot Scheme and decided to join the retail workforce as early as possible by dropping out.

Amid a slowdown in economic growth and increasing downside

risks in external environment, the retail industry still renders strong support to the Pilot Scheme. Participating employers continue to provide a large number of internship placements, covering such areas as cosmetics, watches, clocks and jewellery, fashion, electronic and telecommunication products, offering a wide range of internship opportunities for the student-workers. Their commitment to long-term manpower development is demonstrated through monetary support and other efforts, such that the student-workers may acquire work experience while at school.


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In 2016-2017, the VTC and HKRMA will continue to make every effort to promote the Pilot Scheme through various channels, such as posters, leaflets, advertisements, the VTC's website, social media, talks and Programme Info Day, in order to boost enrolment and attract more youngsters to join the Pilot Scheme. The VTC organized a programme briefing in May this year to provide information on the programme and tips on interview techniques. In addition, students who wish to join the Pilot Scheme may also enrol in the programmes and attend a job interview at the campuses of the Hong Kong Institute of Vocational Education on 13 July 2016, the day on which the Hong Kong Diploma of Secondary Education Examination results will be released.

The Government will continue to monitor the operation and progress

of the Pilot Scheme through a steering group comprising representatives from the Government, the VTC and HKRMA, and the effectiveness of the Pilot Scheme will be reviewed in due course. In the process, the Government will closely monitor the conditions of graduates working in the retail industry. Were there be any unsatisfactory cases, the three parties would examine the specific circumstances and follow up. In addition, the VTC keeps abreast of the developments of the retail industry through the Retail Trade Training Board (RTTB) which comprises stakeholders of the retail industry (including employee representatives), so as to ensure that the VTC's vocational and professional education and training (including the Pilot Scheme) can meet the projected manpower requirements of the industry. The RTTB will also advise the VTC on curriculum development, course planning and quality assurance issues. The experience gained from the Pilot Scheme will serve as an important reference in this regard.

We will do our best to implement and improve the Pilot Scheme and

provide graduates with a clear articulation and career ladder, with a view to injecting new impetus into the retail industry and helping the industry enhance its professional service standards.


Assisting Hong Kong People Serving Sentences in the Philippines 19. MR PAUL TSE (in Chinese): President, I raised a question on the 8th of this month enquiring about the assistance rendered to Hong Kong people serving sentences in the Philippines, including Mr TANG Lung-wai and the late Mr CHEUNG Tai-on in the same case. The Secretary for Security (the Secretary) indicated in his reply that over the years, the Chinese Embassy in the Philippines (the Embassy) had attached great importance to the Hong Kong people serving sentences in the Philippines. Apart from deploying staff to visit them at prison, the Embassy had approached the local judicial authorities for a number of times to understand the circumstances and progress of the cases, and had urged them to hear the cases in accordance with the law and in a prompt and impartial manner. It is learnt that Mr TANG was infuriated after learning of the Secretary's aforesaid reply and queried that the claim of the Embassy attaching great importance to those Hong Kong people serving sentences in the Philippines was not true. Mr TANG pointed out that only in 2013 and 2014 had the Embassy staff visited the seven Hong Kong people who had applied for returning to Hong Kong to serve their sentences, and there were at least eight to nine people whom the Embassy staff had never visited in the past 12 years. Apart from those seven Hong Kong people, there are currently 15 to 17 people (eight to nine of them being holders of the British National (Overseas) Passport, and the rest being holders of the Hong Kong Certificate of Identity or the Hong Kong Special Administrative Region (HKSAR) Passport) serving long-term sentences there. In this connection, will the Government inform this Council:

(1) whether it has looked into Mr TANG's claim that a number of Hong Kong people serving sentences in the Philippines had not been visited by the Embassy staff; if it has and the claim is substantiated, how the authorities have come up with the statement that the Embassy had attached great importance to them; whether the authorities will discuss with the Embassy the provision of more assistance to these Hong Kong people;

(2) as the Secretary indicated in his aforesaid reply that the authorities

were handling seven applications from Hong Kong people serving sentences in the Philippines for returning to Hong Kong to serve the remainder of their sentences, and the earliest application had been referred to the HKSAR Government by the Embassy in 2002, and yet 14 years have passed but the HKSAR Government is still waiting for


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the Philippine authorities to provide documents pertaining to the cases concerned, with some of the assistance seekers getting very old, how the Secretary will, as stated in his reply, "continue to follow up [the cases] with the Philippine Government through various practicable channels"; and

(3) as it is learnt that the Philippine Department of Justice has

demanded Mr TANG to first pay a penalty of 500,000 pesos before his appeal will be processed, and it is estimated that if Mr TANG wishes to appeal to the Philippine Supreme Court, he will need to pay a legal fee of about HK$90,000, and yet Mr TANG has indicated that he cannot afford them, of the HKSAR Government's means to help him solve such imminent problem, including whether it will urge the State Ministry of Foreign Affairs to discuss with the Philippine Government waiving or lowering the penalty, or exploring other feasible options?

SECRETARY FOR SECURITY (in Chinese): President, the HKSAR Government attaches great importance to cases where individual Hong Kong residents are detained or imprisoned outside Hong Kong. The background and details of the assistance rendered by the HKSAR Government and the Chinese Embassy in the Philippines (the Embassy) to the Hong Kong residents serving sentences in the Philippines have been detailed in my reply to the related question at the meeting on 8 June this year, and are not repeated here. Having regard to the circumstances of individual cases, assistance rendered by the HKSAR Government includes informing the assistance seekers' families in Hong Kong of their detention and approaching the local authorities to reflect and follow up on the wishes of the assistance seekers. Such assistance does not include paying legal fees or penalties for the assistance seekers. The HKSAR Government and the Chinese Diplomatic and Consular Missions overseas must respect and abide by the local judicial systems when following up on assistance requests. The HKSAR Government will continue to monitor the relevant cases to provide the persons serving sentences with practicable assistance.


With respect to the seven applications from Hong Kong residents sentenced in the Philippines for transfer to Hong Kong to serve their remaining sentences, the HKSAR Government has, over the years, repeatedly approached the respective authorities of the Philippine Government directly or via the Embassy to obtain the documents required for those cases, including the legal documents relating to his conviction and sentence, the length of sentence already served and the remaining sentence, and so on, so as to ascertain that the cases have satisfied the conditions for transfer. However, there has been no reply from the Philippine side yet. The HKSAR Government will continue to follow up the cases with the Philippine Government through various practicable channels. Appointment of Non-official Members to Advisory and Statutory Bodies 20. MS EMILY LAU (in Chinese): President, in recent years, there have been criticisms from time to time that the Executive Authorities have failed to adhere to the principle of making appointments on the basis of merits in appointing members to advisory and statutory bodies (ASBs). It has been reported that a Member of the Executive Council who is also a former Chairperson of the Equal Opportunities Commission has recently suggested the authorities to reform the mechanism for appointing members to ASBs (appointment mechanism), including (a) following the practice of the United Kingdom to appoint an independent commissioner to be responsible for monitoring whether appointments are made by the Executive Authorities under fair, impartial and transparent procedures, and (b) requiring that the appointments of some key positions be endorsed by a select committee upon conducting hearings for such purpose. In this connection, will the Executive Authorities inform this Council:

(1) of the number of persons appointed as non-official members of ASBs by the authorities since 2012 who were also members of the Election Committee for the selection of the Chief Executive, deputies of the Hong Kong Special Administrative Region to the National People's Congress, Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference or members of different political parties, and set out in a table the following in respect of each appointee: (i) background and political affiliations, (ii) the names of ASBs appointed to, (iii) the positions appointed to, and (iv) the persons who made the appointments;


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(2) whether they have looked into and analysed the reasons why the appointment mechanism has often been criticized for failing to adhere to the principle of making appointments on the basis of merits; if they have, of the details and the specific improvement measures in place; and

(3) whether they will adopt the aforesaid suggestions to reform the

appointment mechanism to enable people having different policy advocacies and expertise who are recognized as competent to join various ASBs, so as to take in different views effectively; if they will, when the new appointment mechanism will be rolled out; if not, of the reasons for that?

SECRETARY FOR HOME AFFAIRS (in Chinese): President, my reply to Ms LAU's question is as follows: As a key component in public administration, advisory and statutory bodies (ASBs) play an important role in assisting the Government in the formulation of policy objectives and performance of statutory functions. Through these bodies, various sectors of the community and relevant organizations may express their views at various stages in the making of policies and planning of public services by the Government and participate in public affairs. At present, there are about 470 ASBs in Hong Kong. The system of ASBs is multi-faceted, including various advisory boards and committees, public bodies, appeal boards, regulatory bodies. The appointments of individuals by the Government as non-official members to ASBs are based on merits. When appointing a member to serve on an ASB, the relevant bureau or department takes into account the candidate's ability, expertise, experience, integrity and commitment to public service, with due regard to the functions and nature of business of the ASB as well as the statutory requirements for the membership of the statutory body concerned. To gauge a wide range of public views, when appointing members to serve on these bodies, the Government will, apart from taking into account the needs of the bodies concerned, enlist people of different background and experience, such as professionals, academics, businessmen, representatives from districts and various sectors. Apart from those appointed directly by the Government, some


members of ASBs are identified through nomination, recommendation, appointment or election by the relevant bodies and professional organizations. The Central Personality Index maintained by the Home Affairs Bureau contains the personal particulars of most ASB members. As personal particulars are provided voluntarily by individual members, we do not require their provision or declaration of information about whether they are members of the Election Committee for the selection of the Chief Executive, deputies of the Hong Kong Special Administrative Region to the National People's Congress, Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference or members of political parties. Therefore, we do not have any comprehensive statistics on whether members appointed to ASBs hold the above offices. We review from time to time the operation of the ASB system and take appropriate measures to improve the mechanism and operation after review. For instance, to enhance the transparency and public accountability of these bodies, ASBs have taken into account their functions and nature of business and adopted a number of measures, such as issuing press releases, making information and papers of the meetings available for public inspection, and uploading the relevant information onto the Internet. We consider that the operation of the existing appointment system of ASB non-official members is generally smooth and efficient. That said, we will continue to monitor the operation of the relevant policy and mechanism to ensure that ASBs maintain their role as an important channel for people to participate in public policy formulation, thus effectively supporting the administration of the Government. We will encourage bureaux and departments to continue identifying more talents from different fields for participation in these bodies, using their strengths to help the Government gauge public views and achieve effective governance. Measures to Promote a Sense of Worthiness Among the Elderly 21. DR ELIZABETH QUAT (in Chinese): President, the Government has all along been taking forward the policy of promoting a sense of worthiness among the elderly, under which the elderly are encouraged to draw on their expertise to


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serve society. However, quite a number of elderly persons have relayed that there are still inadequacies in the Government's promotion of the policy. In this connection, will the Government inform this Council:

(1) of the details and effectiveness of the Government's efforts to help the elderly grasp the knowledge of using information and communication technology (ICT) (e.g. the Internet and smartphones); whether it has compiled statistics on the number of elderly persons who know how to use the Internet; whether it will allocate more resources to help the elderly grasp the knowledge of using ICT; if it will, of the details; if not, the reasons for that;

(2) of the number of elderly participants in the "Elder Academy

Scheme", jointly launched by the Labour and Welfare Bureau and the Elderly Commission, in each year since its implementation in 2007; whether it has assessed the effectiveness of the Scheme; if it has, of the details, and whether it will further promote the Scheme; if it will; of the details; if not, the reasons for that;

(3) of the current policies to encourage employers to employ "the

silver-haired group", with a view to allowing the elderly to return to the job market to give full play to their expertise; of the details and effectiveness of the existing retraining programmes implemented for preparing the elderly to return to the job market;

(4) of the current number of parks across the territory that are installed

with fitness facilities suitable for the elderly, and the ratio of this number to the elderly population; whether it will allocate additional resources to install more fitness facilities for the elderly in various parks; if it will, of the details; if not, the reasons for that; and

(5) given that the Steering Committee on Population Policy has

confirmed to follow up issues relating to the advocacy of longer working years for the overall working population, and to examine whether the various existing systems and regulations may pose any obstacle to the labour force's engagement in longer working years, of the progress of such work?


SECRETARY FOR LABOUR AND WELFARE (in Chinese): President, in view of an ageing population, the Government has been stepping up efforts in recent years to promote active ageing. My reply to Dr Elizabeth QUAT's question is set out below:

(1) According to information provided by the Census and Statistics Department, the use of Internet among elderly persons aged 65 or above increased significantly from 3.0% in 2004 to 35.9% in 2015. The Office of the Government Chief Information Officer (OGCIO) launched two rounds of "ICT Outreach Programmes for the Elderly" in 2014 and 2015, under which visits were paid to institutionalized elderly persons, "hidden" elderly persons and those elderly persons receiving day care or home care services to teach them how to use tablet computers so as to stimulate their interests in information and communications technology. These two rounds of programmes benefited more than 2 900 elderly persons. In addition, the OGCIO launched the "Funding Scheme for Digital Inclusion Mobile Apps" (the Funding Scheme) since 2012 whereby funding support was provided to non-governmental organizations to develop mobile apps to address the needs of various target groups, including those of the elderly persons. In the past three years, the Funding Scheme funded three mobile apps for the elderly persons, with about 21 000 downloads in total (as at May 2016).

Meanwhile, the Labour and Welfare Bureau and the Elderly

Commission (EC) continue to proactively implement the Elder Academy (EA) Scheme, under which computer courses, smartphone application courses, tablet computer application courses, and so on, are offered to elderly persons. The Labour and Welfare Bureau also provides funding to the Women's Commission for organizing the "Capacity Building Mileage Programme" (the Programme). The Programme, which is popular among the elderly persons, offers a wide range of learning courses including "Learning Computers for Fun" and "Internet Surfing". Apart from the above courses, the Social Welfare Department has implemented the "Improvement Programme of Elderly Centres" to enable the 237 elderly centres joining this programme to procure more advanced equipment or facilities including, among others, computers.


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(2) Implemented since early 2007, the EA Scheme (the Scheme) encourages the setting up of EAs in primary schools, secondary schools and tertiary institutions through the collaboration of school sponsoring bodies and welfare organizations providing elderly services to enable elderly persons to pursue life-long learning. Subsequently, the Government allocated by two phases a total of $60 million to the Elder Academy Development Foundation (EADF) for the continued development of the Scheme. The Committee on EADF (the Committee) was established under EC in 2009 to devise strategies and measures relating to the set-up, curriculum design, extra-curricular activities and development of EAs, and so on. Hitherto, a total of 132 EAs have been set up in primary schools, secondary schools and tertiary institutions. These EAs altogether provide more than 10 000 learning places each year.

The Committee conducts review on the Scheme at suitable intervals.

The latest one was conducted in 2013. It showed that the Scheme had achieved its objective of encouraging elderly persons to pursue active ageing through life-long learning. Following the review, a series of enhancements, including the strengthening of recognition of credit and better co-ordination among different EAs within the same clusters and drawing up of a "Protocol for setting up an Elder Academy", and so on, were implemented. A total of 25 new EAs have been established since the implementation of the enhancements in 2014. The Committee will continue to promote the Scheme.

(3) Similar to persons of other age groups, mature persons may enrol in

courses provided by the Employees Retraining Board (ERB). The ERB courses straddle 28 industry categories and include generic skills training to meet the career aspirations, interests and training needs of different people. The ERB completed a "Study on the Training Needs of Mature Persons" earlier this year. Based on the findings of the study, the ERB will develop training and support services to cater for the needs of mature persons. These will include a series of "workplace re-entry" courses aimed at restoring self-confidence, enhancing communications skills and personal attributes; and boosting knowledge on computer applications and vocational English of trainees to prepare them to re-enter the labour market. The ERB also promotes the employment of mature persons


through the provision of support and related services. To this end, the ERB organizes the "Workplace Re-entry" activity series, "Workshops on Enhancing the Awareness towards Mature Persons" and "Recruitment Sharing Sessions". The ERB, in conjunction with enterprises, offers "Work Experience Days" for mature persons.

The Government has been adopting a multi-pronged strategy to

provide employment services for mature persons, promote their employment among employers and facilitate enterprises to build a friendly working environment for mature persons.

The Labour Department (LD) holds job fairs at suitable intervals to

facilitate employment of mature job seekers. District-based job fairs on part-time employment are also staged at the job centres to meet the needs of some mature persons who are more interested in taking up part-time jobs. The LD's Employment Programme for the Middle-aged, which offers employers an on-the-job training allowance of up to $3,000 per month, has been extended to cover part-time jobs since September 2015 so as to encourage employers to provide more part-time jobs for people aged 40 or above.

To encourage employers to engage mature persons, the LD regularly

organizes experience sharing sessions on employment of mature persons and invites representatives of the Hong Kong Federation of Insurers to brief employers on matters relating to the taking out of employees' compensation insurance policies for mature persons. Furthermore, the LD has all along been encouraging employers, having regard to the individual circumstances of their enterprises, to adopt friendly employment practices for mature persons and extend the working life of their employees so that mature persons can continue to stay in employment. Employers may also adopt more flexible modes of employment for mature persons with a view to establishing working conditions and environment suitable for attracting mature persons to retain in or return to employment.

The LD promotes the message of fostering a friendly working

environment for mature persons into the community through various channels and organizing a wide range of educational and promotional activities. Employers are encouraged to adopt friendly


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employment practices for mature persons in the workplace. Such activities include staging territory-wide roving exhibitions in various districts throughout the territory, publishing newspaper feature articles and a series of news supplements on enterprises sharing their successful experiences in actively engaging mature persons, widely distributing publications, organizing thematic seminar, placing advertisements in the public transport network and periodicals of major employers' associations, broadcasting Announcements in the Public Interest through both television and radio, as well as disseminating relevant message through regular meetings and exchanges with business executives and human resources managers.

(4) To meet the needs of the elderly persons for fitness equipment, the

Leisure and Cultural Services Department (LCSD) provides about 2 280 sets of fitness equipment including the Rider, Tai Chi Wheels, Pull-down Machine, Twister and Stepper, Ring Walk, Upper Back Stretch, Calf Stretch, Climbing Shoulder Stretch, Back Stretch and Push-ups, Bicycle Stepper, Up and Down Station, and so on, in over 440 outdoor leisure venues (such as parks and playgrounds) for the enjoyment of the elderly persons. While the Hong Kong Planning Standards and Guidelines do not set out standards for the provision of fitness equipment for the elderly persons based on the ratio of equipment to the elderly population, the LCSD provides fitness equipment for the elderly persons in its venues having regard to factors such as users' needs in various districts, venue sizes and the views of the District Councils concerned (please refer to Annex for the distribution of equipment). In line with the initiatives to develop Hong Kong into an age-friendly city and promote active ageing as announced in the 2016 Policy Address, the LCSD will provide about 150 sets of new fitness equipment for the elderly persons in the outdoor leisure venues in the 18 districts. The installation works of the equipment are expected to be completed in 2017-2018.

(5) Regarding the extension of working life, the Government has set an

example through a range of specific measures. As far as the Civil Service is concerned, the Government has adopted a package of flexible initiatives for extending the service of civil servants. These include raising the retirement age of new recruits joining the Civil


Service on or after 1 June 2015 to 65 for civilian grades and 60 for disciplined services grades. For serving civil servants, the Civil Service Bureau has introduced the Post-retirement Service Contract Scheme, under which bureaux/departments may employ retired and retiring civil servants on contract terms to undertake ad hoc, time-limited, seasonal or part-time tasks that require specific civil service expertise/experience. In addition, the Civil Service Bureau has revised the arrangements for final extension of service of civil servants upon reaching retirement age, including raising the maximum extension period to 120 days and suitably relaxing the approval criteria. As regards further employment of a longer period, following consultation with the management and staff sides on a draft implementation framework, the Civil Service Bureau is drafting the detailed implementation guidelines on the basis of the implementation framework with a view to finalizing the relevant arrangements as soon as possible.

Other bureaux have also implemented measures to encourage public

and subvented bodies to follow the Government's practice in extending employees' working life. For example, the Prince Philip Dental Hospital has raised the retirement age of all new employees appointed on or after 1 July 2015 to 65. The Hospital Authority (HA) has adopted a higher retirement age of 65 for new recruits with employment commencing on or after 1 June 2015. In addition, the HA has implemented special re-employment scheme to re-hire suitable serving clinical doctors, nurses, allied health and care-related supporting grades staff upon their retirement or completion of contract at the normal retirement age of 60 in 2015-2016 and 2016-2017.

The Housing Authority has adopted 65 as the retirement age for

contract staff employed on or after 1 September 2015. For those employed before 1 September 2015, they may apply for extension of service beyond the normal retirement age of 60. After consulting the stakeholders in the education sector, the Education Bureau is studying how to formulate the relevant policy and implementation plan with an aim to extend the retirement age for newly recruited civil servants to the aided school teachers so as to meet the manpower needs of the education sector.


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Furthermore, with the Legislative Council's approval on revising the Criteria for Issuing the Security Personnel Permit, the Security and Guarding Services Industry Authority has relaxed the upper age limit of Category B Security Personnel from 65 to 70. The relevant amendments took effect on 18 December 2015. Since then, over 8 000 applications have been approved.

Annex

Provision of Fitness Equipment for the Elderly Persons in the Venues Managed by the Leisure and Cultural Services Department

District Number of

Venues Number of Sets of Fitness

Equipment for the Elderly Persons 1 Central and Western 23 81 2 Eastern 32 203 3 Southern 14 77 4 Wan Chai 10 22 5 Kowloon City 24 153 6 Kwun Tong 31 216 7 Sham Shui Po 24 154 8 Wong Tai Sin 19 178 9 Yau Tsim Mong 22 130 10 Islands 13 76 11 Kwai Tsing 29 163 12 North 29 81 13 Sai Kung 24 141 14 Sha Tin 23 126 15 Tai Po 50 108 16 Tsuen Wan 27 127 17 Tuen Mun 18 88 18 Yuen Long 35 162

Total 447 2 286


Supply of and Demand for Radio Spectrum 22. MR CHARLES PETER MOK (in Chinese): President, it is learnt that the volume of local mobile data transmitted has surged over the past few years. With the growing demand for mobile communications services and the development of Internet of Things (i.e. a system in which objects in the physical world are connected to the Internet via sensors) and Smart City, the demand for radio spectrum has been increasing incessantly. However, the information released by the Communications Authority (CA) indicates that from this year up to 2018, there will not be any new supply of frequency bands available for allocation for use by operators of mobile communications services. On the other hand, the International Telecommunication Union has recommended that the governments of various countries should make available an additional 600-800 MHz of spectrum for meeting the expected demand upon the advent of the fifth generation (5G) mobile communications technology after 2020. Regarding the supply of and the demand for radio spectrum in Hong Kong, will the Government inform this Council:

(1) of the frequency bands involved in the allocation of spectrum by the authorities in each of the past five years, the method adopted for such allocation and the revenue from spectrum utilization fees so generated (set out in the table below);

Year Frequency band Allocation method Revenue

2011-2012 … 2015-2016

(2) given that CA reviews the efficiency of the use of spectrum by or on

behalf of the Government once every three years and the next review will be conducted within this financial year, of the timetable and details of the work concerned; whether CA will, when conducting the review, make reference to the new measures adopted by other advanced economies for the efficient use of spectrum; if CA will, of the details; if not, the reasons for that;

(3) given the surge in mobile data transmission in recent years, whether

the authorities will conduct a comprehensive review of the local mobile communications services and the demand for spectrum, and take measures to promote the trading and sharing of spectrum, so as


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to better utilize the underused frequency bands, thereby improving the efficiency of use and the supply of spectrum; if they will, of the details; if not, the reasons for that; and

(4) whether the authorities will review the Radio Spectrum Policy

Framework announced in 2007, and conduct studies and assessments on the middle and long-term demand for spectrum in future for the purpose of formulating a strategy to increase the supply of spectrum?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Chinese): President, my reply to the Member's questions is as follows:

(1) The spectrum utilization fees (SUF) revenues of the Government in the past five years (that is, from year 2011-2012 to 2015-2016) are set out below:

Year Frequency Band Assignment method Revenue (HK$)

2011-2012 850MHz and 900MHz 2.3GHz 1.9-2.1GHz(1) 900MHz and 1 800MHz(2)

Auction Administrative Assignment Total

2.825 billion 0.093 billion

2.918 billion 2012-2013 1.9-2.1GHz(1)

900MHz and 1 800MHz(2)



0.731 billion 2013-2014 2.5-2.6GHz

1.9-2.1GHz(1) 900MHz and 1 800MHz(2)



2.316 billion


Year Frequency Band Assignment method Revenue (HK$)

2014-2015 1.9-2.1GHz(1) 900MHz and 1 800MHz(2)



0.812 billion 2015-2016 1.9-2.1GHz(1)

900MHz and 1 800MHz(2)



0.852 billion Notes: (1) The spectrum concerned was assigned through auction in 2001, with the

SUF to be paid on an annual basis within the 15-year assignment period. (2) The spectrum concerned was assigned through administrative method in

2005-2006, with the SUF to be paid on an annual basis within the 15-year assignment period.

(2) According to the Radio Spectrum Policy Framework (the

Framework) promulgated by the Government in April 2007, the spectrum to be used by or on behalf of Government is assigned and managed administratively. The Office of the Communications Authority (OFCA) reviews the efficiency of government spectrum utilization every three years taking into account the measures adopted by other advanced economies, in order to promote the efficient use of the spectrum concerned.

The OFCA conducted the first and second rounds of the Review of Efficiency of Spectrum Utilization of Government Services (Review) in 2010 and 2013 respectively. The summaries of Review reports have been posted on the OFCA's website(1). In the report of the second Review, the OFCA recommended releasing some spectrum which was reserved for the Government but with relatively low utilization level (covering 36.5 to 37.5 MHz, 40.7 to

(1) <http://tel_archives.ofca.gov.hk/en/freq-spec/govt_review.pdf>; and <http://www.ofca.gov.hk/filemanager/ofca/en/content_879/govt_review_2013_e.pdf>

http://tel_archives.ofca.gov.hk/en/freq-spec/govt_review.pdf


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45.5 MHz, 361 to 366 MHz and 381.325 to 382.65 MHz bands) for shared use between Government and private sectors. The recommendation concerned has been fully implemented.

The OFCA is now conducting the third round of the Review for the spectrum used by the Government. The corresponding Review report, which is expected to be published in the first quarter of 2017, will cover the implementation progress of the measures recommended in the second Review.

(3) Spectrum is a scarce public resource. The Communications

Authority (CA) ensures the efficient allocation and utilization of radio spectrum in accordance with the authority conferred by the Telecommunications Ordinance and the guiding principles for spectrum management set out in the Framework. Under the said Framework, if there are competing demands for the spectrum concerned, the authority should adopt a market-based approach for the assignment of spectrum unless there are overriding public policy reasons to do otherwise.

Whenever the existing spectrum assignment periods expire, the CA will adopt the same principles to re-assign the spectrum, and appropriately align the frequency bands available for assignment with reference to the latest technological and market developments, so as to optimize the spectral efficiency when re-assigning the spectrum concerned. In terms of allocating radio spectrum to operators for provision of public services, the CA generally adopts a technology neutral regulatory approach. Operators may choose to upgrade their networks with more advanced and efficient technologies within the spectrum assignment periods by themselves, thereby enhancing the efficiency in spectrum utilization.

To make more efficient use of the scarce radio spectrum resources in order to satisfy the surging demand for mobile data, the CA allows operators to share mobile network facilities and the relevant assigned spectrum in various ways on the basis of compliance with licence requirements, so as to lower operating costs and to enhance efficiency in spectrum utilization. The CA will also consider mobile network operators' proposals on swapping spectrum provided


that the swapping improves the efficiency in spectrum utilization and does not involve monetary exchange.

Spectrum trading is a complicated issue and involves a number of implementation problems, including the ways to prevent mobile network operators from acquiring more spectrum to lessen market competition and the eligibility of participants, and so on. The Framework sets out the policy inclination to introduce spectrum trading in Hong Kong in the long term, subject to a feasibility study and resolution of various implementation issues. We are preparing to conduct a consultancy study on spectrum trading to understand the latest overseas experience including the updated market situation in order to chart the way forward. The consultancy study is expected to commence in the second half of this year.

Looking ahead, we believe there will be greater demand for radio spectrum from the development and commercial applications of the fifth generation (5G) mobile technologies. Currently, it is generally anticipated that 5G mobile services will be launched in the market in around 2020. Since it is expected that 5G services will use radio spectrum above the 6 GHz band, the CA will closely monitor the latest development in the international arena about the allocation of the concerned spectrum for the provision of 5G services, and plan for the necessary supply of spectrum having regard to the actual situation in Hong Kong.

(4) As set out in the Framework, the policy framework will be reviewed,

revised, modified and updated from time to time by the Government as it thinks fit having regard to all relevant circumstances including but not limited to the latest technological, market and societal developments in Hong Kong and internationally, as well as further deliberations in key issues related to spectrum policy and management.

For the spectrum demand in the future, we will make an assessment in the consultancy study evaluating the future demand and supply of telecommunications infrastructure capacity in Hong Kong, which will be conducted in the second half of this year.


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GOVERNMENT BILLS Second Reading of Government Bills Resumption of Second Reading Debate on Government Bill DEPUTY PRESIDENT (in Cantonese): Government Bills. We now resume the Second Reading debate on the Medical Registration (Amendment) Bill 2016. MEDICAL REGISTRATION (AMENDMENT) BILL 2016 DEPUTY PRESIDENT (in Cantonese): Mr Vincent FANG, Chairman of the Bills Committee on the above Bill, will address the Council on the Committee's Report. (Dr KWOK Ka-ki stood up) DEPUTY PRESIDENT (in Cantonese): Dr KWOK Ka-ki, what is your point? DR KWOK KA-KI (in Cantonese): Deputy President, a point of order. A quorum is not present in the Chamber. DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) Resumption of debate on Second Reading which was moved on 2 March 2016 MR VINCENT FANG (in Cantonese): Deputy President, in my capacity as Chairman of the Bills Committee on Medical Registration (Amendment) Bill


2016 (the Bills Committee), I now report on the major deliberations of the Bills Committee. (THE PRESIDENT resumed the Chair) The Bills Committee has held a total of 10 meetings, and received views from organizations and individuals. Members generally support the objects of the Medical Registration (Amendment) Bill 2016 (the Bill), which are to increase lay participation in the Medical Council of Hong Kong (MCHK), improve its complaint investigation and disciplinary inquiry mechanism, and facilitate the admission of non-locally trained doctors, in particular specialists, to practise in Hong Kong. The discussions of the Bills Committee were mainly focused on increasing lay participation in the MCHK, and improving its complaint investigation and disciplinary inquiry mechanism. Members support increasing the number of lay members of the MCHK from four to eight, so as to enhance the MCHK's public accountability and credibility. Some members are of the opinion that the four additional lay members should include patient and consumer representatives. Having considered members' suggestions, the Administration is going to move a Committee stage amendment (CSA) to the Bill to stipulate that of all the lay members to be appointed by the Chief Executive, three shall be elected by organizations representing the interests of patients, and one shall be nominated by the Consumer Council. Given that there are hundreds of patient groups and patient support groups in the community, some members are concerned about how to ensure that the three representatives to be elected by such organizations can truly represent the interests of patients. They opine that the considerations in recognizing patient groups or patient support groups as eligible electors, as well as the arrangements for the election procedures, should be clearly prescribed in the legislation. After consultation with major patient groups, the Administration has indicated that in order to reserve sufficient flexibility to include as many relevant organizations as possible, and provide adequate latitude to facilitate any refinement of the relevant procedures in the future, it would be inappropriate to prescribe such matters in the legislation. However, the Administration has undertaken that at the resumption of the Second Reading debate on the Bill, the Secretary for Food and Health will


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state clearly the factors to be taken into account by the authorities in deciding which organizations should be recognized as those eligible to nominate and elect candidates representing patients' interests for appointment by the Chief Executive to the MCHK. According to a member, there are strong views in the medical profession that notwithstanding the addition of four lay members to the MCHK, the arrangement requiring an equal ratio between appointed members and elected members in the MCHK as affirmed during the scrutiny of the Medical Registration (Amendment) (No. 2) Bill 1995 must be maintained in order to safeguard the professional autonomy of medical practitioners. In the light of such concerns, while the Administration takes the view that maintaining an equal ratio between appointed members and elected members is not a prerequisite for upholding professional autonomy, the Administration has agreed to amend the Bill to convert the two existing appointed seats nominated by the Hong Kong Academy of Medicine (the Academy of Medicine) for appointment by the Chief Executive into seats elected by the Academy of Medicine, so as to maintain the ratio of appointed members to elected members in the MCHK at 1:1. Both Dr KWOK Ka-ki and Dr LEUNG Ka-lau reckon that this amendment does not increase the elected element in the composition of the MCHK. Members are concerned that currently, it takes as long as 58 months on average for the MCHK to complete the consideration, preliminary investigation and disciplinary inquiry procedures for each complaint case; and the total backlog of cases at these three stages has exceeded 900. Some members are also gravely concerned about the bottlenecks referred to by some deputations from the medical profession. The majority of members agree that the proposals of the Bill to enable the MCHK to establish more than one Preliminary Investigation Committee (PIC) and appoint more than one legal adviser, and to enable the Secretary for Justice to appoint any solicitor or counsel apart from a legal officer to provide legal support for the MCHK at the PIC and inquiry stages, will help shorten the time required for the MCHK to conduct complaint investigations and disciplinary inquiries. Nonetheless, Dr LEUNG Ka-lau holds that if there is no increase in the number of registered medical practitioner members of the MCHK, it is unfeasible for the MCHK to establish more than one PIC. Members note that in order to allow more flexibility for the MCHK to form the quorum of a meeting held for the purpose of conducting an inquiry, the Bill seeks to adjust the composition of the quorum of such a meeting. Dr LEUNG


Ka-lau has expressed concern about this proposal, and the legal basis of the existing arrangement for the MCHK to put in place a roster system in respect of disciplinary inquiries for its members to serve on the inquiry panels. Under the Bill, the total number of assessors who are registered medical practitioners nominated by the Director of Health, the Hospital Authority, the Academy of Medicine, the University of Hong Kong and The Chinese University of Hong Kong is to increase from 10 to 20, and the total number of lay assessors nominated by the Secretary for Food and Health is to increase from four to 14. This proposal will increase the total number of assessors from 14 to 34, allowing the MCHK to conduct PIC and inquiry meetings more frequently and in parallel. Some members are concerned about the factors to be taken into account by the Secretary for Food and Health in nominating lay assessors, and the rationale for requiring the assessors who are registered medical practitioners to be nominated by the aforesaid person or bodies. In addition, members note that the MCHK has revised its guidelines on the handling of conflicts of interest to spell out the circumstances under which a declaration of interest and/or recusal from discussion is required. The Administration has also indicated that it will adopt administrative measures and provide the MCHK Secretariat with additional resources and manpower to shorten the time required for certain procedures under the complaint handling mechanism. The Administration has further undertaken that upon the passage of the Bill, it will allocate additional resources to implement the proposal for enhancing the legal support provided to the MCHK, and will allocate additional resources to the MCHK Secretariat for each additional PIC. Dr KWOK Ka-ki and Dr LEUNG Ka-lau have both indicated their intention to propose certain CSAs to the Bill for, among other things, increasing the number of registered medical practitioner members of the MCHK elected by medical practitioners with full and limited registration, and adding representatives of the Hong Kong Medical Association to the panel of assessors formed for the purpose of conducting disciplinary inquiries. Moreover, Dr LEUNG Ka-lau has indicated his intention to propose a CSA to delete the Bill's provision which amends the quorum requirement for any MCHK meeting held for an inquiry. I will leave it to Dr KWOK Ka-ki to introduce his specific CSAs later on. As for the large number of CSAs proposed by Dr LEUNG Ka-lau, they have been ruled frivolous and hence inadmissible.


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President, members generally support the Bill, and have indicated their wish to complete the examination of the Bill before the prorogation of the current term of the Legislative Council. President, the above is my report on the work of the Bills Committee. I will now express my personal opinions on the Bill. President, during the scrutiny of the Bill, I noticed several significant problems facing the Legislative Council: first, some Honourable colleagues are really quite irresponsible in that they did not do their homework before passing comments, but made impertinent remarks for creating sound bites; second, the use of filibusters to hamstring the Legislative Council has become increasingly common; third, in the eyes of some Members, the public interest is nothing more than a consideration subordinate to their personal interests; and fourth, some Members take the view that anything, even if it is good for Hong Kong or the public, can be opposed as long as such opposition is compatible with their objective of targeting the incumbent Chief Executive, LEUNG Chun-ying. Regarding the first problem, some Members indicated to the media during the past few days that the Bill, if passed, would lower the standard of medical practitioners in Hong Kong, allow a large number of overseas and Mainland doctors to practise in Hong Kong, and lower the quality of healthcare services in Hong Kong. These Members simply did not read the Bill carefully. What they said was only empty talk aimed at scaring Hong Kong people. The Secretary for Food and Health has clarified over the past couple of days that the Bill is not concerned with any registration requirement for medical practitioners. In other words, regardless of whether the Bill is passed or not, any doctor intending to practise in Hong Kong is still required to pass the existing Licensing Examination and complete an internship in a public hospital. The provision in the Bill relating to medical practice merely extends the term of registration of medical practitioners with limited registration from not exceeding one year to not exceeding three years. Medical practitioners with limited registration are still required to meet the existing practice requirements. What is more, as the vast majority of medical practitioners with limited registration are serving in the public healthcare system and universities, there will be no impact whatsoever on private medical practitioners. This limited relaxation proposal seeks to attract more overseas medical practitioners, in particular specialists, who are Hong Kong people to return to Hong Kong to serve


the local public, with a view to alleviating the problems arising from the shortage of doctors in the public healthcare sector. It stands to reason that this will bring only benefits without doing any harm to doctors overloaded with work in the public healthcare sector, as well as patients. I really do not understand why this proposal is distorted into something that will "lower the standard of medical practitioners in Hong Kong". As regards the 112 000-odd CSAs proposed by Dr LEUNG Ka-lau, I believe that he absolutely wanted to use these CSAs to filibuster in order to hamstring the Legislative Council. This is because except for eight CSAs which may be related to the contents of the Bill, the remaining 110 000-odd CSAs are just numerical combinations for the composition of the MCHK. While he has explained that he was proposing "reasonable combinations" for the composition of the MCHK for Members to choose from, I do have serious doubts about their reasonableness. If it was possible to come up with 110 000-odd "reasonable combinations" for the composition of the MCHK, which comprises only 28 members, could there be any unreasonable combination? Does it mean that the combination currently proposed in the Bill is also a reasonable combination? In proposing 110 000-odd combinations for the composition of the 28-member MCHK for Members to choose from, was he actually playing a trick on us? How could we possibly choose the most reasonable combination from all these combinations? Dr LEUNG's purpose in proposing those CSAs was thus obvious to all. His motive was not really to achieve the intent of the Bill; rather, he was only using a game of mathematical combinations to achieve his objectives of procrastination, filibustering and causing confusion. Some people have relayed to me the views that this was simply a little trick played by Dr LEUNG in support of "doctors harbouring each other" with the aim of opposing the Bill, which seeks to improve the mechanism of the MCHK in order to expedite the handling of complaints about medical blunders. Fortunately, the President has wisely made the just and reasonable decision to reject all such unreasonable CSAs. As I see it, this filibuster is the sloppiest ever among all filibusters launched in the Legislative Council. In the past, the filibustering CSAs proposed by those Members including Mr WONG Yuk-man and Mr CHAN Chi-chuen were rather meticulously written, had some substance, and were pertinent to the subject matters of the discussions, unlike the CSAs proposed by Dr LEUNG on this occasion ― his CSAs are totally out of tune with the intent of the Bill.


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What is the legislative intent of the Bill? As stated in the Report of the Bills Committee prepared by the Secretariat, the objects of the Bill are to increase lay participation in the MCHK, improve its complaint investigation and disciplinary inquiry mechanism, and facilitate the admission of non-locally trained doctors, in particular specialists, to practise in Hong Kong. In fact, all these are part of the contents of the《紓緩香港公共醫療系統的醫生不足問題建議書》(Proposal for alleviating the shortage of medical practitioners in the public healthcare system of Hong Kong) published by the Liberal Party and the Democratic Party a few years ago. Back then, the recommendation to increase the number of lay members of the MCHK was fully supported by the Democratic Party, but now I have no idea about its stance on this. I understand that different political parties or groupings have their own positions and considerations of interests, so I am not going to make any comment here. That said, I hope that Members will not forget their original intentions and the legislative intent of the Bill when considering whether to support the Bill. The trigger point for the current legislative amendment exercise to change the composition of the MCHK lies in the fact that despite an increasing number of complaint cases received by the MCHK, the speed at which the MCHK conducts hearings to inquire into such cases is very slow. It took the MCHK nine years to complete the handing of a case involving the family of an artist; in general, the complainants have to wait at least 58 months before their cases can be heard. Such progress is absolutely unacceptable, and is even a torment to the families of the patients affected. Honourable colleagues, the medical profession has been the most respected profession in society; more often than not, patients and their families completely trust and rely on their doctors. We all understand that no medical treatment has a 100% success rate, and that is why it is very important that professionals should conduct hearings in respect of medical complaints to give reasonable explanations to patients and their families. In particular, as the MCHK is the only complaint channel available for patients seeking medical treatment from private healthcare institutions, if we objected to any amendment to the composition of the MCHK, it would give a strong impression of "doctors harbouring each other". Today, before this Council meeting started, some Honourable colleagues and I met with some patient group representatives who came to petition. They strongly hope that the Bill will be passed.


However, today we also see some doctor associations petition against the Bill, mainly for "defending professional autonomy". To be frank, I think those doctors opposing the Bill do not have enough confidence in themselves. As I said just now, patients and their families rely on and trust their doctors very much. Reasonable investigations and explanations in response to complaints will further increase patients' confidence in doctors. On the contrary, continuous delays in the hearing of complaints will give the complainants the impression of being evasive or being up to something, and this will have a negative impact on the professionalism of doctors. As a result of the changes proposed in the Bill, the MCHK will have four additional members as lay representatives. Will this affect the professionalism of the MCHK as a professional body? Members may as well ask the public which of the following two scenarios will give the MCHK higher credibility: where all its members are from the medical profession, or where some of its members are from patient groups which are concerned about the standard of healthcare services. I believe all of us know the answer. Honourable colleagues, it should be up to the public at large rather than the members of an organization to judge whether the organization has credibility. I really hope that the doctors currently staging a sit-in against the Bill can open their minds and have more confidence in their own profession. President, the Bill is the last bill that I have helped to scrutinize. While the Bill is generally supported by Honourable colleagues, members of the public and, in particular, patient groups, it is still facing the pressure of being filibustered and opposed. In my opinion, this is largely due to the prevailing atmosphere of opposition stemming from the hostility towards the incumbent Chief Executive, LEUNG Chun-ying. Actually, we all understand that even though the relevant members are to be appointed by the Chief Executive, their appointments shall be subject to the recommendations by professionals before being announced by the Chief Executive. There is simply no question of the Chief Executive having underhand dealings with the relevant persons. During my life as a Legislative Council Member, I have participated in the scrutiny of a lot of bills, many of which were not supported by me. Yet, as far as the Bill is concerned, the Liberal Party and I fully support it for a very simple reason: the Bill genuinely seeks to serve the public interest, and is beneficial to the interests of patients and the professional credibility of doctors. Therefore, I


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sincerely hope that Honourable colleagues will support the Bill for the sake of the public interest, the interests of patients and the credibility of Hong Kong doctors. Thank you, President. DR LEUNG KA-LAU (in Cantonese): President, I wish to move a motion under Rule 40(1) of the Rules of Procedure that the debate be now adjourned. Shall I move it only when it comes to my turn to speak? Or may I move it now? PRESIDENT (in Cantonese): You may move the motion later when it is your turn to speak. DR LEUNG KA-LAU (in Cantonese): Thank you, President. PRESIDENT (in Cantonese): Mr Albert HO, please speak. MR ALBERT HO (in Cantonese): The policy objectives of the Medical Registration (Amendment) Bill 2016 (the Bill) mainly cover three areas. Firstly, regarding the composition of the Medical Council of Hong Kong (MCHK), there will be four additional lay members, among them three are representatives elected by the patient groups and the other one is nominated by the Consumer Council. Secondly, increase the number of assessors of the Preliminary Investigation Committee (PIC) and the number of legal advisers so as to improve the complaint investigation and disciplinary inquiry mechanism. Thirdly, in respect of the recruitment of non-local trained doctors to practice under limited registration in Hong Kong by public bodies, such as the Hospital Authority (HA) or universities, the term of registration will be extended from one year to three years. President, we have been repeating these three areas time and again and they all relate to the complaints and demands in society that must be responded to speedily, especially the serious shortage of manpower in public hospitals, which requires additional doctors … (Dr LEUNG Ka-lau stood up)


DR LEUNG KA-LAU (in Cantonese): President, a point of order. I request a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Mr Albert HO, please continue. MR ALBERT HO (in Cantonese): President, of the three policy objectives mentioned by me just now, two seek to better safeguard the interests of patients. First, by improving the procedures of disciplinary inquiries, serious delays can be alleviated so that complaint investigations can be concluded as early as possible. The short-term contracts, on the other hand, help to relieve the intermittently serious manpower shortage faced by the HA. There is no doubt that adding four lay members to the MCHK would help enhance the transparency, accountability and recognition of this statutory body. In fact, these are the objectives that many pan-democratic Members, especially those serving in the districts, have been striving to achieve in the light of the HA's situation. As Mr Vincent FANG has said just now, we and the Liberal Party did intend to force the Government into making changes through legislative means. But then we were told by the then Government in private that this was no easy task, because the Hong Kong Medical Association (HKMA) was pretty "overbearing" and was very difficult to deal with. This is what the then Government told us and I wonder if the Secretary can still remember. As a matter of fact, I do not think the Government is very sincere in dealing with the matter. It was only after a judgment was made by the Court on the case of Eugina LAU Mei-kuen, questioning why it took nine years for the MCHK to conclude the case and how it could live up to its obligation to the people, that the Government started to take action. I recalled that when the Bills Committee on the Medical Registration (Amendment) Bill 2016 (the Bills Committee) commenced the scrutiny of the


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Bill, many colleagues did not have much strong views towards the major policy stance. They only asked if it could be assured that the Chief Executive would respect the election results and appoint the members elected by the Hong Kong Academy of Medicine (the Academy of Medicine) or the University of Hong Kong (HKU). The Bills Committee discussed these issues at the outset, followed by the discussion on the election of four lay members. I am aware that the Government has finally agreed to allow the patient groups to nominate and elect among themselves. Therefore, some of the proposals are feasible except for certain technical problems, which I think should have been addressed for I have been listening all the way through. One example is concerned with the quorum for disciplinary inquiries. Members did raise a number of questions on this, but as I am aware, the authorities have already responded. Another example is concerned with the "lazy pack" of the MCHK, and I will give a response accordingly later on. I am puzzled why the issue has been overplayed these few days to an extent that the entire Bill is unacceptable. Though all the amendments proposed by Dr LEUNG Ka-lau are inadmissible, those proposed by Dr KWOK Ka-ki are admissible. Such amendments can help improve the relevant legislation and are worth our further discussion. Generally speaking, as far as the major policies pertaining to this Bill are concerned, the impression that I obtained in the course of discussion is that they are agreed by Members. I do not want to name those Members because after all, we are colleagues, but I fail to see why there is a need to oppose the Bill as a number of the proposals are pretty good and can help improve the legislation. Of course, in the end, the decision rests with our colleagues, who are not only accountable to the doctors sitting outside the Complex, but also the community at large and the patients. What is more, they will have to explain why the entire Bill is so unacceptable and, as Members have just said, so bad that the MCHK would be susceptible to manipulation by the Government. President, today, the MCHK has mobilized a group of doctors to stage a protest outside the Complex. I certainly respect the rights of doctors to demonstrate and protest, and I also respect their profession. If the doctors came here today to protest against the various problems in the healthcare system, the lack of concern over the interests of patients and the current shortage of manpower in public hospitals which are at the brink of collapse, I would have given them my due respect. However, they came here today out of the fear that their interests will be undermined; out of the fear that the PIC may not be able to


provide sufficient protection and out of the fear that they would be manipulated. I am sorry to say that they have completely distorted the Bill. If it is not misunderstanding, it must be distortion and most of the remarks are exaggerating or even alarmist. And yet, they merely represent the viewpoints of some people, but not all. I am obliged to give a detailed response because if this is the attitude adopted by doctors towards the Bill, it would only deepen the public's perception of "doctors harbouring each other" or "doctors' hegemony", according a lower priority to the interests of patients and members of the public, or even ignoring their interests. President, let us recap some of the issues raised by the MCHK and then I will respond briefly ― Sorry, it should be the HKMA. Firstly, the HKMA highlights that there is a higher chance of manipulation … Perhaps I should first talk about the problem of insufficient consultation. President, in fact, the issues mentioned by me just now have prevailed for quite some time. We have liaised with the Government time and again, and the medical sector is also well aware of the numerous complaints in society, as well as the trend of development in many other places where an appropriate number of lay members are allowed to join their medical councils. In view of the small number of lay members in the MCHK at present, the size should be increased as appropriate. However, this is not a major or fundamental change that would run counter to the basic principle of the medical sector to exercise its public power through the MCHK. I completely fail to see any major change at all, but the HKMA now raised criticism on insufficient consultation. The disagreement of the HKMA basically lies in the size of the MCHK, and that is, members elected among doctors must be the absolute majority. This is not a matter of consultation; it is actually an outright disagreement with the relevant policy. In fact, the scrutiny of the Bill not only lasted for four months as a lot of discussions had started much earlier. Secondly, the HKMA pointed out that increasing the size of the MCHK does not help expediting the handling of complaint cases. In the Bill, a number of improvements are proposed to deal with the various existing hurdles or obstacles. According to the Government, the processing time of an inquiry will be shortened from 58 months to around 30 months. Although 30 months is still a long period of time, it is an improvement after all. Therefore, it is absolutely not true that increasing the number of members and legal advisers of the PIC would not, in any way, help improve the current situation; this makes no sense at


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all. Worse still, it is not logical for the HKMA to raise opposition simply because no significant and desirable improvement can be seen for the time being. Thirdly, according to the HKMA, the fact that MCHK members are elected among members of the Academy of Medicine rather than through by-election might upset the 1:1 ratio between appointed members and elected members. Given that the elected members of the Academy of Medicine are necessarily members of the Academy, why would they be less representative than those elected by Council members of the HKMA? Noting that the Council of HKMA only comprises dozens of members, then why only the indirect elections conducted by the HKMA Council are regarded as elections but not those conducted by the Academy of Medicine? In my opinion, it is not right to set the goalposts or threshold at one's own wish. According to the present proposal, seven members would be elected among the Council members of the HKMA through indirect elections, but when Dr Louis SHIH Tai-cho suggested electing all MCHK members through by-elections, he was forced to step down. Is this not setting the goalposts at one's own wish? Furthermore, the HKMA considered that the election of members among patient groups ― though the relevant guidelines are still under consideration ― does not contain any electoral element. Nonetheless, this is just one-sided view. Why a fair consideration is not given? Fifthly, the HKMA opines that the Chief Executive would have complete control over the HKU, The Chinese University of Hong Kong (CUHK) and the Academy of Medicine, I think this saying is a bit too peremptory and disrespectful to those organizations. It is proposed that they would only lay down the future professional qualifications but not decide on any political issue. The HKMA pointed out that it would be miserable if the HKU, CUHK and the Academy of Medicine significantly lower the thresholds of practice of local doctors and import a large number of Mainland doctors, especially those who have yet to meet the professional standards. First, any proposed change to the professional qualifications of doctors, especially the exemption of examination, must involve a legislative process, and second, if the proposal simply involves the lowering of the thresholds of practice, I do not see why the Academy of Medicine, the medical schools of the HKU or CUHK would so easily be manipulated into lowering the thresholds. I thus think the HKMA should not look at their counterparts in this way.


Also, the HKMA pointed out that the four additional lay members of the MCHK can hardly digest a large amount of professional knowledge. I am highly dissatisfied and consider such a view peremptory and arrogant. If they really think so, they should not involve any lay members in the inquiries as they are not experts and only doctors can have a good grasp of the matter. For example, recently, the one and only lay member of the Beauty and Hairdressing Industry Training Advisory Committee said that whenever he spoke, he was stopped by the doctors, who accused him of having no knowledge of the matter and should therefore keep his mouth shut. Eventually, he resigned and left the Advisory Committee. I opine that doctors or the medical sector should not treat lay members in such a peremptory manner. Another point is, many people consider it unacceptable to lower the quorum to five members. Firstly, members of the PIC are duty-bound to attend all inquiry meetings, and secondly, there are fears that the investigation results might be manipulated by the non-professional members. However, it is clearly stated in clause 11 that registered medical practitioners must be the majority at the inquiry meeting, so why did the HKMA criticize the inquiry system by distorting the facts? President, although we support the principle and spirit of the entire Bill, we also agree that Dr KWOK Ka-ki's amendments can improve the legislation. Therefore, the Government should take heed of Members' views. We find it particularly difficult to understand why the Government rejected Dr KWOK's proposal to add eight medical practitioner assessors, which helps to alleviate manpower shortage problem. So, how can we support the Government if it adopts such an attitude? DR KWOK KA-KI (in Cantonese): President, finally, we are going to debate the Medical Registration (Amendment) Bill 2016 (the Bill). It has been 20 years since the Medical Registration Ordinance (the Ordinance) was last amended, and during these 20 years, it is well evident that the time taken to conduct disciplinary inquiries is getting longer and longer, and members of the public have more and more grievances. The public also talk about "doctors harbouring each other". In today's society, it is very difficult for me to express the views of the sector in my capacity as a doctor. Fortunately, as I am not entitled to speak on behalf of the medical profession today, the pressure may be less acute. In any event, as I have served in the Medical Council of Hong Kong (MCHK) for three


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years, I really want to examine the Bill on the basis of my experience and find out why so many Members have raised objections. Members of the public frequently mix up two concepts; one being the regulatory and registration framework of doctors, and the other being the disciplinary inquiries. The regulatory framework of other professions such as lawyers, barristers, accountants, engineers and architects can generally manifest professional autonomy. But in respect of disciplinary inquiries, different bodies have included a significant number of lay members so to increase the credibility and transparency of disciplinary inquiries. In our discussions today or earlier, the case of a famous artist was often cited to question why there is so much delay in the work of the MCHK. However, to speak in fairness, the Government provides secretariat service through the Department of Health to support the MCHK. Based on my experience in serving the MCHK for a few years, its Secretariat is no different from other government departments. It is very rigid. In response to our requests for improving the administration of the MCHK, including an increase in resources or transparency and our request for arbitration, it always gives a "zero" response. As the Secretariat is under the Government's full control, it has the greatest power to determine whether the MCHK will move forward or not. The Government and Secretary Dr KO Wing-man are very clever, and they have successfully shirked all responsibilities onto the doctors in the MCHK. As I have just heard, even democratic Members have many misunderstandings, but I do not blame them because few people would actually understand such a complicated system. However, why have so many Members expressed their views today? In my view, professional autonomy is a principle that must be upheld in Hong Kong. Some may not approve the disciplinary inquiry system of the MCHK and propose changes to increase its transparency; this is not a problem. After all, this is part of the work of the MCHK and this area of work has consistently been criticized by Mr Vincent FANG and other Members. I also agree that reform is required for the MCHK and there should be an additional Preliminary Investigation Committee (PIC). We have no objection to these. Neither I nor the Civic Party has any objection. I have no objection that there is a need to increase the number of legal advisers to the MCHK, but we must not forget that there are a lot of things …


DR LEUNG KA-LAU (in Cantonese): President, I request a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Dr KWOK Ka-ki, please continue with your speech. DR KWOK KA-KI (in Cantonese): President, if we still respect the Basic Law and if we still respect "one country, two systems" and "Hong Kong people ruling Hong Kong", we should note that Article 142 of the Basic Law stipulates that the Government shall continue to recognize and respect the status and regulatory framework of the professional organizations recognized prior to the establishment of the Region. President, in this discussion, many people have mixed up two different concepts, namely the regulatory framework of doctors and disciplinary inquiries. The Government has taken advantage of the misunderstandings of many people to act in a populist manner, even more populist than members of the public. I find this absolutely unacceptable. As I saw on television yesterday, the Secretary said that we did not understand what the Government intended to do, and he said that the Government intended to increase the Secretariat's resources and the number of legal advisers. We have never raised objection to these proposals. The prime concern is members of the MCHK within the regulatory framework. Since the reunification in 1997, we have been facing changes in the political environment. The Government has been exerting control in all aspects, and LEUNG Chun-ying has been practising cronyism. Just now, some Members asked us not to worry because the University of Hong Kong (HKU) and The Chinese University of Hong Kong (CUHK) will raise objections. As we have noticed, although the academic staff, students and alumni of the HKU raised objections, the Government still appointed Arthur LI, a fan of LEUNG Chun-ying, to join the Council of the HKU. The same happened to CUHK.


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Despite the objections raised by so many teachers and students, the Government still appointed Norman LEUNG. In the future, these people can definitely control and decide upon all matters relating to appointments and resource allocation of the HKU and CUHK. How can the Government say that there is no impact? Will the Government appoint two disobedient people to join the MCHK? Definitely not. It will certainly appoint some obedient guys to join the MCHK, who would make the adequate response to what the Secretary said, and would also read the mind of the Government. Is this professional autonomy? You must be kidding. I will explain my amendments in detail later. The simplest requirement is to maintain professional autonomy and strike a balance. The Government should allow the representatives selected by doctors to join the MCHK. These representatives will come from four bodies, including CUHK, the HKU, the Hospital Authority and the Hong Kong Academy of Medicine (the Academy of Medicine). The Government will certainly say that there are already two members from the Academy of Medicine. Nevertheless, this is not an election. Two representatives are now selected by the Council; how about the practice in future? We once proposed "one person, one vote", so that all fellows could vote to elect their representatives. But we cannot do so and the decision must be made by Council members of the Hong Kong Medical Association (HKMA). How can this be regarded as an election? According to some people, as the HKMA asks for changes, a decision should be made by it. I have no objection but if after careful consideration, the HKMA allows all doctors to vote to elect seven people, and this practice can reflect professional autonomy, I think there is no problem. It is most important to defend professional autonomy. At present, it seems that doctors and many professional sectors are under certain threat because the Government is restricting professional autonomy through various policies. This should in no way happen. For example, Dr LEUNG Ka-lau voted against the constitutional reform package which made the Government, including LEUNG Chun-ying and the future Chief Executive unhappy, the Chief Executive can thus make life difficult for this profession. So, we not only have to defend the number of members but also autonomy, which should not be given up in Hong Kong under the Basic Law. In addition to professional sectors, the business, cultural and education sectors and even the


whole Hong Kong are facing the same difficulties and threats. If someone emotionally believes that all proposals made by the Government are the best and we should accept them all, I am sorry to say that he may have been intoxicated. For a long time in the past, the Government provided secretariat services to the MCHK; does the Government have no responsibility when the MCHK fails to perform? Why doesn't the Government need to apologize? How can the Government put all the blame on doctors? The Government has provided inadequate resources and only a few civil servants work in the Secretariat to provide services. We have requested the Government to provide more resources and carry out a reform. In fact, the Secretary should be well aware that in previous documents, the broad framework of a reform was proposed and the reform would be introduced in June. Why do the authorities not take this opportunity to allow all professions including doctors to give play to professional autonomy? Why should the authorities act perversely? If we allow the Government to impose a draconian law on certain professions, we should not think that other sectors are not impacted. If the lips are gone, the teeth will be cold. The Government will then deal with the business, cultural and educational sectors based on similar reasons. As regards representatives of patient groups and patients, I have frequently urged, at meetings of the Bills Committee, the authorities to allow them to elect members on their own. Why would I not defend the interests of these patient groups? Why would I oppose them? I just do not want them to be manipulated or hijacked by the Government or KO Wing-man and support the introduction of a draconian law. We want to reform the entire disciplinary inquiry system but not the whole regulatory framework because this framework is most important to defending professional autonomy. We should not confuse the public. I hope Members from the Liberal Party would also understand that this is no trivial matter as not only the medical profession is affected. If the Government is unhappy, it can employ different means to target against other professions and the business sector. Should this happen in Hong Kong, there is no way we can defend ourselves. Today, you may believe that KO Wing-man, with a high popularity rating, is a good person and he looks like a good person in front of the camera, but you should not believe in a person; you should believe in the system as the system is important.


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If the system is sabotaged, the Government can do whatever it likes. At present, all members of the MCHK are appointed by the Chief Executive and these are substantive appointments. Though the Government can refuse to appoint someone, it has never done so before. Nevertheless, we should understand that this is like a sword of Damocles hanging over our head, the Government can use the sword to kill us when necessary. We want a system under which the medical profession and all other professions are highly respected; their professional freedom is also respected and safeguarded through the legal framework and legislation. We do not want empty talks. I hope Members who are going to speak and vote today will only do so after careful consideration. If we allow the Trojans to enter the town, this tiny city of Hong Kong will not be able to resist. In other words, if we allow the Government to trample on professional autonomy and take away professional autonomy for various reasons, our important votes today will help a tyrant to do evil and "murder" professional autonomy. I hope Members would think twice. I so submit. Thank you, President. (Dr LEUNG Ka-lau stood up) DR LEUNG KA-LAU (in Cantonese): President, I request a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Mr Kenneth LEUNG, please speak. MR KENNETH LEUNG (in Cantonese): President, I am a little surprised that Secretary Dr KO submitted the Medical Registration (Amendment) Bill 2016 (the Bill) for resumption of Second Reading debate today. We have been discussing issues on healthcare reform, supply and demand for doctors, as well as enhancement of the disciplinary inquiry mechanism of the healthcare system for


some 10 years, but the Government resumes the Second Reading debate on such an important bill today, 29 June 2016, some two weeks before the end of the current Legislative Session, with the hope of having the Bill read the Third time and passed expeditiously. I am very disappointed. Let us look at history. In June 2014, a consultancy report of the Medical Council of Hong Kong (MCHK) proposed to increase the number of lay assessors from four to 14, and to allow lay assessors to play a more important role in the Preliminary Investigation Committee (PIC) by undertaking more work. The Government made no reply and took no action whatsoever. In 2015 our colleague Mr Tommy CHEUNG introduced a private bill proposing to increase the number of lay members of the MCHK from four to eight. The Government has incorporated the contents of Mr CHEUNG's private bill and presented a government bill to the Legislative Council. (THE PRESIDENT'S DEPUTY, Mr MA Fung-kwok, took the Chair) Deputy President, is Secretary Dr KO taking a ride by doing so? Thinking that the Liberal Party would support the Bill and the Democratic Party would also likely render support, he introduced a Bill to the Council, proposing two or three more reforms in addition to the proposal of increasing lay members of the MCHK from four to eight, with the hope that the Bill could be passed expeditiously. However, it is not an easy ride. Although the Bill only has 20 to 30 pages, its implication is profound. According to the papers submitted by the Government to the Legislative Council, the Bill has three major objects. The first object is to increase lay participation in the MCHK, so as to enhance its accountability and public participation. The second object is to improve its complaint investigation and disciplinary inquiry mechanism. And the third object is to facilitate the admission of non-locally trained doctors to practise in Hong Kong through limited registration. While I support these three policy directions, I do not subscribe to most of the contents thereof, except for the third object, that is, to extend the term of limited registration for non-locally trained doctors from one year to three years, thus reducing their administrative concerns and enabling them to take the Licensing Examination. I support the third object.


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As for the first and second objects, I can hardly agree to the Government's claims that increasing four lay members of the MCHK will serve to enhance its accountability; and increasing the numbers of legal advisers and assessors and increasing lay persons of the PIC from one person to two or more persons will serve to perfect the inquiry mechanism. Let me tell the Secretary, the existing inquiry mechanism is rotten. Deputy President, why do I say so? Before serving as a Legislative Council Member, I had served as a member or the chairman of three appeal committees or disciplinary committees for 12 to 15 years. The design, functions and procedures of each committee are devised based on the nature of complaints and their scope of regulation. The appeal mechanism has long been in existence, and I wonder if any consultant report has been prepared in this regard. The existing three stages, namely the initial consideration of the complaint by the PIC, the examination of the complaint and the referral to the MCHK for inquiry, involve the participation of different persons. According to the Secretary, the proposed increase in the Bill of lay persons of the PIC from the existing one person to several persons will shorten the duration of the inquiry process. I am absolutely unconvinced. The Government can only expedite the clearing of the backlog of cases, but it will not be able to shorten the duration of the inquiry process. For example, if the reform is implemented, the time required for handling an existing case will be shortened from 58 months to 56 months. Why? Despite the increase of lay assessors or Secretariat manpower to handle the cases, the consideration of each case still has to undergo the three stages, and no stage can be skipped. The problem is that if the Government intends to reform this awful and decadent inquiry mechanism, it must root out the mechanism and commission a consultant to study whether the three stages can be streamlined to two stages, and whether more assessors can be appointed. These assessors should be non-members of the MCHK but they can be doctors or lay assessors. The Government indicated in early 2016 that a direction for reform was formulated and it claimed that by increasing certain manpower and resources, the rotten inquiry system could be reformed. I do not accept such a claim at all. Deputy President, why do I not accept it? After I joined the Legislative Council in September 2012, the first meeting I attended was to discuss with Mr John POON and Ms Sophia KAO of the Financial Reporting Council on how to change the disciplinary inquiry mechanism for auditors of listed companies. Deputy President, our discussion took place in September 2012, but discussion on


that issue kicked off as early as mid-2010. After I was elected, my first task was to communicate with the regulator on how to perfect a disciplinary inquiry mechanism that was also rotten. Certainly, at that time, the industry was divided in opinion, there were various voices in society, and the regulator faced great difficulties. The Government also held a divergent view. As at today in June 2016, we have already narrowed our numerous differences to three major differences. We have spent four years perfecting the inquiry mechanism, and I expect to continue ironing out the differences on the inquiry mechanism expeditiously. But we have spent five years handling the issue, Deputy President. (Dr LEUNG Ka-lau stood up) DR LEUNG KA-LAU (in Cantonese): Deputy President, I request a headcount. DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) DEPUTY PRESIDENT (in Cantonese): Mr Kenneth LEUNG, please continue with your speech. MR KENNETH LEUNG (in Cantonese): Previously, I mentioned that we have spent five years perfecting the reform on the regulation of accountants, particularly the disciplinary inquiry mechanism. I hope that we will continue to proceed with work in this regard in the coming year. However, regarding the disciplinary inquiry mechanism of the MCHK, the authorities have hastily spent four or five months handling the issue and then claimed that the issue was settled. I think that is not the way to handle the issue. Secretary, I know you. You are a senior schoolmate of mine. I know you have the intent to reform the mechanism; if so, would you please carefully consider whether the "three-stage" inquiry mechanism is truly necessary? I also hope that you will commission an


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external consultancy specializing in studying the operation of regulatory structures to examine whether this disciplinary inquiry mechanism is effective, and whether it meets the current social needs and public aspirations. Second, I think the Bill fails to address certain problems. Let me perhaps reiterate the first object, that is, to increase lay participation in the MCHK, so as to enhance its accountability and public participation. Can the mere increase of lay participation enhance accountability and public participation? There is no such a correlation. Why? Take our neighbouring region Singapore as an example. What is the membership of the Medical Council of Singapore? Among its members, slightly over half or 14 persons are representatives elected by medical practitioners; the others are registered medical practitioners nominated by local medical schools and the Minister for Health, and appointed by the Government. This is merely one of the many examples. However, the various committees under the Singapore Medical Council, including the Disciplinary Committee, involve considerable lay participation. May I ask whether the increase of lay participation can enhance accountability? To whom should the MCHK be accountable? Should it be accountable to the Chief Executive or the public? Over the years, the complaints against the healthcare system in fact stemmed from the low level of transparency and slow progress of disciplinary inquiry. Many people have asked me whether this is a case of "doctors harbouring each other". Regarding such sayings as "doctors harbouring each other", "government officials harbouring each other", "Government colluding with the business sector" and "all businessmen are cunning", I am sorry, I cannot accept all of them. They are merely sayings of a certain kind. I have been a member of various disciplinary inquiry committees. Frankly speaking, doctors in charge of the inquiry are eager to "kill" the doctor under inquiry. If the doctor concerned really commits an offence, neglects his duty or discharges his duty carelessly, I really fail to see why there is a case of "doctors harbouring each other". Deputy President, there is another saying which goes "your peers are your enemies". If the doctor under inquiry is found guilty, neglectful or inept, the doctors in charge of the inquiry will definitely take resolute actions and will not be tolerant, as they are eager to have one rival down. Deputy President, I have spoken my mind. My remarks may have been a bit hyperbolic, but I very much believe that professionals will abide by their code of


conduct, and they will handle the inquiry concerning non-compliance of their peers in a fair and impartial manner, not to mention the fact that there are lay members in such committees. The problem is that the Government now proposes to change the number of lay persons of the MCHK instead of the inquiry structure. The implications are profound as the functions of the MCHK also include licencing, appraisal and promulgation of professional guidelines. The MCHK has its jurisdiction and has to respond to public enquiries on various matters. At present, the prime concern of the public is that the disciplinary power over doctors does not have a bearing on the most important duties to be handled by the MCHK with regard to formulating the general direction of development, conducting licensing examinations and overseeing other areas of the healthcare policy. For this reason, the Singapore Medical Council still runs smoothly despite the fact that all its members are medical practitioners. Certainly, many lay members have joined various committees for oversight purposes. As such, we should consider how to make the MCHK more transparent and democratic. Thank you, Deputy President. DR LEUNG KA-LAU (in Cantonese): Deputy President, I wish to move a motion for adjournment under Rule 40(1) of the Rules of Procedure. DEPUTY PRESIDENT (in Cantonese): Are you moving a motion under Rule 40(1) of the Rules of Procedure that the debate be now adjourned? DR LEUNG KA-LAU (in Cantonese): Deputy President, I move a motion under Rule 40(1) of the Rules of Procedure that the debate be now adjourned. DEPUTY PRESIDENT (in Cantonese): As Dr LEUNG Ka-lau has moved a motion that the debate be now adjourned, I must deal with this motion first. Members who wish to speak on this motion will please press the "Request to speak" button.


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I now put the question to you and that is: That the motion, moved by Dr LEUNG Ka-lau under Rule 40(1) of the Rules of Procedure that the Second Reading debate on the Medical Registration (Amendment) Bill 2016 be now adjourned, be passed. According to Rule 40(5) of the Rules of Procedure, this motion cannot be amended. Secretary for Food and Health, do you wish to speak? SECRETARY FOR FOOD AND HEALTH (in Cantonese): Deputy President, if the motion for adjournment is passed now, it implies that the Medical Registration (Amendment) Bill 2016 (the Bill) cannot be passed. I must point out the consequences if the Bill cannot be passed. First, we may not achieve the objects of the Bill, that is, to enhance the credibility and accountability of the Medical Council of Hong Kong (MCHK). Also, we will fail to enhance greater participation from members of the public or representatives of patient groups and non-medical professions. The second consequence, and also the most serious one, is that we fail to expedite the processing of over 900 backlog cases and enhance the efficiency of the MCHK in handling complaints. I trust this is beyond the public's acceptance. Third, we cannot effectively recruit more non-local medical graduates through the mechanism of medical practitioners with limited registration, so as to relieve the shortage of doctors in public hospitals. Hence, Deputy President, I oppose this motion, and I also hope Honourable Members will veto it as well. MR CHARLES PETER MOK (in Cantonese): Deputy President, we are debating the Medical Registration (Amendment) Bill 2016 in the Legislative Council today …

(Dr LEUNG Ka-lau stood up) DR LEUNG KA-LAU (in Cantonese): Deputy President, I request a headcount.


DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) DEPUTY PRESIDENT (in Cantonese): As Dr LEUNG Ka-lau can speak when he moves the motion for adjournment of debate just now, I now call upon Dr LEUNG to speak. DR LEUNG KA-LAU (in Cantonese): Deputy President, a moment ago, the Secretary stated that if the adjournment motion was passed, the Medical Registration (Amendment) Bill 2016 (the Bill) would not be enacted, and various improvements proposed under the Bill in relation to the Medical Council of Hong Kong (MCHK) would not be implemented. However, the truth is that even if the adjournment motion is passed, the effect is that discussion on the Bill will be put on hold today. It does not mean that the Bill will not be discussed next week. In fact, discussion on the Bill can continue next week. In my view, it is not the right time to discuss the Bill today for a number of reasons. Why do I say so? Firstly, the Bill contains quite a number of provisions, and some of which are relatively simple, for example, the provisions to enable the MCHK to appoint more than one legal adviser, to establish more than one Preliminary Investigation Committee (PIC), and so on. But some provisions are rather controversial. Take for example the composition of the MCHK. According to the Government's present proposal, the MCHK will have four additional lay members. But as we have proposed time and again previously, why can't we have four additional members who are registered medical practitioners to maintain roughly the same balance? But all the amendments I proposed have been ruled out by the President. As a result, they cannot even be discussed by Members. Of course, it has nothing to do with the adjournment motion I proposed. Separately, there is another even more controversial provision, that is, clause 11 of the Bill which suggests substantial changes to the existing disciplinary inquiry mechanism of the MCHK. Under the Medical Registration


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Ordinance (the Ordinance), section 21B (Meetings of Council for purpose of an inquiry) sets out the provisions relating to the existing inquiry mechanism. Clause 11 of the Bill contains a number of proposals which substantially change the inquiry mechanism, including the quorum of a meeting held for an inquiry, as well as the number of assessors. What will happen after the introduction of these substantial changes? The result is that the role of the MCHK members elected by medical practitioners will be overridden completely in the inquiry mechanism. Members of a disciplinary inquiry have the same role as jurors in legal proceedings. The current proposal of the Government is tantamount to changing the formation of a jury pool, which is a very important matter. Regrettably, although a total of 10 meetings were held by the Bills Committee, I was only given little time to ask questions at each meeting. Moreover, the questions were related to many different areas. At the last meeting of the Bills Committee, even though I still had a lot of questions for the Government, I was only given 15 minutes. When I wanted to raise this important matter for discussion, my time for questions was over. After the meeting, the Government only provided a simple written reply. I certainly requested that an additional meeting be held. But regrettably, Mr Vincent FANG, Chairman of the Bills Committee, decided that no more meeting would be held because he was mindful of the Government's intended legislative timetable. As a result, such an important matter has not been discussed previously. Actually whenever I have any free time these two days, I would grasp every opportunity to explain the matter to pan-democratic Members, or even pro-establishment Members. When they heard my explanation, their reaction was invariably that, firstly, they have never heard about the matter and hence, they have no knowledge about it at all; secondly, they would certainly need some time to take it in. Therefore, to say the least, even to this day, there are some very important issues in the Bill that have not been discussed thoroughly. I do not wish to waste the time of Members. On the contrary, I think we should make good use of the meeting time of the Council. If the debate on this Bill can be adjourned, the Council can move on to the ensuing Bills, such as the Fire Services (Amendment) Bill 2015, instead of wasting time. With this motion, we can put this Bill aside first and give all parties concerned one more week to deal with the relevant issues. Perhaps after giving the matter some more thoughts, the Secretary will take other actions or propose new amendments, and so on, next week.


Another point which I want to raise is that some Bills have already been scrutinized for a long time, say, one or two years. Although I was not a member of the relevant Bills Committee, I am aware that the Private Columbaria Bill is a case in point. Upon the prorogation of this term of the Legislative Council, all unfinished Bills will lapse, and the scrutiny work done previously will be wasted. But how long is the scrutiny process of this Bill? The Bills Committee held its first meeting on 21 March, and the last one on 6 June. Although members of the Bills Committee worked very hard and held meetings every week, the Government did not have enough time to prepare papers to the Bills Committee. At times, the Administration would only submit papers to members on the day of the meeting. More often than not, the Government only submitted papers to the Bills Committee one day before the meeting. As a result, members did not have enough time to properly digest the information provided by the Government. I must reiterate that although members of the Bills Committee had worked very hard, the entire scrutiny process only lasted for two months or so. Even if the Bill cannot be passed in the current term of the Legislative Council and must be introduced to the Council again in October, it would only mean wasting two months or so, which is not a big waste after all. With 31 members in total, the Bills Committee has an even larger membership than the Panel on Health Services. This is a good proof that both the Government and Members were gravely concerned about the Bill. But nowadays, it is a norm in the Council for meetings of committees to be attended by barely the number of members required to form a quorum, that is, one third of the committee's membership. After the meeting commenced, even fewer members would stay in the meeting room. During the meetings, I had also requested headcounts, but normally I would only do so when it was my turn to ask questions. I did so not because I wanted to abort the meeting, but because I wanted more members to listen to the points I raised, being the only Member representing the medical profession. Nonetheless, there are ultimately quite a number of points or questions which members of the Bills Committee have not heard before and hence, more time is needed to address them. Earlier, the Secretary said that there were many misconceptions about the Bill. What are those misconceptions? I have no idea of the misconceptions he was referring to. If there is any misconception, should the Secretary spend more time to clearly explain the proposals to the profession as well as the public at large?


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For instance, some members of the public are concerned that after the passage of the relevant proposals, many unqualified non-local medical graduates can come to work in Hong Kong's public healthcare system. It is because one of the amendments proposed in the Bill is related to the term of limited medical registration. Although medical practitioners with limited registration cannot work in private practice, what about those with limited registration who work in the public sector? What is the proposed change about? Under the existing Ordinance, the renewal of medical practitioners' limited registration is subject to approval of the MCHK once every year. The Bill now proposes that the approval of limited registration renewal be given once every three years. In that case, even if the performance of some medical practitioners with limited registration is below standard, they would only be subject to monitoring by their employer, that is, the Hospital Authority (HA), throughout the entire period, without any oversight by the MCHK. Would it be a cause for concern for the public? Due to resource constraints, the HA may want to employ medical practitioners with lower pay. If I have not said so, perhaps Members might still have no idea that many non-local medical graduates are now working in Hong Kong's public sector through the limited registration arrangement. Some of them are medical graduates from the Mainland who come to Hong Kong primarily for training purpose. What would Members think if the term of their limited registration is increased to three years, with the power of monitoring basically handed over to the HA? Would they be worried? Separately, the Secretary said that the Bill has proposed amendments to enhance the operational efficiency of the MCHK. Although I concur with this point, there is still no hurry to pass the proposed amendments. As I pointed out a moment ago, even if the Government must introduce the Bill to the Council again in October, its scrutiny will only take an extra two months. As a matter of fact, during the scrutiny of the Bill, the Bill Committee received views from both members of the profession as well as members of the general public, or even members of the MCHK that the inefficiency of the MCHK was largely due to bureaucracy and administrative red-tape, rather than its composition or the legislation. In fact, improvements could still be made through administrative means, even without the legislative amendments. In the early stage of the Bills Committee's work, we obtained certain data from the MCHK …


It is really a great pity that Members have a tendency to disappear whenever I speak. Deputy President, please do a headcount. DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (While the summoning bell was ringing, THE PRESIDENT resumed the Chair) (After the summoning bell had been rung, a number of Members returned to the Chamber) PRESIDENT (in Cantonese): Dr LEUNG Ka-lau, please continue with your speech. DR LEUNG KA-LAU (in Cantonese): Okay, I will continue with my speech. What was I talking about? (Laughter) I forgot. I was saying that there is no urgency to enact the Bill. As I said a moment ago, even if the adjournment motion is passed today, and the discussion on the Bill is put on hold, the Council can still resume discussion next week. Even if the Bill cannot be passed in this Legislative Session, the future legislative process will only take two to three months because when the Bill was first introduced to the Council, the scrutiny process only took about two months or so. Even if the Bill cannot be enacted eventually, as I said before, bureaucracy and administrative red-tape are primarily the reasons for the long time needed for complaint investigation and the disciplinary inquiry proceedings. Previously, at the Bills Committee, we have received information from both the Government and the Secretariat of the MCHK, detailing the three stages of handling complaints by the MCHK, namely, initial consideration by the PIC chairman and deputy chairman, investigation by the PIC, and disciplinary inquiry by the MCHK. Altogether 27 steps are involved in these three stages. There are records listing how long each step takes. I have reviewed the whole process to ascertain which steps can only be improved through legislative amendments, and which steps only involve administrative process. In fact, the overall


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processing time can be reduced from 58 months to 30 months simply by improving the administrative process. Therefore, if Members have carefully examined and understand the entire complaint handling process of the MCHK, they would know that many measures can be implemented even without introducing the Bill. The medical profession does not object to a number of proposals in the Bill, for example, to increase lay membership and public participation, and so on. But the profession is of the view that the number of members representing the profession should also be increased proportionately. In fact, these two points are not mutually exclusive. Then why can't we have more time for discussion so as to save the meeting time of the Council? (Some Members asked Dr LEUNG Ka-lau to sit down) Sure, I am just checking if there are still points which I have yet to cover. Of course, I will not waste the Council's time if I have nothing more to say because there are also other Members who want to speak, right? I so submit. Thank you. MR CHARLES PETER MOK (in Cantonese): President, I speak to support Dr LEUNG Ka-lau's motion to adjourn the Second Reading debate of the Medical Registration (Amendment) Bill 2016 (the Bill). President, first of all, I would like to talk about the legislative timeline of the Bill, which was not something that happened very long ago. In September 2015, which was less than one year from now, Mr Tommy CHEUNG said he would propose a Member's Bill to request the Medical Council of Hong Kong (MCHK) to increase the number of lay members. What does it imply if a Member intends to propose a Member's Bill? First, it implies that the Government refuses to act; if the Government is willing to take action, why would a Member want to raise a Member's Bill? Is it easy to propose a Member's Bill? President, as you are aware, in addition to getting your approval, there are many barriers to overcome. Besides, a Member's Bill can hardly be passed under separate voting. Hence, this is no joking matter, right?


A Member indicated his intention to propose a Member's Bill; oddly, even though many Members have views towards certain ordinances and thus wish to propose amendments and a Member's Bills, it is rare for the Government to, in a few months later, that is, February 2016 … DR LEUNG KA-LAU (in Cantonese): I request a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (The summoning bell stopped after ringing for 15 minutes) (The President requested the Clerk to do a headcount of the Members present in the Chamber) ADJOURNMENT OF MEETING PRESIDENT (in Cantonese): A quorum is not present in the Chamber when the summoning bell stopped after ringing for 15 minutes. I now adjourn the meeting. Adjourned accordingly at 6.33 pm.


A1

Appendix I

WRITTEN ANSWER

Written answer by the Secretary for Education to Mr Martin LIAO's supplementary question to Question 6 As regards handling of vacant school premises (VSP) under the Education Bureau, as noted in the audit findings stated in the Audit Report, as at 30 April 2015, there were 234 VSP in the VSP database under the Education Bureau. Their status at that time is summarized as follows:

(i) 105 premises not being used (29 under the Education Bureau, 73 under the Lands Department (LandsD) and three under the Housing Department (HD));

(ii) 102 premises being used (77 under the Education Bureau, 17 under

the LandsD and eight under the HD, the Government Property Agency or the Home Affairs Department); and

(iii) 27 premises having been or going to be demolished for housing or

other developments. With regard to the implementation of the recommendations made by the Commission and the Public Accounts Committee, including the development of the aforementioned 105 premises not being used, the Education Bureau, the Development Bureau, the LandsD, the Planning Department (PlanD) and the HD have set out the progress as at 1 May 2016 in the "Government Minute in Response to the Report of the Public Accounts Committee No. 65 of February 2016" (the GM) published on 25 May 2016. The Education Bureau and the above-mentioned Bureau/departments are proactively taking follow-up actions, with a view to implementing the recommendations as far as practicable. The status of those 29 premises not being used under the Education Bureau as at 30 April 2015 as stated in the Audit Report has already been updated in the GM. The latest status of those 29 premises as at 1 May 2016 is as follows:

LEGISLATIVE COUNCIL ─ 29 June 2016 A2

WRITTEN ANSWER — Continued (i) four were confirmed to be not required to be allocated by the

Education Bureau for school or other educational use, and the PlanD and the LandsD have been notified in accordance with the central clearing house mechanism;

(ii) 14 have been reused or reallocated/planned for educational use; (iii) two are on private land and require further discussion between the

Education Bureau and relevant departments on the way forward; and (iv) nine are earmarked for educational use. We have already launched

a School Allocation Exercise (SAE) for one of them in February 2016 for the purpose of physical extension of an existing secondary school. The SAE is near completion.

As mentioned in the GM, when considering whether to earmark a VSP, the Education Bureau will take into account factors including the size, location, physical conditions, and so on, of the school premises, suitability of the school premises for educational use, demand for public sector school places in the district, reprovisioning needs of existing schools especially those in the same district, the need for decanting premises for schools undergoing in-situ development or extension works, and the need to provide diversity in the school system, and so on, with a view to meeting various educational needs in the territory and supporting relevant policy initiatives as well as to ensuring gainful use of precious land resources. The Education Bureau will take follow-up action in accordance with the above mechanism and, with the policy objective of putting VSP into gainful use in mind, strive to facilitate the re-use of VSP in an expeditious manner as far as practicable. In the half-yearly internal circulation, the Education Bureau will remind all sections to determine the need to allocate the VSP for school or other educational use in an expeditious manner, such that the Education Bureau could notify the PlanD and other relevant departments of those VSP confirmed to be not required to be allocated by the Education Bureau for school or other educational use in accordance with the central clearing house mechanism as early as possible for consideration of suitable long-term alternative uses.

OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 June 2016 …€¦ · legislative council ─ 29 june...

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