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LCQ16: Maternity protection for female employees

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     Following is a question by the Hon Ho Kai-ming and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (December 14):
      
Question:
 
     In connection with the maternity protection for female employees provided under the Employment Ordinance (Cap. 57), will the Government inform this Council:
      
(1) of the respective numbers, in each of the past five years, of (i) working and non-working pregnant women, (ii) pregnant women issued with attendance certificates or sick leave certificates upon attending antenatal check-ups by the public healthcare sector, and (iii) female employees suffering from miscarriage and preterm birth, and their respective percentages in the total number of pregnant employees; 
(2) of the respective numbers of complaints, received by the authorities in the past five years, from female employees about their being discriminated by employers within half year or one year since resumption of duty after maternity leave; 
(3) of the number of compensation claims made in the past five years by pregnant employees on grounds of unreasonable and unlawful dismissal; among such cases, the number and percentage of the successful claims; the number of employers who were prosecuted in the past five years for unlawful dismissal of pregnant employees; and 
(4) whether the authorities will consider formulating new measures to enhance the employment protection for employees during their pregnancy and upon expiry of their maternity leaves, including issuance of leave certificates for pregnancy-related medical examinations for pregnant women attending antenatal check-ups, extending the post-maternity leave employment protection period, and specifying in A Concise Guide to the Employment Ordinance (i) the definition of "preterm birth" and "miscarriage", and (ii) maternity leave and wage protection for female employees suffering from preterm birth and miscarriage; if they will, of the details; if not, the reasons for that?

Reply:
 
President,
 
     My reply to the various parts of the question raised by the Hon Ho Kai-ming is as follows:
 
(1)(i) The Department of Health (DH) does not maintain statistics of local pregnant women. However, in the past five years, the numbers of mothers of known live births in Hong Kong by working mothers and non-working mothers are listed below:
 
Number of mothers of known live births in Hong Kong
by working mothers and non-working mothers
  Year 2011 Year 2012 Year 2013 Year 2014 Year 2015
Working persons 57 546 53 024 30 095 33 400 30 293
Non-working persons 26 211 23 541 15 054 15 163 13 072
Unknown (Note 1) 10 233 13 791 10 994 12 763 15 608
Total 93 990 90 356 56 143 61 326 58 973

Note 1: As the data collection is on a voluntary basis, persons who did not provide response will be classified as "Unknown".
 
Source: Census and Statistics Department (C&SD)

(ii) Maternal and Child Health Centres (MCHCs) under DH provide a comprehensive antenatal shared-care programme in collaboration with the Obstetric Department (OBS) of public hospitals under the Hospital Authority (HA). Postnatal checkup is also provided by MCHCs and OBS.
 
     Doctors in MCHCs and HA will issue Certificate pertaining to Pregnancy and Expected Date of Confinement upon the pregnant client's requests. Certificate of Attendance or Sick Leave Certificate can be issued for medical examination in relation to pregnancy or post confinement medical treatment visit. Certificate of Attendance can also be issued for routine postnatal service visit. However, MCHCs and HA do not maintain the numbers of Certificate of Attendance and Sick Leave Certificate issued for pregnant and postnatal women.

(iii) DH does not maintain the numbers of pre-mature births and relevant information and DH is unable to compute the percentage of the number of abortus of working women to the total number of pregnant working women. On the other hand, the numbers of inpatient discharges and deaths (Note 2) due to spontaneous abortion (Note 3) and its ratio to the number of mothers of known live births over the last five years are listed below: 
 
Year Number of inpatient discharges and deaths due to spontaneous abortion (Note 4)
(a)
Number of mothers of known live births
 in Hong Kong
(b)
Ratio
(a) : (b)
2011 3 848 93 990 1 : 24.4
2012 3 969 90 356 1 : 22.8
2013 3 815 56 143 1 : 14.7
2014 3 996 61 326 1 : 15.3
2015 4 153 58 973 1 : 14.2

Note 2: On episode basis, including discharges and deaths in public hospitals, correctional institution hospitals and private hospitals.
 
Note 3: Spontaneous abortion is defined as the premature expulsion from the uterus of the products of conception - of the embryo, or of a non-viable fetus. Spontaneous abortion refers to abortion occurring naturally.
 
Note 4: In 2011 to 2015, the number of deaths due to spontaneous abortion for each year is zero.
 
Source:      
Number of inpatient discharges and deaths due to spontaneous abortion: HA and DH
Number of mothers of known live births in Hong Kong: C&SD 

(2) The Labour Department (LD) does not keep statistics on female employees' complaints about discrimination by their employers after resuming work from maternity leave. 

(3) The Labour Tribunal does not keep statistics on claims involving pregnant employees who allegedly were unreasonably and unlawfully dismissed. Between the period 2011 to 2015, LD launched prosecution against 18 employers who were suspected to have terminated the employment contracts of pregnant employees. Of these employers, 16 were convicted of the offence. 

(4) The existing provisions on maternity protection under Employment Ordinance (EO) have accorded comprehensive protection to pregnant employees and have struck a reasonable balance between the interests of employers and employees. For the relevant provisions under EO concerning pregnant employees attending antenatal check-up, public health institutions/doctors will issue the required medical certificates according to the circumstances and needs of their clients. In respect of the "Concise Guide to the Employment Ordinance" (Guide) published by LD, the Guide attempts to succinctly set out in writing the stipulations of major EO provisions for consumption by members of the public. Such stipulations comprise various benefits and rights including maternity protection. From time to time LD edits and updates the contents of relevant publicity publications having regard to the actual circumstances and needs of the community. For detailed provisions in EO, a member of the public may approach LD for making enquiries. 

LCQ6: The capitalist system and way of life in Hong Kong after 2047

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     Following is a question by the Hon Nathan Law and a reply by the Under Secretary for Constitutional and Mainland Affairs, Mr Ronald Chan, in the Legislative Council today (December 14):

Question:

     Paragraph 3 of the Sino-British Joint Declaration signed between the Chinese and British Governments in December 1984 sets out the Chinese Government's declaration on China's basic policies regarding the Hong Kong Special Administrative Region (SAR).  Such basic policies include the following: the SAR will be vested with independent judicial power and power of final adjudication, the Hong Kong dollar will continue to circulate, and the SAR Government may on its own issue travel documents for entry into and exit from Hong Kong, etc.  Paragraph 3(12) provides that the above-stated basic policies and the elaboration of them will be stipulated in a Basic Law by the National People's Congress of the People's Republic of China, and they will remain unchanged for 50 years.  On the other hand, Article 5 of the Basic Law provides that “[t]he socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years”, i.e. they will remain unchanged until 2047.  As there are divergent views in the community on the effect of the Basic Law after 2047, will the Government inform this Council:

(1) whether the Government has conducted internal discussions and related studies on maintaining the previous capitalist system and way of life in the SAR after 2047; if it has, of the details and conclusions; if not, whether it will conduct such studies; if it will, of the details; if not, the reasons for that;

(2) whether the Government has sought to understand the situation regarding the implementation, in the SAR after 2047, of the basic policies as set out under the Sino-British Joint Declaration; if it has sought to understand, whether such policies will continue to be implemented or will be changed at that time; if not, whether the Government will commence the discussions and studies within a given timeframe; if it will, of the details; if not, the reasons for that; as there are comments that prolonged uncertainty about the implementation situation of such polices in the SAR after 2047 may give rise to various kinds of problems, whether the Government will form a task force to deal with the relevant issues; if it will, of the timetable for the formation and the composition of the task force; if not, how the Government will co-ordinate and distribute such tasks; and

(3) given that a referendum was still held, despite the absence of a referendum law, in the United Kingdom (UK) in June this year on whether UK should exit the European Union, whether the Government will, by making reference to such a practice, conduct public consultation on Hong Kong's future after 2047 using an approach similar to a referendum, in order to ensure that public views are fully reflected in the relevant discussions; if it will, of the arrangements and timetable for the consultation; if not, the reasons for that?

Reply:

President,

     Our consolidated reply to the questions raised by the Hon Nathan Law is as follows:

     As clearly stated in the Preamble of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law), "[u]pholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of its history and realities, the People's Republic of China has decided that upon China's resumption of the exercise of sovereignty over Hong Kong, a Hong Kong Special Administrative Region will be established in accordance with the provisions of Article 31 of the Constitution of the People's Republic of China, and that under the principle of 'one country, two systems', the socialist system and policies will not be practised in Hong Kong".

     The Basic Law is the constitutional document of the Hong Kong Special Administrative Region (HKSAR).  In accordance with the Constitution of the People's Republic of China, the National People's Congress (NPC) enacts the Basic Law, prescribing the systems to be practised in the HKSAR.  The Basic Law was adopted at the Third Session of the Seventh NPC and has been put into effect since July 1, 1997.  According to the explanations by the Chairman of the Drafting Committee for the Basic Law, Mr Ji Pengfei, on the Basic Law (Draft) and its related documents at the Third Session of the Seventh NPC, China's basic policies regarding Hong Kong have been incorporated into, and stipulated within, the Basic Law.

     Since its return to the Motherland, Hong Kong has been implementing "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy in accordance with the Basic Law.  The basic policies of the Country regarding Hong Kong have been fully implemented as per the provisions of the Basic Law.  In fact, the Central Government, the HKSAR Government and the international community all unanimously agreed that the Basic Law has been functioning well since it was implemented.

     As regards the continuation of the Basic Law after 2047, I must point out that the HKSAR is an inalienable part of the Country.  This is a fact that has no time frame.  The Country's sovereignty over Hong Kong will not change 50 years after Hong Kong's return to the Motherland, nor will the Country change its basic policies towards Hong Kong after 50 years.  Hence, there is no question of the expiry of the Basic Law after 2047.  As for the stipulation in Article 5 of the Basic Law that "(t)he socialist system and policies shall not be practised in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years", its main purpose is to state clearly that the previous capitalist system and way of life in Hong Kong shall remain unchanged, rather than setting a time frame on it.

     In his speech delivered at the welcome banquet attended by various sectors of the Hong Kong on May 18 this year, the Chairman of the NPC Standing Committee, Mr Zhang Dejiang, spoke on the issue of the implementation of "one country, two systems".   I would like to quote from Chairman Zhang's speech as follows: "First of all, we must firmly keep faith in 'one country, two systems'.  There are three fundamental reasons for doing so.  Firstly, 'one country, two systems' is a basic policy of the Country.  It is a strategic choice, not a contingency measure, and therefore will not change.  Secondly, 'one country, two systems' was formulated based on solid public opinion.  It is the largest common denominator of the Motherland and Hong Kong, and therefore should not change.  Thirdly, since Hong Kong's return to the Motherland, the implementation of 'one country, two systems' has been proven to be practicable and workable.  It is a good system that has passed real tests, and therefore need not be changed.  In the past years, by adhering to the principle of 'one country, two systems', we have realised Hong Kong's smooth return to the Motherland, maintained the prosperity and stability of Hong Kong and promoted joint development of the Mainland and Hong Kong.  In the years to come, it is still necessary for us to firmly maintain 'one country, two systems' and continue to give full play to the unique role of Hong Kong.  The opinion that the Central Government will 'mainlandise' Hong Kong, or even turn 'one country, two systems' into 'one country, one system', is completely groundless.  People in Hong Kong would like to see the continuation of 'one country, two systems'.  Implementation of 'one country, two systems' will best serve the interests of both the Country and Hong Kong.  The Hong Kong community can completely rest assured that the Central Government remain firmly committed to upholding this principle".

     As seen from Chairman Zhang's remarks, the Central Government is of the view that the implementation of "one country, two systems" would not, should not and need not be changed.  In fact, under the staunch support of the Country, Hong Kong has been enjoying the dual advantages of "one country" and "two systems".  We have not only opened up the vast Mainland market as our economic hinterland, but also consolidated and enhanced our important role in the international platform.  For example, a chapter was dedicated to Hong Kong and Macao in the National 12th and 13th Five-Year Plans, acknowledging the significant functions and positioning of Hong Kong in the overall development of the Country, and consolidating and enhancing Hong Kong's status as international financial, transportation and trade centres.  Under the strategic "Belt and Road" initiative, support is given by the Country for Hong Kong to leverage on its strengths as an international financial centre, a global offshore Renminbi business hub and an international asset management centre to serve as an important financing platform and overseas asset management centre for Mainland enterprises to "go global", thus empowering Hong Kong as the most open international city of China.  Moreover, the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA), Shanghai-Hong Kong Stock Connect, Shenzhen-Hong Kong Stock Connect, as well as the various major cross-boundary infrastructural projects also show the staunch support of the Country to Hong Kong in running a capitalist system.  It is therefore unnecessary for the community to speculate about the continued implementation of "one country, two systems" after 2047.

     Regarding the matter of "referendum" mentioned in the question, we need to have a clear understanding that the HKSAR is a local administrative region of the People's Republic of China.  As stipulated in Article 31 of the Constitution of the People's Republic of China, "[t]he State may establish special administrative regions when necessary.  The systems to be instituted in special administrative regions shall be prescribed by law enacted by the NPC in the light of specific conditions".  Article 62 of the Constitution of the People's Republic of China also stipulated the functions and powers exercised by the NPC, including Section 13 "[t]o decide on the establishment of special administrative regions and the systems to be instituted there".  As there is no provision for a system of referendum in the Basic Law, at the constitutional level, the HKSAR will not and cannot hold any form of referendum.  However, as Chairman Zhang already said, and I quote, "[o]n the basis of respect for 'one country, two systems' and the Basic Law, and for the good of Hong Kong, we are willing to listen extensively to the views and suggestions of all sectors in Hong Kong and conduct all forms of exchange".  The HKSAR government will also listen to the views of the community.  As long as we continue to respect and abide by the provisions of the Basic Law and have faith in the implementation of "one country, two systems", we believe that Hong Kong will certainly be able to maintain prosperity and stability, and "one country, two systems" is the best arrangement for Hong Kong.

LCQ3: Measures to promote environmental-friendly vehicles

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     Following is a question by the Hon Frankie Yick and a reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (December 14):

     It has been reported that certain countries plan to prohibit the sale of fuel-engined vehicles progressively from 2025 onwards; Germany plans to implement in 2030 a requirement that newly-registered vehicles must meet the zero emission standard; and a Japanese vehicle manufacturer plans to cease from 2050 onwards the production of vehicles which run entirely on fuel. It is thus evident that fuel-engined vehicles are being progressively replaced by more environment-friendly vehicles such as hybrid electric vehicles and electric vehicles. In this connection, will the Government inform this Council:

(1) of the respective numbers and percentages of hybrid electric vehicles and electric vehicles among the currently registered vehicles;

(2)  whether the Government assessed in the past three years the effectiveness of the various measures adopted to encourage vehicle buyers to choose environment-friendly vehicles; whether it will introduce new measures to make more vehicle owners switching to use environment-friendly vehicles, and whether it will enact legislation or formulate codes to stipulate a requirement that charging facilities for vehicles must be provided at all parking spaces in newly-constructed buildings; if it will, of the details; if not, the reasons for that; and

(3)  given that, projected on the basis that each of the 800 000-odd vehicles currently registered across the territory has at least one battery and car batteries generally have a life expectancy of three years, more than 200 000 waste car batteries have to be recycled and processed each year, but only 50 000-odd waste car batteries are currently recycled and processed by competent recyclers each year, and there are comments that the batteries of electric vehicles are much heavier than those of fuel-engined vehicles, the number and weight of waste car batteries to be recycled and processed each year may increase substantially with the growing popularity of electric vehicles, of the Government's measures for proper recycling and disposal of waste car batteries, so as to prevent chemical waste inside the batteries from causing environmental pollution?

Reply:

President,

(1)  As at October 31, 2016, there were 6 860 registered electric vehicles (EVs) in Hong Kong, most of which were private vehicles. The percentages of EVs among the currently registered vehicles and registered private vehicles were both around one per cent.

     The Transport Department does not compile statistics for registered hybrid vehicles. Based on the types of fuel used by these vehicles, their figures are incorporated into those for registered petrol or diesel vehicles.

(2)  To improve roadside air quality, the Government has been making efforts to encourage vehicle buyers to choose greener vehicles. Measures taken include:

(i) First registration tax concession schemes were introduced for environment-friendly petrol private cars (EFPPCs) and environment-friendly commercial vehicles (EFCVs) in April 2007 and April 2008 respectively. For EFPPCs, as their emission control technology has gradually advanced to such a mature stage that their emission performance is more or less the same as that of common petrol private cars, their first registration tax concession scheme was ended on April 1, 2015, while the one for EFCVs is still in operation.

     The above measures have been effective in encouraging the purchase of green vehicles. From 2013 to the end of 2015, 25 914 EFCVs and 23 525 EFPPCs were approved under the Tax Incentives Scheme for Environment-friendly Commercial Vehicles and the Tax Incentives Scheme for Environment-friendly Petrol Private Cars respectively. The percentages of EFCVs among newly registered commercial vehicles in the respective years ranged from 46 per cent to 59 per cent while the corresponding percentages for EFPPCs ranged from 17 per cent to 28 per cent. Details are set out in Annex 1;

(ii) Enterprises having procured green vehicles (including EVs, hybrid vehicles, EFCVs and EFPPCs) are allowed to have 100 per cent profits tax deduction for the capital expenditure on green vehicles in the first year of procurement from June 2010 onwards;

(iii) First registration tax for EVs have been waived since April 1994. The existing waiver arrangement will be valid until March 31, 2017;

(iv) More EV chargers have been set up in collaboration with the private sector. As at September 2016, there were over 1 466 public chargers of various types in Hong Kong covering all 18 districts, including 957 standard chargers, 323 medium chargers and 186 quick chargers. The Government will continue to closely monitor the development of EVs and ensure the timely expansion and enhancement of public charging facilities to meet the need of EV drivers for charging their vehicles during their journey;

(v) The Environmental Protection Department (EPD) has established a dedicated team and a hotline (Tel: 3757 6222) to provide relevant information and technical support for those who intend to install charging facilities. It has also issued guidelines on the arrangements and technical requirements for setting up EV charging facilities; and

(vi) Starting from April 2011, the Government has been encouraging developers to put in place basic infrastructure for EV charging facilities (including adequate power supply, electrical wiring and cable ducts) in car parks of new buildings, with a view to facilitating installation of EV chargers in future having regard to the needs of carpark users. Such policy is implemented through granting concessions on Gross Floor Areas for car parks in new buildings. The Buildings Department implements the above measure through the issue of practice notes for building professionals and may revise the practice notes where necessary to implement new measures. From April 2011 to December 2015, nearly 80 per cent of car parking spaces under newly approved development plans have been equipped with the infrastructure for EV charging facilities.
 
     Over the past three years, the number of EVs increased from 592 at the end of 2013 to 4 198 at the end of 2015. Relevant figures are set out at Annex 2.

(3) There are currently two licensed facilities for disposal of waste lead-acid batteries from conventional fuel-engined vehicles. The one in Yuen Long Industrial Estate exports waste lead-acid batteries, after preliminary treatment, to overseas (e.g. Korea) recycling facilities to extract lead for recycling. On the other hand, waste lead-acid batteries are disposed of at the West New Territories Landfill in Nim Wan, Tuen Mun by way of landfill, according to strict requirements imposed by the EPD for the specific disposal of these batteries at designated areas in the Landfill. All landfills in Hong Kong adopt a closed design and have layers of containment liners to ensure no pollution to the surrounding environment.

     Lithium batteries are mainly used in EVs. Currently, three licensed facilities in Hong Kong are allowed to treat this type of waste battery, including the one mentioned above in Yuen Long Industrial Estate and the other two in Sheung Shui and Fanling. The three facilities will safely pack the collected lithium batteries after preliminary treatment and put them into containers before exporting them to overseas recycling facilities for further treatment, including the ones in Korea and Japan. According to our understanding, EV suppliers are willing to assist their customers in recovering waste EV batteries for proper treatment. The EPD will also continue to closely monitor how they handle waste EV batteries so as to ensure that such batteries can be disposed of properly without affecting the environment.

      In addition, unlike batteries for conventional vehicles, the ones for EVs will still have about 70 per cent to 80 per cent residual energy storage capacity after their retirement and thus can be used for other energy storage purposes. Therefore, in late August this year, we organised the International Competition on Second Life for Retired Batteries from EVs to invite creative and practicable proposals on the reuse of retired EV batteries.

     Waste batteries resulted from the repairs and maintenance of vehicles, be they waste lead-acid batteries from conventional fuel-engined vehicles or waste lithium batteries from EVs, are chemical waste and regulated under the Waste Disposal Ordinance and the subsidiary regulation. Vehicle maintenance service providers handling waste car batteries must register with the EPD, while waste battery collectors and disposal facilities must obtain licenses from the EPD according to the law. Any party involved in the illegal disposal of waste car batteries is subject to prosecution.

LCQ17: Municipal solid waste

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     Following is a question by the Hon Chan Hak-kan and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (December 14):
 
Question:
 
     The Government released in 2013 the Hong Kong Blueprint for Sustainable Use of Resources 2013-2022 (the Blueprint) which sets out the reduction target for municipal solid waste (MSW) disposal rate on a per capita basis: by 2017, the disposal rate would be reduced by 20 per cent from 1.27 kg per day to 1 kg or below. On the other hand, according to the information contained in Monitoring of Solid Waste in Hong Kong - Waste Statistics for 2014, MSW disposal rate on a per capita basis rose from 1.27 kg in 2011 to 1.35 kg in 2014. Moreover, the quantity of MSW disposed of at landfills rose by an average annual rate of 1.9 per cent during the period from 2010 to 2015, with the weight of food waste accounting for as high as 37.2 per cent of the weight of MSW disposed of at landfills in 2014. Some members of the public have pointed out that the target set by the Blueprint cannot be achieved. In this connection, will the Government inform this Council:
 
(1) of the respective overall MSW disposal rates in the entire year of 2015 and the first half of 2016;
 
(2) of the respective quantities of each type of MSW recovered and disposed of at landfills, and their percentages in the total quantity of that type of waste, in each of the past five years;
 
(3) whether it has analysed the causes for the rise in the quantity of MSW disposed of at landfills in the past five years; if it has, of the outcome;
 
(4) of the weight of food waste, and its percentage, in MSW disposed of at landfills in each of the past five years (with a breakdown by source of food waste, including households, food premises and supermarkets); whether it has formulated targeted measures to reduce food waste at source; if it has, of the details;
 
(5) of the respective handling capacities of various waste recovery facilities and the actual quantities of waste handled by them at present;
 
(6) of the ratio of the quantity of imported recyclable materials to that of re-exported recyclable materials in each of the past five years; and
 
(7) given that quite a number of countries have implemented landfill taxes and bans in order to gradually reduce dependency on landfills, whether the Government will make reference to the relevant practice and formulate similar policies; if it will, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     The Hong Kong Blueprint for Sustainable Use of Resources 2013-2022 (the Blueprint) issued by the Environment Bureau in May 2013 sets out a comprehensive strategy to reduce waste and increase recovery and recycling in Hong Kong. It also sets a target of 40 per cent reduction in per capita municipal solid waste (MSW) disposal rate by 2022. The Monitoring of Solid Waste in Hong Kong Report mentioned in the questions raised by the Hon Chan Hak-kan covers total solid waste, including MSW, special waste and overall construction waste. Since the relevant waste reduction target is only applicable to MSW (i.e. domestic waste and commercial and industrial (C&I) waste), and the questions raised by the Hon Chan Hak-kan are about such wastes, thus our answer and relevant statistics are focused on MSW.
 
     Our replies to the questions raised by the Hon Chan Hak-kan are as follows:
 
(1) The Monitoring of Solid Waste in Hong Kong Report for 2015 is currently under compilation by the Environmental Protection Department (EPD). The Report is expected to be completed and published by the end of 2016. The compilation of relevant figures for 2016 is expected to be completed in the latter half of 2017.
 
(2) Annual statistics on disposal and recovery of various MSW and its recovery rate over the past five years are at Annex 1.
 
(3) There was a rising trend in MSW disposal over the past five years, mainly because of an increase in C&I waste disposal (of 13 per cent from 2010 to 2014). Economic growth will usually stimulate consumption and hence production activities, which in turn might contribute to generating more C&I waste, including those generated in shops, eateries, hotels, offices and markets in private housing estates where commercial activities are conducted. The growth in C&I waste largely correlated with the growth in real Gross Domestic Product, as well as the higher growth of local and foreign consumer demand (e.g. visitors).
 
(4) Over the past five years, the quantity of food waste (including domestic food waste and C&I food waste) disposed of at landfills and its percent share in respective waste category are at Annex 2. To tackle the food waste problem in Hong Kong, the Government unveiled A Food Waste and Yard Waste Plan for Hong Kong 2014-2022 (Food Waste Plan) in 2014 which maps out the overall strategies for handling food waste, including reduction at source, reuse and donation, recyclable collection, and turning food waste into energy. Among them, reduction at source and reuse and donation are the main targeted measures for reduction of food waste at source.
 
     Launched in May 2013, Food Wise Hong Kong is a territory-wide campaign for food waste reduction, which aims to raise public awareness of food waste problem. Since the start of Food Wise Hong Kong, we have been promoting food waste avoidance and appealing to the community to adopt personal and domestic behavioural change to reduce food waste through various publicity and educational programmes. In addition, we have also been drawing up and promoting good practices on food waste reduction for C&I establishments, and facilitating surplus food donation between the establishments and charitable organisations in the community.
 
     As reported at the meeting of the Legislative Council Panel on Environmental Affairs on October 24, 2016, although food waste still accounted for the largest share of MSW in terms of waste disposal in landfills, the percent share of food waste disposal in landfills has fallen from 37 per cent in 2014 to 33 per cent in 2015. In 2015, the quantity of food waste disposed of at landfills was 1.23 million tonnes (3 382 tonnes per day), which has decreased by 7.1 per cent as compared with the same in 2014. Discounting the factor of population growth, the municipal food waste per-capita disposal rate has fallen from 0.50 kg per day in 2014 to 0.46 kg per day in 2015, which has decreased by 7.9 per cent year-on-year.  This is likely because of the public's gradual acceptance of Government's yearlong education programmes and publicity campaigns, which advocate domestic waste reduction at source, source separation and recycling. The EPD will continue to closely monitor the effectiveness of these measures to reduce domestic waste disposal.
 
(5) At present, locally generated recyclable materials are mainly handled by private recycling facilities, but we do not have relevant details of the design and actual capacities of these facilities.  Moreover, a certain portion of these recyclables are handled by recycling facilities constructed and operated by the private recyclers in EcoPark. In 2015, these facilities processed a total of over 160 000 tonnes of recyclables, exceeding the original projected annual throughput set at 58 600 tonnes in 2006 when the Government applied for funding support from the Legislative Council.  In addition, in order to accumulate experiences and acquire information related to source separation, collection and the application of biological treatment of food waste, the EPD commissioned the Pilot Composting Plant at the Kowloon Bay Waste Recycling Centre. It has processed 268 tonnes of food waste in 2015.
 
(6) Latest statistics on import and re-export of recyclables over the past five years are at Annex 3. In recent year, the respective quantities of imports and re-exports of recyclables have been broadly balanced, indicating that most of the imported recyclables have been re-exported. As regards the small quantities of imports in excess of re-exports, the local recycling industry should be capable of consuming them for the production of raw materials or recycled products for either local consumption or export (as domestic export).
 
(7) We are now on track to implement the strategies and measures under the Blueprint. We will continue the progressive implementation of mandatory producer responsibilities schemes and submit legislative proposals to the Legislative Council on the implementation of quantity-based MSW charging. We expect these measures can help promote waste reduction and recycling effectively. We will continue to closely monitor the effectiveness of these measures and consider the unique circumstances and conditions of Hong Kong to review the need of introducing additional measures or tools.

LCQ5: Financial burden on students pursuing self-financing post-secondary education programmes

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     Following is a question by the Hon Lau Kwok-fan and a reply by the Secretary for Education, Mr Eddie Ng Hak-kim, in the Legislative Council today (December 14):

Question:

     The places of undergraduate programmes funded by the University Grants Committee (funded programmes) have been in short supply for a number of years. Quite a number of secondary school leavers, who have met minimum requirements for university admission but have not been admitted to funded programmes, can only pursue local self-financing post-secondary programmes (self-financing programmes), which charge exorbitant tuition fees, or study abroad. Some students pursuing self-financing programmes who come from poor families have relayed to me that institutions operating self-financing programmes have to pass on various related expenses to students as they operate such programmes on a self-financing basis. As a result, those institutions raise their tuition fees each and every year, which have posed a heavy financial burden on students. Such students have also pointed out that the quality of self-financing programmes lacks assurance. Although the Committee on Self-financing Post-secondary Education promulgated the Code of Good Practices on Governance and Quality Assurance for Self-financing Post-secondary Education Sector in June last year for the purpose of enhancing the quality, transparency and sustainable development of the self-financing post-secondary education sector, the adoption of the Code by institutions is on a voluntary basis only. In this connection, will the Government inform this Council:

(1) of the number of secondary school leavers in the 2015/16 school year who met the minimum requirements for university admission and, among them, the number of students who were admitted to funded programmes; the average yearly amount of subsidy received per person by those students currently receiving subsidies under the Tertiary Student Finance Scheme - Publicly-funded Programmes;

(2) of the number of secondary school leavers in the 2015/16 school year who met minimum requirements for university admission and were admitted to self-financing programmes; the average yearly amount of subsidy received per person by those students currently receiving subsidies under the Financial Assistance Scheme for Post-secondary Students; and

(3) whether it will consider increasing subsidies for self-financing programmes, so as to alleviate the financial burden on students; if it will, of the details; if not, the reasons for that; of the mechanism currently put in place to monitor the quality and tuition fee levels of self-financing programmes to guard against overcharging of tuition fees by the institutions concerned?

Reply:

President,

     It is the Government's policy to support the parallel development of the publicly-funded and self-financing post-secondary education sectors. The Government strives to provide young people in Hong Kong with quality and diversified study pathways with multiple entry and exit points. Through the development of the publicly-funded and self-financing sectors, about 46 per cent of our young people in the relevant cohort have access to degree-level education in the 2015/16 academic year. Including sub-degree places, about 70 per cent of our young people now have access to post-secondary education. As it is the Government's student finance policy to ensure that no student will be deprived of education because of a lack of means, various student financial assistance schemes have been put in place.
 
     The Government understands that the community expects post-secondary institutions to provide a quality nurture to our younger generation. Therefore, our policy oversight of the institutions focuses on enhancing transparency, quality assurance and good governance, and with due regard to the principles of reasonableness and proportionality.

     My reply to each part of the Hon Lau Kwok-fan's questions is as follows:

(1) In the 2015/16 academic year, 25 782 students met the minimum general entrance requirements in the Hong Kong Diploma of Secondary Education Examination (HKDSEE) for admission to first-year-first-degree (FYFD) programmes. Among them, 12 329 enrolled in University Grants Committee (UGC)-funded FYFD programmes via the Joint University Programmes Admissions System (JUPAS). Separately, 2 519 local students were admitted to the UGC-funded FYFD programmes via non-JUPAS route, mostly based on their local sub-degree qualifications or other qualifications.

     Under the Tertiary Student Finance Scheme - Publicly-funded Programmes (TSFS), students pursuing publicly-funded degree programmes may apply for means-tested grants to meet their tuition fees and academic expenses, as well as low-interest loans to cover their living expenses. In the 2015/16 academic year, a successful applicant pursuing a degree programme received a non-repayable grant of about $40,500 on average under the TSFS.

(2) In the 2015/16 academic year, among the 25 782 HKDSEE candidates who met the minimum general entrance requirements for admission to FYFD programmes, about 5 500 enrolled in full-time locally-accredited self-financing FYFD programmes.
 
     Students pursuing self-financing locally-accredited full-time degree programmes may apply for means-tested grants to meet their tuition fees and academic expenses as well as low-interest loans to cover their living expenses under the Financial Assistance Scheme for Post-secondary Students (FASP). In the 2015/16 academic year, a successful applicant pursuing a degree programme received a non-repayable grant of about $55,300 on average under the FASP.

(3) The maximum amount of grants to be provided under the FASP is adjusted annually in accordance with the Consumer Price Index (A). Statistics over the past few years showed that the annual increase in tuition fees for self-financing post-secondary programmes was either in line with or below inflation in most of the cases. Apart from applying for assistance under the FASP, students who pursue full-time locally accredited self-financing degree programmes and have passed the means test can also apply for the subsidy under the Student Travel Subsidy Scheme to meet their expenses incurred on home-school travels. In recent years, the Government has also introduced pilot schemes through the Community Care Fund to enhance the support for post-secondary students with financial needs, including the hostel subsidy, an additional academic expenses grant for eligible students under the FASP, and an additional academic expenses grant for post-secondary students with special educational needs.

     In addition, with the introduction of the Study Subsidy Scheme for Designated Professions/ Sectors (SSSDP) in 2014, the Government subsidises three cohorts of students, about 1 000 per cohort, admitted from the 2015/16 to 2017/18 academic years to pursue designated full-time locally-accredited self-financing undergraduate programmes in selected disciplines, with a view to nurturing talent in support of specific industries with keen demand for human resources. SSSDP is administered in a two-tier arrangement in which a unit subsidy of up to $40,000 per academic year will be provided to programmes that are not laboratory-based while a higher subsidy of up to $70,000 will be provided to more costly programmes that are laboratory-based. Eligible students can still apply for financial assistance under the FASP in respect of the actual amount of tuition fees payable after deducting the subsidy. Any annual increase in tuition fees of SSSDP-subsidised programmes beyond inflation is normally not allowed save for exceptional cases where full justifications must be provided to Education Bureau (EDB) for approval. When vetting such cases, the EDB will give due consideration to various factors including whether the increase would be used to enhance the teaching and learning quality of the programme concerned, whether the use of tuition fees is proper, and whether the revised fees level, after deducting the subsidy, would still be affordable to students. The Government is reviewing the effectiveness of SSSDP with a view to determining its way forward beyond the 2018/19 academic year.
 
     The Government attaches great importance to the quality assurance of post-secondary programmes. The Hong Kong Council for Accreditation of Academic and Vocational Qualifications (HKCAAVQ) is a statutory body responsible for the quality assurance of self-financing post-secondary programmes except those offered by institutions with self-accrediting status. In a nutshell, all relevant local self-financing post-secondary programmes must have undergone stringent academic accreditation by the HKCAAVQ before they can be included in the Information Portal for Accredited Post-secondary Programmes and entered into the Qualifications Register. Besides, the Quality Assurance Council under the UGC will commence the first round of external quality assurance audits on the sub-degree operations (including sub-degree programmes offered on a self-financing basis) of the UGC-funded universities by the end of this year.

     Thank you, President.

LCQ12: Naming of geographical places

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     Following is a question by the Hon Alvin Yeung and a written reply by the Secretary for Development, Mr Paul Chan, in the Legislative Council today (December 14):
 
Question:
 
     At present, the naming of geographical places is not subject to any statutory regulation.  Under the current arrangements, the Geographical Place Names Board (the Board) established under the Survey and Mapping Office of the Lands Department (LandsD) is responsible for the establishment, implementation and review of the procedures for the formulation, verification and adoption of geographical place names.  It is learnt that the Board comprises representatives from relevant government departments, including the Agriculture, Fisheries and Conservation Department, the Home Affairs Department, the Information Services Department, the LandsD.  In this connection, will the Government inform this Council:

(1) of the respective numbers of representatives on the Board from various government departments;

(2) of the current general procedures for naming geographical places and amending existing names; whether such procedures have stipulated that (i) public consultation meetings must be held and (ii) a minimum number of such meetings must be held; if so, of the details; if not, the reasons for that;

(3) of the criteria adopted by the Board, when conducting consultations with representatives of residents and local organisations, for determining whether or not the views collected should be adopted;

(4) whether the Board accepts views given orally by representatives of residents; if the Board does not, of the reasons for that; and

(5) of the channels through which the public may raise objections to and make recommendations on the geographical place names adopted by the Board; whether the Board will restart the consultation procedures upon receipt of such views and recommendations; if the Board will not, of the reasons for that?

Reply:
 
President,
 
     My reply to the various parts of the Hon Alvin Yeung's question is as follows:
 
(1) The membership of the Geographical Place Names Board (GPNB) comprises representatives of the relevant departments.  Apart from the posts of Chairman, Deputy Chairman and Secretary being taken up by representatives of the Lands Department (LandsD), other members include one representative each of the Agriculture, Fisheries and Conservation Department, the Home Affairs Department, the Hongkong Post, the Information Services Department, the LandsD and the Marine Department, two representatives of the Rating and Valuation Department, and one representative of the Official Languages Division of the Civil Service Bureau.
 
(2) After receiving proposals for naming geographical places and amending existing geographical names, the GPNB will preliminarily assess the proposals and seek advice from the government departments concerned.  Representatives of local residents and local organisations will be consulted via the District Offices of the Home Affairs Department on these proposals before submission to the GPNB for consideration.  Upon the GPNB's endorsement, the proposals will be submitted to the relevant District Councils (DCs) for consideration.  After these DCs have endorsed the concerned proposals, notices of the proposed geographical place names will be advertised in local English and Chinese newspapers and posted at the locations concerned, the relevant District Offices, and the relevant District Lands Offices, District Survey Offices as well as the Map Publications Centre (Hong Kong) of the Survey and Mapping Office under the LandsD for public consultation.  If members of the public hold different views on the proposals, their views will be submitted to the GPNB for further assessment and decision.  If no objection from the public is received, the GPNB will adopt the proposed geographical place names.
 
     As mentioned above, the existing procedure includes various forms of public consultation.
 
(3) The criteria generally considered by the GPNB include:
 
(i) There should be a practical need in introducing new names in written documents or in verbal communication;
 
(ii) The names chosen should generally be neutral and not related to individual persons, institutions or goods;
 
(iii) Complicated or rarely-used Chinese characters should be avoided in geographical place names; and
 
(iv) Requests for name changes will only be considered with sufficient justifications, such as when existing geographical place names are vulgar and may cause embarrassment in verbal communication or in writing.
 
(4) The GPNB will examine all the views received, including verbal ones of residents' representatives. Whether written or verbal, the views will facilitate the GPNB's further consideration as long as they are clear and specific.
 
(5) If members of the public hold different views on geographical place names which have already been adopted by the GPNB, they may submit new proposals to the GPNB for consideration. The GPNB will address and consider the views received in accordance with the aforementioned procedure for naming geographical places.

Six building plans approved in October

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     The Buildings Department approved six building plans in October, with two in Kowloon and four in the New Territories.

     Of the approved plans, three were for apartment and apartment/commercial developments, two were for factory and industrial developments and one was for community services developments.

     In the same month, consent was given for work to start on 10 building projects that, when completed, will provide 112 214 square metres of gross floor area for domestic use, involving 2 270 units, and 157 635 sq m of gross floor area for non-domestic use. The department has received notification of commencement of work for seven building projects.

     The department also issued 14 occupation permits, with two on Hong Kong Island, eight in Kowloon and four in the New Territories.

     Of the buildings certified for occupation, the gross floor area for domestic use was 35 607 sq m, involving 674 units, and 92 417 sq m was for non-domestic use.

     The declared cost of new buildings completed in October totalled about $3.5 billion.

     In addition, 11 demolition consents involving 11 building structures were issued.

     The department received 3 193 reports about unauthorised building works in October and issued 1 129 removal orders on unauthorised works.

     The full version of the Monthly Digest for October can be viewed by the public on the Buildings Department's homepage (www.bd.gov.hk).

Poster design and video competitions in celebration of HKSAR's 20th anniversary open for enrolment

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     Hong Kong students and other residents are invited to take part in poster design and video competitions in celebration of the 20th anniversary of the establishment of the Hong Kong Special Administrative Region (HKSAR) to explore their creativity and express their aspirations towards the future of Hong Kong.
      
     To celebrate the 20th anniversary of the establishment of the HKSAR, the poster design competition welcomes primary school pupils to run free with their imagination under the theme "When I'm 20 ..." to show what they expect their life would be like when they are 20.
      
     The video competition, with a theme of "Togetherness", consists of two categories - one for secondary school students and the other for members of the public of all age groups. Participants can make use of their videos to demonstrate their wishes for bringing Hong Kong people together and becoming stronger. Participants of both categories may apply individually or in groups of not more than four members.
      
     A spokesman for the Information Services Department said that, through celebrating the important occasion of the 20th anniversary, the public could strengthen their sense of belonging to Hong Kong and look ahead to the future.
      
     The competitions are organised by the Information Services Department and supported by the Education Bureau, with Ming Pao and South China Morning Post as co-organisers. Interested members of the public can download the enrolment form from the competitions' website (www.hksar20contests.com) starting from today (December 14). Entries for the video competition can be submitted online. The submission deadline of the two competitions is February 24, 2017.
      
     Each category of the poster design competition (primary school category) and the video competition (secondary school and open categories) will have one Champion, a First Runner-up, a Second Runner-up and 10 Merit Awards.
      
     Scholarships or cash prizes ranging from $500 to $5,000 and trophies will be awarded to the winners. Winning entries may be displayed at roving exhibitions and other venues.
      
     To encourage more students to enrol, there will be three winners of Most Enthusiastic School awards each in the primary and secondary school categories.
      
     Please visit the competitions' website for more details. For enquiries, please call 2595 3029 (Ming Pao) or 2680 8822 (South China Morning Post).   

LC: Speech by SJ in moving second reading of Arbitration (Amendment) Bill 2016

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     Following is the translation of the speech made by the Secretary for Justice, Mr Rimsky Yuen, SC, in moving the second reading of the Arbitration (Amendment) Bill 2016 at the Legislative Council meeting today (December 14):

Mr President,

     I move that the Arbitration (Amendment) Bill 2016 (the Bill) be read the second time. The main objective of the Bill is to amend the Arbitration Ordinance (Cap 609) so as to clarify that disputes over intellectual property rights (IPRs) may be resolved by arbitration and that it is not contrary to the public policy of Hong Kong to enforce arbitral awards involving IPRs.
  
Arbitrability of IPR disputes

     It has been the consistent policy of the Government to enhance Hong Kong's status as a leading centre for international legal and dispute resolution services and a premier hub for intellectual property (IP) trading in the Asia Pacific region. Both the Department of Justice and the Working Group on IP Trading have identified IP arbitration as one of the areas in which Hong Kong should develop and promote.  
      
     Arbitrability of the subject matter of a dispute is an important issue which ought to be clear before the commencement of arbitration. However, the Arbitration Ordinance presently does not have any specific provision dealing with the question of arbitrability of disputes over IPRs (IPR disputes). There is no authoritative judgment in Hong Kong concerning the arbitrability of IPR disputes either. Hence, the law as it now stands is not entirely clear in this respect. In fact, different jurisdictions have adopted different approaches on this issue. 
      
     In view of this, the Department of Justice set up a Working Group on Arbitrability of IPRs last year to, among others, consider and advise the Government on whether there is any need to introduce legislative amendments to address the issue of arbitrability of IPR disputes and, if so, the extent to which it is necessary to do so. The Working Group comprised representatives from the Department of Justice, Intellectual Property Department, Hong Kong International Arbitration Centre and legal practitioners with expertise in the area. Following the work of the Working Group and consultation with relevant stakeholders, the Government believes that specific statutory provisions on the issue of arbitrability of IPR disputes would serve to clarify the legal position and would facilitate more parties to resolve their IPR disputes through arbitration in Hong Kong. This would help promote Hong Kong as a leading international arbitration centre and give Hong Kong an edge over other jurisdictions in the Asia Pacific region as a venue for resolving IPR disputes.
 
Main Amendments under the Bill

     Currently, Part 10 of the Arbitration Ordinance provides, among other things, that enforcement of an arbitral award may be refused if (i) the award is in respect of a matter which is not capable of resolution by arbitration under the law of Hong Kong (arbitrability ground), or (ii) it would be contrary to public policy to enforce the award (public policy ground). Similarly, the courts may set aside an arbitral award under Part 9 of the Ordinance on either of these two grounds. There is some concern as to whether an arbitral award involving IPRs (particularly arbitral awards concerning the validity of registered IPRs) would be set aside or its enforcement refused in Hong Kong on either the arbitrability ground or the public policy ground. 
      
     To put the matter beyond doubt, the Bill proposes to clarify that IPR disputes, whether they arise as the main issue or an incidental issue, are capable of resolution by arbitration. The Bill also proposes to clarify that an arbitral award relating to an IPR dispute, and the enforcement of such an award, is not contrary to the public policy of Hong Kong. The effect is that the courts will not set aside an arbitral award or refuse to enforce it under Part 9 or 10 of the Arbitration Ordinance on ground of arbitrability or public policy solely because the award involves IPRs.      
      
     To facilitate the arbitration of international IPR disputes in Hong Kong, "IPRs" and "IPR disputes" under the Bill have a broad coverage and include an IPR whether or not it is protectible by registration and whether or not it is registered, or subsists, in Hong Kong.
      
     The Bill also introduces other related technical amendments.
      
     The Government believes that the proposed amendments to the Arbitration Ordinance would help (i) clarify any ambiguity in relation to the "arbitrability of IPR disputes"; (ii) make Hong Kong more appealing than other jurisdictions for conducting arbitration involving IPR disputes; and (iii) demonstrate to the international community that Hong Kong is committed to developing itself as an international centre for dispute resolution involving IPR matters as well as an IP trading hub in the region.
 
Amendments to the Arbitration (Parties to New York Convention) Order

     In addition, we take this opportunity to amend the Schedule to the Arbitration (Parties to New York Convention) Order (Cap 609A) by adding Andorra and Comoros, two new parties to the New York Convention (Note). We also propose to amend the spelling of "Faeroe Islands" in the Schedule to "Faroe Islands" so as to tally with the spelling used in other statutory provisions.
 
Consultation

     The Working Group on Arbitrability of IPRs supports the proposal to amend the Arbitration Ordinance so as to clarify that IPR disputes are capable of resolution by arbitration. The Government has also consulted stakeholders within the legal, arbitration and IP fields on the Bill. The consultees did not raise in-principle objection to the introduction of the Bill.  Some comments on the Bill raised by the consultees have been carefully considered by the Government and taken on board where appropriate. In addition, the Panel on Administration of Justice and Legal Services was consulted early this year, and indicated support for the introduction of amendments to clarify the position.
 
Conclusion

     Mr President, in order to further enhance Hong Kong’s position as a centre for international legal and dispute resolution services in the Asia Pacific region, the Department of Justice has been reviewing the arbitration regime of Hong Kong from time to time and will also consider improvement to the Arbitration Ordinance as and when appropriate. We believe that the Bill, when enacted, will make Hong Kong one of the first movers to clarify the arbitrability of IPR disputes by legislation, thereby enhancing Hong Kong's position as a leading international arbitration centre and an IP trading hub in the Asia Pacific region.
      
     With these remarks, I urge Members to support the Bill.
      
     Thank you, President.

Note: Convention on the Recognition and Enforcement of Foreign Arbitral Awards done at New York on June 10, 1958

LCQ8: Supply of and demand for international school places

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     Following is a question by the Hon Jeffrey Lam and a written reply by the Secretary for Education, Mr Eddie Ng Hak-kim, in the Legislative Council today (December 14):

Question:
    
     According to the findings of a consultancy study released in 2012 on the provision of international school places at primary and secondary levels in Hong Kong, there will be a projected shortfall of 4 203 primary places in the 2016/17 school year. Some members of the business sector have relayed to me that when overseas talents and investors consider whether to develop their careers and conduct investment activities in Hong Kong, they are very concerned about whether they can arrange their minor children to be enrolled in the international schools in Hong Kong. As most of them will work or conduct investment activities in business districts after arriving in Hong Kong, international school places on Hong Kong Island are much in demand. Moreover, there has been a rising trend in recent years in the number of local students enrolling in international schools. In this connection, will the Government inform this Council:
 
(1) of the current number of international school places, broken down by the three regions of Kowloon, the New Territories and Hong Kong Island; whether it knows the number of students currently enrolled in international schools, broken down by the districts in which they live;
 
(2) whether it knows the respective numbers and percentages of local students and overseas students among the students of international schools in each of the past three school years;
 
(3) of the measures adopted by the authorities in the past three school years to boost the number of international school places in the regions of Hong Kong Island and Kowloon; and
 
(4) whether the authorities have any long-term policy in place to solve the problem of inadequate supply of international school places; if they do, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     The Government is committed to developing a vibrant international school sector through various measures mainly to meet the demand for international school places from overseas families living in Hong Kong and families coming to Hong Kong for work or investment. My response to the four parts of the question raised by Hon Jeffrey Lam is as follows:
 
(1) The distribution of international school places and students by region, and the areas of residence of international school students in the 2015/16 school year are set out at Annex 1.
 
(2) The numbers and percentages of local and non-local students among the students in international schools from the 2013/14 to 2015/16 school years are set out at Annex 2.
 
(3) and (4) We have implemented a number of measures to support the development of the international school sector, including allocation of vacant school premises (VSPs) and greenfield sites (sites) for developing international schools, facilitation of in-situ expansion and redevelopment of existing international schools, provision of interest-free loan for the construction of school premises according to established mechanism, etc. According to the findings of a consultancy study completed in end-2012 (the 2012 Study), it is projected that based on the position of the 2011/12 school year, there would be an estimated shortfall of around 4200 primary international school places by the 2016/17 school year. To meet the projected shortfall, we have allocated a total of five VSPs and three sites for international school development via the two School Allocation Exercises (SAEs) commenced in 2012 and 2014 respectively. Of these eight development projects, three are on the Hong Kong Island and one is in Kowloon. About a total of some 6 000 places will be gradually provided by these eight new international school campuses from the 2014/15 school year onwards, including at least about 4 700 primary school places. Furthermore, we have provided policy support to the expansion plans of two existing international schools on the Hong Kong Island, and facilitated the schools' liaison with relevant government departments for taking forward the projects. These two projects are in the pipeline and are expected to gradually provide a total of 1 100 international school places starting from the 2017/18 school year onwards.
 
     Further to the 2012 Study, we have commissioned a new round of study to update the latest provision of international school places at primary and secondary levels in Hong Kong based on the status in the 2015/16 school year, and to project the demand and supply of international school places in the seven school years starting from 2016/17. This study also includes collection of views from international schools, business sector and international community, in order to have a deeper understanding of the concerns of different stakeholders. Such information, coupled with the past trends of demand for international school places and the forecast changes in economic growth, etc., will be useful reference for projecting the demand for international school places from overseas families coming to Hong Kong for work or investment. The consultant is finalising the analysis and study report. It is expected that relevant work will be completed in the coming month. Subject to the findings of the study and availability of suitable sites/VSPs for international school development, we will consider whether and if so, when to launch another SAE for international school development.

Speech by STH at seminar in Ho Chi Minh City, Vietnam (English only) (with photos)

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     Following is the speech by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, at a seminar in Ho Chi Minh City, Vietnam, co-organised by the Hong Kong Trade Development Council and the Hong Kong Economic and Trade Office in Singapore today (December 14):

Distinguished guests, ladies and gentlemen,

     Xin chào. Good afternoon. I am very happy to be here today to share with you some of our thoughts on how we could further collaborate in trade and logistics services. 

     It will be Christmas in less than two weeks. Some of us may well remember that as a small kid we waited in joyful anticipation of Santa Claus' delivery. We have long outgrown Santa, of course, but Santa is no doubt an icon of inspiration for those in the logistics industry and in supply chain management. Even if you don't celebrate Christmas, you will surely envy Santa's supply chain.

     Let's take a look at Santa's operation from a logistics point of view: we are supposedly talking about delivering Christmas presents for hundreds of millions of children across the globe within a single day. Santa's night of gift-delivering could easily become the largest logistics operation in the world. The real-world rival to Santa today may probably be Alibaba on the Singles' Day of 11 November - this year the delivery orders placed numbered 650 million, costing US$17.8 billion, up 32 per cent from 2015.

     Back to Santa, his challenges are no different from what faces logistics services providers every day - he needs to accurately predict the time of arrival, manage real-time disruptions, track and trace consignment status, and ensure that the last miles are cleared efficiently.

     The less complicated part for Santa is that there is no reverse logistics - we rarely hear children sending their presents back to Santa.

     Santa also has a remarkable feat in inventory management. Since Santa has such a solid reputation of delivering the goods right, there is no carryover inventory on the 26th of December. This means no inventory distortion - no overstocks and no out-of-stocks.

     Santa represents an ideal world, as a fairy should do. However, logistics services providers today should still aspire to get close to the high bar set by Santa. This requires collaboration across borders and boundaries, and multi-modal transportation links. Lone efforts are always more difficult. Here lies the case for closer collaboration between Hong Kong and Vietnam. I believe we can bring much more to each other's tables.

     The logistics industry in Vietnam has been growing rapidly in recent years with the continued inflow of foreign direct investment. In the past decade, we note Vietnam's container port throughput has been expanding at a very impressive annual growth rate of 13.8 per cent, reaching 10.6 million TEUs (20-foot equivalent units) in 2015. That aside, the aviation front has also gained a strong growth, with the total air exports doubling over the last five years. I understand the Vietnamese Government is planning to upgrade the country's airport infrastructure, meaning that the need for logistics services catering for higher-value air cargo will be on the rise.

     Hong Kong, on the other hand, has for over a century excelled as a trading economy with a strong trading and logistics sector, which accounts for 23 per cent of Hong Kong's Gross Domestic Product (GDP) and 20 per cent of employment. Together we are a perfect match, as Hong Kong logistics services providers can offer Vietnamese companies and producers customised logistics solutions targeting, in particular, air cargo in order to better reach out to the growing consumer markets both in Hong Kong and the Mainland of China. That's why we are here today, to talk business, and in particular business in the logistics sector.

     In fact, Hong Kong and Vietnam have already been close partners in trade for decades. We have very close trade ties with each other. Last year, Vietnam was Hong Kong's ninth largest trading partner. Reciprocally, Hong Kong was Vietnam's ninth largest trading partner and fifth largest export market. There has been a marked annual growth of 21.2 per cent in trade value between Vietnam and Hong Kong from 2010 to 2015, reaching US$16.5 billion in 2015. Such significant growth is attributable to the increase in air cargo, with its average annual growth rate reaching over 20 per cent.

     Furthermore, China is one of Vietnam's largest export markets and Hong Kong plays an important role in the trade between Vietnam and Mainland China. In 2015, 9.3 per cent of the total trade between Vietnam and the Mainland was routed through Hong Kong. In absolute value, we are talking about US$8.9 billion worth of goods.

     The laden container throughput between Hong Kong and Vietnam totalled 950 000 TEUs in 2015. Of this, more than one-fifth were trans-shipment relating to the Vietnam-Mainland China trade.

     The air cargo throughput between Hong Kong and Vietnam totalled 100 000 tonnes in 2015, of which more than half were trans-shipment cargo.

     Goods to the Mainland are routed through Hong Kong for good reasons. Strategically located at the heart of Asia, Hong Kong has long been the gateway to southern China, and the bridge between the Mainland and the rest of the world. Our infrastructure is rated number one in the world by the World Economic Forum's Global Competitiveness Report. Our robust economy, trade freedom, regulatory efficiency and excellent logistics services have made Hong Kong a premier logistics hub.

     The Hong Kong Port is a natural deep seaport and one of the most efficient ports in the world, with an annual throughput of more than 20 million TEUs. About 340 container vessel sailings leave Hong Kong every week to some 470 destinations worldwide.

     The depth of our container port and approach channel is being dredged to 17.5 metres. With dredging works close to completion, the Hong Kong Port will be able to receive mega container vessels at any time of the year regardless of tides.

     Hong Kong can reach all of Asia's major markets within four hours' flight time and half of the world's population within just five. The Hong Kong International Airport hosts more than 100 airlines, operating over 1 100 flights each day to 190 international destinations, including some 45 in the Mainland of China. Our airport has been the busiest cargo airport in the world since 2010, handling over 4.38 million tonnes of cargo last year.

     And we are expanding into an even better aviation hub, having moved ahead with a three-runway system. Works have started and when completed in around 2024, our airport will have the capacity to handle about 100 million passengers and 9 million tonnes of cargo a year.

     Hong Kong has a comprehensive high-speed road network with well-connected cross-boundary points (there are five of them, including one under construction) that link up the container terminals, airport and various logistics nodes, providing excellent connectivity with Mainland China, in particular the Pearl River Delta (PRD), one of China's fastest growing regions, contributing to about 9 per cent of the Mainland's GDP. The PRD is also a booming consumer market, taking up some 7 per cent of total retail sales in the Mainland.

     Hong Kong values its affinity with the PRD region and attaches great importance to expanding connectivity with the newly booming Western PRD. We are getting near to the completion of the Hong Kong-Zhuhai-Macao Bridge - this mega-project is funded, constructed and to be operated by Hong Kong, Macao and the Guangdong Province of China. Upon commissioning of the Bridge, a journey from the Hong Kong International Airport to Zhuhai city in the Pearl River Delta region will be compacted from over four hours to about 45 minutes. With this addition to our multi-modal transport network, cargo arriving Hong Kong by air can be speedily transported to the western part of the Pearl River Delta region.

     Ladies and gentlemen, it is true that we have an uncertain economic outlook ahead, but Asia remains the engine of the global economy. According to International Monetary Fund's forecast, the Asia-Pacific region remains the most dynamic region of the global economy. The economic growth of the Asia-Pacific region is estimated to be about 5.4 per cent during 2016-17, as compared to around 3.2 per cent globally. The economic scene is still in Asia's favour. To illustrate, nine of the top 10 container ports in the world are in Asia, of which seven are in China, including Hong Kong.

     Hong Kong takes pride in being the "super-connector" between the Mainland and the rest of the world. In logistics, Hong Kong cherishes its strength in connectivity, customer-convenience, and cost-efficiency. Hong Kong is geared towards playing an important role in China's Belt and Road Initiative, and we stand ready to work with Vietnamese companies to take advantage of the immense opportunities expected to come about under that Initiative.

     New trade routes will emerge amongst the 60-plus economies along the Belt and Road corridors. The Hong Kong Port has marine cargo movements with 45 of these economies. We have also signed air services agreements or international air transit agreements with over 40 of them. This certainly gives Hong Kong a clear edge in meeting the increasing need for logistics services in the Belt and Road regions, particularly in emerging economies where high-quality logistics services are in high demand.

     Joining me here today are members of the Hong Kong Logistics Development Council, representatives of the Hong Kong Trade Development Council, as well as key players of the logistics trade from Hong Kong. They are the real movers and shakers who know our logistics industry inside out, who can share with you their insights on and experiences of doing business with Mainland China, including the advantages of routing your goods through Hong Kong. The Hong Kong Economic and Trade Office based in Singapore also stands ready to provide you with more information about doing business in Hong Kong, and to help you connect with relevant offices and people.

     Lastly, I would like to thank everyone who takes the time to come to this seminar today, to give us an opportunity to share with you how we can strengthen our friendship and partnership. I am confident that our two economies can work closer to achieve mutual benefits and prosperity in the years ahead. On this note, may I wish you and your family a prosperous and good year of 2017. Thank you.
Photo  Photo  

PUCI persons in custody attain good examination results (with photos)

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     Thirty young persons in custody at Pik Uk Correctional Institution (PUCI) of the Correctional Services Department (CSD) were presented with certificates at a ceremony today (December 14) in recognition of their efforts and academic achievements.

     In the past year, 102 persons in custody sat for various academic and vocational examinations including the Hong Kong Diploma of Secondary Education (HKDSE) Examination, examinations of the Open University of Hong Kong and examinations organised by City and Guilds International Limited, the Vocational Training Council, the Construction Industry Council and other examination bodies, covering the subjects of computer studies, hairdressing, elementary Cantonese cooking and kitchen operations, basic laundry skills and the Intermediate Trade Test in Joiner. They achieved 234 passes including 52 merits. Of the candidates, six persons in custody sat 29 papers for this year's HKDSE Examination, obtaining level 2 or above in 28 papers – representing 96.6 per cent of all papers taken. One candidate obtained 24 marks overall in six papers taken and successfully fulfilled the entrance requirement of bachelor degree programmes at local universities in Hong Kong. The 30 persons in custody who were presented with certificates today had passed 88 papers, 21 of which were distinctions and credits.

     At the ceremony, the Chairman of Tung Sin Tan, Mr Ha Tak-kin, said that the CSD is committed to providing safe custody and appropriate rehabilitation programmes to help persons in custody integrate into society. In accordance with the principle of “Serving the Community”, Tung Sin Tan has also engaged in community services as well as rehabilitation activities such as the "Dao Te Ching" Calligraphy Competition with the CSD. The competition aims at encouraging persons in custody to cultivate interests in calligraphy and refine their temperament. Tung Sin Tan is also devoted to supporting persons in custody to pursue education and vocational training. In addition to making donations amounting to $750,000 to the Prisoners' Education Trust Fund from 2013 to 2015, a subsidy scheme for two years, namely the Tung Sin Education Fund, has been set up with a total of $500,000 in two donations from Tung Sin Tan in 2016 and 2017 to provide financial assistance to persons in custody in need for educational pursuits. Moreover, Mr Ha encouraged the young persons in custody to uphold the spirit of “Unleash the potential, start a new life” in order to turn over a new leaf with the support of their families and the staff of the CSD.

     During the ceremony, a representative of persons in custody spoke on his determination to start a new life and pursue his studies at the institution with the support of staff of the CSD and his family, and his mother expressed her joy at seeing the positive change in her son. A band show and a drama performance were staged by persons in custody at PUCI to convey gratitude to all those helping them in rehabilitation.

     Also attending the ceremony were the Commissioner of Correctional Services, Mr Yau Chi-chiu; representatives of non-governmental and community organisations; community leaders; and family members of the certificate recipients.

     PUCI has a capacity of 385 penal places for young male remand and sentenced persons in custody. The department provides half-day education programmes and half-day vocational training for the young persons in custody to help them rehabilitate and prepare for their reintegration into society.
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Speech by SFST at Vocational Training Council Graduation Ceremony (English only)

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     Following is the speech by the Secretary for Financial Services and the Treasury, Professor K C Chan, at the Vocational Training Council (VTC) Graduation Ceremony today (December 14):

Chairman Dr Clement Chen (Chairman of the VTC), Executive Director Dr Carrie Yau (Executive Director of the VTC), parents, guests and graduates,
 
​     Good afternoon.
 
     It gives me great pleasure to be here today, to share your joy, smiles and probably selfies at the VTC Graduation Ceremony. This is indeed a big day for you graduates, you parents and teachers. It's my honour to be with you here and my warmest congratulations to you all.
 
     This is an important day for you and, as a natural course on any commencement day, it's a day to applaud your successes, to reflect on your accomplishments, and to think about your future.
 
     There's no question the conferment today is one of the many successes that you are after. There's no question too your accomplishments to date have earned you the respect of your fellow classmates, teachers, parents and families. You should be very proud of it.
 
     While celebrating the start of a new chapter in your life, for sure you will not forget to express gratitude to your parents who have been standing by you no matter what; and to your teachers who have nurtured your knowledge and skills, and instilled in you a passion for learning.
 
     Since its establishment a few decades from now, the VTC has been offering a full range of pre-employment and in-service programmes, a new world of opportunities as described to learners of all ages and abilities. For our graduates today, I congratulate you not only on the learning opportunities that were given, the passion that has been instilled, but even more so, on you finding the aspiration and goals to pursue further.
 
     I was a business dean before joining the Government and had also spent quite a number of years teaching in the United States before Hong Kong. My encounters with students tell me it is always no easy task for them to identify their strengths, to get to know all learning opportunities, to go after them, and to decide on a career for further development.
 
     So I feel happy that you have made up your minds and have chosen a very good course to study. I encourage you to make every effort to excel in your choice. As you are probably aware, the labour market in Hong Kong has remained in a state of full employment. The seasonally adjusted unemployment rate in the third quarter of this year stayed low at 3.4 per cent, with employment earnings improving continuously. So there are a wealth of opportunities waiting for you, and in Hong Kong we also have a full range of further education opportunities for you to pursue advanced learning. And I have every confidence that your efforts will pay off.​​​​​​​ 

     Today, you're armed with one of the most important tools needed to forge your path ahead. I am not talking about the diploma itself - it's about what you've learned along the way and what you do with the education you've gotten in your journey to graduation today. That's what really counts.
 
     ​I'm pretty sure you won't naively expect smooth sailing in the life journey ahead of you. Disappointments, mistakes and even failures all come in a package of growing wise and successful. So, be prepared for them and stay strong and committed. 
 
     ​Thank you.

Appointment of Chief Staff Officer, Civil Aid Service (with photo)

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     The Government announced today (December 14) that Mr Cheung Tat-yin, Staff Officer, Civil Aid Service, will take up the post of Chief Staff Officer, Civil Aid Service on December 24, 2016, when Mr Lam Kwok-wah will proceed on pre-retirement leave.

     The Secretary for the Civil Service, Mr Clement Cheung, said, "With proven leadership skills, coupled with his extensive administration and management experience, Mr Cheung will be able to lead the Civil Aid Service to meet the challenges ahead."

     On the retirement of Mr Lam, Mr Cheung said, "As the Chief Staff Officer, Civil Aid Service, Mr Lam has devoted sustained efforts in leading the Department to provide ample operational planning, professional training and logistics support to enable members of the Civil Aid Service to handle different emergency situations effectively. I sincerely wish him a happy retirement."

     Brief biographical notes on the two officers are set out below:

Mr Lam Kwok-wah
--------------------

     Aged 58, Mr Lam joined the Civil Aid Service as Training Assistant in September 1978 before being appointed as Training Officer in May 1982. He was promoted to Senior Training Officer (later retitled as Senior Operations and Training Officer) in December 1991, to Principal Operations and Training Officer in January 2003, and was appointed as Staff Officer, Civil Aid Service in November 2007. He has been the Chief Staff Officer, Civil Aid Service since November 2010.

Mr Cheung Tat-yin
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     Aged 57, Mr Cheung joined the Government as Assistant Immigration Officer in September 1982 before being appointed as Training Officer (later retitled as Operations and Training Officer) in December 1985. He was promoted to Senior Operations and Training Officer in October 1999, to Principal Operations and Training Officer in December 2005 and was appointed as Staff Officer, Civil Aid Service in November 2011.
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Fatal traffic accident in Sham Shui Po

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     Police are investigating a fatal traffic accident in Sham Shui Po in the small hours of today (December 14) in which a 58-year-old man died.

     About 4.48am, Police received a report that a man collapsed at the junction of Yee Kuk Street and Yen Chow Street. Police officers sped to the scene and found the man lying unconsciously on the road. Sustaining serious head injuries, the man was certified dead at scene.

     Upon investigation, Police located a medium goods vehicle in suspected connection with the case on Tung Kun St in Yau Ma Tei and arrested a 57-year-old male driver for dangerous driving causing death. He is being detained for enquiries.

     Investigation by the Special Investigation Team of Traffic, Kowloon West is underway.

     Anyone who witnessed the accident or has any information to offer is urged to contact the investigating officers on 3661 9000 or 3661 9023.

Effective Exchange Rate Index

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     The effective exchange rate index for the Hong Kong dollar on Wednesday, December 14, 2016 is 107.6 (down 0.1 against yesterday's index).

LCQ19: Information security in Hong Kong

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     Following is a question by the Hon Charles Peter Mok and a written reply by the Secretary for Innovation and Technology, Mr Nicholas W Yang, in the Legislative Council today (December 14):

Question:

     In recent years, information security incidents and cybercrimes, which involved increasingly sophisticated modus operandi and technology, have occurred frequently in Hong Kong, thus putting the networks of government departments, financial system and enterprises under threats. In the first eight months of this year, the Police have received 49 reports of blackmails using encryption ransomware, and the total monetary loss involved in five of such cases was nearly $70,000. In addition, the Hong Kong Computer Emergency Response Team Coordination Centre (HKCERT) under the Hong Kong Productivity Council received 247 reports of blackmails using encryption ransomware over the first nine months of this year, representing a more than threefold year-on-year increase. Regarding the enhancement of the information security of government departments, the financial system and the business operations of enterprises in Hong Kong, will the Government inform this Council:

(1) whether it knows the respective numbers, in each of the past three years, of reports of incidents in which computers or websites of (i) government departments and (ii) other organisations were subject to cyberattacks and encountered information security incidents, with a breakdown by name of the department/organisation and type of incident (including web defacement, intrusion of networking and information systems, distributed denial-of-service (DDoS) attacks and blackmails using encryption ransomware);

(2) given that the computers of the Harbour Patrol Section of the Marine Department and the Office of the Centre for Food Safety of the Food and Environmental Hygiene Department had, one after another, fallen victims to implantations and intrusions by hackers in October this year, of the respective monetary losses suffered by the Government as a result of such incidents; whether the authorities have reviewed if the computer systems and anti-virus software in use by various government departments are adequate to guard against cyberattacks, such as phishing websites, botnets, malicious software and DDoS attacks;

(3) given that the server of the Immunisation Record System of the Clinical Information Management System (CIMS) of the Department of Health was earlier suspected of having been intruded into by hackers, how the authorities will enhance the security of CIMS to protect the personal data and privacy of members of the public;

(4) given that the Office of the Government Chief Information Officer (OGCIO) has indicated its plan to strengthen its efforts to defend against cyber threats by forming a new team in the middle of this year, (i) whether that team has been formed, (ii) what specific tasks the team has undertaken and has planned to undertake respectively, and (iii) whether the team will conduct information security assessments and audits for various government departments; if the team will, of the timetable; if not, the reasons for that;

(5) of the number of cyber security drills conducted by the Government Computer Emergency Response Team Hong Kong in collaboration with the Hong Kong Police Force (HKPF) since its establishment, and the respective categories and scales of the simulated cyberattack incidents (set out separately in chronological order);

(6) of the scope of work of the Cyber Security and Technology Crime Bureau (CSTCB) of the HKPF in addressing cybercrimes; whether CSTCB has participated in the various types of information security work of the Security Bureau, the Innovation and Technology Bureau and OGCIO, including (i) the conduct of security risk assessments and audits, (ii) the implementation of technical security solutions, and (iii) the upgrade of security infrastructures;

(7) how many organisations participated in the SME Free Web Security Health Check Pilot Scheme organised by the authorities through HKCERT this year; whether and how the authorities have assessed the effectiveness of the scheme, and whether they will expand the scheme to enable more small and medium enterprises (SMEs) to participate; given that SMEs face higher information security risks, whether the Government will provide SMEs with extra funding and support to help them strengthen the security of network infrastructure and enhance information security;

(8) given that a large-scale cyberattack launched by hackers in the United States in October this year has rendered a number of major local websites paralysed, whether the authorities have formulated an information security strategy in relation to the promotion of smart city development in Hong Kong, so as to address cyberattacks targeting household, personal and mobile network devices, merchant point-of-sale systems and Internet-of-Things systems;

(9) given that incidents of hacker intrusions into automatic teller machine systems of banks have occurred successively in Thailand and Taiwan recently, whether the authorities have specific measures in place to safeguard the information security of the financial system of Hong Kong so as to ensure that the system has adequate protection against similar incidents of hacker intrusions; whether they will conduct comprehensive risk assessments on the current information security of government agencies, financial institutions, industry bodies (such as telecommunication companies) and their infrastructures;

(10) whether the authorities have assessed Hong Kong's long-term needs for information security personnel to tie in with the direction of smart city and financial technology development in Hong Kong; whether they have plans to formulate policies to nurture information technology personnel and network security experts, so as to address various types of information security threats; and

(11) since the review of the current legislation and the relevant administrative measures in 2000, whether the authorities have plans to establish afresh an inter-departmental working group for the enhancement of information security work to study ways to address the new challenges posed by the application of cloud technology?
 
Reply:

President,

     With the rapid development of information technology (IT) and increasing popularity of smart devices, information security and the threats posed by cyber attacks have brought impacts on internet users. The Government has been closely monitoring the trend of cyber attacks and related security threats. The Office of the Government Chief Information Officer (OGCIO) has been collecting cyber threat information disseminated by the cyber security industry and computer emergency response teams around the world, and issue timely security alerts and reminders to Government bureaux and departments (B/Ds), as well as assist government IT management staff and Information Security Incidents Response Teams in B/Ds to make prompt response and strengthen their precautionary measures.

     Having consulted the Security Bureau (SB), the Commerce and Economic Development Bureau (CEDB), the Financial Services and the Treasury Bureau (FSTB) and other relevant departments, the reply to each part of the question is as follows:

(1) In the past three years, OGCIO received a total of 31 information security incident reports from government departments, while the Hong Kong Computer Emergency Response Team Coordination Centre (HKCERT) received a total of 13 517 such reports from local enterprises and users over the same period. The relevant incidents by type are set out in Annex.

(2) Regarding the hacker intrusion incident at the Harbour Patrol Section of the Marine Department and the office of the Centre for Food Safety of the Food and Environmental Hygiene Department, the departments concerned have promptly and properly dealt with the incidents in accordance with the established information security incident response mechanism and procedures. As the intrusions were caused by ransomware, OGCIO also immediately issued reminders and guidelines on strengthening ransomware prevention to B/Ds, requesting them to step up checks on the computer systems and anti-malware softwares, so as to ensure the information security defensive capabilities within the Government. The Government has not suffered any monetary loss as a result of the relevant incidents.

     On protecting government information systems and networks, the Government has put in place overall management framework, technical measures and security mechanisms to closely monitor the operation of government information and network systems, so as to detect and block various kinds of potential cyber attacks. B/Ds should abide by the Government's information security policies and guidelines, take appropriate measures to ensure the safe and normal operation of the Government's information and network systems, including the implementation of multiple layers of security such as the use of firewalls, intrusion detection and defensive systems and anti-malware softwares. B/Ds should also ensure the correct set-up of systems and the timely installation of security patches to prevent any security vulnerabilities from posing threats against the Government's information systems. Moreover, they should conduct regular security risk assessments and third-party audits on their information and network systems, to ensure that the systems comply with the relevant security requirements and regulations, and have adequate defensive capabilities to protect government systems and data assets.

     In addition, OGCIO has been closely monitoring the trends of cyber attacks and the associated security threats, providing timely technical assistance and recommending precautionary measures to B/Ds. It also issues technical guidelines, security alerts and reminders and organises seminars to strengthen their information security awareness and capabilities to prevent, detect and respond to cyber attacks.

(3) In July 2016, the Department of Health (DH) discovered that the Immunisation Record System of its Clinical Information Management System had been intruded by hackers. DH handled the incident in accordance with the established procedures, reported the incident to OGCIO and the Office of the Privacy Commissioner for Personal Data, and referred the case to the Police for investigation. The DH also sent letters to all those who might be affected, advising them to be vigilant against any illegal use of their personal information.

     On the protection of personal and classified information, the Government has put in place very stringent information security requirements and responsive measures, stipulating that the access to and use of relevant application systems and data should be restricted to authorised persons and that data access rights should be clearly defined and reviewed periodically. It is also required that sensitive data and documents, when being saved or transmitted, should be encrypted in accordance with recognised industry standards to ensure the proper protection of government data assets.

     In 2016, OGCIO conducted a comprehensive review on the Government IT Security Policy and Guidelines, by making reference to the latest ISO 27001 international standards and other industry best practices, in order to strengthen the security requirements in individual areas, including the confidentiality requirements for storing sensitive information and departmental management capability to respond to information security incidents.

(4) OGCIO set up a new team in July this year to step up actions against cyber security threats. The team is establishing a pilot cyber threat information sharing platform, which will collate and evaluate cyber threat information and data from different sources using big data analytics technology, so that more targeted cyber threat alerts can be issued to B/Ds and provide them with advice on counter measures. Moreover, OGCIO will launch a new round of "security compliance audits" by the end of this year to assess B/Ds’ compliance with the Government IT Security Policy and Guidelines. During the course of assessment, OGCIO will assist relevant B/Ds to continuously improve their security management systems and to cope with emerging security threats.

(5) Since 2014, the Hong Kong Police Force (HKPF) has conducted various types of cyber security drills together with industry stakeholders and local critical infrastructures. In 2014, a total of 14 organisations of critical infrastructures participated in the drills. In 2015, the number of participating organisations increased to 28. Through various simulated incident scenarios, cyber security drills test the capabilities of incident analysis, the standing incident response procedures and the communication protocol of the participants. The simulated cyber attacks incidents include the most common scenarios with profound impacts, such as distributed denial-of-service attacks, web defacement, intrusion of network and information systems, ransomware, malware and sensitive data breaches.

     The Police will, in collaboration with OGCIO, conduct a large-scale cyber security drill involving 30 government departments in January 2017 to enhance government departments' capability to protect information systems and handle cyber security incidents.

(6) The Cyber Security and Technology Crime Bureau (CSTCB) of HKPF is responsible for a wide range of duties in tackling cyber crimes. Its major functions include:

(a) detecting syndicated and highly sophisticated technology crimes and conducting proactive intelligence-led investigations;
(b) providing assistance to critical infrastructures by conducting timely cyber threat audits and analyses to prevent and detect cyber attacks against them;
(c) enhancing incident response capability to major cyber security incidents or massive cyber attacks;
(d) strengthening thematic researches on cyber crime trend and mode of operation, vulnerabilities of computer systems and development of malware;
(e) strengthening co-operation with local and overseas stakeholders and law enforcement agencies to counter prevalent technology crimes and cyber threats; and
(f) conducting trainings on cyber security and technology crimes.

     Since its establishment, CSTCB has been collaborating with various government departments and stakeholders of different trades to strengthen the reliability of the information system network of critical infrastructures, as well as to enhance Hong Kong's capability to protect relevant information system networks and guard against cyber attacks.

(7) To enhance the cyber security awareness among local small and medium enterprises (SMEs) and strengthen their defensive capabilities against cyber attacks, HKCERT launched the SME Free Web Security Health Check Pilot Scheme jointly with a number of local trade associations early this year to check the health status of SMEs' websites and suggest improvement measures, and to verify the effectiveness of the measures upon implementation. The first round of checks under the scheme was completed in the middle of this year, and website security check reports and free consultation services were provided to 30 participating SMEs. In August, seminars were held to share the findings and improvement suggestions. A second round of checks has also been completed. Through the scheme, participating SMEs can have a better understanding of the security risks of their websites and the best practices in website security, thereby enhancing the protection for their websites. OGCIO will continue to work closely with HKCERT to explore activities which will further raise the cyber security level of local SMEs.

     The Innovation and Technology Commission launched a $500 million Technology Voucher Programme on a pilot basis under the Innovation and Technology Fund on November 21 to subsidise the use of technological services and solutions by SMEs, including IT that assists enterprises to enhance cyber security.

(8) In the process of promoting the development of smart city, it is imperative to develop relevant IT security and technical standards. When considering the options for implementing Internet of Things, the Government will evaluate the security risks in the relevant segments, including terminal devices, network systems, information management, etc, in order to comply with the requirements under the security regulations and policies of the Government. We are conducting a consultancy study for formulating a Smart City Blueprint for Hong Kong, including the development of IT security and technical standards. The study is expected to complete in mid-2017.

(9) The Hong Kong Monetary Authority (HKMA), the banking industry and HKPF have been monitoring the crime cases related to ATMs, including the cases involving overseas ATMs being intruded by hackers, causing them to dispense cash automatically.

     According to information provided by HKMA, these cases involved the planting of malwares into the overseas ATMs in respect of which no protective measures against malwares have been implemented. In Hong Kong, effective security measures against malwares have been implemented in all ATMs in accordance with HKMA's guidelines. In light of these cases, HKMA, the banking industry and HKPF have earlier reminded banks to review their security controls, so as to further reduce the risk of local ATMs being hacked.

     To strengthen the cyber resilience of the banking sector in Hong Kong, HKMA announced in May 2016 the launching of Cybersecurity Fortification Initiative (CFI), which is underpinned by three pillars:

(a) Cyber Resilience Assessment Framework: the assessment framework aims at assessing an authorised institution (AI)'s cyber risk exposure and cyber resilience. The results will form a basis for an improvement plan for cyber resilience. It also allows HKMA to get a holistic view of the preparedness of individual AIs, as well as the entire banking sector, in cyber security;

(b) Professional Development Programme: the Professional Development Programme is a localised certification scheme and training programme developed by HKMA together with the Hong Kong Institute of Bankers and the Hong Kong Applied Science and Technology Research Institute (ASTRI). The aim of launching this integrated and well-structured programme is to train and nurture cyber security practitioners in the AIs and the IT industry, so as to enhance their cyber security awareness and technical capabilities to conduct cyber resilience assessments and simulation testing; and

(c) Cyber Intelligence Sharing Platform: the Cyber Intelligence Sharing Platform is jointly implemented by HKMA and the Hong Kong Association of Banks (HKAB) to support the implementation of simulation testing and facilitate the sharing of cyber intelligence among AIs. Relevant cyber intelligence sourced from different reliable channels will be collected, analysed and shared on this platform together with detailed cyber-threat analysis report and recommendations. Through this platform, member banks of HKAB will be able to tap the latest threat scenarios and get prepared accordingly.

     With the support of the banking industry and other stakeholders, the HKMA has made good progress in implementing the CFI. The three pillars are expected to be formally rolled out in December 2016.

     Furthermore, CSTCB has been endeavouring to facilitate the sharing of cyber-attack intelligence in the financial sector of Hong Kong. CSTCB is planning to establish a Cyber-attack Intelligence Sharing Platform to address dynamic cyber threat and the increasingly complex cyber attacks, as well as to share intelligence on cyber attacks.

     In May this year, HKPF, HKMA and ASTRI co-organised Cyber Security Summit 2016, which was a three-day event with supervisors of financial institutions, regulatory bodies and technology solution providers among its guests. The summit shared the latest local and global trends of cyber attacks, and enhanced the awareness and preparedness of important professional bodies and critical infrastructures in Hong Kong in response to cyber security incidents and hacker attacks.

     As regards telecommunications operators, according to information provided by CEDB, they are required to ensure the effective operation of their networks to maintain and provide satisfactory services in accordance to the licence conditions.

(10) According to the statistics by the Information Systems Audit and Control Association, there are 2 327 Certified Information System Auditors and 474 Certified Information Security Managers in Hong Kong as at September 2016. Moreover, information of the International Information Systems Security Certification Consortium, Inc shows that a total of 1 413 local practitioners have acquired the qualification of Certified Information Systems Security Professional. To address the information security threats faced by Hong Kong, the Government will continue to collaborate with schools and the education sector (including tertiary institution) to enrich IT-related disciplines with information security programmes. The Government will also work with professional associations of information security to promote professional accreditation for IT practitioners so as to train up more IT practitioners with professional knowledge and skills in information security, and to facilitate the development of relevant manpower resources.

(11) The Government has formulated a set of comprehensive Government IT Security Policy and Guidelines which is subject to regular reviews, in order to address challenges brought by the Government's use of cloud and other IT developments.

LCQ4: Euthanasia

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     Following is a question by the Hon Chung Kwok-pan and a reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (December 14):

Question:
 
     It can be seen for many years patients suffering from terminal illnesses and their family members expressing the hope that euthanasia may be legally performed in Hong Kong. Although considerable controversies surround the issue of euthanasia, several countries have now enacted legislation to permit the performance of euthanasia under certain circumstances. In this connection, will the Government inform this Council:

(1) whether it knows the number of patients requesting for euthanasia in each of the past three years, with a breakdown by the illness suffered by and the age of the patients;

(2) of the support currently provided by the Government to patients suffering from terminal illnesses, and whether it will enhance the relevant support; and

(3) of the Government's justifications for refusing to permit the performance of euthanasia on patients; whether it will study the enactment of legislation to permit euthanasia so as to relieve the constant pain and suffering of patients with special circumstances or terminal illnesses; if it will not, of the reasons for that?
 
Reply:

President,

     Euthanasia is a highly complex and controversial issue involving implications in various dimensions including medical, social, moral, ethical, legal, etc. Any subject matters concerning life must be dealt with care.

     Under the laws of Hong Kong, euthanasia involves a third party's acts of intentional killing, manslaughter, or aiding, abetting, counselling or procuring the suicide of another, or an attempt by another to commit suicide.  These are unlawful acts, possibly liable to criminal offence(s) under the Offences Against the Person Ordinance. The Code of Professional Conduct for the Guidance of Registered Medical Practitioners (Code) has made it clear that euthanasia is "illegal and unethical".

     My reply to the various parts of the question is as follows:

(1) The Hospital Authority (HA) does not compile statistics on the number of patients wishing for euthanasia.

(2) Upholding the principle of "providing holistic care for patients", the HA offers appropriate comprehensive services to terminally ill patients and their families in an integrated service mode through palliative care teams comprising doctors, nurses, medical social workers, clinical psychologists, physiotherapists and occupational therapists. At present, all seven clusters of the HA provide palliative care services for terminally ill patients, including in-patient service, out-patient service, day care service, home care service, bereavement counselling, etc. Since 2010-11, the HA has extended the targets of its palliative care services from mainly cancer patients to patients with other end-stage organ failure.

     Palliative care in-patient services are mainly provided for terminally ill patients with severe symptoms and multiple needs. The HA uses drugs and other supportive therapies to reduce the patients' physical pain and discomfort, so as to help them spend the final stage of life in peace and with dignity. Public hospitals of the HA offer a total of over 360 palliative care beds. Terminally ill patients admitted to other specialties and in need of palliative care services can also receive palliative treatment. 
      
     The HA will also arrange palliative care out-patient services for discharged patients in need to follow up on their conditions. At the same time, the HA has set up various Palliative Day Care Centres to strengthen the emotional and psychosocial support for patients and their families.
      
     We understand that some terminally ill patients may wish to stay with their families in a familiar environment until their passing away. The HA will respect patients' will and provide support, including palliative care services and home visits, as appropriate for discharged patients in need in the light of individual circumstances.
      
     We have all along been committed to enhancing palliative care services and has continued to improve its service delivery model and strengthen the provision of multi-disciplinary services over the years. Since 2015-16, the HA, in collaboration with residential care homes for the elderly (RCHEs), has strengthened the service of the Community Geriatric Assessment Team in phases to provide better support for terminally ill residents living in RCHEs to improve the quality of care.
      
     Besides, the HA communicates with patient self-help groups on a regular basis to understand their needs.

     We will continue to review the demands for various medical services and plan its services according to factors such as population growth and changes, advancement of medical technology and healthcare manpower. Improvements will also be made while ensuring efficient use of resources.
      
     On the other hand, in 2015, the Food and Health Bureau commissioned the Chinese University of Hong Kong to conduct a three-year research study on the quality of healthcare services for the ageing. With the aim of enhancing healthcare services for the elderly population, the study will help the Government set its long-term development direction of healthcare services in response to the challenges of an ageing population, including services for elderly people with chronic diseases and end-of-life care.

(3) Paragraph 34 of the Code provides guidelines on care for the terminally ill.  Where death is imminent, it is the doctor's responsibility to take care that a patient dies with dignity and with as little suffering as possible. A terminally ill patient's right to adequate symptom control should be respected. This includes problems arising from physical, emotional, social and spiritual aspects.

     According to paragraph 34.2 of the Code, euthanasia is defined as "direct intentional killing of a person as part of the medical care being offered". The Code clearly states that euthanasia is illegal and unethical.

     In Hong Kong, there may be occasional cases of terminally ill patients requesting euthanasia when their physical and mental pain goes unmanaged. However, most of these patients will change their mind and give up their requests when their pain is under control after receiving suitable palliative care treatment.  We should therefore look for ways to improve our palliative care services for terminally ill patients who are in both physical and mental pain, so that more of them can receive suitable treatment, instead of considering how to implement the so-called euthanasia. 

     According to our understanding, euthanasia is currently not allowed in the vast majority of countries and areas in the world. Only a very small number of countries (e.g. the Netherlands, Belgium and Luxembourg) allow euthanasia to be conducted under statutory regulation. Switzerland, Canada and a minority number of states in the United States (e.g. the states of Oregon, Washington, Vermont, California, etc.) allow doctors to assist terminally ill patients in committing suicide under statutory regulation, while maintaining euthanasia as an illegal act. The Government has no plans to carry out any study or consultation on the issue of legalising euthanasia for the time being.

     Under common law, a patient may, while mentally competent to make decisions, give an advance directive to specify that apart from basic and palliative care, he chooses not to receive any life-sustaining treatment or any other specified treatment when he is terminally ill, in a state of irreversible coma or in a persistent vegetative state, or to specify the withholding or withdrawal of futile treatment which merely postpones his death under specific conditions. This is not equivalent to euthanasia.

     The Advance Care Planning allows healthcare staff of the HA to discuss with terminally ill patients and their families, in the best interest of the patients, the withholding or withdrawal of futile treatment which merely postpones death. A patient can also sign an advance directive to specify that when he is terminally ill, in a state of irreversible coma or in a persistent vegetative state, or under other specific circumstances, he chooses not to receive any futile life-sustaining treatment and wishes to pass away peacefully. The HA has formulated guidelines on advance directives and the Advance Care Planning.

     Thank you, President.

Territory-wide operation to promote pedestrian safety

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Police concluded a five-day territory-wide pedestrian safety operation yesterday (December 13). Through stringent enforcement actions, pedestrians, in particular senior citizens, were reminded of the importance of road safety. A total of 1,120 summonses were issued to pedestrians failing to comply with road traffic regulations during the operation conducted from December 9 to December 13. During the period, Police issued 891 summonses for failing to comply with a light signal on a light signal crossing, 97 summonses for crossing the road within 15 metres of a footbridge/pedestrian subway other than by means of the footbridge/pedestrian subway, and 63 summonses for crossing within 15 metres of a light signal crossing other than by means of the light signal crossing. "Pedestrians are reminded to take care and to cross the road safely. Those who fail to comply with the law may be liable to a maximum fine of $2,000", a Police spokesman said.

Appointments to Disaster Relief Fund Advisory Committee

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     The Government announced today (December 14) that the Chief Executive has appointed Mrs Ann Kung Yeung Yun-chi and re-appointed Dr Tik Chi-yuen as members of the Disaster Relief Fund Advisory Committee for a term of two years effective from January 1, 2017. Moreover, Dr Helena Wong Pik-wan and Mr Kenneth Lau Ip-keung have been nominated by the Legislative Council (LegCo) and appointed by the Chief Executive as members of the Committee. Their term of office in the Committee took effect from November 15, 2016, and is concurrent with their term of office in the current-term LegCo.

     "We would like to express our gratitude to the retired and retiring members, including Dr Priscilla Leung Mei-fun, Mr Cheung Kwok-che and Mr Leo Kung Lin-cheng, for their active participation in the Committee's work and outstanding contribution by virtue of their professional knowledge and experience," a Government spokesman said.

     The Disaster Relief Fund was established by a LegCo resolution on December 1, 1993, to provide a ready mechanism for Hong Kong to respond swiftly to international appeals for humanitarian aid in relief of disasters that occur outside Hong Kong. The Committee is tasked to advise on disbursement from the Disaster Relief Fund and monitor the use of grants by the recipients.

     The membership list of the Committee with effect from January 1, 2017, is as follows:

Chairman:
Chief Secretary for Administration (ex-officio)

Members:
Mr Cheng Yiu-tong
Mr Ip Kwok-him
Dr Helena Wong Pik-wan
Mr Kenneth Lau Ip-keung
Dr Tik Chi-yuen
Mrs Ann Kung Yeung Yun-chi
Secretary for Financial Services and the Treasury or representative (ex-officio)
Secretary for Labour and Welfare or representative (ex-officio)
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