LEGISLATIVE COUNCIL ― 26 October 2022

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OFFICIAL RECORD OF PROCEEDINGS
Wednesday, 26 October 2022
The Council met at Eleven o’clock

MEMBERS PRESENT:THE PRESIDENT
THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.M., G.B.S., J.P.
THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.M., G.B.S., J.P.
THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P.
THE HONOURABLE STARRY LEE WAI-KING, G.B.S., J.P.
THE HONOURABLE CHAN HAK-KAN, S.B.S., J.P.
THE HONOURABLE CHAN KIN-POR, G.B.S., J.P.
DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P.
THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.M., G.B.S., J.P.
THE HONOURABLE PAUL TSE WAI-CHUN, J.P.
THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P.
THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S., J.P.
THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P.
THE HONOURABLE MA FUNG-KWOK, G.B.S., J.P.

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THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P.
THE HONOURABLE KWOK WAI-KEUNG, J.P.
THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P.
THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P.
IR DR THE HONOURABLE LO WAI-KWOK, G.B.S., M.H., J.P.
THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P.
DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P.
THE HONOURABLE HOLDEN CHOW HO-DING
THE HONOURABLE SHIU KA-FAI, J.P.
THE HONOURABLE YUNG HOI-YAN, J.P.
THE HONOURABLE CHAN CHUN-YING, J.P.
THE HONOURABLE LUK CHUNG-HUNG, J.P.
THE HONOURABLE LAU KWOK-FAN, M.H., J.P.
THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P.
THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P.
THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S., J.P.
THE HONOURABLE DOREEN KONG YUK-FOON
THE HONOURABLE CHU KWOK-KEUNG
THE HONOURABLE STANLEY LI SAI-WING, M.H.

LEGISLATIVE COUNCIL ― 26 October 2022
DR THE HONOURABLE HOEY SIMON LEE, M.H., J.P.
THE HONOURABLE ROBERT LEE WAI-WANG
THE HONOURABLE DOMINIC LEE TSZ-KING
IR THE HONOURABLE LEE CHUN-KEUNG
DR THE HONOURABLE TIK CHI-YUEN, S.B.S., J.P.
THE HONOURABLE STANLEY NG CHAU-PEI, S.B.S.
DR THE HONOURABLE JOHNNY NG KIT-CHONG, M.H.
THE HONOURABLE CHAU SIU-CHUNGDR THE HONOURABLE CHOW MAN-KONG
DR THE HONOURABLE DAVID LAM TZIT-YUEN
THE HONOURABLE LAM CHUN-SING
THE HONOURABLE LAM SO-WAI
THE HONOURABLE NIXIE LAM LAM
DR THE HONOURABLE DENNIS LAM SHUN-CHIU, J.P.
THE HONOURABLE LAM SAN-KEUNG, J.P.
THE HONOURABLE ANDREW LAM SIU-LO, S.B.S., J.P.
THE HONOURABLE DUNCAN CHIU
THE HONOURABLE YIU PAK-LEUNG, M.H.
DR THE HONOURABLE WENDY HONG WEN

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THE HONOURABLE DENNIS LEUNG TSZ-WING, M.H.
THE HONOURABLE LEUNG MAN-KWONG, M.H.
THE HONOURABLE EDWARD LEUNG HEITHE HONOURABLE KENNETH LEUNG YUK-WAI, J.P.
THE HONOURABLE CHAN YUET-MING, M.H.
THE HONOURABLE ROCK CHEN CHUNG-NIN, S.B.S., J.P.
THE HONOURABLE CHAN PUI-LEUNG
THE HONOURABLE CHAN YUNG, B.B.S., J.P.
THE HONOURABLE SUNNY TAN
THE HONOURABLE JUDY CHAN KAPUI, M.H.
THE HONOURABLE MAGGIE CHAN MAN-KI, M.H., J.P.
IR THE HONOURABLE CHAN SIU-HUNG, J.P.
THE HONOURABLE CHAN HOI-YAN
THE HONOURABLE JOEPHY CHAN WING-YAN
THE HONOURABLE CHAN HOK-FUNG, M.H., J.P.
IR THE HONOURABLE GARY ZHANG XINYU
THE HONOURABLE LILLIAN KWOK LING-LAI
THE HONOURABLE BENSON LUK HON-MAN
DR THE HONOURABLE STEPHEN WONG YUEN-SHAN

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DR THE HONOURABLE KENNEDY WONG YING-HO, B.B.S., J.P.
THE HONOURABLE EDMUND WONG CHUN-SEK
THE HONOURABLE KINGSLEY WONG KWOK, B.B.S., J.P.
THE HONOURABLE YANG WING-KITREVD CANON THE HONOURABLE PETER DOUGLAS KOON HO-MING,
B.B.S., J.P.
THE HONOURABLE TANG FEI, M.H.
THE HONOURABLE TANG KA-PIU, B.B.S., J.P.
THE HONOURABLE LAI TUNG-KWOK, G.B.S., I.D.S.M., J.P.
PROF THE HONOURABLE LAU CHI-PANG, B.B.S., J.P.
THE HONOURABLE KENNETH FOK KAI-KONG, J.P.
THE HONOURABLE LOUIS LOONG HON-BIU
THE HONOURABLE NGAN MAN-YU
THE HONOURABLE CARMEN KAN WAI-MUN
DR THE HONOURABLE TAN YUEHENG, J.P.
THE HONOURABLE SO CHEUNG-WING, S.B.S., J.P.
THE HONOURABLE YIM KONG

PUBLIC OFFICERS ATTENDING:
THE HONOURABLE CHAN KWOK-KI, G.B.S., I.D.S.M., J.P.
CHIEF SECRETARY FOR ADMINISTRATION

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THE HONOURABLE PAUL LAM TING-KWOK, S.B.S., S.C., J.P.
SECRETARY FOR JUSTICETHE HONOURABLE KEVIN YEUNG YUN-HUNG, G.B.S., J.P.
SECRETARY FOR CULTURE, SPORTS AND TOURISM
THE HONOURABLE ERICK TSANG KWOK-WAI, G.B.S., I.D.S.M., J.P.
SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRSTHE HONOURABLE CHRISTOPHER HUI CHING-YU, G.B.S., J.P.
SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY
THE HONOURABLE TANG PING-KEUNG, G.B.S., P.D.S.M., J.P.
SECRETARY FOR SECURITY
THE HONOURABLE ALGERNON YAU, J.P.
SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENTPROF THE HONOURABLE LO CHUNG-MAU, B.B.S., J.P.
SECRETARY FOR HEALTH
THE HONOURABLE LAM SAI-HUNG, G.B.S., J.P.
SECRETARY FOR TRANSPORT AND LOGISTICS
THE HONOURABLE ALICE MAK MEI-KUEN, S.B.S., J.P.
SECRETARY FOR HOME AND YOUTH AFFAIRSMR JOSEPH CHAN HO-LIM, J.P.
UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURYMR HO KAI-MING, J.P.
UNDER SECRETARY FOR LABOUR AND WELFARE
MR JEFF SZE CHUN-FAI, J.P.
UNDER SECRETARY FOR EDUCATIONLEGISLATIVE COUNCIL ― 26 October 2022

CLERKS IN ATTENDANCE:MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL
MS DORA WAI, DEPUTY SECRETARY GENERALMS AMY YU, ASSISTANT SECRETARY GENERALMS MIRANDA HON, ASSISTANT SECRETARY GENERAL

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LAYING OF PAPERS ON THE TABLE OF THE COUNCIL
The following papers were laid on the table under Rule 21(2) of the Rules ofProcedure:
Subsidiary Legislation

Legal Notice No.

Pharmacy and Poisons (Amendment) (No. 5)
Regulation 2022 .................................................

194 of 2022

Road Traffic (Parking) (Amendment)
Regulation 2022 .................................................

195 of 2022

Road Traffic (Public Service Vehicles) (Amendment)(No. 2) Regulation 2022 ....................................

196 of 2022

Road Traffic (Registration and Licensing of Vehicles)(Amendment) (No. 2) Regulation 2022 .............

197 of 2022

Control of Chemicals Ordinance (Amendment of
Schedule 2) Order 2022 .....................................

198 of 2022

Dangerous Drugs Ordinance (Amendment of First
Schedule) Order 2022 ........................................

199 of 2022

Public Health and Municipal Services Ordinance(Public Pleasure Grounds) (Amendment ofFourth Schedule) (No. 2) Order 2022 ................

200 of 2022

Public Health and Municipal Services Ordinance(Public Swimming Pools) (Amendment ofFourteenth Schedule) Order 2022 ......................

201 of 2022

Smoking (Public Health) (Designation of No Smoking
Areas) (Amendment) Notice 2022 .....................

202 of 2022

Prevention and Control of Disease (Vaccine Pass)(Amendment) Regulation 2022..........................

207 of 2022

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Other Papers
Urban Renewal Authority
Annual Report 2021-22 (including Independent Auditor’s Report and
Financial Statements)
West Kowloon Cultural District Authority
Annual Report 2021/22
Fish Marketing Organization
Financial Statements and Independent Auditor’s Report for the year ended
31 March 2022
Vegetable Marketing Organization
Financial Statements and Independent Auditor’s Report for the year ended
31 March 2022
Marine Fish Scholarship Fund
Report, Financial Statements and Independent Auditor’s Report for theperiod from 1 April 2021 to 31 March 2022
Agricultural Products Scholarship Fund
Report, Financial Statements and Independent Auditor’s Report for theperiod from 1 April 2021 to 31 March 2022
Consumer Council
Annual Report 2021-22 (including Financial Statements and Independent
Auditor’s Report)
Office of the Communications Authority
Trading Fund Report 2021/22 (including Financial Statements and Reportof the Director of Audit)
Report of changes made to the approved Estimates of Expenditure during
the first quarter of 2022-23
Public Finance Ordinance: Section 8(8)(b)
Hongkong Post
Annual Report 2021/22 (including Financial Statements and Report of the
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Electrical and Mechanical Services Trading Fund
Report 2021/22 (including Financial Report and Report of the Director of
Audit)The Land Registry Trading Fund Hong Kong
Annual Report 2021-22 (including Certified Financial Statements andReport of the Director of Audit)
The Government Minute in response to the Report of the Public Accounts
Committee No. 77 of July 2022
Report of the Bills Committee on Mainland Judgments in Civil andCommercial Matters (Reciprocal Enforcement) BillADDRESSPRESIDENT (in Cantonese): Address. The Chief Secretary for Administration
will address the Council on “The Government Minute in response to the Report of
the Public Accounts Committee No. 77”.
Chief Secretary for Administration, please speak.

The Government Minute in response to the Report of the Public Accounts
Committee No. 77 of July 2022
CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President,
laid on the table today is the Government Minute responding to Report No. 77 of
the Public Accounts Committee (“PAC”) presented to the Legislative Council on
13 July 2022.
I welcome the Report of PAC and am grateful for the time and efforts
devoted by the ex-Chairman of PAC, Mr CHAN Chun-ying, and members of PAC.
The Government accepts PAC’s various recommendations and sets out in detail in
the Government Minute the specific responses of the relevant bureaux anddepartments. PAC conducted public hearings on the chapters on “Highways
Department: Maintenance of public footpaths” and “Safeguarding employees’rights and benefits under labour laws” in Report No. 77. I would like to highlightthe key measures taken and progress made by the Government and relevantorganizations in response to the recommendations.

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Highways Department: Maintenance of public footpaths
In response to the comments and recommendations of PAC and the Audit
Report on the maintenance of public footpaths, the Highways Department (“HyD”)
has taken various measures to keep the public footpaths in good condition andprovide a safe walking environment for pedestrians.
In respect of the project estimates, HyD will further verify the actual site
conditions and constraints in order to improve the accuracy of the project estimatesfor future rehabilitation projects. Moreover, HyD will regularly review thecompleted projects funded by block allocation under the Capital Works Reserve
Fund, and finalize and delete the respective accounts as early as practicable forreleasing the unused funds in a timely manner.
With regard to the inspection and routine maintenance works of public
footpaths, HyD will continue to closely monitor the performance of the contractors
to ensure the contractors will record all defects identified during routine inspections
and detailed inspections, and will complete the rectification works in a timely
manner in accordance with the relevant requirements. If any non-compliance in
the inspection or maintenance works is identified, HyD will issue default notices
to the contractors and deduct the contract payments according to the contractual
terms.
As regards the submission of dimension books, if a contractor fails to submit
the dimension book within 90 days upon the completion of a works order andwithout justifiable reasons, HyD may recover all the previous interim payments
under the works order from the contractor in accordance with the contract
provisions. This is to ensure that there will be no overpayment. Moreover, HyD
has added a standing discussion item in the regular progress meetings with
contractors to monitor the submission of dimension books.
To enhance work efficiency through the application of innovativetechnologies, HyD commenced the development of a new digital management
system in April 2022 for completion in the fourth quarter of 2022 for trial. With
the new system in place, the management of repair and maintenance works will be
digitalized and the processing time on paperwork will be reduced, thereby allowing
more resources to be redeployed for strengthening the supervision of thecontractors’ road maintenance works.

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Safeguarding employees’ rights and benefits under labour laws
On the front of labour rights, the Labour Department (“LD”) attaches great
importance to safeguarding employees’ statutory employment rights and benefits,
and adopts a multi-pronged strategy of conducting workplace inspections, taking
out prosecutions against breaches of labour laws, processing employees’
compensation claims and applications to the Protection of Wages on Insolvency
Fund (“PWIF”), staging publicity activities, etc. Meanwhile, LD has adopted
enhanced measures, including the completion of the review of the PWIF coverageand business registration levy rate and the implementation of the recommendations
on the PWIF’s recovery of ex-gratia payment from employers, with a view tosafeguarding employees’ employment rights and benefits.
LD has also implemented various measures to shorten the time required forprocessing PWIF applications and disbursing ex-gratia payment to qualified
applicants. PWIF Board has agreed to the proposal to provide legal services by
PWIF to assist applicants in filing bankruptcy or winding-up petitions against theirinsolvent employers, which is a pre-requisite for releasing ex-gratia payment from
PWIF. This measure will save PWIF applicants from applying for legal aid,
which is subject to means testing, from the Legal Aid Department. It is envisaged
that the processing time of PWIF applications can then be shortened by up to
12 weeks. LD is pressing ahead with the implementation of this measure within
this year.
LD will continue to explore practicable ways to take forward the otherrecommendations, such as further enhancing the effectiveness of workplaceinspections, so as to strengthen the protection of employees’ statutory employment
rights and benefits.
President, I would like to thank PAC again for its efforts and suggestions.
The concerned bureaux and departments will strictly adhere to their responses andimplement improvement measures as set out in the Government Minute.
Thank you, President.

ORAL ANSWERS TO QUESTIONSPRESIDENT (in Cantonese): Questions. First question.

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Developing into an East-meets-West centre for international cultural
exchange
1.
MR KENNETH FOK (in Cantonese): The National 14th Five-Year Plan
has expressed clear support for Hong Kong to develop into an East-meets-Westcentre for international cultural exchange. To tie in with the Plan, will theGovernment inform this Council:(1)

whether it will formulate a long-term development blueprint on artsand culture and consider, upon drawing reference from the practiceof the Korea Creative Content Agency, setting up a statutory body
dedicated to the management and coordination of arts and cultural
policies, so as to actively take forward the development of theindustries and integrate the industries with highly efficient markets,
thereby promoting Chinese culture overseas;(2)

as there are views that there is a shortage of talents in Hong Kong’s
arts industry, and the Government should adopt a twin-track measurefor nurturing local talents on the one hand, and reviewing the schemes
for importing relevant talents from outside Hong Kong on the other,of the Government’s short, medium and long-term measures in place
to attract outstanding Mainland and overseas talents in the arts
industry to come to Hong Kong; and(3)

as there are views that the popularization of culture is the foundationfor establishing a cultural hub, whether the Government will consider
increasing the number of courses on experiencing and appreciatingarts and culture in primary and secondary schools, and setting
standard learning hours and enhancing teachers’ qualifications forsuch courses; if so, of the details; if not, the reasons for that?

SECRETARY FOR CULTURE, SPORTS AND TOURISM (in Cantonese):
President, the National 14th Five-Year Plan has expressed clear support for Hong
Kong to develop into an East-meets-West centre for international cultural
exchange. This has not only manifested our Country’s expectation of Hong
Kong, but also given full recognition to the flourishing and diverse growth of arts,
culture and creative industries in Hong Kong over the past years and provided thesector with continuous development opportunities.

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The Government has been committed to developing arts, culture and creative
industries and has formulated clear policies for that. At the same time, theGovernment has formulated strategic directions for and provided substantial
funding to support the development of Hong Kong into an East-meets-West centre
for international cultural exchange. In 2022-2023, the Government’s recurrent
expenditure on arts and cultural development exceeds $5.9 billion, representing analmost 40% increase over the $4.3 billion in 2017-2018. My reply to the threeparts of the question raised by Mr FOK is as follows:(1)

As I have just mentioned, the Government has all along had clear
policies as well as supporting measures and resources in place for thedevelopment of the arts, culture and creative industries. In 2009, theGovernment set up Create Hong Kong (“CreateHK”) to provide
dedicated support to promote the eight major creative industries inHong Kong, including film, digital entertainment, advertising,publishing and printing industries, etc. There are both similarities
and differences between the areas of work of CreateHK and the Korea
Creative Content Agency (“KOCCA”) mentioned in the question.
For example, CreateHK is responsible for supporting both the film andtelevision industries while the work of KOCCA does not cover thefilm industry. As interactive exchanges and learning with otherjurisdictions are essential for the development of the arts, culture andcreative industries, the Culture, Sports and Tourism Bureau recently
sent delegates to Korea for in-person exchanges with different arts andculture organizations (including KOCCA) in September this year.
We will continue to tap into the experience of both sides in thedevelopment of arts, culture and creative industries, connect with theindustries and promote their development.
The Government has strived to create a comprehensive ecosystem forthe arts, culture and creative industries. Hong Kong is the home baseof a number of globally acclaimed business platforms for arts, culture
and creative industries, including some famous global visual arts
exhibitions as well as the Hong Kong International Film & TV Market
which provides the film industry with business opportunities.
Furthermore, we will organize the first Hong Kong Performing Arts
Market in 2024 which will serve as an important platform for
performing arts groups and practitioners to find business orcollaboration opportunities and foster more favourable conditions forindustry building.

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As announced in the Policy Address, I will establish the Culture
Commission to offer advice and recommendations on ways to enhance
the policies on the development of arts, culture and creative industries,
and to assist in formulating a Blueprint for Arts and Culture andCreative Industries Development so as to refine our policy on andcreate the ecosystem for the industries.
(2)

Talents have always been a crucial element in the development of arts,
culture and creative industries. Apart from nurturing talents toprovide opportunities and career pathways for young people aspiring
to join the arts, culture and creative industries, we have to, at the sametime, attract talents and draw together talents of different cultural
backgrounds to provide a fertile training ground for further elevating
the standard of arts, culture and creative industries.
On nurturing talents, it is promulgated in this year’s Policy Addressthat the Hong Kong Academy for Performing Arts should examine its
positioning and role in nurturing arts and cultural talents in Hong
Kong and even the Greater Bay Area in the long run and consider
establishing another campus in the Northern Metropolis and raising
the proportion of non-local students. The Policy Address alsoannounced the provision of funding support for emerging arts groups
and artists that have never received public subsidies, as well as theimplementation of a new programme to sponsor graduates toundertake internships in the West Kowloon Cultural District and arts
groups, so as to facilitate their entry to the industries after graduation.
As regards attracting overseas talents, creative industries andperforming arts professionals around the world are eligible for
immigration facilitation under the Quality Migrant Admission
Scheme (“QMAS”). Furthermore, under the Pilot Scheme on
Immigration Facilitation for Visitors Participating in Short-term
Activities in Designated Sectors implemented since June 2022,
immigration facilitation will be provided to short-term visitors
participating in arts and cultural activities organized by authorized
host organizations in Hong Kong through waiving the requirement toapply for employment visas/entry permits, thereby attracting morehigh-calibre arts talents from overseas to Hong Kong.

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The initiatives to “compete for talents” as proposed in the Policy
Address this year, which include relaxing the stay arrangements underthe Immigration Arrangements for Non-local Graduates; suspend theannual quota under QMAS; and establish the Talents Service Unit,
will further attract and facilitate talents in arts, culture and creative
industries to work in Hong Kong.
(3)

Arts Education is an integral part of primary and secondary school
curriculum and is one of the eight Key Learning Areas. The current
curriculum guides stipulate the learning time for arts education andthat schools should, for instance, allocate 10% to 15% and 8% to 10%of the total lesson time to arts education at the primary and juniorsecondary levels respectively. Schools can also flexibly allocate acertain percentage of the total lesson time. Music and Visual Arts,
which include learning elements of experiencing and appreciating artsand culture, are generally offered as subjects in primary and secondary
schools.
Schools generally provide students with exposure to other art forms,
such as drama, media arts and dance, outside classroom throughlife-wide learning to organically integrate learning and teachingactivities within and beyond lessons. Many schools often contact
external organizations to arrange students to visit exhibitions andmuseums, attend arts performances, and participate in orchestras,
inter-school competitions and community arts activities, etc.
Besides, the Leisure and Cultural Services Department and arts
organizations often organize cultural and arts educational programmes
and activities.
Regarding teacher training, the Education Bureau has been
maintaining close contact with teacher education universities toreview the provision of subjects and intake places according to theneeds of the society. Furthermore, teacher education universities
would also update the content of their programmes so as to meet theneeds for continuous development of society and education. Thankyou, President.

MR KENNETH FOK (in Cantonese): Thank you, President, and I thank the
Secretary for his reply. It is true that the Government’s investment in the culturalindustry is increasing instead of being scaled back. The Policy Address deliveredLEGISLATIVE COUNCIL ― 26 October 2022

5181

recently has also talked about the future direction of development at great length.
In fact, apart from ploughing in resources, it is also very important to deploy
resources in a more targeted manner to better promote cultural development.
Here I would like to raise another question. The report to the 20th National
Congress of the Communist Party of China stresses that “we must regard scienceand technology as our primary productive force and innovation as our primary
driver of growth”, and digital economy will be an important development directionthat the country will endeavour to pursue in the new era. In May this year, theState Council also issued the Opinions on the Implementation of the Digital
Strategy for National Culture, a rather comprehensive document. On thecontrary, in the areas of culture and sports, it can be said that Hong Kong is being
stuck at the stage of technology application, far from achieving or formulating a
blueprint for digitalization. I have learned from reports that a state-owned
cultural enterprise has carried out in Macao some projects that integrate physicalartworks with digital art. May I ask the Bureau what plans are in place topromote digital sports and digital culture, so as to dovetail with the general
direction of national development and facilitate Hong Kong’s evolution into an
East-meets-West centre for international cultural exchange with digitalcharacteristics? Thank you, President.

PRESIDENT (in Cantonese): Mr Kenneth FOK, the supplementary question you
have raised is not related to the main question. Your main question is about thedevelopment of the East-meets-West centre for international cultural exchange.
You should not raise a supplementary question on another subject.
Secretary, will you give a reply?

SECRETARY FOR CULTURE, SPORTS AND TOURISM (in Cantonese):Thank you, President. We indeed see the development of national arts and sports
gradually move towards digitalization. I believe that not only in the areas ofculture and sports, our country is also gearing towards digitalization in many otherareas. We see the same trend in Hong Kong, especially in the area of arts, where
we are also fostering the integration of arts and technology.
When it comes to technology, there are many other aspects besides
digitalization. We hope that through technological development, the possibilities
of artistic creation can be enhanced, and through the new technologies, there can

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be bigger and broader room for artistic creation, and the audience can enjoy moreexperiences in different ways. To this end, the Government has all along
allocated considerable resources and devised various plans to enable the creative
industry and even the arts and cultural industries to develop in this respect. In thedays to come, we are willing to make continuous and strenuous efforts in thisrespect, and have more discussions with interested Members to explore how we
can do better in this respect. Thank you, President.

PROF LAU CHI-PANG (in Cantonese): Thank you, President. I agree with thequestion raised by Mr Kenneth FOK today, but there is one point which I hope theSecretary could explain more clearly. As regards the question of developing
Hong Kong into an East-meets-West centre for international cultural exchange, theSecretary has undoubtedly provided a framework when talking about arts
education in schools in part (3) of his reply, but should we have a focus whenfostering Chinese and foreign cultures? As a special administrative region of thePeople’s Republic of China, Hong Kong has at least two tiers of culture that need
to be nurtured with priority, first, the Chinese culture and second, the Hong Kong
culture, including the “intangible cultural heritage”, etc. With regard to theeducation on these aspects, may I ask the Secretary to state clearly the respective
weighting of Chinese and western arts and culture in the process of training art
teachers or educating students in schools in Hong Kong? Thank you.

PRESIDENT (in Cantonese): Which public officer will give a reply?
for Culture, Sports and Tourism, please reply.

Secretary

SECRETARY FOR CULTURE, SPORTS AND TOURISM (in Cantonese):
Perhaps let me explain a bit first, as the Member just mentioned the key point ofdeveloping the East-meets-West centre for international cultural exchange. With
regard to education, I will defer to the Under Secretary for Education to give afurther explanation later.
As far as the East-meets-West centre for international cultural exchange isconcerned, just as the Member has said, it refers to a place where our own Chinese
culture and foreign culture mingle. Hong Kong has always been an integral partof our country and has a long history of integrating into the culture of the country
as a whole. However, over the past century or so, Hong Kong has been deeply
influenced by western culture for historical reasons, thus forming a unique culture
which highlights a mix of Chinese and western cultures.

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The Policy Address has made it clear that we will launch a good number ofmeasures to promote the Chinese culture. For example, if arts groups are granted
funding by the China National Arts Fund, we will support them to go out to holdexhibitions or participate in activities. In the future, we will organize more
Chinese opera activities in Hong Kong or hold more activities such as “China
Week” in overseas places. On the one hand, we aim to nurture our own Chinese
culture and deepen our understanding of the current development of our country,
and on the other hand, we are seeking opportunities to promote the profound
Chinese culture through Hong Kong. As for teacher training, I will ask the Under
Secretary for Education to add a few points.

PRESIDENT (in Cantonese): Under Secretary for Education, please reply.

UNDER SECRETARY FOR EDUCATION (in Cantonese): Many thanks toProf LAU for his supplementary question. Regarding the promotion of arts andculture in schools, apart from the subjects of Music and Visual Arts as mentioned
by Secretary YEUNG in the main reply, as far as the promotion of the Chinese
culture is concerned, subjects such as Chinese Language and Chinese History inschools are all conducive to enhancing students’ interest in the Chinese culture.
As regards arts, in addition to the school curriculum, the Education Bureau
has been organizing the “Exhibition of Student Visual Arts Work” for more than
40 years. In recent years, many new elements and awards are added to theexhibition in the light of the latest arts development. In order to stimulate
students’ interest in learning Chinese painting and calligraphy, we have introduced
the “Chinese Painting and Calligraphy Grand Prize”, hoping to encourage students
to deepen their understanding of the Chinese culture, thereby fostering their senseof national identity. Colleagues from the Arts Education Section of the Education
Bureau will also co-organize some programmes with different museums, including
the recently opened Hong Kong Palace Museum. Through collaboration withmuseums, students can gain a better understanding of the Chinese culture inschools. Our teacher training process will also tie in with this. Thank you,President.

DR HOEY SIMON LEE (in Cantonese): Thank you, President. In recent years,
we have been strongly advocating the need to further promote arts and cultural
exchanges. Yet, we notice that apart from the performing arts which have often

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been mentioned recently, several universities in Hong Kong also offer a lot of
related courses, such as the promotion and commercialization of visual arts andcultural and creative products, etc. In this connection, may I ask the Secretary
what supporting measures have been adopted in this area? It is because whentalking about the development of this area, we seem to tilt towards certain aspects.
In fact, I am well aware that this is not an easy task as the promotion of culturaland artistic creation involves a very wide range of aspects. I would like to knowwhat complementary work will be carried out by the Government and the Bureau
in the other aspects mentioned just now. Thank you.

PRESIDENT (in Cantonese): Which public officer will give a reply?
for Culture, Sports and Tourism, please reply.

Secretary

SECRETARY FOR CULTURE, SPORTS AND TOURISM (in Cantonese):Thank you, President. As I have mentioned in the main reply, the Government
established CreateHK in 2009. With regard to CreateHK, apart from theperforming arts, which we often talk about, many creative industries in Hong Kong,such as films, advertising and publishing (publishing includes other works such as
cultural and creative works and comics), can also be promoted through CreateHK.
CreateHK will foster more cross sectoral collaboration in the future, forexample, by linking literary works to films or comics, so that different creative
fields can be brought into better play through interactions. These are some of ourinitiatives to promote literature, etc.
Besides, Members mentioned that apart from literary creation course, someuniversities may also offer courses on visual arts creation and so on. In thisconnection, I have mentioned in the main reply that in addition to organizing
exhibitions, we will also make efforts to increase the number of exhibition
platforms for visual arts. For example, Art Basel is held in Hong Kong every year
in March. Many artists from all over the world bring their works to Hong Kong,and Hong Kong also has the opportunity to showcase its local artworks. Throughthese platforms, not only can we create more opportunities for the performing arts,
but other modes of creation or arts can also be fully shown and developed in HongKong.

LEGISLATIVE COUNCIL ― 26 October 2022

5185

MR DOMINIC LEE (in Cantonese): Thank you, President. The National 14th
Five-Year Plan has expressed support for Hong Kong to develop into an
East-meets-West centre for international cultural exchange. Therefore, it isunobjectionable for the Government to allocate resources for the relevant
development, and we do see that the Government has made such allocations inrecent years. Nevertheless, when it comes to cultural exchanges, I do not see
many commercially successful cases in Hong Kong. I often see the Government
putting in resources, but do not see any result of industrialization. For example,
the West Kowloon Cultural District Authority incurred a deficit of $780 million lastyear, so will it depend on the Government’s continued “bailout” as the way
forward? What are the Government’s plans to truly industrialize the cultural
exchanges between China and foreign countries and to bring about commercial
success?

SECRETARY FOR CULTURE, SPORTS AND TOURISM (in Cantonese):Thank you, President. In this year’s Policy Address, if Members have paid
attention to the part on arts and culture, you will find that the Chief Executive has
repeatedly mentioned the issue of industrialization. Even one of the descriptionsof our newly formed Culture Commission is about how to enhance the developmentof arts, culture and creative industries and to formulate a Blueprint for Arts andCulture and Creative Industries Development.
In our minds, we attach great importance to pursuing a better and wider
industrialization of arts and culture. As I mentioned earlier, Art Basel is itself a
trading platform for artworks. Next, we will organize the first Hong Kong
Performing Arts Market in 2024, which will also serve as a platform for performing
arts groups and practitioners, as well as people from all over the world who
specialize in performing arts programmes, to meet, exchange and show their works,
so as to provide opportunities for the industry to grow. Evidently, we have paid
much attention to the industrialization in these areas.
Furthermore, why do we propose to organize a Pop Culture Festival? As
we all know, pop culture is actually an integral part of the social culture, and very
often, it can also drive economic development. In the 1970s, 1980s and 1990s,
Hong Kong’s pop culture of music, film and television blossomed not only in Hong
Kong, but also in the Mainland and even Asia, thus becoming a major industry.
Therefore, we can leverage the opportunities brought about by this Pop Culture
Festival to examine why Hong Kong was doing so well at that time, with a view to
reinvigorating the overall development of Hong Kong’s pop culture. All these are
the efforts we intend to make for industrialization. Thank you, President.

LEGISLATIVE COUNCIL ― 26 October 2022

5186

PRESIDENT (in Cantonese): Second question.

Combating online and telephone frauds
2.
MS STARRY LEE (in Cantonese): President, earlier on, online
employment frauds involving “selling people down the river” were uncovered in a
number of countries in Southeast Asia, and have aroused concerns among various
sectors about online and telephone frauds.
According to the Police’s
information, online frauds are one of the fastest growing types of crimes in recent
years, and the number of telephone frauds reported to the Police from January to
July this year rose by more than 60% compared to the same period last year. In
this connection, will the Government inform this Council:(1)of the following total numbers and relevant information, in each of thepast five years, regarding online and telephone frauds (including
frauds involving “selling people down the river”): the number ofreports and requests for assistance received, the nature of the cases,
the amount of money involved, the number of persons arrested, theage distribution of the persons arrested, the number of persons
prosecuted, and the penalties imposed on those convicted;(2)

in respect of stepping up efforts to combat the aforesaid unbridledcrimes, whether it has taken effective measures at the legislative andlaw enforcement levels, and whether it will expeditiously set up a task
force to study the punitive measures for curbing the aforesaid frauds;
and

(3)

whether it has actively cooperated with or sought the international
community’s actions to combat and crack down on such type of
cunning transnational deception syndicates, and whether it will stepup evidence collection through technology to grasp information on the
deception gangs, explore with the Communications Authority andlocal telecommunications operators the strengthening of regulation of
telephone calls from overseas, as well as study ways to make it easierfor members of the public to identify telephone calls from overseas; ifso, of the details; if not, the reasons for that?

LEGISLATIVE COUNCIL ― 26 October 2022

5187

SECRETARY FOR SECURITY (in Cantonese): President, deception is a serious
offence. Regardless of how it is committed, stern enforcement actions will betaken as long as there are illegal activities involved. The Police have all along
been combating different types of deception through different means including
strengthening law enforcement, multi-agency cooperation, intelligence analysis,
cross-boundary collaboration, and publicity and education.
My reply to the question raised by the Member is as follows:(1)

In the past five years, there was a marked increase in the number of
deception cases, rising significantly from 8 372 cases in 2018 to
19 249 cases in 2021, representing an approximately 130% increase.
The statistics are compiled based on the number of cases. As there
may be more than one person making reports or requests for assistancein relation to the same deception incident, we do not maintain thenumber of individual reports or requests for assistance received.
There were 19 444 deception cases in the first three quarters of 2022,
representing a 39.7% increase compared with the same period lastyear, involving over $3.3 billion. Over 70% of the cases wererelated to online fraud. The overall trend on deception cases, as well
as relevant information on online and telephone deception, are set out
in Annex 1.
As regard the number of arrested persons, a total of 8 031 persons
were arrested for deception-related cases between 2018 and 2021.
Generally speaking, they would be prosecuted for offences of fraud or
obtaining property by deception under the Theft Ordinance. Some
may also be prosecuted for dealing with property known or reasonably
believed to represent proceeds of an indictable offence (i.e. the money
laundering offence) under the Organized and Serious Crimes
Ordinance. The number of prosecuted persons and the sentences of
the convicted persons are maintained in accordance with the offence
involved. A total of 1 541 people were prosecuted for offences
under the Theft Ordinance mentioned above between 2018 and 2021.
Amongst them, 1 290 were convicted, with a highest sentence ofimprisonment for 10 years being imposed. The details are set out inAnnex 2.

LEGISLATIVE COUNCIL ― 26 October 2022

5188

Regarding the incidents in which Hong Kong residents were suspected
to have been lured to Southeast Asian countries and allegedly detained
to engage in illegal work, the modus operandi of these incidents isdifferent from previous job scams. Law enforcement agencies(“LEAs”) have received sporadic requests for assistance, 15 cases intotal, since early 2022 till July, and with 28 requests for assistancebeing received in August alone. So far, LEAs have received 46
relevant requests.
In mid-August this year, the Security Bureau set up a dedicated task
force to coordinate follow-up actions by the relevant LEAs. So far,
40 Hong Kong residents are confirmed to be safe and among them, 30
have safely returned to Hong Kong with the assistance of LEAs andseven do not require further assistance. The dedicated task force isactively assisting the remaining three in returning to Hong Kong.
The Organized Crime and Triad Bureau of the Hong Kong Police
Force has taken up the investigation of relevant cases. So far, eightmales and two females, aged between 17 and 51, were arrested by the
Police for conspiracy to defraud. Among them, three have been
charged.
(2)

There are clear legal provisions combating fraudulent activities.
Any person who commits the offence of fraud under section 16A of
the Theft Ordinance is liable to imprisonment for up to 14 years, while
any person who is charged with obtaining property by deception under
section 17 of the same ordinance is liable to imprisonment for up to
10 years. In addition, any person charged with dealing with property
known or believed to represent proceeds of an indictable offence(i.e. the aforementioned money laundering offence) under section 25of the Organized and Serious Crimes Ordinance for proceeds ofdeception is liable to imprisonment for up to 14 years and a fine of$5 million.
Combating “quick-cash” crime is one of the key operational areas of
the Police’s priorities. The focus of work in this regard includes theAnti-Deception Coordination Centre (“ADCC”) which operates
round-the-clock.
In the first three quarters of 2022, ADCC
prevented victims of over 400 cases from wiring money to fraudsters
and intercepted nearly $1 billion before the money reached scammers.

LEGISLATIVE COUNCIL ― 26 October 2022

5189

The Police set up task forces addressing specific types of deceptions,
including Investment Fraud Focus Group, Telephone Deception
Focus Group, and the Technology Crime Division which specificallyhandles, among other things, online deception. The Security Bureau
also set up a dedicated task force on employment fraud in Southeast
Asian countries.
The Police have all along been tackling deception by intelligence-led
operations. In the first three quarters of 2022, the Police neutralized
multiple deception syndicates, arresting over 650 persons, with a total
loss of about $1.4 billion involved.
Targeting scammers who make use of technology to defraud others,
the Police will leverage the newly established “e-Crime Processing
and Analysis Hub” to enhance the efficiency of technology crime anddeception investigation through big-data analysis. The Police also
launched a one-stop engine Scameter in September this year.
Members of the public can enter suspicious phone numbers orinformation of online platforms to identify fraud and online pitfalls.
(3)

Targeting syndicated and transboundary scams, the Police willcontinue to cooperate with Mainland and overseas law enforcement
agencies to combat deception. The Police have seconded an officer
to the INTERPOL Global Complex for Innovation in Singapore,through which the Police cooperate with INTERPOL (International
Criminal Police Organization) and law enforcement agencies of otherregions to combat cross-boundary technology crime.
The Office of the Communications Authority (“OFCA”) has been
adopting a multi-pronged approach to safeguard the integrity oftelecommunications services and security of communications
network, including the implementation of the Real-name Registration
Programme for Subscriber Identification Module (“SIM”) Cards toprevent and assist in the investigation of crimes that make use of SIM
Cards.
Currently, a “+” sign is inserted in the calling number display ofmobile phones for all incoming calls originating from outside Hong
Kong, enabling the public to stay vigilant against such calls.

LEGISLATIVE COUNCIL ― 26 October 2022

5190

To further enhance their work in this aspect, OFCA, the Police andmajor mobile network operators set up a working group to formulate
measures against telephone deception in September this year.
Measures discussed include adopting applications to display specificmarkers in the calling number display on suspicious incoming calls to
help their clients filter suspicious calls, as well as blocking suspicious
calls based on the information provided by the Police.
The Government will enhance publicity and education from all
aspects. The public should also stay vigilant, do not trust online or
telephone messages lightly and fall into the traps of scammers.
Thank you, President.

Annex 1
Overall Deception Figures

Overall Deception

2018

2019

Number of cases
8 372
Loss ($ billion)(1)
Number of arrested
1 646
persons(2)Teenagers
124(10-20 years old)
Adults(21 years old or 1 522
above)

8 216

2021
2022
2020
2021 (January to (January to
September) September)
15 553 19 249 13 920
19 444
>6.4
>5.1
>3.3

1 492

2 058

2 835

1 952

2 730

97

177

167

128

189

1 395

1 881

2 668

1 824

2 541

Notes:(1)

Police started maintaining the overall loss of deception cases in 2021.

(2)

Police do not maintain breakdown of the number of arrested persons by different types of
deception cases.

LEGISLATIVE COUNCIL ― 26 October 2022

5191

Figures of Online and Telephone Deception Cases Received by Police

Online Fraud

2018

2019

2020

2021
2022
2021 (January to (January to
September) September)

Number of cases

6 354

5 157

10 71613 859Online Business
Fraud

2 717

2 317

6 941

6 491

4 579

6 389

Miscellaneous
Online Fraud

676

343

1 020

3 094

2 214

4 654

Social Media
Deception

2 064

1 678

1 988

3 638

2 784

2 705

Email Scam

894

816

767

549

433

279

3

3

0

87

86

5

2,945.6 2,965.8

2,092.3

E-banking Fraud
Loss ($ million)

2,610.4

2,902

10 096

14 032

2,261.5

Telephone
Deception

2018

2019

2020

2021
2022
2021 (January to (January to
September) September)

Number of cases

615

648

1 193

1 140

735

1 687

Pretend
Officials

346

228

683

641

402

906

Guess Who

262

418

509

497

331

780

Detained Son

7

2

1

2

2

1

Loss ($ million)

60.9

150.0

574.8

811.1

666.8

721.2

LEGISLATIVE COUNCIL ― 26 October 2022

5192

Annex 2
Prosecution and Conviction Figures of Deception-related Offences
Theft Ordinance (Cap. 210)
Section 16A

Fraud
Year

Convicted
Immediate
imprisonment
Suspended
imprisonment
Community
service order
OthersNot Convicted
Total
Section 17

242
109

2022
1st half
78
35

1 016
395

54

52

12

255

72

57

60

27

290

15

16

21

4

76
159
1 175

2018

2019

2020

2021

265
94

241
94

190
63

77

60

74
20
48
313

35
276

29
219

29
271

18
96

Total

Obtaining property by deception
Year

Convicted
Immediate
imprisonment
Suspended
imprisonment
Community
service order
OthersNot Convicted
Total

61

49

39

56

2022
1st half
22
16

4

0

4

4

3

15

1

4

3

7

0

15

6

3

2

9

3

23

2018

2019

2020

2021

72

56

48

76

19
91

25
81

13
61

27
103

8
30

Total
274
221

92
366

Note:
The figures above are presented based on the year of conclusion of the relevant case. As thecourt proceedings in some cases may take longer, the year of arrest may not be the same as theyear of conclusion of the case.

LEGISLATIVE COUNCIL ― 26 October 2022

5193

MS STARRY LEE (in Cantonese): First of all, I recognize the importance the
Bureau has attached to the issue and the great deal of work done in this respect.
However, judging by the numbers given in the Bureau’s reply to me―though theSecretary has given me the overall number of deception cases, I believe the number
mainly represents telephone and online frauds. The Secretary has alreadypointed out in part (1) of his reply to my question that the relevant number has
increased by 130% from 2018 to 2021; and it has also increased by 40% in thefirst three quarters of 2022. The rate of increase is very alarming. Secretary,
you are well aware that the threat posed by telephone and online frauds to the
public is pervasive and ubiquitous. There are endless modus operandi of
deception: making calls posed as the police, post offices, banks, the Department of
Health and even the Financial Secretary. Members present in this Chamber have
all received many such messages, emails and calls, and I believe no public officers
would be spared. We all find them a huge nuisance.
How can we help some members of the grass roots, elderly persons inparticular? Being aware of the many telephone frauds and worried that theirpersonal information would be stolen, they are afraid to access any link on theirphones or read messages received on WhatsApp. They are usually worried thatthose would be false messages and false information.
Secretary,“result-oriented” is the Chief Executive’s governance philosophy. I know the
Secretary has done a lot of work, but judging from the results, the numbers are stillrising. Secretary, are you confident that―it is my challenge to you―after you
have studied the legislation, enforcement and punitive measures in otherjurisdictions or re-examined those in Hong Kong, you will be able to stem thenumber of these deception cases, especially online and telephone frauds, or evenmake it turn downwards, so that the public will no longer be worried and dare notclick on whatever messages they see to access the contents?

SECRETARY FOR SECURITY (in Cantonese): Thank you, President. First ofall, I certainly hope that crime figures will drop. We have also noticed thealarming growth of the number of deception cases. We certainly hope that crime
figures will not only stop climbing, but even turn downwards. However, taking alook at the developments around the world and in technology, our overall crime
figure for the first nine months of this year has increased by 4.4%, that is, by morethan 2 000 cases, but the number of deception-related crimes has increased by morethan 5 000. The overall crime trend has shifted from robbery and burglary to
deception; it is the trend in society. We are aware of this trend and will do our5194

LEGISLATIVE COUNCIL ― 26 October 2022

best to combat these crimes. Apart from law enforcement, I have also mentionedthat from January to September this year, we have arrested 650 people, prevented
400 similar cases and intercepted nearly $1 billion of money defrauded.
Nonetheless, despite our best efforts to intercept payments to fraudsters, we have
not yet been able to completely eradicate such crimes. In addition to caseinvestigation, we have also done a lot of work in terms of publicity. Taking into
account the profiles of the victims, we have not only publicized the cases on TV
and radio, but also made focused publicity efforts on social media. Moreover,given that many elderly persons have fallen victim to such fraud, we have evenvisited some elderly centres to conduct publicity work in a way that was easily
comprehensible to them. Also, we have organized some large-scale events, suchas the Anti-Deception Month and Anti-Deception Season, in the hope of enhancing
the publicity effect. We have just launched the Scameter. If members of the
public find incoming calls suspicious, they can use this tool to check the caller
numbers, bank account numbers, websites, etc. to see whether there is anythingsuspicious. I believe that, other than law enforcement, publicity and education
are also very important. Thank you, President.

MR NGAN MAN-YU (in Cantonese): Thank you, President. President, online
shopping has become quite popular amid the epidemic. There has been a surgeof online shopping pages in the community, such as those on Facebook andWhatsApp.
Some sellers had vanished after receiving payments, leaving
consumers with no way to seek recourse. What is even more outrageous is that,after the victims have reported these online shopping pages, they have not beentaken down after a protracted period of time and the fraudsters can continue todeceive people. I would like to ask the Bureau how it will step up its efforts tocombat these online shopping frauds in which “payments are collected but goods
are not delivered”? Thank you, President.

SECRETARY FOR SECURITY (in Cantonese): Thank you, President.
Seventy percent of the deception cases are related to online frauds, of which about
45% are related to online shopping. We are also aware that it is increasingly
common for people to shop via social media, and so we have to keep reminding
them to look out for suspicious websites or negative reviews given to sellers onsuch websites. The absence of reviews means they may have been deliberately
removed. We will conduct extensive online patrols and investigation proactively
if something suspicious is found. If we do find something suspicious, we will

LEGISLATIVE COUNCIL ― 26 October 2022

5195

input the relevant information into the Scameter to alert the public that the
information concerned may involve fraud. Members of the public can also supply
such information to our Scameter to help minimize loss. The same advice applies:
if you think something is suspicious, such as an exceptionally low price, think
twice. I find vigilance crucial. Thank you, President.

MR YANG WING-KIT (in Cantonese): President, there were 19 444 deception
cases in the first three quarters of 2022, which has already surpassed the numberof the whole previous year, involving $3.3 billion.
It fully exposes theinadequacies and loopholes in the SAR Government’s anti-deception efforts. The
Secretary has stated that the majority of deception cases originated from prepaid
SIM cards and calls from outside Hong Kong. I believe that after the
implementation of the real-name registration programme for SIM cards next year,
the number of deception cases involving the use of prepaid SIM cards will drop,
but deception cases involving calls from outside Hong Kong will remain rampant.
Will a system be set up to automatically intercept calls from outside Hong Kongsuspected to be deception to reduce the victimization of local residents? Whatmeasures will the Security Bureau take to combat deception coming from outside
Hong Kong so that Hong Kong people will not fall prey to deception again?
Thank you, President.

SECRETARY FOR SECURITY (in Cantonese): Thank you, President. The
Honourable Member is absolutely right in saying that many of these deception calls
originate from outside Hong Kong, so we have actually carried out a series of work.
First of all, telecommunications operators have already inserted a “+” sign to thecalling number display of some calls from outside Hong Kong, turning it into
numbers beginning with “+852”. It indicates calls intended to appear as being
made within Hong Kong but are indeed from outside Hong Kong, so that people
will stay vigilant. Moreover, we have set up a working group with OFCA andmajor telecommunications operators, which is now working on some tasks, and it
is hoped that some suspicious incoming calls can be intercepted.
In addition, should certain incoming calls be proved to be fraudulent, we willintercept them. If we have strong suspicion, we may flag the incoming calls toalert the users of their highly suspicious nature. Such work is in progress and I
believe it will be implemented in the near future, pending some technical work to
be done and settings to be made by the telecommunications operators. For the5196

LEGISLATIVE COUNCIL ― 26 October 2022

time being, although we are yet to directly flag suspicious incoming calls orintercept them when they are made, at this stage, we can still make use of the
Scameter. In case of suspicion, do not make responses nor purchases so quickly,
but do some checks to ascertain the likelihood of deception, and read some
information. Thank you, President.

MR MICHAEL TIEN (in Cantonese): Secretary, in recent years, the requests forassistance received by our office are mostly about deception calls from parties
impersonating as the Department of Health. The vast majority of these calls weremade to deceive people. I cannot understand why a further step cannot be taken
to block deception calls at source. Telecommunications experts told me that thesource of calls can be traced backwards layer by layer like a bank transfer. If
you look hard enough, they can be traced back to the source, andtelecommunications operators can block such “clients” even the source of the calls
is not in Hong Kong.
In recent years, most of the deception cases have come from outside Hong
Kong and from some small telecommunications operators, commonly known as“small-time intermediaries”. Once certain intermediaries are identified, major
telecommunications operators in Hong Kong can indeed block their service for a
few hours first and demand the deception calls be removed. If such calls arefound again, their service can then be blocked for a few days as punishment. In
that way, they will definitely not dare to transmit them again. It is similar tobanks’ KYC (Know Your Customer) practice to freeze accounts, which can be doneby so many banks in Hong Kong. There are only a handful of major
telecommunications operators in Hong Kong, and it is impossible that they areunable to do so. Can the Security Bureau discuss with OFCA and request Hong
Kong’s telecommunications operators to block the service of the so-called“small-time intermediaries”―those “fraudulent small-time intermediaries”? I
know that the industry has been doing so, but it seems the efforts are lukewarm.
Can the Government set a key performance indicator now and require Hong
Kong’s telecommunications operators to block these calls?

SECRETARY FOR SECURITY (in Cantonese): Thank you, President. I agreewith this approach proposed by the Honourable Member and, in fact, we have also
been doing this. We have noticed that many deception calls are probably
originate from outside Hong Kong, and in order to reach people in Hong Kong,LEGISLATIVE COUNCIL ― 26 October 2022

5197

they have to go through Hong Kong’s telecommunications operators. As I havementioned earlier, we are now working on one thing with OFCA and major
telecommunications operators, and the next step is to intercept calls confirmed tobe fraudulent. For those calls we consider highly suspicious, we will flag them incertain ways to alert the public of their suspicious nature. In doing so, whether
the calls come in through “small-time intermediaries” or whatever, they have to go
through telecommunications operators in Hong Kong. We use this method to,hopefully, make interceptions or alerts. Thank you, President.

MR TONY TSE (in Cantonese): Thank you, President. President, I have no
doubt about the Police’s determination to combat and prevent deception. In
2017, ADCC and the “Anti-Scam Helpline 18222” were set up. The Secretaryalso said that a number of task forces had been formed to tackle deception-related
issues, but the numbers tell us that fraud is on the increase rather than decrease.
Therefore, there is still work to be done in terms of publicity and even prevention.
President, many members of the public have expressed that, in fact, they findthe procedures for reporting deception cases complicated and cumbersome, andthat after making reports, the cases seem to have fallen on deaf ears and received
no result. Therefore, President, I wish to ask the Secretary whether he will
require the police officers in charge to notify the informants of the progress of theinvestigation within a certain period of time? Thank you, President.

SECRETARY FOR SECURITY (in Cantonese): Thank you, President. We
take every report of crime seriously. Of course, the investigation work is notstraightforward as these technology crimes may involve persons whom the victims
have never met before, calls from outside Hong Kong, or the use of electronicmeans to collect payments. In fact, we have already put in place an internal code
stipulating that we must notify the informant of any reported case of the progresswithin a specified period of time. People can rest assured that we already have acode in place for this. Thank you, President.

PRESIDENT (in Cantonese): Third question.

LEGISLATIVE COUNCIL ― 26 October 2022

5198

Assisting small and medium enterprises in financing
3.
MR ROBERT LEE (in Cantonese): President, according to the informationof the Hong Kong Exchanges and Clearing Limited (“HKEX”), the average daily
turnover of the stock market in Hong Kong fell from about $141.2 billion in August
last year to about $83.3 billion in August this year. Moreover, the statistics froman accounting firm have shown that in the first three quarters this year, the numberof initial public offerings and the amount of funds raised in Hong Kong decreased
by 36% and 81% respectively when compared with the same period last year.
There are views that the above data has reflected that the current market downturnis unfavourable for small and medium enterprises (“SMEs”) to seek listing for
financing. In this connection, will the Government inform this Council:(1)

whether it has plans to provide more flexible, balanced andsustainable solutions to broaden the avenues for SMEs to seek listingfor financing; if so, of the details; if not, the reasons for that;(2)

as some members of the financial sector have relayed that since quite
a number of listed companies have been affected by the epidemic in
recent years, resulting in a sharp drop in revenue, persistent businessloss or disruption to expansion plans, they have failed to meet therequirement of “carry[ing] out a business with a sufficient level ofoperations” under Rule 13.24 of the Listing Rules and their listings
may be suspended or cancelled by HKEX, whether the Government
will urge HKEX to be more flexible in enforcing the requirement
under that Rule, thereby assisting such SMEs in maintaining theiravenues for financing; and(3)

as there are views pointing out that the stock trading of quite a numberof SMEs has been sluggish after their listing, failing to attract
investors’ attention and financial institutions to analyse and promote
them, and the situation is unfavourable for the development of suchenterprises and their future financing, whether the Government will
study the establishment of a more vibrant secondary market trading
system with higher liquidity, thereby attracting more enterprises to listin Hong Kong for financing? Thank you, President.

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SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): President, thanks for the question from Mr Robert LEE. In
consultation with the Securities and Futures Commission and the Hong Kong
Exchanges and Clearing Limited (“HKEX”), my reply to the three parts of thequestion is as follows:(1) and (3) As a major global listing hub for companies from different
jurisdictions, Hong Kong has all along strived to build a vibrant and sustainable
fundraising hub regardless of short-term market conditions, so as to broaden thechannels for enterprises of different types and backgrounds to raise funds while
offering a deep and vibrant fundraising platform.
Since 2018, we have
implemented a series of reforms to the listing regime to facilitate the listing of new
economy companies and overseas issuers in Hong Kong, as well as introduced a
new listing mechanism for Special Purpose Acquisition Companies (“SPACs”),
thereby expanding the channels for enterprises to raise funds in Hong Kong. As
mentioned by the Chief Executive in his Policy Address last week, we support
HKEX to revise the Main Board Listing Rules next year to facilitate listing oflarge-scale specialist technology companies that have yet to meet the profit andtrading record requirements. HKEX is consulting the market on the detailed
proposals.
In addition, with a view to comprehensively strengthening thecompetitiveness of Hong Kong as an all-rounded fundraising hub, the Policy
Address also stated that HKEX would explore revitalizing GEM (i.e. the secondboard alongside the existing Main Board) to serve small- and mid-sized issuers,
providing a more effective fundraising platform for small and medium enterprises(“SMEs”) as well as start-ups. To this end, HKEX established a dedicated panel
under the Listing Committee to review the functions and positioning of GEM.
The work concerned involves many aspects, such as identifying the source ofpotential issuers which are suitable to raise funds through stock market but could
not meet the listing requirements of the Main Board or the existing GEM; assessing
the attractiveness and market liquidity of potential issuers, in other words, whether
they could attract investors to hold and trade relevant securities continuously;
exploring ways to enhance the liquidity of existing stocks; considering relevant risk
management measures, etc. Meanwhile, HKEX will also proactively makereference to the experiences of similar markets in other places, including thedevelopment of fundraising platforms for SMEs and innovative enterprises in the5200

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Mainland in recent years, including the Science and Technology Innovation Board(STAR Market) of the Shanghai Stock Exchange, ChiNext of the Shenzhen Stock
Exchange and the Beijing Stock Exchange.
HKEX is approaching different stakeholders for views with nopredetermined stance on relevant issues. It aims to propose specific measures
within the next year upon understanding the market demands as well as considering
relevant risks thoroughly, and will further consult the market.
We believe that after the implementation of the above, Hong Kong’s listing
platform will serve different types of enterprises more effectively, especiallyoffering technology companies and small- and mid-sized issuers fundraisingchannels with greater breadth and flexibility. It will be conducive to promoting
market development and bringing more opportunities to the securities and otherrelated industries.
(2) Apart from striving to enhance the breadth and depth of the securities
market, we also attach great importance to improving the quality of listed issuerswith a view to safeguarding the interest of the investing public. To address market
concerns that “shell companies” had led to the emergence of listed companies
which did not have substantial operations or business, resulting in speculative
activities and increased risks for market manipulation, HKEX revised Rule 13.24
of the Listing Rules in October 2019 after a market consultation. The revised rule
requires listed issuers to carry out a business with a sufficient level of operations
and have assets of sufficient value to support its operations.
When implementing the rule, HKEX will conduct a comprehensive
assessment based on the issuer’s individual circumstances, including its businessmodel, operating scale and track record, size and diversity of customer base, etc.
with reference to the practices and standards of the relevant industry. If anissuer’s business is only temporarily curtailed or suspended due to market
conditions, it will not be considered as a breach of Rule 13.24.
If HKEX considers that the issuer has failed to meet the requirements after
comprehensive consideration, it will suspend the relevant share trading inaccordance with Rule 6.01(3) of the Listing Rules and issue resumption guidance
to the issuer. HKEX will give the issuer up to 18 months to re-comply with theLEGISLATIVE COUNCIL ― 26 October 2022

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relevant requirements according to the actual circumstances. If the issuer fails tomeet the resumption conditions within the time limit, HKEX will consider delisting
its shares. While we consider it necessary to maintain the rule in ensuring market
quality and protecting investors’ interest, in light of the potential impact of theepidemic on trading resumption of some listed issuers, HKEX will handle eachcase flexibly having regard to the special circumstances arising from the epidemic.
Thank you, President.

MR ROBERT LEE (in Cantonese): Thank you, President. My thanks go to theSecretary for his reply. I would like to raise a follow-up question. Whendelivering his Policy Address, the Chief Executive explicitly mentioned “competingfor enterprises” and “competing for talents”. At present, the market sentiment isrelatively sluggish, and enterprises also have different options for financing andconducting transactions around the world. Shall we adopt a more aggressive andproactive approach to reduce transaction costs and regulatory barriers, so as toattract more enterprises to list in Hong Kong, thereby boosting the economy andcontributing to the country? Thank you.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Thank you, President. In fact, Mr LEE’s question is very broad.
Perhaps I can give a reply from several aspects. First, it involves how we canbroaden the financing channels of our market, so that we can do a better job in
attracting enterprises or talents. Therefore, Members can see that with theunveiling of the Policy Address, HKEX has immediately consulted the market on
the listing requirements for specialist technology companies. The relevant
consultation is now ongoing until 18 December this year. Let me take thisopportunity to call on Mr LEE and other market participants to actively express
their views. This is the first point.
Second, contributing to the country is another topic mentioned by Mr LEE amoment ago. We can see from our country’s development that technology is avery important element. For this reason, we have created a special financing
pathway this time around in the hope of attracting more outstanding andhigh-quality technology enterprises to list in Hong Kong. Looking back, wecreated a pathway for biotechnology companies in 2018, and 80 enterprises have

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listed in Hong Kong so far, thereby turning Hong Kong into the world’s second
largest fundraising hub for biotechnology after the United States (“US”). We
actually have the foundation, conditions and advantages in this area. We willcontinue to pursue such work. Thank you, President.

MR EDMUND WONG (in Cantonese): President, Hong Kong’s stock market has
recently experienced unprecedented volatility. Over the past two to three years,
the local initial public offering market has suffered a significant setback due to theepidemic and global economic uncertainties. This has indirectly affected quite a
lot of professional services, such as the business of lawyers and we the accounting
profession. In particular, as the regulatory bodies have given up the GrowthEnterprise Market in recent years, which has resulted in the near absence of newlistings on the Growth Enterprise Market, some small and medium practices havebeen greatly affected.
The Chief Executive’s Policy Address delivered last week has also mentioned
the revitalization of the Growth Enterprise Market to provide SMEs and start-ups
with a more effective fundraising platform, which is a good idea. May I ask theGovernment what experience the regulatory bodies have gained in developing the
Growth Enterprise Market over the past two decades, so as to ensure that the vortex
of “placing emphasis on regulation over development” can be avoided whenrevitalizing the Growth Enterprise Market in the future? How can we build atruly vibrant fundraising platform for the development of SMEs and start-ups inHong Kong? Thank you, President.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Thank you, President. Mr WONG’s supplementary question is avery good one, which touches upon how we can revitalize a market basing on ourpast experience of operating the Growth Enterprise Market or GEM. The GrowthEnterprise Market has gone through several rounds of reforms in the past. As
Members may recall, the Growth Enterprise Market was introduced against thebackground of technology and Internet-based business at the very beginning.
Therefore, at the outset, the criteria did not aim at attracting some enterprises withbroader prospects and more room for future growth. At the same time, there were
no quantifiable criteria for the sake of including more enterprises. The lack of

LEGISLATIVE COUNCIL ― 26 October 2022

5203

quantifiable criteria at the outset made it impossible for some intermediaries orenterprises to state clearly the circumstances under which the listing requirementsof the then Growth Enterprise Market could be met.
Therefore, when we revitalize the market in the next step, we need toconsider ways to explain some specific requirements clearly to facilitate theunderstanding by not only our operators but also market participants outside,
including issuers and intermediaries. This is also why we need time tocommunicate with various parties of the market to find out where this line should
be drawn. This is the first aspect.
The second aspect, which I also consider important, is that in order to achieveliquidity, or to revitalize the market, it is necessary to match or complement boththe supply and demand sides. Therefore, the listing of companies is certainly an
aspect of the issue, but on the other hand, it is also necessary to gauge the demandor investors’ needs. Hence, as I have also mentioned in the main reply, when
HKEX’s dedicated panel conducts the study on revitalizing the functions andpositioning of HKEX’s GEM, it should also explore the attractiveness and liquidityof the market, particularly the situation of investors to hold and trade relevant
shares continuously. It is because we of course need to look at the “supply” side,
but it is all the more important to look at the “demand” side. On that account, ourgoal is to develop a revitalized and useful market to serve those we ought to serve,
namely SMEs. Thank you, President.

MR ROCK CHEN (in Cantonese): President, I also wish to follow up theSecretary’s earlier reply in respect of revitalizing the Growth Enterprise Market.
May I ask the Government whether it will consider reintroducing the streamlined
transfer mechanism of the Growth Enterprise Market to facilitate some companies
that are already listed and traded on the Growth Enterprise Market to upgrade to
the Main Board after they have reached a certain level of scale and profitability,
so as to offer an advanced fundraising platform for these small- and mid-sized
listed companies? Thank you, President.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Thank you, President. As I have already said in the main reply at theoutset, we are currently conducting a market consultation on revitalizing the5204

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Growth Enterprise Market. Since we have no predetermined stance, we would
also like to listen to different views here. We have listened to the views expressedby Members just now, we will keep an open mind and will certainly deal with any
different views received. Nevertheless, no matter what the views are, in the final
analysis, we have to keep an eye on the quality of the market as a whole and protect
the interests of the general public, which also includes preventing the recurrence ofactivities creating “shell stocks”. Given so, with these goals in mind, we will
listen to different views to see how the entire market and its vibrancy can beenhanced. Thank you, President.

MR JIMMY NG (in Cantonese): Thank you, President. HKEX has recently
released a consultation paper in respect of revising the Main Board Listing Rules
to facilitate financing for advanced technology companies with scanty profits or
trading records. It has been mentioned that the minimum expected market
capitalization of commercial companies is HK$8 billion at the time of listing,whereas that of pre-commercial companies is HK$15 billion.
There arecomments that such thresholds are indeed too high, and quite a lot of companies ofa smaller scale also have high investment value and good potential. Will theauthorities consider adjusting these thresholds to attract more companies withgood potential to list in Hong Kong?

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Thank you, President. Considering the essence of this issue or the
feedback of some market stakeholders back then, investors of these high-quality
specialist technology companies mainly conduct valuation basing on the future
growth and earnings of these companies. This is also the reason why they tend toinvest in enterprises that have achieved high valuations before making goodearnings.
In fact, I would like to respond to the supplementary question raised by Mr
NG just now from two aspects. First, we have to formulate these two different
requirements because, after all, we also need to take another key point into account,which is to understand the needs of the market and investors while upholding
market quality.

LEGISLATIVE COUNCIL ― 26 October 2022

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Looking back at our requirements, when comparing the two of them, themarket capitalization requirement for commercial companies is lower than that forpre-commercial companies because they are already operating at a certain level.
This is the first aspect. On the other hand, just now I have mentioned that insofar
as the intent of such companies or the intent of their investors is concerned, they
are all in pursuit of expected returns in the future. Therefore, these companies
tend to have a higher market capitalization. This is the second aspect.
Third, we have eventually proposed this higher threshold due toconsideration from the perspective of market quality. It is because the thresholdfor commercial companies, as I have said earlier, reflects the valuation generally
associated with a “unicorn” company in the investment industry. This would help
ensure that applicants seeking listing under this regime and taking this pathway are
sufficiently attractive to investors.
Therefore, we have formulated these
proposals after taking this issue into account. Of course, a market consultation is
being conducted in the meantime and we welcome views from all sectors. Thankyou, President.

MRS REGINA IP (in Cantonese): President, I am glad to learn that the Chief
Executive mentioned in his Policy Address last week that a study would be
conducted on revitalizing the Growth Enterprise Market as well as enabling thosepre-profit companies to list like their counterparts in overseas market. The Chief
Executive has stressed that the SAR Government must enhance speed and efficiency
in handling its work. I would like to ask, just now the Secretary has indicated that
HKEX will complete the study within next year, right? Did I get it wrong?
There are 12 months next year, can they hurry up? Can he provide a clear
timetable? Because SMEs have been waiting for a really long time.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Thank you, President. As Mrs IP said, in fact we have mentioned
this issue in the Policy Address directly, which shows the importance that we attach
to it. This is the first point. Second, I have mentioned a timeframe in the main
reply, which is next year. Certainly, I also hope that it can be done as soon as
possible, since there has all along been a great deal of discussion in the entire
market. We also have to strike a balance because there are indeed a lot of views.
In fact, Mrs IP has been so kind to make arrangement for us to meet with manyindustry members and intermediaries during several consultation events in the past.

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After all, we wish to handle this issue cautiously and carefully, hoping to come up
with a proposal that everyone would like to see and accept. Therefore, we areaware of the need to act fast, but at the same time, we also need to balance such aneed. This is the first aspect.
Regarding the second aspect, although there is yet to be a concrete proposal
while the work on revitalizing GEM is still underway at this stage, our concern for
SME financing is always evident in our work. For instance, we have recently
encouraged more organizations to obtain green loans or financing under a grantscheme relating to green financing. And we have specifically lowered thethreshold from $200 million to $100 million.
In addition, recently―Members may have heard about it already―the Hong
Kong Monetary Authority has launched the Commercial Data Interchange just on
Monday. In fact, the aim is to make it easier for SMEs to meet the loanrequirements of some banks through the use of data and technologies, thereby
allowing banks to perform more effective credit analysis on these SMEs. As such,
we are actually pursuing this issue with a multi-pronged approach. However,regarding the concern about the timeframe as raised by Mrs IP, we have heard it
and will carry out the work as expeditiously as possible. Thank you, President.

MR STANLEY LI (in Cantonese): President, during my visit to the Associationof Southeast Asian Nations (“ASEAN”) earlier on, I found that the innovation andtechnology industries in ASEAN member countries have undergone rapid
development in recent years. Among them, there are many “unicorn” companies
and “potential unicorn” companies. Have the authorities considered how totarget their efforts on these high-quality enterprises regarding their listing in Hong
Kong for investment or financing activities? Thank you, President.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Thank you, President. This is exactly what we have been doing,
which is similar to the content of the supplementary question put forward by Mr LI
just now. I recently went to Manila and Bangkok on a business trip and met withmany local enterprises there. One of our selling points is of course the conditionsof our local market, while another is the recent announcement by the China
Securities Regulatory Commission to include international enterprises in the Stock
Connect. For international enterprises, including those from Southeast Asia, a

LEGISLATIVE COUNCIL ― 26 October 2022

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Hong Kong listing allows them to make use of not only the liquidity of Hong Kong,
but also the liquidity arising from southbound trading of the Mainland. In fact,
this is a very important and encouraging piece of news.
Of course, we are preparing for the Renminbi (“RMB”) counter at the sametime, so that while there can be an RMB counter for stocks under the Stock
Connect, funds can also be absorbed from the Mainland. Therefore, we willcontinue our work in this aspect, and we will also keep pressing ahead with it.
This is because we believe that enterprises use not only stocks but also bonds infundraising. In particular, the borrowing cost of RMB, i.e. their financing cost, isrelatively lower at present when compared with that of US Dollars. For thisreason, we also welcome and encourage enterprises to issue RMB bonds in HongKong. For example, there is a recent announcement regarding the issuance of
RMB bonds in Hong Kong by a Mainland provincial government for the first time,
as well as by the Shenzhen Municipal Government again. We will continue tomake our best efforts in this area, including promoting the stock and bond markets
and the RMB market, as well as capitalizing on national policies. We willcontinue to listen to Members’ views as well. Thank you.

PRESIDENT (in Cantonese): Fourth question.

Proactive integration into the development of the Guangdong-Hong
Kong-Macao Greater Bay Area
4.
MR CHAN YUNG (in Cantonese): Thank you, President. Thank you,
Secretary. The theme of the question raised by me is “Proactive integration intodevelopment of Guangdong-Hong Kong-Macao Greater Bay Area”. As we allknow, on 1 July this year …

PRESIDENT (in Cantonese): Mr CHAN Yung, please read out your mainquestion as per the wording printed on the Agenda.

MR CHAN YUNG (in Cantonese): On 1 July this year, the State President
remarked that the Central Government fully supports Hong Kong in its effort toseize historic opportunities offered by the national development and actively

LEGISLATIVE COUNCIL ― 26 October 2022

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dovetail itself with the national strategies such as the development of the
Guangdong-Hong Kong-Macao Greater Bay Area (“Greater Bay Area”). The
Chief Executive pointed out on the same day that the Government would leverageand combine the respective strengths of Hong Kong and the Mainland, andfacilitate the integration of Hong Kong’s basic research results with the industry
chains, talents, market forces, etc. on the Mainland, especially in the Greater Bay
Area. In respect of facilitating Hong Kong’s more proactive integration into thedevelopment of the Greater Bay Area for pursuing greater development, will theGovernment inform this Council:(1)

whether it will set up official organizations in the nine Mainland
municipalities of the Greater Bay Area to provide one-stop services
for Hong Kong people and Hong Kong enterprises; if so, of thetimetable or roadmap;(2)

how it will improve the functions of the Hong Kong Economic andTrade Office in Guangdong, so as to strengthen Hong Kong’s
communication and cooperation with Mainland authorities at alllevels, thereby grasping more comprehensively the national,
provincial and municipal conditions; and(3)whether it will recruit persons who are more familiar with Mainlandaffairs to serve as officials in charge of its official organizations in the
Mainland municipalities of the Greater Bay Area, so as to further
strengthen the communication and cooperation with local authorities,
better grasp the latest local information, as well as provide more
timely and better services for the Hong Kong people and Hong Kong
enterprises there?

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): President, in his report to the 20th National Congress of the Chinese
Communist Party, General Secretary XI Jinping depicted that China will continue
to develop the Guangdong-Hong Kong-Macao Greater Bay Area (“GBA”) andsupport Hong Kong and Macao in better integrating themselves into China’s
overall development and playing a greater role in realizing national rejuvenation.
On the other hand, dovetail with national strategies to create strong impetus for
growth is one of the key highlights in this year’s Policy Address. The
Government will establish the Steering Group on Integration into National
Development (“the Steering Group”) to be chaired by the Chief Executive, with

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5209

three Secretaries of Departments (i.e. the Chief Secretary for Administration, theFinancial Secretary and the Secretary for Justice) as deputies. The work of theSteering Group includes formulating strategic plans for Hong Kong to dovetail with
the GBA development, proactively forging ahead with development andcollaboration, and formulating work plans and priorities with a view to fostering agreater flow of people, goods, capital and information within GBA.
Under “one country, two systems”, Hong Kong has the distinctive andprominent advantages of enjoying strong support of the Motherland and being
closely connected to the world. GBA is the best entry point for Hong Kong tobetter integrate into the overall development of the country. The Hong Kong
Special Administrative Region (“HKSAR”) Government continues to capitalize on
Hong Kong’s strengths to serve the country’s needs and proactively take forward
the development of GBA. The HKSAR Government will also strengtheninterconnectivity between Hong Kong and other cities of GBA, so as to makegreater contribution to the national development, and to bring tremendous
opportunities and room for Hong Kong’s development.
Response to Mr CHAN’s question is set out below:(1)

With the support of the Central Government, the HKSAR
Government has proactively taken forward the development of GBA
through efforts at different levels, in order to support Hong Kong
residents and enterprises to make the best use of the opportunities
brought about by GBA. It also helps Mainland cities of GBA tap
into international markets, leveraging Hong Kong’s dual roles in“going global and attracting foreign investment”.
The Hong Kong Economic and Trade Office in Guangdong(“GDETO”) of the HKSAR Government and its Shenzhen Liaison
Unit whose service areas cover the nine Mainland cities of GBA, havejointly promoted the development of GBA and fostered thedevelopment of Hong Kong people and enterprises in GBA. To
further enhance publicity and promotion work in the Mainland cities
of GBA as well as the support to Hong Kong people and enterprises
there, GDETO will set up the “GBA Development Promotion Centre”(“Promotion Centre”). Through strengthening strategic cooperation
with the Hong Kong Trade Development Council (“HKTDC”),
InvestHK and relevant organizations and institutions in the Mainland,and by means of providing information and enquiries services,LEGISLATIVE COUNCIL ― 26 October 2022

5210

organizing seminars and study missions, the Promotion Centre will
promote opportunities as well as provide appropriate assistance toHong Kong people and enterprises who are interested in developing
in or have already settled in the Mainland cities of GBA. The
Promotion Centre will also combine with and utilize the network of
HKTDC’s “GoGBA Business Support Centres” which will expand to
the nine Mainland cities of GBA gradually, so as to better understandthe development needs of Hong Kong people and enterprises in the
Mainland cities of GBA, strive to assist them in resolving the
problems they encounter, and support them to develop their businesslocally.
Meanwhile, to enhance the promotion of Hong Kong’s dual roles in“going global and attracting foreign investment” in the developmentof GBA, the Promotion Centre will make use of different forms of
exchanges and promotional activities to encourage Mainland talents
and enterprises to capitalize on Hong Kong’s various advantages
under “one country, two systems” to explore more opportunities.
The preparatory work for the Promotion Centre is being taken forwardsmoothly and the Promotion Centre is expected to launch officially by
early next year. In addition, as announced in the Policy Address thisyear, Dedicated Teams for Attracting Businesses and Talents will be
set up in the Mainland offices to proactively reach out to target
enterprises and talents in the Mainland and persuade them to pursue
development in Hong Kong.
(2)

One of the key functions of Mainland offices is to maintain liaison
with various levels of government in the Mainland in order to getabreast of the latest development at the national and local level, toreflect the concerns and wishes of Hong Kong people and enterprisesin the Mainland as well as to discuss with the Mainland authorities onproviding appropriate assistance to Hong Kong people and enterprises
in distress in the Mainland as and when required. GDETO and its
three liaison units have all along been proactively liaising with various
government agencies in the five provinces and regions under its
coverage, including the different Hong Kong and Macao Affairs
Offices, Development and Reform Commissions, Departments ofCommerce and Departments of Public Security. Both sides fromtime to time discuss various matters and policies and cooperate inLEGISLATIVE COUNCIL ― 26 October 2022

5211

organizing and participating in various events. Currently, GDETO
and its Mainland counterparts have maintained effective
communication and cooperation, and it is expected such effort will befurther strengthened in the future. Serving as our goal to further
strengthen cooperation with the Mainland authorities, we have set key
performance indicators in this year’s Policy Address where thenumber of Mainland offices organizing visits to Mainland authorities
or bodies and the number of Mainland office attending speaking
occasions will increase by 15% in 2024 as compared to 2022.
(3)

In addition to maintaining contact and liaison with the Mainlandauthorities, Mainland offices also report to the HKSAR Government
about the latest development in the Mainland, and facilitate theexchange and collaboration between the two places in trade,investment, culture, etc. As the head of a Mainland office has torepresent the HKSAR Government in handling official matters with
the Mainland authorities, as well as to shoulder the financial and legal
responsibilities associated with the use of public money and various
contractual arrangements, the candidate leading a Mainland officeshould thus possess vast public administrative experience and be
familiar with the policies, division of labour and internal operation of
the HKSAR Government. A senior civil servant with extensive
executive experience and ability taking up the post of the head of a
Mainland office will lead the office to operate smoothly and discharge
its relevant functions effectively.
Currently, GDETO is the official body of the HKSAR Government in
the Mainland in forging ahead and following up on the relevant
matters relating to the development of GBA. The post of the
GDETO Director is an established permanent civil servant post, filled
by an experienced administrative officer at the directorate rank. It
has all along been the practice of the HKSAR Government to select asuitable civil servant in terms of seniority and experience to take up
the post of Director of a Mainland office. In fact, there is no shortageof officers within the HKSAR Government who are familiar withMainland affairs. Take for instance, in the current GDETO, theincumbent Director and various Deputy Directors have working
experiences in the Mainland. Regardless of whether HKSAR
Government officials have stationed or worked in the Mainland in the5212

LEGISLATIVE COUNCIL ― 26 October 2022
past, the duties of these officials nowadays are deeply involved indovetailing with national strategies and communicating with theMainland. In addition, GDETO has also employed local andexperienced staff members, who work with Hong Kong-based officers
collectively to provide better support to Hong Kong people andenterprises in the Mainland. Thank you, President.

MR CHAN YUNG (in Cantonese): Thank you, President. Thank you, Secretary
Erick TSANG. We know that in view of the epidemic, the authorities have been
making active preparations in the Mainland. We can also see from the Policy
Address that Secretary Erick TSANG has done more preparatory work than before.
Opportunities are always reserved for those who are prepared. Therefore, we
hope that the authorities can make more preparations, including further
strengthening the functions of various Mainland offices as mentioned by the
Secretary.
The epidemic has caused inconvenience to cross-city communication. For
this reason, apart from the existing work of attracting enterprises, investments andtalents, the offices must also take into account the needs of Hong Kong people andthe general public in their daily lives, with a view to providing them with greater
convenience and more comprehensive support when quarantine-free travel
resumes in the future, with more thorough consideration in various aspects such as
the processing of documents and healthcare. In this connection, regarding theappointment of Directors and Deputy Directors of the Mainland offices, will theauthorities more actively consider introducing experienced elites from different
sectors in society, as in the present practice of appointing Secretaries ofDepartments and Directors of Bureaux …

PRESIDENT (in Cantonese): Mr CHAN Yung, you have already raised a
supplementary question. Please let the Secretary reply.

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): Thank you, President. Mr CHAN hopes that we can further enhance
the functions and effectiveness of the Mainland offices. In this regard, we will
review the situation from time to time, with a view to doing better in all aspects
such as effectiveness and practical work.

LEGISLATIVE COUNCIL ― 26 October 2022

5213

In fact, despite the isolation arrangements currently implemented in the
Mainland, 11 liaison units are in place across the country in addition to our five
Mainland offices, which we believe are sufficient to reach out to Hong Kong
residents in the local or neighbouring regions and provide them with appropriate
assistance. In this regard, we will continue to explore ways to further enhance ourservices, so that Hong Kong residents and enterprises can receive greater support
in the Mainland. Thank you, President.

DR HOEY SIMON LEE (in Cantonese): Thank you, President. I am very
pleased to see that the authorities have all along adopted many initiatives topromote the development of GBA and assist Hong Kong people who are developing
their business in GBA. However, as we all know, for the development of GBA to
be successful, the interface between the systems of the two places is in fact highly
important. May I ask the Secretary, in relation to the centre or platform
mentioned by Mr CHAN Yung, whether the authorities will further promote theinterface of the systems of the two places, especially in the areas of social andlivelihood issues (e.g. healthcare) and professional services (e.g. law, finance andaccounting)?

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): Thank you, President. I thank Dr LEE for his supplementaryquestion. First of all, I very much agree with Dr LEE’s remarks because after all,the development of GBA involves the background of one country, two systems,
three customs areas and three currencies. Therefore, to do a good job in thedevelopment of GBA, the first and foremost step is to create the conditions andplatforms facilitating mutual cooperation for interconnectivity on various fronts.
For this reason, we have always stressed that in the development of GBA,
the priority task is to facilitate the flow of people, goods, capital and information,and provide good interconnectivity. In this regard, we will continue to strive tofacilitate the flow of the four key elements mentioned just now, fostering
connectivity in terms of hardware facilities, the flow of personnel, the alignment ofrules, the flow of capital and the people’s everyday life. These are the goals wemust strive to achieve. As for the specific work, different Policy Bureaux will,
under their respective purview, progressively break through all the barriers towards
these goals, thereby promoting the overall development of GBA.

5214

LEGISLATIVE COUNCIL ― 26 October 2022

IR DR LO WAI-KWOK (in Cantonese): Thank you, President. Just now the
Secretary mentioned many services of GDETO in his reply, but it seems he has not
given us a concrete understanding of how GDETO will expand its network ofservices in respect of the services needed by Hong Kong people in the entire GBA.
Here I am not referring to online platforms or that sort, since the Secretary has
mentioned the work of GDETO and its three liaison units, but the nine Mainland
cities in GBA are quite extensive in area. If there is not any liaison unit of a larger
scale in these nine Mainland cities to genuinely serve Hong Kong people, can such
units be set up as soon as possible in the future?

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): Thank you, President. I thank Ir Dr LO Wai-kwok for his
supplementary question. It is precisely because we wish to strengthen our
promotion work in the Mainland cities in GBA that we have proposed in this year’s
Policy Address to set up the “GBA Development Promotion Centre” under
GDETO. The Promotion Centre will mainly provide support and advisory
services to Hong Kong residents and enterprises there, and offer assistance andsupport when necessary.
Although the Promotion Centre will be located in Guangzhou for the time
being, it will work strategically with various service centres under HKTDC andInvest HK. If need be, services may be provided to Hong Kong people and Hong
Kong enterprises at these service points.
Besides, GDETO’s service area covers five provinces, including the
Guangdong Province. The nine Mainland cities in GBA are certainly included
too. Hence, promotion work has all along been conducted there. In the past twoto three years, GDETO has carried out many different promotions on thedevelopment of GBA, and it will further enhance its work in this regard.

PRESIDENT (in Cantonese): Ir Dr LO Wai-kwok, which part of yoursupplementary question has not been answered?

IR DR LO WAI-KWOK (in Cantonese): It seems the Secretary has not directly
answered my supplementary question because my concern is that if GDETO has
not directly set up any service point in the nine Mainland cities in GBA, it should

LEGISLATIVE COUNCIL ― 26 October 2022

5215

really set up a liaison unit rather than providing services through a cooperative
network. The Promotion Centre mentioned by the Secretary just now will be set
up in Guangzhou only, but I wish to request the Secretary to consider establishingspecific service points in all the nine cities in the Pearl River Delta in the future.

PRESIDENT (in Cantonese): Secretary, do you have anything to add?

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): Ir Dr LO’s view is exactly what we have in mind. Now our first stepis to set up the Promotion Centre in Guangzhou. Then we will provide services
in different locations through strategic collaboration with other organizations.
Next, depending on the situation, we will expand the scope of the service points
when necessary.

IR GARY ZHANG (in Cantonese): Thank you, President. The Secretarymentioned just now that facilitating the flow of people is an important part inpromoting the development of GBA. Despite the current impact of the epidemic,
we can still plan ahead for certain tasks.
I would like to ask specifically whether the Government will coordinate andexplore with the relevant Mainland authorities to introduce measures to enable
Hong Kong residents who are not of Chinese nationality, i.e. Hong Kong residents
who do not have any Home Visit Permit, to enter and leave other GBA cities moreconveniently, so as to give better play to Hong Kong’s advantage of having “strong
support from the Motherland and close connections with the world”. Thank you,President.

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): Thank you, President. I thank Ir ZHANG for his suggestion. In
fact, promoting the flow of personnel in the Bay Area is an important direction andobjective of our work. Regarding how to facilitate the flow of people, apart from
Hong Kong residents or residents of the Bay Area, we also have some suggestions
and ideas on the arrangements for residents holding foreign nationality.
Currently, we are discussing with the relevant Mainland authorities to explore ways

5216

LEGISLATIVE COUNCIL ― 26 October 2022

to further enhance the facilitation arrangements for Hong Kong residents withforeign nationality to enter and leave the Bay Area.

MS YUNG HOI-YAN (in Cantonese): I am very pleased to see in this year’s
Policy Address the proposal on the establishment of the new Steering Group on
Integration into National Development, which I believe will foster a greater flowof people, goods, capital and information in GBA at a higher level.
I have also noticed that in some cases recently received by us, some Hong
Kong specialist dentists wish to work or practise in GBA, but they are faced withdifferent difficulties. Just now the Secretary also mentioned the establishment of
Dedicated Teams for Attracting Businesses and Talents, but the Dedicated Teams
seem to aim at attracting professionals from GBA to come to work in Hong Kong.
For professionals who wish to go to work in GBA from Hong Kong in the otherway round, in what ways can the Secretary assist them?

SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (inCantonese): Thank you, President. I thank Ms YUNG for her supplementaryquestion. As I said just now, one of our objectives is to seek to take necessary
measures to facilitate the alignment of rules and interaction of personnel.
In respect of professional services, it has always been our wish to implement
more professional accreditation with the Mainland authorities, so that Hong Kong’s
professional service personnel may go to the Mainland cities in GBA to pursue
development and provide services. In this connection, we are progressively
implementing the relevant arrangements, including legal services as well asarchitectural and related professional services mentioned by me earlier, for which
recognition of qualifications has become available one after another, together withregistration service. More measures will follow. In fact, the Mainlandauthorities also hope that more Hong Kong professionals will go to develop in
GBA. We believe that in this respect, we will be able to roll out more relevantarrangements from future discussions.

PRESIDENT (in Cantonese): Fifth question.

LEGISLATIVE COUNCIL ― 26 October 2022

5217

Hong Kong’s participation in the Belt and Road Initiative
5.
DR TAN YUEHENG (in Putonghua): Thank you, President. The State
President, in his speech on 1 July this year, mentioned that Hong Kong’s distinctive
status and advantages must be maintained, and remarked that the Central
Government fully supports Hong Kong in its effort to expand and facilitate its
exchanges with the world, as well as actively dovetail itself with the national
strategies such as high-quality Belt and Road development. In this connection,
will the Government inform this Council:(1)

of Hong Kong’s contribution in its participation in the investment andfinancing for the infrastructure projects in the Belt and Road
countries and regions since it became a member of the AsianInfrastructure Investment Bank in 2017 (including whether the
expected contribution has been achieved), and what plans are put inplace to enhance the degree of its contribution;(2)

whether it has considered conducting a review on the Government’s
achievements in respect of its efforts in the past three years to dovetailwith the Belt and Road development, and formulating an upgradedversion of its implementation plans for dovetailing with the Belt andRoad Initiative; if so, of the details; if not, the reasons for that; and(3)whether it has considered helping the Belt and Road countries toestablish different types of economic development zones by copying
the successful experience of the Mainland in establishing economic
development zones, as well as initiating some distinctive“Mainland-Hong Kong-Belt and Road countries” projects on
economic cooperation and development zones, so as to facilitate Hong
Kong’s industrial restructuring; if so, of the details; if not, the reasonsfor that?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (inCantonese): Thank you, President. The Government of the Hong Kong Special
Administrative Region (“HKSAR”) has been earnestly promoting the community
to advance Hong Kong’s participation in and contribution to the Belt and Road
Initiative (“B&RI”) by signing agreements with relevant countries; taking forward

LEGISLATIVE COUNCIL ― 26 October 2022

5218

collaborations in the areas of trade and investment, international finance andcultural exchanges; as well as promoting Belt and Road project participation by
Hong Kong enterprises and professional services. We have endeavoured toleverage Hong Kong’s advantages to meet our country’s needs. Our efforts arebeing fully recognized by the Central Authorities.
In proactively pursuing the cause, the HKSAR Government will continue tomake the fullest of our unique advantages under the “one country, two systems”.
With the “dual circulation” development strategy of our nation and the support of
the National 14th Five-Year Plan, we will better integrate Hong Kong into thenational development and proactively align with the National 14th Five-Year Plan.
Taking the opportunities brought about by B&RI, Hong Kong will proactively
become a participant in domestic circulation and a facilitator in international
circulation. We will give full play to Hong Kong’s role as the functional platform
for Belt and Road, and endeavour to enhance the community’s understanding of
the Initiative.
My reply to the three parts of question raised by Dr TAN Yueheng is asfollows:(1)

The Asian Infrastructure Investment Bank (“AIIB”) commenced
operation in 2016, with a mission to enhancing connectivity amongst
Asian economies and fostering sustainable economic development
through investments in infrastructure. Since Hong Kong became a
non-sovereign member of AIIB in 2017, we have actively participatedin the work of the bank. Apart from actively attending meetings anddiscussions relevant to AIIB’s work on governance and other aspects
in our capacity as one of the Governors, we have seconded staff to
AIIB to support its work on legal, financial, administration and humanresources management aspects.
We made a US$10 million
contribution to the AIIB Project Preparation Special Fund in 2019 toassist low-income countries in carrying out technical preparation workfor pursuing infrastructure projects. In addition, Hong Kong’s
professional services providers have over the years provided
procurement services amounting to over US$10 million, covering
auditing, consultancy, information technology and staff development,
etc., to AIIB.

LEGISLATIVE COUNCIL ― 26 October 2022

5219

Since its commencement of operation, AIIB has successfully
approved 190 projects, assisting over 30 economies to build facilities
of energy, transportation, health, water supply, education, etc. In
future, we will continue leveraging Hong Kong’s strengths as aninternational financial and business centre to provide support to thework of AIIB. That includes continuing the discussion with AIIB on
ways to make good use of Hong Kong’s advantage to facilitate its
treasury management work; encouraging AIIB to raise funds throughHong Kong’s capital markets by, for example, issuing bonds; andpromoting Hong Kong’s world class professional services such asaccounting, legal and mediation and arbitration services to AIIB
projects.
(2) and (3)Regarding the second and third parts of the question, the HKSAR
Government has adopted a whole-government approach in taking
forward B&RI. Relevant bureaux and departments are committed toformulating measures in different areas in pursuing B&RI, including
in expanding international economic and trade networks; promoting
collaboration and project participation by Hong Kong enterprises andprofessional services; strengthening government-to-government(“G-to-G”) collaboration; and enhancing policy coordination with theCentral Authorities.
From time to time, the Commerce andEconomic Development Bureau (“CEDB”) had reported progress to
the Commerce and Industry Panel of the Legislative Council andheeded Members’ views.
The Chief Executive has just announced in his Policy Address theestablishment of a Steering Group on Integration into the National
Development. CEDB will render full support to the related work of
the Steering Group by taking an overall review of the work progressby different bureaux and departments in pursuing the Initiative since
its announcement in 2013. We will strategically plan the next stageof work on this basis so as to formulate measures to enhancecooperation with Belt and Road related countries in areas of trade andcommerce, professional services and cultural exchanges, with a view
to better supporting our nation’s Belt and Road development.

5220

LEGISLATIVE COUNCIL ― 26 October 2022
In the coming year, with gradual resumption of social and economic
activities, CEDB will actively roll out different initiatives and enhance
the G-to-G collaboration, including co-organizing seminars/webinars
at the government level with Belt and Road related countries topromote the participation of more enterprises and professionals fromdifferent sectors. We will continue to establish and make use of
exchange and collaboration platforms, including the annual Belt andRoad Summit, exchange and sharing sessions for enterprises, andproject matching meetings to facilitate Hong Kong enterprises andprofessional services to seize Belt and Road opportunities.
Conditions permitting, we will resume business and professional
missions to Belt and Road related countries, e.g. ASEAN and the
Middle East. Moreover, we will proactively explore with the
Ministry of Commerce (“MofCom”) on organizing further joint
missions.
I would like to thank Dr TAN for raising the successful experience ofMainland’s economic development zones.
The HKSAR
Government has indeed successfully engaged MofCom in identifying
five overseas Economic Trade and Co-operation Zones (“ETCZs”) in
ASEAN as pilots. They are Malaysia-China Kuantan Industrial Park
(Malaysia), Thailand-China Rayong Industrial Park (Thailand),Kawasan Industri Terpadu Indonesia-China (Indonesia), CFLD
Karawang New Industry City (Indonesia) and Sihanoukville Special
Economic Zone (Cambodia).
Hong Kong enterprises areencouraged to capitalize on these ETCZs for Belt and Road businessdevelopment.
In this connection, a Memorandum of Understanding on enhancing
exchanges and cooperation in promoting high-quality development of
ETCZs was signed between the HKSAR Government and MofCom
in September last year. In addition, CEDB and the Commercial
Office of the Economic Affairs Department of the Liaison Office of
the Central People’s Government (“LOCPG”) in the HKSAR had
jointly organized two webinars and an online focus networking
session, which introduced the general business environment anddevelopment situation of ETCZs concerned, and lined them up with
Hong Kong enterprises.

LEGISLATIVE COUNCIL ― 26 October 2022

5221

Looking ahead, pursuant to the principle of “government providing
guidance, enterprises taking the lead, and market-oriented operation”,
the HKSAR Government will continue to encourage Hong Kong
enterprises to invest and set up businesses at ETCZs, and strengthen
their interfacing. At the same time, CEDB will again jointly
organize with the Commercial Office of the Economic Affairs
Department of LOCPG in HKSAR an online exchange session on
ETCZs in end November this year. It will highlight the latest
development, related operation arrangements and supporting facilities
at Long Jiang Industrial Park in Vietnam, PT Indonesia Morowali
Industrial Park and Laos Vientiane Saysettha Development Zone, witha view to encouraging Hong Kong enterprises to cooperate with more
ETCZs and Belt and Road countries to share and build on Belt andRoad opportunities.

DR TAN YUEHENG (in Putonghua): Thank you, President, and I thank the
Secretary for his explanation. I would like to ask a supplementary question. The
Belt and Road refers to the Silk Road Economic Belt and the 21st Century Maritime
Silk Road, and regarding the ETCZs concerned, probably they are mainly locatedat the Maritime Silk Road whereas the Silk Road Economic Belt on land is lessinvolved.
At present, the Silk Road Economic Belt stretching from theNorthwestern part of the Mainland to Central Asia is becoming more and morevibrant. During his inspection in Xinjiang, the State President said that Xinjiang
was no longer an area lying on the fringe of the border but the heart of the Silk
Road Economic Belt. May I ask whether the Government has any plans toparticipate in developing the inland areas of the Silk Road Economic Belt? Thankyou.

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (inCantonese): I thank the Member for his question. Our future work plan willfeature a government-led deputation to Xinjiang next year, and this is one of thedirections of our work on B&RI. In fact, we will, on the other hand, also lead a
deputation to the Middle East to explore room for cooperation with a new economy,
and this is also another direction and perspective of cooperation for B&RI and thatis, through collaboration with MofCom on the Mainland, we will look into how, intaking forward B&RI, we can assist the Central Authorities in the development of
B&RI. Thank you.

5222

LEGISLATIVE COUNCIL ― 26 October 2022

DR HOEY SIMON LEE (in Cantonese): Thank you, President. Thank you,
Secretary. My supplementary question is actually related to the supplementaryquestion asked by Dr TAN just now. We can see that most of the work being
carried out now focuses on ASEAN and Southeast Asia, which is reasonable given
the geographical advantages of Hong Kong. But the fact is that B&RI also
includes a lot of investment in Central Asia, and regarding the investment in
ASEAN and that in Central Asia, we can also see a big difference in the types ofinvestment between them as investment in Central Asia mainly involve energy, etc.
Actually, as we can see, and as reflected to me by many Hong Kong enterprises,
they have encountered many difficulties when investing in Central Asia or facedsome challenges under some special environment there. Of course, theseenterprises are, in fact, very experienced, but I would like to know whether the SAR
Government and the Bureau will, in this regard, adopt measures to renderassistance to Hong Kong businessmen, especially those targeting their investment
in Central Asia. Thank you.

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (inCantonese): I thank the Member for his question. In fact, regarding investment inCentral Asia, the Government will send a deputation to Middle East countries,
namely, the United Arab Emirates and Saudi Arabia, next year to explore business
opportunities. In Dubai of the Middle East, we have also set up an Economic andTrade Office (“ETO”) responsible for all relevant businesses in the Middle East
and Central Asia. Actually, the B&RI website provides a lot of information onthese countries, including information on 370 service providers and 680
infrastructure projects. This is some basic information provided to help theenterprises understand what they should pay attention to when investing in Central
Asia. Our ETO in Dubai and the economic and commercial office of thecountry’s Consulate are more than happy to assist Hong Kong enterprises.
Assistance will be provided to them in making investments in the Middle East orCentral Asia.

MR SUNNY TAN (in Cantonese): President, I am glad and grateful that in the
Policy Address the Chief Executive has introduced a series of measures to promote
high-quality development of B&RI, which include establishing the Steering Groupon Integration into National Development to be chaired by the Chief Executive.
In fact, many industries, such as our textiles and garment industry, have long set
up factories and businesses and also conducted activities by joining forces with ourLEGISLATIVE COUNCIL ― 26 October 2022

5223

Mainland counterparts in places along the Belt and Road, and we have establishedstable networks and influence in Belt and Road countries. I wish to ask the
Secretary this: Can the Government put in place more policy measures to enhance
the Government’s interaction and collaboration with the industrial and businesssector as well as Hong Kong enterprises that are operating in Belt and Road
countries and ASEAN countries, in order to further promote Hong Kong’s
participation in and contribution to the high-quality development of B&RI?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (inCantonese): I thank the Member for his question. As I said in the main reply
earlier, we are going to take Hong Kong enterprises to several industrial parks in
ASEAN countries to explore room for cooperation. In the process, certainly ouroverseas offices will liaise with the business associations and enterprises there, inthe hope that by borrowing their local experience, we can provide important
information and assistance to Hong Kong companies or enterprises interested ininvesting in these places.
Let me cite an example. I have been to Cambodia and during our meetings
with the Hong Kong business association there, we were provided with a lot of
information by the Hong Kong business association to share with Hong Kong
enterprises on our return. They also mobilized plenty of efforts to help enterprises
in Cambodia. As part of our future work, we hope to lead business deputations toSoutheast Asian countries to visit their industrial parks and conduct businessmatching with the business associations and Hong Kong enterprises there to build
up relationships and hence enhance our cooperation with them. This can help
Hong Kong enterprises set up operations in Belt and Road countries, and we will
also cooperate with the economic and commercial offices of the Consulates.
Through a lot of channels and platforms, we can help Hong Kong enterprises
set foot in these Belt and Road countries. In the future, we will expand thefunctions of these ETOs and enhance their functions and roles mainly in forging
stronger ties with the Hong Kong organizations or enterprises there, in the hope ofleveraging the collaborative efforts to make contribution to the Hong Kong
economy and also to the setting up of operations by Hong Kong enterprises in Beltand Road countries.

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LEGISLATIVE COUNCIL ― 26 October 2022

MR CHAN CHUN-YING (in Cantonese): Thank you, President. In the main
reply the Secretary set out many government initiatives to promote B&RI, but
actually there are many Islamic countries along the Belt and Road and theirdevelopment projects are closely related to Islamic financial services. In 2014,2015 and 2017, three sukuk totalling US$3 billion were issued in Hong Kong, andwe were also the first AAA-rated government in the world to issue
USD-denominated sukuk with a 10-year tenor. Moreover, 57% of the last batchof these bonds was allocated to Asian investors, 25% to Middle East investors and
18% to European investors, and this has fully reflected some of our advantages as
an international financial centre.
In this connection, to better participate in the development of B&RI, weshould at the same time take up a certain role in Islamic finance. President, myquestion is: What does the Government think about the next step of development?

PRESIDENT (in Cantonese): Which public officer will reply?
for Financial Services and the Treasury, please.

Under Secretary

UNDER SECRETARY FOR FINANCIAL SERVICES AND THE
TREASURY (in Cantonese): Thank you, President. I very much thank theMember for his supplementary question. As the Member has said, the Belt andRoad covers quite a number of Islamic countries and therefore, Islamic financeplays a crucial role in financing in the region. To promote the development ofIslamic finance including the sukuk market in Hong Kong, actually we have taken
a diversity of concrete measures. Apart from the sukuk issued by us as mentionedby the Member just now, in order to build a conducive platform for sukuk issuance,
we amended our laws in 2013 and 2014 respectively to provide a tax structure forsukuk which is comparable with that for conventional bonds, and to allow for theissuance of sukuk under the Government Bond Programme.
Hong Kong has already demonstrated the viability of its platform for sukuk
issuance, and our legal, regulatory and taxation framework can readily support
sukuk issuances, including sukuk of different structures. In fact, many Islamic
financial products and services have been introduced in the market of Hong Kong,
including the listing of global sukuk on the Hong Kong Stock Exchange, Islamic
funds and Islamic banking windows.

LEGISLATIVE COUNCIL ― 26 October 2022

5225

Looking ahead, we will continuously strengthen the promotion of the meritsof Hong Kong’s financial system and market to Belt and Road countries andregions, so as to attract foreign investment and financing activities in Hong Kong,
including market institutions and stakeholders who are interested in taking part in
our Islamic financial activities. Thank you, President.

MR YIM KONG (in Cantonese): Thank you, President. National strategies suchas B&RI have continuously brought new opportunities to Hong Kong andparticularly, while we face complex, ever-changing international geopoliticaldevelopments and as Western countries, such the United States, tend to adopt
policies with the aim of decoupling from China, Hong Kong can, through ourparticipation in the development of B&RI, closely cooperate with more countries
worldwide, so as to boost our strengths and diversify risks at the same time.
May I ask the Secretary this: Apart from encouraging Hong Kong
enterprises to “go global”, has the Government considered taking targeted
concessionary measures to attract strategic enterprises from Belt and Road
countries to, on the condition of meeting certain requirements, pursue developmentin Hong Kong, such as providing them with funding support? Thank you.

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (inCantonese): I thank the Member for asking this very good supplementary question.
This is also in line with the establishment of the Office for Attracting StrategicEnterprises and Advisory Committee on Attracting Strategic Enterprises
mentioned by the Chief Executive in the Policy Address to explore what enterprises
should be attracted to set up operations in Hong Kong, thereby bringing long-term
benefits and development for Hong Kong.
In the process, we will provide these enterprises with tailor‑made support
plans covering aspects such as land, tax and financing, and also in the areas of visa
application and education for their children. This is a key initiative, andconcerning the decisions made under this initiative, we will identify strategic
enterprises, including those in Belt and Road countries, and facilitate the setting upof their operations in Hong Kong. This is a task that we need to complete within
this year, and we also have to compile a list of the relevant enterprises within thisyear. This can precisely answer the supplementary question asked by the

LEGISLATIVE COUNCIL ― 26 October 2022

5226

Member. We will devise different plans tailor made for different enterprises, inthe hope of attracting them to Hong Kong to make contribution to the long-term
economic development of Hong Kong.

PRESIDENT (in Cantonese): Last question seeking an oral reply.

Support for community organizations and groups
6.
DR CHOW MAN-KONG (in Cantonese): President, it is learnt that theGovernment intends to strengthen its communications with district grassroots
organizations and groups in order to unite different sectors of the community towork together to solve problems.
Regarding the support for community
organizations and groups, will the Government inform this Council:(1)

whether the Government put in place dedicated funds or subsidy
schemes in the past five years to provide the following categories oforganizations or groups with subsidies to launch district andgrassroots services: (i) district grassroots organizations,(ii) agriculture and fisheries organizations, (iii) clansmen
associations, (iv) youth groups, (v) women’s groups, (vi) associationsof Hong Kong residents in the Mainland, (vii) social welfareorganizations established before Hong Kong’s return to themotherland, and (viii) international organizations; if so, of the details,
as well as the amounts of funding granted annually to each categoryof organizations or groups and their percentages in the total amountof funding;(2)

whether it will consider establishing a regular liaison mechanism,
formulating support policies and launching new and dedicatedsubsidy schemes for district grassroots organizations, agriculture andfisheries organizations, clansmen associations, youth groups,
women’s groups and associations of Hong Kong residents in the
Mainland, as well as increasing subsidies for such organizations orgroups, with a view to more effectively implementing the targets of“strengthening
communications
with
district
grassroots
organizations and groups” and “setting up a systematic network ofvolunteers” as proposed by the Chief Executive in his election
manifesto; if so, of the details; if not, the reasons for that; andLEGISLATIVE COUNCIL ― 26 October 2022
(3)

5227

as there are views pointing out that quite a number of the six
categories of organizations or groups mentioned in (2) as well as
emerging organizations or groups are unable to obtain the necessary
resources for launching services, whether the Government will ensurethat such organizations or groups (particularly those which are in linewith the Government’s governance philosophy) can obtain thenecessary resources; if so, of the details; if not, the reasons for that?

SECRETARY FOR HOME AND YOUTH AFFAIRS (in Cantonese):
President, the Government is strongly committed to strengthening communications
with district grass-roots organizations and groups, and working together withdifferent sectors of the community to promote government policies with aresult-oriented approach to tackle social problems in a pragmatic manner. The
organizations and groups mentioned in the question, including district grass-roots
organizations, agriculture and fisheries organizations, clansmen associations, youth
groups, women’s groups, associations of Hong Kong residents in the Mainland,social welfare organizations and international organizations, involve a number of
Policy Bureaux and departments.
In consultation with the bureaux anddepartments concerned, my consolidated reply is as follows:(1)

The Government has put in place subsidy schemes and dedicatedfunds to provide district grass-roots organizations, women’s groups
and youth groups with subsidies to launch various services, forexample, support services for ethnic minorities and mental healthinitiatives provided by district grass-roots organizations, projects forpromoting women’s development organized by women’s groups, andyouth exchange, internship, entrepreneurship and life planning
projects organized by youth groups. Details of the funding in thepast five years are set out in the Annex.
In addition, welfare services operated by non-governmentalorganizations (“NGOs”) and groups, including elderly care services,
rehabilitation services, services for young people, and family andchild welfare services, are mainly funded by the Government. By
adopting a “services-based” approach, the Social Welfare Department(“SWD”) provides different types of subvention and subsidy to theLEGISLATIVE COUNCIL ― 26 October 2022

5228

NGOs operating welfare services for serving those in need. In thepast five years, SWD’s allocation of recurrent subventions to NGOs
are tabulated below:Year2017-20182018-20192019-2020
2020-2021
2021-2022

Recurrent subventions ($ billion)
14.32815.97618.476
20.39721.435(2) and (3)Besides, the Member suggested that the Government establish aregular liaison mechanism, formulate support policies and launch
subsidy schemes for the six categories of groups, namely districtgrass-roots organizations, agriculture and fisheries organizations,clansmen associations, youth groups, women’s groups andassociations of Hong Kong residents in the Mainland. All along, theGovernment has been working in the best interests of Hong Kong
people by collaborating with various groups and organizations, while
optimizing and rallying the resources and efforts of all sectors topromote government policies, with a view to meeting the public
aspiration in a practical manner for the well-being of the community.
In addition to providing resources to relevant groups andorganizations as appropriate, bureaux and departments also
communicate and cooperate with the groups and organizations
concerned in different ways, or provide appropriate policy support.
In terms of welfare services, in order to cater for the ever-changing
service demands of society, the Labour and Welfare Bureau (“LWB”)
and SWD review publicly-funded services and projects from time totime, and provide different types of subvention and subsidy to theNGOs operating welfare services, facilitating NGOs to not only
continuously enhance and improve existing services, but also develop
innovative modes of welfare service provision to meet the latest
development needs of society and keep abreast of the times.

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In order to support the agriculture and fisheries sector and promote
modernization and sustainable development of the industries, theEnvironment and Ecology Bureau and the Agriculture, Fisheries andConservation Department have been maintaining close liaison withand providing technical, training and financial support to theagriculture and fisheries sector. For example, in order to support thesector in the application of technology and intensification of
production, and enhance their overall competitiveness, theGovernment has established the Sustainable Fisheries Development
Fund and Sustainable Agricultural Development Fund with$500 million each.
In respect of youth, young people are Hong Kong’s future. “HongKong will prosper only when its young people thrive”. The
Government attaches great importance to education and youth
development. For example, the Home and Youth Affairs Bureau(“HYAB”) already provides recurrent subvention to youth uniformedgroups established by the community to support their provision of
informal education and training to young people which serves to help
them foster positive values, strengthen leadership skills and attainwhole-person development. Meanwhile, HYAB and the Youth
Development Commission have also launched funding schemes tosubsidize eligible NGOs to take forward projects regarding youth
exchange, internship, entrepreneurship and life planning, etc.
As for women’s groups, the Government has already announced in the
Chief Executive’s 2022 Policy Address that the annual funding for the
Women’s Commission would be increased by 2.5 times originallyfrom $4 million to $10 million in the next three years for setting up a
Women Empowerment Fund (“WEF”) to promote womendevelopment. Women’s groups can apply for WEF to organize
activities and programmes to support women in balancing job andfamily commitments to unleash their potential.
The Home Affairs Department (“HAD”) also maintains liaison withclansmen associations and has been providing funding support to themfor organizing activities to promote clansmen culture under the5230

LEGISLATIVE COUNCIL ― 26 October 2022
“Know Your Homeland―Clansmen Association Subsidy Scheme”
since 2018. To commemorate the 25th anniversary of Hong Kong’s
return to the Motherland, HAD especially organized the “Clansmen
Culture Exhibition” in July this year to enhance the public’s
understanding of and sense of belonging to the nation.
Regarding the associations of Hong Kong residents in the Mainland,
the Mainland Offices of the HKSAR Government (“Mainland
Offices”) not only attach great importance to maintaining close liaison
with them, but also help convey their views and appeals to relevant
Mainland authorities and take necessary follow-up actions. The
Mainland Offices, in collaboration with the associations of Hong
Kong residents in the Mainland, organize various activities such as
trade seminars to support Hong Kong residents, and offer support andsponsorship to those activities (such as annual dinners, seminars andorientation activities for universities) as appropriate.
In fact, in addition to the aforementioned support for the specificcategories of groups, the Government also has other allocation for
application by different district organizations and groups according todifferent policy objectives.
For example, the Community
Involvement Programme implemented by HAD is open for
application by eligible organizations for funding support to organize
projects featuring local characteristics and popular festive celebrations
as well as cultural, artistic and recreational activities etc., to foster
closer communication and promote district harmony. Many of the
grantees are district grass-roots organizations, clansmen associations,
youth groups and women’s groups.
The aforementioned are just a few examples of the Government’s
support and communications with district organizations and groups.
The Under Secretary for Labour and Welfare and I stand ready toprovide further information on Members’ supplementary questions,especially on those relating to HYAB as well as labour and welfare
issues. Thank you, President.

LEGISLATIVE COUNCIL ― 26 October 2022

5231
Annex

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category of
Details of DedicatedFund/Subsidy Scheme
Grouporganizations/groups out of
Fund/Subsidy Scheme
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
1. Various subsidies District
2017- $53,110,000
The relevant subsidies
granted by HAD Grass-roots
2018
cover
eight
SupporttoNGOs Organizations 2018- $53,190,000
Service Centres for Ethnic
providing support
Minorities, District-based
2019
services to ethnic
Integration
Programme,
2019- $79,840,000
minorities
Ambassador
Scheme,2020
District-based Programmes
2020- $82,630,000
for
RacialHarmony,
2021
MobileInformation
2021- $82,010,000
Service,
Cross-cultural2022
Learning
Youth
Programme,
Language
Programme for Adults andCommunity
SupportTeams which provide
support services to ethnic
minorities in order toenhance their access topublicservicesandfacilitate their integration
into the community.
2. Funding Scheme Women’s
2017- $2,550,000
Established in 2012 to(1)
for
Women’s Groups
2018
subsidizecommunity
Development
projects conducive to
2018- $4,470,000
under Women’s
women’s development
2019
Commission
2019- $4,880,000
2020
2020- $4,210,000
2021
2021- $4,210,000
2022

5232

LEGISLATIVE COUNCIL ― 26 October 2022

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category of
Details of DedicatedFund/Subsidy Scheme
Grouporganizations/groups out of
Fund/Subsidy Scheme
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
3. RecurrentYouth2017- $82,400,000
The relevant subvention(2)
subvention
to Groups
2018
has been provided since
youth uniformed
2000.
The aim is to2018- $80,210,000
groupssupport the provision of2019
informal education and2019- $86,920,000
training to young people
2020
which serves to help them2020- $89,630,000
foster positive values,
2021
strengthen leadership skills
2021- $86,920,000
and attain whole-person2022
development.
4. Funding Scheme Youth2017- $75,000,000
Established
in
year
(2)
for
Youth Groups
2018
2014-2015.
Through
Internship in thesponsoringNGOsin2018- $76,000,000
Mainlandorganizing
internship2019
projects to the Mainland,
2019- $63,000,000
the Funding Scheme aims
2020
at enabling Hong Kong
2020- $28,000,000*
young people to experience2021
first-handtheactual2021- $40,000,000#
workplaceenvironment
in2022
the Mainland, cultivate adeeper understanding of
the employment market,
work
cultureanddevelopment opportunities
there, with a view tohelping them set their
future career goals, gain
more work experienceestablish
interpersonal
network and boost theiremployment advantage inthe future.

LEGISLATIVE COUNCIL ― 26 October 2022
Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category ofFund/Subsidy Scheme
Grouporganizations/groups out of
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
5. Funding Scheme Youth5233

Details of DedicatedFund/Subsidy Scheme

2017- $36,000,000

Established2018

1998-1999.

Exchange in the

2018- $37,000,000

sponsoring

Mainland2019organizing exchange tours

2019- $31,000,000

to

2020

Funding Scheme aims at

2020- $24,000,000*

enhancing2021

young people’s awareness2021- $28,000,000#

and understanding of their2022

home country, fosteringforYouth Groups

(2)

the

in

year
ThroughNGOs

in

Mainland,
Hong

the
Kong

exchange

with

the

Mainlandpeopleandstrengthening their sense ofnational identity.
6. Funding Scheme YouthforInternational Groups(2)Youth Exchange

2017- $3,000,000

Established2018
2018- $2,000,000
2019
2019- $11,000,000
2020
2020- $6,000,000*
2021
2021- $2,000,000#
2022

2017-2018.

in

year
Throughsponsoring

NGOs

to

organize

international

exchange projects for local
young people, the Funding
Scheme aims to provide
more in-depth international
exchange opportunities toenable young people to
widen

their

globalexposure and broaden theirinternational horizons.

LEGISLATIVE COUNCIL ― 26 October 2022

5234

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category ofFund/Subsidy Scheme
Grouporganizations/groups out of
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
7. Funding Scheme Youth

Details of DedicatedFund/Subsidy Scheme

2017- $15,500,000

Established in 2014, the2018

Funding Scheme aims to

Planning

2018- $10,370,000

sponsorActivities

2019

collaboration

2019- $41,030,000^

secondaryschools,in

2020

organizing

variouslife

2020- $31,410,000

planning projects, such as

2021

thematic talks, workshops,

2021- $28,570,000

workplace visits and job

2022

attachments.

for

Youth

Life Groups(2)

NGOs,

in
with

These

projects not only cater forthe needs of students, butalso cover training courses
and activities for teachersand parents to enhancetheir awareness of life
planning

andmultiplepathways.
8. Funding Scheme Youthfor

Youth Groups

Entrepreneurshipin the Guangdong
Hong

Kong

Macao

Greater

Bay Area(2)

2017- Not Applicable

Established in 2019, the20182018- Not Applicable2019
2019- Not Applicable
2020
2020- Not Applicable
2021

Funding Scheme consistsoftwonamelysupportservices,
capital:components,
entrepreneurialandandincubation
start-upLEGISLATIVE COUNCIL ― 26 October 2022

5235

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category of
Details of DedicatedFund/Subsidy Scheme
Grouporganizations/groups out of
Fund/Subsidy Scheme
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
2021- $38,710,000@(i) theentrepreneurial2022
support and incubation
services: this component
aims to subsidize NGOs in
Hong Kong to offer deeper,
broader, more specific andsustainable entrepreneurial
supportandincubation

services for Hong Kong
young people, including
helping them settle in youth
innovation

andentrepreneurial bases in
Hong

Kong

and/orMainland cities of theGreater Bay Area; and(ii) the start-up capital: thiscomponent aims to provide
youth start-ups with seedfunding

throughsubsidizing

fundedorganizations in the form of
9. Funding Scheme Youthfor Experiential Groups(2)ProgrammesatInnovation
andEntrepreneurial
Bases
in
the

2017- Not Applicable2018
2018- Not Applicable2019
2019- Not Applicable2020

a matching fund.
Established in 2019, theFunding Scheme aims to
subsidize NGOs in HongKong
toorganizeshort-term
experiential
programmes at the youth

5236

LEGISLATIVE COUNCIL ― 26 October 2022

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category of
Details of DedicatedFund/Subsidy Scheme
Grouporganizations/groups out of
Fund/Subsidy Scheme
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
Guangdong-Hong
2020- Not Applicableinnovation
and2021
entrepreneurial bases in the
Kong-Macao
Greater Bay Area
Mainland cities of the2021- $360,000
Greater Bay Area, with a
2022view to enriching Hong
Kong young people’s
understandingof
theentrepreneurial bases in the
Mainland cities of theGreater Bay Area, as wellas the relevant policies andsupporting measures oninnovation
andentrepreneurship in the
Mainland. This will inturn assist young people toconsider settling in therelevant
entrepreneurial
bases
and
starting
businesses therein in the
future.
10. Mental
Health District
2017- Not Applicable
Established in 2021, theInitiatives
Grass-roots
2018
objective of which is to
Funding Scheme Organizations 2018- Not Applicablefund projects that could(Phase 1)
help provide better support
2019
to the needy in the
2019- Not Applicablecommunity and
raise
2020
public awareness of mental
2020- Not Applicablehealth.
2021
2021- $12,230,000
2022

LEGISLATIVE COUNCIL ― 26 October 2022

5237

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category of
Details of DedicatedFund/Subsidy Scheme
Grouporganizations/groups out of
Fund/Subsidy Scheme
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)
11. Mental
Health Youth Groups 2017- Not Applicable(Ditto)Initiatives
2018
Funding Scheme
2018- Not Applicable(Phase 1)
20192019- Not Applicable
2020
2020- Not Applicable2021
2021- $13,120,000
2022
12. Mental
Health Women’s
2017- Not Applicable(Ditto)Initiatives
Groups2018
Funding Scheme
2018- Not Applicable(Phase 1)
20192019- Not Applicable
2020
2020- Not Applicable2021
2021- $6,310,000
2022
All Dedicated Funds/ District
2017- $53,110,000
Not Applicable
Subsidy Schemes
Grass-roots
2018 (20%)
Organizations 2018- $53,190,000
2019 (20%)
2019- $79,840,000
2020 (25%)
2020- $82,630,000
2021 (31%)
2021- $94,240,000
2022 (28%)
Youth Groups 2017- $211,900,000
Not Applicable2018 (79%)
2018- $205,580,000
2019 (78%)
2019- $232,950,000
2020 (73%)

5238

LEGISLATIVE COUNCIL ― 26 October 2022

Funding Granted Annually(The figures in brackets
denote the percentage offunding granted to theCategory ofName of Dedicated Organization/category of
Details of DedicatedFund/Subsidy Scheme
Grouporganizations/groups out of
Fund/Subsidy Scheme
Subsidized the total amount of funding
under all dedicatedfunds/subsidy schemes ofthe year)2020- $179,040,000
2021 (67%)
2021- $237,680,000
2022 (69%)
Women’s
2017- $2,550,000
Not ApplicableGroups2018 (1%)
2018- $4,470,000
2019 (2%)
2019- $4,880,000
2020 (2%)
2020- $4,210,000
2021 (2%)
2021- $10,520,000
2022 (3%)
Notes:(1)

Funded organizations/groups include NGOs providing services for women.

(2)

Since the relevant funding schemes do not have restrictions on the type of NGOs eligible for application, thefunded associations/organizations include NGOs that provide youth services.

*

In response to the development of the COVID-19 pandemic, HYAB (the former Home Affairs Bureau) has
requested all funded organizations to suspend or postpone their outbound exchange and internship projects
to the Mainland and overseas since early 2020. The expenditure for the year 2020-2021 represents theexpenses claimed for completed projects of preceding years on a reimbursement basis.

#

The expenditure for the year 2021-2022 represents the expenses claimed for completed projects of preceding
years on a reimbursement basis and the expenses claimed for uncompleted projects due to the pandemic ona reimbursement basis under a special sponsorship.

^

The expenditure for the year 2019-2020 includes the final allocation for Funding Scheme for Youth Life
Planning Activities (2016-2018) and Project Extension and the first phase allocation for the Funding Scheme
for Youth Life Planning Activities (2019-2022).

@

Under the Funding Scheme for Youth Entrepreneurship in the Guangdong-Hong Kong-Macao Greater Bay
Area, about $130 million has been granted for 16 NGOs to organize youth entrepreneurship projects. As
for the Funding Scheme for Experiential Programmes at Innovation and Entrepreneurial Bases in the
Guangdong-Hong Kong-Macao Greater Bay Area, about $5 million was granted for 15 NGOs to organize
short-term experiential programmes at the entrepreneurial bases in the Mainland cities of the Greater Bay
Area.

LEGISLATIVE COUNCIL ― 26 October 2022

5239

DR CHOW MAN-KONG (in Cantonese): I thank the Secretary for his reply. It
can be seen from the main reply that district grass-roots organizations establishedafter Hong Kong’s return to the Motherland, agriculture and fisheriesorganizations, youth groups and women’s groups have only received meagre
government funding on a project basis over the past five years, amounting to about$342 million in 2021-2022, while the Annex has not even mentioned a word aboutclansmen associations and associations of Hong Kong residents in the Mainland.
LWB has responded that the amount of funding for social welfare organizations
and international organizations established before Hong Kong’s return to theMotherland was about $21.435 billion in 2021-2022. In comparison, the funding
allocated to the six categories of groups mentioned above was just a tiny fraction,accounting for only about 1.42% of the total funding received by NGOs. I findthis extremely disappointing.
Although this has nothing to do with thecurrent-term Government, improvements still need to be made.
I would like to ask HYAB and LWB what specific plans they have in order toreverse this long-standing inequitable situation in the future, so as to provide thepublic with more quality and down-to-earth social welfare services in a more
effective and diversified manner. Thank you, President.

SECRETARY FOR HOME AND YOUTH AFFAIRS (in Cantonese):
President, as I mentioned in the main reply, we attach particular importance to theliaison and communication with district grass-roots organizations, clansmen
associations, youth groups, women’s groups and associations of Hong Kong
residents in the Mainland. In particular, after the improvement of the electoral
system, these categories of organizations have been incorporated into our system.
Of course, we hope to maintain regular liaison and communication with theseorganizations, and we also hope to use our resources to fund the activities of variousorganizations.
In fact, HYAB and clansmen associations have jointly launched the “KnowYour Homeland―Clansmen Association Subsidy Scheme”. In addition to theClansmen Culture Exhibition recently held in July, we will also organize Weekend
Bazaars in the community as specifically mentioned in the Policy Address.
Weekend Bazaars is a new initiative which we hope will enable us to have morecommunication with the abovementioned categories of organizations, includingclansmen associations and district grass-roots organizations, in organizing

5240

LEGISLATIVE COUNCIL ― 26 October 2022

activities in the community. I also hope that through the Community Involvement
Programme under HAD as I mentioned earlier, these organizations can apply forresources to organize activities.
Please allow me to defer to the Under Secretary for Labour and Welfare forsupplementary information on LWB’s work.

PRESIDENT (in Cantonese): Under Secretary for Labour and Welfare, please
reply.

UNDER SECRETARY FOR LABOUR AND WELFARE (in Cantonese):Thank you, President. President, by adopting a “services-based” approach, SWD
provides different types of subvention and subsidy to NGOs operating welfare
services based on the needs of the services provided to the public, including lumpsum grant subvention with which we are all familiar. These grants must be used
for the services and targets specified by SWD, but not as subsidies to specificorganizations. In general, SWD invites proposals or bids from organizations tobid for the operation of new subsidized services under a “quality-based” approach.
We warmly welcome any organization interested in operating services subsidized
by SWD to participate in biddings. Thank you, President.

MR SO CHEUNG-WING (in Cantonese): Thank you, President.
The
Government’s public service resources have all along been seriously out of sync
with community services. For example, among the 220-odd associations underthe Hong Kong Island Federation, 17 are charitable organizations as defined
under section 88 of the Inland Revenue Ordinance. These organizations havespared no effort in supporting the SAR Government’s administration since Hong
Kong’s return to China, and they have been serving the grass roots extensively fora long time. However, they have all along been granted a government funding of
only $35.81 million. This amount has already covered the funds for social
welfare, home affairs, cultural and recreational purposes, as well as the funds for
us to hold commemorative activities for Hong Kong’s return to China, the National
Day and the Victory Day of Chinese People’s War of Resistance Against Japanese
Aggression.

LEGISLATIVE COUNCIL ― 26 October 2022

5241

Based on what we have found after studying the relevant information, theGovernment has allocated a funding of $105.7 billion for social welfare in
2021-2022, of which $20.2 billion has been granted to subvented organizations.
However, all such funding has nothing to do with us as we have not been allocatedany amount of the funding. As a result, we have to raise funds on our own tofinance most of our work in support of the Government and our services to the
public. Therefore, I would like to ask the new-term Government whether they willcontinue to ignore us and treat us like “illegitimate children”, whom they would
only seek help in difficult times but abandon in happy times? Thank you.

SECRETARY FOR HOME AND YOUTH AFFAIRS (in Cantonese):
President, one thing is for sure―the SAR Government attaches great importanceto and appreciates the ongoing efforts of all district grass-roots organizations,clansmen associations, and women’s groups in the community. I believe that noone will query our close relationship with various community organizations andgroups. Besides, as a manifestation of the importance we have attached to all ofyou, the Chief Executive has made special arrangements for several District
Forums to meet with district grass-roots organizations and clansmen associations
to gauge their views during the preparation for his first Policy Address.
Evidently, the SAR Government as a whole attaches great importance to therelationship with all organizations and groups and is willing to heed their views.
We are also grateful to the district organizations and members of the local
community for staying true to their original aspiration in serving our community inthe past (especially during the fifth wave of the epidemic). As Mr SO said justnow, they have literally devoted their money and efforts in serving the community.
In addition to expressing my appreciation for all of you, we will also takepractical action to work with you to solve social problems and serve thecommunity.
As I said earlier, we have launched the “Know Your
Homeland―Clansmen Association Subsidy Scheme” for clansmen associations
and the Community Involvement Programme for community organizations.
HYAB has launched these different programmes in the hope that community
organizations will be given the resources to participate in district work.
As a member of the women sector, I would also like to highlight the fact that
we value the contribution of women’s groups in the community, and the Policy
Address therefore proposes to establish WEF for application by women’s groups
in the community, in order to better serve women’s groups at the district level.

5242

LEGISLATIVE COUNCIL ― 26 October 2022

Please allow me to defer to the Under Secretary for Labour and Welfare forsupplementary information on LWB’s work.

PRESIDENT (in Cantonese): Under Secretary for Labour and Welfare, please
reply.

UNDER SECRETARY FOR LABOUR AND WELFARE (in Cantonese): I
thank Mr SO for the supplementary question. President, the community services
that we have just mentioned are “services-based”. Very often, grass-roots
organizations may usually involve in liaison work by referring problems todifferent social welfare organizations or departments for follow-up. Therefore, as
I said earlier, when we launch new services according to the Hong Kong PlanningStandards and Guidelines in future, we welcome these groups’ participation in
bidding for the provision of such services in order to achieve service
diversification. Thank you, President.

MS MAGGIE CHAN (in Cantonese): Thank you, President. The Secretary
pointed out just now that the funding for the Women’s Commission would be
increased for setting up WEF for the provision of services. My question is: Havethe authorities formulated any specific measures and key performance indicators
to promote, assist and support women development? I ask this question because
as a Member has just said, WEF is simply meagre. Thank you, President.

SECRETARY FOR HOME AND YOUTH AFFAIRS (in Cantonese):
President, WEF is one of the initiatives proposed in the Policy Address to support
community organizations and women’s groups. In addition, we will continue tocollaborate with the Women’s Commission to promote gender mainstreaming andgender awareness in various sectors of society, and continue to promote women’s
rights and well-being in a variety of areas by supporting the Women’s Commission
and its four Working Groups. These four Working Groups are responsible forformulating and monitoring work in four strategic areas, namely creation of an
enabling environment, collaboration and promotion, empowerment and training,and health and support. They collaborate with women’s groups to better serve
women.

LEGISLATIVE COUNCIL ― 26 October 2022

5243

In addition, we will continue to facilitate more women participation in thework of government advisory and statutory bodies. We hope that this initiative
will encourage more women to participate in the work of government advisory andstatutory bodies.
Moreover, we will actively apply gender mainstreaming so that all Policy
Bureaux and departments will be required to conduct gender implicationassessments when formulating policies and initiatives. In fact, we have conducted
such assessments on 1 300 major policy documents since 2015. Thank you,President.

MR TANG KA-PIU (in Cantonese): Thank you, President. Based on the
Secretary’s figures … the Secretary has asked Members to refer to the Annex, but
I feel obliged to bring up one figure. According to the figures in the Annex, as
mentioned by an Honourable colleague earlier, SWD allocated recurrent
subventions of about $21.4 billion last year and the various funding schemes under
HYAB have been granted $340 million. However, the relevant funding has notcovered subvented social welfare organizations which could rent their units forfree or at $1 of rent. While these organizations have often claimed that a unit of
2 000 sq ft does not meet their needs, community groups have to pay hefty rent toscramble for units of 200 sq ft, which are not even big enough for storing their
supplies.
As the Secretary has said clearly just now, during the fifth wave of theepidemic, these community groups have shown their good intention andcontributed their money, their staff, and even their lives. However, many
subvented social welfare organizations have relayed to us that they could only work
behind closed doors because a lack of additional supplies has made it difficult forthem to provide extra services.
My question is, in the face of such an unfair situation, how can theauthorities achieve fairness under the premise of effective use of resources? Thisis my first question. Besides, how can the authorities incorporate quality socialgroups into SWD’s subvention system? Thank you.

PRESIDENT (in Cantonese): Which public officer will reply?
for Labour and Welfare, please reply.

Under SecretaryLEGISLATIVE COUNCIL ― 26 October 2022

5244

UNDER SECRETARY FOR LABOUR AND WELFARE (in Cantonese):Thank you, President. President, in order to give NGOs which are small or lessexperienced but keen on serving the community an opportunity to learn about thecurrent tendering system, SWD is planning to hold special briefings for someinterested bidders to introduce the quality-based allocation system and explain thebasic procedures of drafting proposals, various requirements and points to note.
Meanwhile, at these briefing sessions, SWD will introduce new projects or services
for which it will invite suitable NGOs to submit proposals in the next two years, sothat interested organizations can make early preparations by, for example,
deploying resources or partnering with other suitable organizations to submit joint
proposals.
SWD is also planning to include a checklist for the submission of proposals
in the tender documents, so that “newcomers” in particular can pay extra attention
to avoid omitting any information in their application. We will expeditiously takethis initiative forward. Thank you, President.

PRESIDENT (in Cantonese): The question session ends here.

WRITTEN ANSWERS TO QUESTIONSElectric mobility devices
7.
MR STANLEY LI (in Chinese): There are views that electric mobility
devices (including electric skateboards, electric scooters, electric unicycles,
electric bicycles, pedelecs and electric hoverboards) (“EMDs”) are apt to give rise
to road safety issues. In this connection, will the Government inform this Council:(1)

whether it knows the annual volumes of retained imports and sales ofvarious types of EMDs in the past three years;(2)of the current measures for regulating the sale and purchase of
EMDs;

(3)

as it is learnt that the quality of batteries used in EMDs varies, andliquid leakage or fire caused by overheating may occur, whether theGovernment has compiled statistics on the number of related

LEGISLATIVE COUNCIL ― 26 October 2022

5245

accidents happened in the past three years, and whether it has
formulated measures to regulate the safety of such batteries; if so, ofthe details; if not, the reasons for that;(4)

whether the Government has, since January 2019, collected data on
traffic accidents involving EMDs (including location of the accident,
age of the driver and cause of the accident) and conducted analyses;
if so, of the details; if not, the reasons for that;(5)of the number of law enforcement actions taken by the Government in
the past three years against unlawful acts involving the use of EMDs,
and the penalties imposed (set out the information by type of unlawfulacts);(6)in respect of those people who were involved in the casualties orsuffered from property losses in the traffic or other accidents whichwere caused by other people’s illegal use of EMDs, how theGovernment protects such people’s rights and interests; and(7)given that the Government is considering a regulatory framework for
EMDs, and launched in May this year a six-month pilot trial on a cycle
track section, whether the Government will, upon completion of thetrial, (i) formulate a timetable for regulating EMDs, and(ii) formulate measures to ensure that drivers of EMDs have thenecessary knowledge and awareness of road safety; if so, of thedetails; if not, the reasons for that?

The written reply provided by the Secretary for Transport and Logistics on
26 October 2022 is in Appendix 1.

Promoting cross-border linkage of medical services between Guangdong andHong Kong
8.
MR KINGSLEY WONG (in Chinese): Currently, eligible elderly peopleof Hong Kong may use elderly health care vouchers (“HCVs”) to pay for the feesof outpatient medical care services provided by designated clinics/departments of
the University of Hong Kong-Shenzhen Hospital (“HKU-SZH”), and chronic
disease patients of the Hospital Authority in Guangdong Province may also receiveLEGISLATIVE COUNCIL ― 26 October 2022

5246

subsidized medical consultation at HKU-SZH through the Special Support Scheme.
Regarding the promotion of cross-border linkage of medical services between
Guangdong and Hong Kong, will the Government inform this Council:(1)

whether it has reviewed the operational workflow and effectiveness of
the aforesaid two measures; if so, of the outcome; if not, whether itwill conduct such a review; and(2)given that the Overall Plan for Promoting Comprehensive
Cooperation among Guangdong, Hong Kong and Macao by Further
Deepening Opening-up in Nansha District of Guangzhou issued by
the State Council in June this year proposes the establishment of a“white list” system for Mainland medical institutions in order toextend the scope of application of HCVs and allow medical
institutions in Nansha under the white list to be included in Hong
Kong’s settlement unit for cross-border medical expenses, of thetimetable of the study work, and whether it will consider extending thescope of the white list to cover medical institutions in the Shenzhen
Municipality?

The written reply provided by the Secretary for Health on 26 October 2022 is in
Appendix 1.

Public housing projects with deferred completion
9.
DR STEPHEN WONG (in Chinese): According to the five-year public
housing production forecast (“housing production forecast”) announced by the
Housing Bureau in the latest quarter, the completion dates of about 7 600 Public
Rental Housing/Green Form Subsidized Home Ownership Scheme (“PRH/GSH”)
flats have been revised from 2022-2023 to 2023-2024, and about 8 500 PRH/GSH
flats and 1 300 other Subsidized Sale Flats from 2023-2024 to 2024-2025. The
authorities have pointed out that the outbreak of the fifth wave of the Coronavirus
Disease 2019 has led to a shortage of labour and problems in the delivery of
construction materials from the Mainland, resulting in the delay in the progress ofthese public housing projects. In this connection, will the Government inform thisCouncil:LEGISLATIVE COUNCIL ― 26 October 2022

5247

(1)

whether it has assessed (i) if these project delays are occurrences
under special circumstances or are persistent ones, (ii) if these delays
have constituted a continually worsening trend, and (iii) the impacts
brought about by these delays (including those on people’s livelihood
and their confidence in the Government’s efforts to increase housing
and land supply);(2)

whether specific measures are in place to improve these projectcompletion deferral situations, with a view to catching up with the
housing supply targets; if so, of the details; if not, the reasons for that;(3)

whether the aforesaid about 7 600 PRH/GSH flats originallyscheduled to be completed in 2022-2023 involve the Tai Po Area 9
project (i.e. Fu Tip Estate); if so, of the details; whether it has assessed
if the deferred completion of these about 7 600 flats will affect theimplementation of the “Public Rental Housing Advance Allocation
Scheme”; and(4)given that the Housing Bureau currently does not provide informationof deferred projects and the number of flats involved in its quarterly
announcement of the housing production forecast, whether theauthorities will provide more information (including the latest
completion date of each public housing project) when announcing
housing production forecast in future; if so, of the details; if not, thereasons for that?

The written reply provided by the Secretary for Housing on 26 October 2022 isin Appendix 1.

Rodent prevention and control work at government venues
10. MR LEUNG MAN-KWONG (in Chinese): There are views pointing outthat the hygiene conditions of government venues not managed by the Food andEnvironmental Hygiene Department (“FEHD”) (e.g. parks and cultural andrecreational facilities managed by the Leisure and Cultural Services Department,
and public rental housing estates managed by the Housing Department) vary atpresent, with some of the venues infested with rodents. Regarding the rodent
prevention and control work at government venues, will the Government inform
this Council:

LEGISLATIVE COUNCIL ― 26 October 2022

5248
(1)

of the number of complaints received by the Government about rodent
infestation at government venues not managed by FEHD, as well as
the average time taken to handle each complaint, in each of the past
three years, with a breakdown by District Council (“DC”) district;(2)

whether it has compared the effectiveness of rodent prevention andcontrol work at government venues managed by FEHD and those not
managed by FEHD in various DC districts; if so, of the details; if not,the reasons for that;(3)

as there are views pointing out that the Rodent Infestation Rates
compiled by FEHD fail to reflect the actual situation of rodent
infestation, whether the Government has other ways to assess theeffectiveness of rodent prevention and control work at government
venues not managed by FEHD; if not, of the reasons for that;(4)

whether the parties responsible for the management of various typesof government venues not managed by FEHD are required to adopt
rodent prevention and control measures; if so, of the details; if not,the reasons for that; and(5)whether it has included in cleansing service contractors’ contracts
awarded for government venues a provision stipulating that thecontractors are required to allocate a specified amount of money for
adopting rodent prevention and control measures; if so, of the details(including the percentage of such an amount in the total value of thecontract); if not, the reasons for that?

The written reply provided by the Secretary for Environment and Ecology on
26 October 2022 is in Appendix 1.

Sham Shui Po Design and Fashion Project
11. MR DENNIS LEUNG (in Chinese): The Government indicated on
9 January 2018 that it planned to launch a design and fashion project (“theproject”) in a five-storey commercial podium at an Urban Renewal Authority
redevelopment project in Sham Shui Po. In this connection, will the Government
inform this Council:

LEGISLATIVE COUNCIL ― 26 October 2022

5249

(1)

of the division of work between the government department(s) andorganization(s) which are responsible for the implementation of the
project, and the latest progress of the construction works;(2)of the organization to be tasked to operate the project, as well as thedetails of the operation and development directions of the project; and(3)of the plans put in place by the Government to make use of the projectto nurture talents for the fashion industry, including the estimatedresources to be allocated and the target for talent development, andwhether it has formulated key performance indicators for such work;
if so, of the details; if not, the reasons for that?

The written reply provided by the Secretary for Culture, Sports and Tourism on
26 October 2022 is in Appendix 1.

Provision of mental health services for children and adolescents
12. MR MARTIN LIAO (in Chinese): A study has pointed out that nearly halfof all mental illnesses begin by the age of 14, and most cases are not detected andintervened in a timely manner. There are views that as mental health services are
currently provided for children and adolescents in need through a stepped caremodel, if access to primary mental health care under the model can be enhanced,
early intervention can be facilitated and patients’ demand for psychiatric specialist
services can be reduced. In this connection, will the Government inform thisCouncil:(1)

whether it knows the number of new case bookings for child andadolescent psychiatric specialist out-patient (“SOP”) service underthe Hospital Authority (“HA”), and the average waiting time for suchservice, in each of the past five years, with a breakdown by the type ofmental illness and degree of urgency of the patients;(2)

whether it has studied how the waiting time for the child andadolescent psychiatric SOP service can be shortened; if so, of thedetails; if not, the reasons for that;LEGISLATIVE COUNCIL ― 26 October 2022

5250
(3)

whether it knows the number of patients admitted to the child andadolescent psychiatric wards under HA, and the number of hospitalbeds provided in various hospitals, in each of the past five years;
whether it has assessed the demand for and supply of the services
concerned; if so, of the details; if not, the reasons for that;(4)of the plans in place to enhance the access to primary mental healthcare to facilitate early detection of children and adolescents withhigher mental health risks, with a view to allowing them to receive
intervention treatment; and(5)whether it will consider setting up a matching fund to subsidize
children and adolescents in families with financial difficulties inreceiving psychiatric treatment services provided by private
healthcare institutions; if so, of the details; if not, the reasons for that?

The written reply provided by the Secretary for Health on 26 October 2022 is in
Appendix 1.

Land use planning
13. DR WENDY HONG (in Chinese): The operator of an industrial enterprisein Tuen Mun West (“TMW”) has relayed to me that he intends to expand hisbusiness on the existing site. However, as the land use planning for TMW is not
yet finalized even after more than a decade’s discussion, he has been unable to
make such investment decision.
Regarding land use planning, will theGovernment inform this Council:(1)of the latest progress of the work related to Lung Kwu Tanreclamation and the re-planning of TMW Area, and the expected time
when the land use planning for TMW will be finalized;(2)

whether it will, in conducting the land use planning for TMW, take
into consideration the development needs of the existing enterprisesin the area, as well as rationalize and consolidate (from theperspective of upstream and downstream relationships in the supply
chain) the upstream and downstream enterprises scattered in various

LEGISLATIVE COUNCIL ― 26 October 2022

5251

brownfield sites in the New Territories, and group them together in
TMW, so as to help reduce logistic and transportation costs forenterprises and enhance their operational efficiency; if so, of thedetails; if not, the reasons for that; and(3)

as there are comments that the situation of making no decision after
discussions is common in Hong Kong’s land use planning, and thishas added uncertainty to land use and greatly hindered enterprises’
long-term investment decisions and development, whether theGovernment will, from the perspective of the development needs ofHong Kong at different stages, formulate clear land use plans for thelong, medium and short term, so that enterprises can makecorresponding long, medium and short-term investment decisions
with concrete timetables and clear expectations in mind; if so, of thedetails; if not, the reasons for that?

The written reply provided by the Secretary for Development on 26 October 2022
is in Appendix 1.

Regulation of tenancies of subdivided units
14. MR STANLEY NG (in Chinese): Some concern groups have pointed outthat even though the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 2021 (“the Ordinance”) which regulates tenancies of subdivided units(“SDUs”) has already taken effect since January this year, quite a number oftenants of SDUs still do not understand their own rights and interests, and somelandlords also fail to comply with the requirements of the Ordinance. In thisconnection, will the Government inform this Council:(1)of the number of enquiries and complaints involving tenancies of
SDUs received by the authorities and the number of such cases
followed up (including whether on-site inspections have been
conducted) since the Ordinance came into operation; whether theauthorities have regularly conducted random on-site inspections; ifso, of the number of such inspections and whether they will step up
such random inspections;LEGISLATIVE COUNCIL ― 26 October 2022

5252
(2)

of the total number of Notice of Tenancy (i.e. Form AR2) concerning
SDUs received by the Rating and Valuation Department (“RVD”)
since the Ordinance came into operation; whether the Government
has compiled statistics on the number of Notices involving tenancies
which have (i) adopted the template for tenancy agreement provided
by the Government and (ii) used tenancy agreement made by theparties on their own;

(3)of the total number of complaints and enquiries relating to landlordsof SDUs overcharging their tenants for bills on water, electricity or
miscellaneous fees that the relevant government departments(including RVD and the Water Supplies Department) have received
since the Ordinance came into operation, together with the number ofsuch cases investigated;(4)

given that the Government has engaged non-governmentalorganizations to set up six District Service Teams (“the Service
Teams”) to assist in promoting the Ordinance and rendering support
to the landlords and tenants of SDUs, whether it has evaluated theeffectiveness of the work of the Service Teams; whether it will
strengthen the work of the Service Teams in providing support totenants of SDUs, with a view to helping them lodge complaints against
landlords who have contravened the Ordinance; and(5)

as some of the tenants of SDUs are worried that they would be evicted
if their complaints against law-breaking landlords are in vain,
whether the authorities will help tenants whose complaint cases are
preliminarily substantiated to live in transitional housing for a periodof time, so as to ease their worries?

The written reply provided by the Secretary for Housing on 26 October 2022 isin Appendix 1.

Supply of talents for the hotel industry
15. MR YIU PAK-LEUNG (in Chinese): Regarding the supply of talents forthe hotel industry, will the Government inform this Council:

LEGISLATIVE COUNCIL ― 26 October 2022

5253

(1)

whether it knows the following information in respect of thebachelor’s degree programmes in hotel management and hospitality
offered by the eight universities funded by the University Grants
Committee as well as the 11 degree-awarding self-financing
post-secondary institutions registered under the Post Secondary
Colleges Ordinance (Cap. 320) in each of the past three years: thenumber of places, the number of local and non-local students, as wellas the percentage of graduates who have joined the hotel industry;(2)

whether it knows the following information in respect of the
non-bachelor’s degree and vocational training programmes in hotelmanagement and hospitality offered by the Vocational Training
Council (“VTC”) as well as the post-secondary institutions registeredunder the Education Ordinance (Cap. 279) in each of the past three
years: the number of places, the number of local and non-local
students, as well as the percentage of graduates who have joined thehotel industry;(3)

whether it knows if internship programmes with credits are includedin the current hotel management and hospitality programmes offeredby VTC and various types of post-secondary institutions; if there are,of the practicum hours; whether it will consider requiring VTC andsuch institutions to increase the number of internship positions andpracticum hours, as well as providing internship allowance for such
students, thereby increasing the incentives for students to enrol inhotel-industry-related programmes or join the hotel industry; and(4)whether it will consider allowing non-local students pursuing
programmes below bachelor’s degree level to stay in Hong Kong upon
graduation to continue receiving training or join the hotel industry,so as to increase the supply of talents for the industry?

The written reply provided by the Secretary for Education on 26 October 2022 isin Appendix 1.

LEGISLATIVE COUNCIL ― 26 October 2022

5254

Preventing young people from committing crimes
16. DR KENNEDY WONG (in Chinese): It is learnt that in the movement of
opposition to the proposed legislative amendments which broke out in 2019, quite
a number of young people were arrested and prosecuted for participating in
unlawful activities. On preventing young people from committing crimes, will theGovernment inform this Council:(1)of the number of cases involving the movement of opposition to the
proposed legislative amendments, and the number of such cases whichhave been concluded; the number of convicted persons involved in the
concluded cases and, among them, the number of those who are young
people; the lowest and the highest penalties imposed on such young
criminals;(2)given that the Correctional Services Department has introduced aprogramme called “Understanding History is the Beginning ofKnowledge” and a counselling service called “Youth Lab” to young
people in custody to foster their sense of national identity andstrengthen their law-abiding awareness, how the Government
assesses young people in custody’s assimilation of the programme
contents and the improvement in their psychological state after
receiving the counselling service;(3)

whether it will provide training in Chinese-style foot drill and flagraising for young people in custody so that they can learn to practiceself-discipline and self-reflection, and to abide by the law; if so, of thedetails; if not, the reasons for that; and(4)given that local terrorism sprouted amid the social turmoil thatemerged in 2019, how the Government prevents persons in custody
who have committed rioting offences but demonstrated no remorsefrom waiting for opportunities to incite young people to break the law
and stir up trouble after they are released from imprisonment?

The written reply provided by the Secretary for Security on 26 October 2022 isin Appendix 1.

LEGISLATIVE COUNCIL ― 26 October 2022

5255

Prevention of diseases caused by amoebae
17. MS CHAN HOI-YAN (in Chinese): It is learnt that amoebae will appearin warm freshwater rivers and streams or swimming pool water with an insufficientchlorine content, and may cause serious illness and death if they invade the humanbody. Regarding the prevention of diseases caused by amoebae, will theGovernment inform this Council:(1)of the number of cases of patients seeking consultation which involved
diseases caused by amoebae (including amoebic dysentery,
Acanthamoeba keratitis and amoebic meningoencephalitis) in the past
decade and, among them, the number of death cases;(2)

whether it has regularly taken water samples from public and private
swimming pools or leisure pools for testing, so as to check for thepresence of lethal pathogens such as amoebae; if so, of the details; if
not, the reasons for that;(3)of the number of cases of an insufficient chlorine content in swimming
pools or leisure pools in Hong Kong in each of the past decade, andhow the authorities followed up such cases;(4)

as it is learnt that in recent years, more and more members of the
public went to the countryside for river tracing, and they even drank
mountain water directly on the way, whether it knows the number ofcases of invasion of the human body by amoebae in the past five years
as a result of coming into contact with stream water or drinking
mountain water; and(5)whether it will step up publicity efforts or formulate action plans forthe prevention of diseases caused by amoebae; if so, of the details andtimetable; if not, the reasons for that?

The written reply provided by the Secretary for Health on 26 October 2022 is in
Appendix 1.

LEGISLATIVE COUNCIL ― 26 October 2022

5256

Office of Former Chief Executives
18. MR MICHAEL TIEN (in Chinese): Currently, the Government hasestablished the Office of Former Chief Executives (“FCEO”) at 28 Kennedy Road,
Central and in Pacific Place, Admiralty to provide administrative support toFormer Chief Executives to perform promotional, protocol-related, or any otheractivities in relation to their former official role. In this connection, will theGovernment inform this Council:(1)of the work of FCEO in the past five years; whether it has set
performance indicators for the relevant work and reviewed if such
indicators have been met;(2)of the size, rent, and rental per square foot of the FCEO located in
Admiralty;(3)of the size, estimated market rent and rental per square foot of the
FCEO located in Central;(4)of the criteria adopted by the Government for determining thegrading, location and size of the office to be leased;(5)

as there are views that the epidemic, which has broken out for almost
three years and still persists, casts uncertainties over the economic
outlook and leads to the worry about the Government’s financial
position, and members of the public also expect the Government toallocate additional resources to improve people’s livelihood and theeconomy, whether the Government has assessed if the spending of
substantial amounts of public money on renting Grade A offices foruse as FCEO is value-for-money; and(6)

as it has been reported that the FCEO located in Central can only
accommodate three Former Chief Executives and is already fully
occupied, whether the Government will review the relevantmechanism, such as only setting up FCEO for the last three Former
Chief Executives, so as to ensure the sustainability of the mechanism
and the proper use of public money?

The written reply provided by the Chief Secretary for Administration on
26 October 2022 is in Appendix 1.

LEGISLATIVE COUNCIL ― 26 October 2022

5257

Levying sewage charges
19. MR KENNETH LAU (in Chinese): According to the Sewage Services
Ordinance (Cap. 463), a water consumer whose premises are connected to a publicsewer should pay a sewage charge (“SC”) at a prescribed rate based on the volume
of water supplied to the premises. Some villagers of Shan Ha Wai Village(i.e. Tsang Tai Uk), Sha Tin have relayed that the premises of the households in thevillage have not been connected to a public sewer, and over the years thehouseholds did not receive any demand notes for SCs. However, recently SCs forthe previous six years have been levied on such households by the Drainage
Services Department (“DSD”) under the Limitation Ordinance (Cap. 347). The
hefty charges have posed a heavy financial burden on the villagers, and some ofthem even cannot afford such charges. In this connection, will the Government
inform this Council:(1)

as the households of that village have indicated that their premises
are not connected to a public sewer, of DSD’s justifications for levying
SCs on them;(2)

whether it has reviewed if the aforesaid incident has involved DSD’serrors or omissions in levying SCs; if it has reviewed and the outcome
is in the affirmative, of the details, and how it prevents the recurrenceof such incident; if the review outcome is in the negative, the reasonsfor that;(3)of the number of cases involving DSD’s errors or omissions in the past
five years in respect of levying SCs (with a breakdown by the causes(including but not limited to human errors and maladministration)),and the amounts involved;(4)of the number of complaints relating to DSD’s errors or omissions inlevying SCs received by the Government in the past five years, and thefollowing information on each of such cases: the amount levied, thecause of the mistake, and whether the complaint was substantiated;
and

(5)

of the mechanism for handling and investigating errors or omissionsin levying SCs; in respect of those cases which have been found tohave involved maladministration, whether DSD will refund SCs toLEGISLATIVE COUNCIL ― 26 October 2022

5258

those villagers with financial difficulties, or waive/exercise discretionin handling the SCs imposed on such villagers, and take disciplinary
actions against the officers concerned?
The written reply provided by the Secretary for Environment and Ecology on
26 October 2022 is in Appendix 1.

Fraudulent COVID-19 Vaccination Medical Exemption Certificates
20. DR PRISCILLA LEUNG (in Chinese): Recently, seven private doctors
have been arrested by the Police for suspected abuse in the issuance of COVID-19
Vaccination Medical Exemption Certificates (“Exemption Certificates”). It has
been reported that these doctors issued a total of over 25 000 Exemption
Certificates, which accounted for more than half of all the valid Exemption
Certificates. In this connection, will the Government inform this Council:(1)

given that the Police have referred the cases to the Medical Councilof Hong Kong (“MCHK”) for follow-up, whether it knows if MCHK
will consider striking off the register the names of the doctors
concerned;(2)

as it has been reported that the Police are investigating those persons
who were issued with an Exemption Certificate by the doctors
concerned, whether the Police have examined such persons’ medical
records to ascertain if they deliberately provided false information inorder to be issued with an Exemption Certificate; and(3)given that the “Electronic Health Record Sharing System” (known as“eHealth”) has recorded the seven doctors concerned having issued
a large number of Exemption Certificates within half a year, whether
the relevant government officers noticed such irregularities throughthe eHealth and reported such irregularities at an early stage; if so,of the details; if not, the reasons for that?

The written reply provided by the Secretary for Health on 26 October 2022 is in
Appendix 1.

LEGISLATIVE COUNCIL ― 26 October 2022

5259

Strengthening tree management
21. IR DR LO WAI-KWOK (in Chinese): In the middle of last month, a tree
beside the carriageway of Perth Street, Ho Man Tin suddenly collapsed, hitting
four vehicles. On strengthening tree management, will the Government inform
this Council:(1)

whether the authorities stepped up inspection on trees located in areas
with high pedestrian and vehicular traffic flows over the past three
years; if so, set out the following information by year: the number ofinspections conducted, the number of problematic trees identified andthe percentage of trees followed up or removed;(2)

whether it will step up the application of smart technology, including
making wider use of tilt sensors, so as to enhance the efficiency of treeinspection and strengthen tree risk management; if so, of the details;
if not, the reasons for that; and(3)whether it will expeditiously review and revise the Guidelines for Tree
Risk Assessment and Management Arrangement and the Street Tree
Selection Guide to improve the policy on tree planting and strengthen
the coordination work for territory-wide tree management; if so, ofthe details; if not, the reasons for that?

The written reply provided by the Secretary for Development on 26 October 2022
is in Appendix 1.

Alleviating the wastage of teachers
22. MR JEFFREY LAM (in Chinese): The Secretary for Education indicatedin his reply to a question raised by a Member of this Council on 11 May this yearthat the wastage rates of teachers in Direct Subsidy Scheme (“DSS”) and public
sector schools for the 2021-2022 school year were as high as 8.4% and 7.5%
respectively, and the overall number of drop-out teachers increased by about 70%
year-on-year. In this connection, will the Government inform this Council:(1)

whether it has formulated policies and measures to retain teaching
talents, so as to prevent the teacher wastage rates from continuing torise; if so, of the details; if not, the reasons for that;LEGISLATIVE COUNCIL ― 26 October 2022

5260
(2)

as some members of the education sector have suggested that anadvancement ladder be provided to allow in-service teachingassistants to fill vacant teacher posts, thereby ensuring that schools
have sufficient teachers, and ensuring teacher qualifications andteaching quality, whether the Government has studied suchsuggestion; if so, of the details; if not, the reasons for that;(3)

whether it has assessed if the current teacher-student ratios of schools
are unbalanced; if it has assessed and the outcome is in theaffirmative, whether it will draw reference from the deployment
mechanism adopted by government departments and let the Education
Bureau centrally administer the deployment of teachers to schools, so
as to improve teacher-student ratios; and(4)of the ratio of teachers who are non-Hong Kong permanent residents
to those who are Hong Kong permanent residents in DSS and public
sector schools for the current school year, as well as the overall
number of teacher vacancies; whether it has considered recruiting
overseas talents to fill such vacancies?

The written reply provided by the Secretary for Education on 26 October 2022 isin Appendix 1.

GOVERNMENT BILLSFirst Reading and Second Reading of Government BillFirst Reading of Government BillPRESIDENT (in Cantonese): Government Bill: First Reading.

PILOTAGE (AMENDMENT) BILL 2022
CLERK (in Cantonese): Pilotage (Amendment) Bill 2022.
Bill read the first time and ordered to be set down for Second Reading pursuant toRule 53(3) of the Rules of Procedure.

LEGISLATIVE COUNCIL ― 26 October 2022

5261

Second Reading of Government Bills
PRESIDENT (in Cantonese): Government Bills: Second Reading.

PILOTAGE (AMENDMENT) BILL 2022
SECRETARY FOR TRANSPORT AND LOGISTICS (in Cantonese):
President, I move the Second Reading of the Pilotage (Amendment) Bill 2022 (“theBill”).
To ensure the safe navigation of vessels within Hong Kong waters, ships of
3 000 gross tonnage or over, ships of 1 000 gross tonnage or over carrying
dangerous goods, and gas carriers of any gross tonnage are required to be under thepilotage of licensed pilots within the waters of Hong Kong. The Pilotage
Ordinance (Cap. 84) (“the Ordinance”) and its subsidiary legislation provide forthe regulation of pilotage services in respect of the requirement for obtaining,
upgrading and renewing a pilot licence, disciplinary proceedings of licensed pilots,
location of pilot boarding stations, enforcement action conducted by the Marine
Department (“MD”), as well as pilotage dues allowed to be charged.
The objective of the Bill presented to the Legislative Council for scrutiny
this time is to amend the Ordinance and its subsidiary legislation, so as to refine
the arrangements for the medical examination of pilots and other existing practices,adjust the pilotage dues and make miscellaneous amendments.
(I)

Medical examination

At present, apprentice pilots applying for pilot licence are required toundergo a physical examination. The Ordinance stipulates that they must be
examined as to their physical and mental fitness by a medical officer appointed by
the Director of Health (“DH”), as well as to their eyesight by a MD officer(collectively referred to as “medical examination”). Licensed pilots have to be
subject to medical re-examination at least once in every two years, and at least once
every year for those aged between 65 and 68.
Taking into account that pilots have to work irregular hours, in order tofacilitate pilots in meeting the medical examination requirements at regularintervals outside the office hours of the relevant departments, we propose to amend
the Ordinance such that the medical examination and medical re-examination of

5262

LEGISLATIVE COUNCIL ― 26 October 2022

pilots can be carried out by a registered medical practitioner (including registered
medical practitioners in private practice) in Hong Kong following the relevant
medical standard. This will allow pilots more flexibility in making appointmentswith registered medical practitioners for medical examination and re-examination
Moreover, in this amendment exercise, we also propose to specify clearly in
the Ordinance that MD may exempt a pilot from the medical examination if thepilot has within the previous 12 months submitted to a similar examination undera comparable standard, regardless of whether such examination is conducted in
Hong Kong. Under the existing Ordinance, MD may grant such exemption toapprentice pilots applying for licence. We proposed to extend the exemption to
the medical re-examination of licensed pilots.
(II)

Pilotage dues adjustments

Another major proposal in the Bill is the adjustment of pilotage dues.
Pilotage dues are adjusted in the light of the periodic review conducted by pilots
and practitioners of the liner shipping industry. This time, an average increase of
9.7% is proposed for the pilotage dues. The dues are not government fees, but
once a mutual consensus has been reached, the Government will go through thelegislative process to amend the Pilotage (Dues) Order (Cap. 84D) to prescribe theamount of pilotage dues.
(III) Miscellaneous amendments
Other miscellaneous amendments proposed in the Bill includes, among
others, replacing an obsolete reference in the Ordinance and facilitating theenforcement action of MD by empowering MD officers not below the rank ofMarine Inspector to require a pilot to produce the pilot’s licence for inspection.
President, the Bill seeks to introduce improvement proposals to better meetthe industry’s operational needs. The Economic Development Panel of theLegislative Council and the Pilotage Advisory Committee comprising stakeholdersof the shipping industry and pilotage sector have been consulted on the relevant
legislative proposal and indicated their support. I hope that Honourable Members
will support the Bill to facilitate its early passage and implementation.
President, I so submit. Thank you.

LEGISLATIVE COUNCIL ― 26 October 2022

5263

PRESIDENT (in Cantonese): I now propose the question to you and that is: That
the Pilotage (Amendment) Bill 2022 be read the second time.
In accordance with the Rules of Procedure, the Second Reading debate isadjourned and the Bill is referred to the House Committee.

Resumption of Second Reading Debate on Government BillPRESIDENT (in Cantonese): This Council resumes the Second Reading debate
on the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill.
Mr LAM San-keung, Deputy Chairman of the Bills Committee on the Bill,will first address the Council on the Committee’s Report.

MAINLAND JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS(RECIPROCAL ENFORCEMENT) BILL
Resumption of debate on Second Reading which was moved on 4 May 2022
MR LAM SAN-KEUNG (in Cantonese): President, the Mainland Judgments in
Civil and Commercial Matters (Reciprocal Enforcement) Bill (“the Bill”) seeks tomake provisions for giving effect to the Arrangement on Reciprocal Recognition
and Enforcement of Judgments in Civil and Commercial Matters by the Courts of
the Mainland and of the Hong Kong Special Administrative Region signed between
the Supreme People’s Court of the People’s Republic of China and the Governmentof the Hong Kong Special Administrative Region on 18 January 2019(“Arrangement”), and to make consequential amendments to the Mainland
Judgments (Reciprocal Enforcement) Ordinance (Cap. 597).
The Bills Committee held a total of five meetings to discuss in detail thepolicy issues relating to the Bill and the provisions contained therein. On policy
issues, members urged the Administration to explain the differences andsimilarities between the Mainland judgment registration mechanism to beestablished under the Bill and the existing mechanism under Cap. 597, theimplementation arrangements after the passage of the Bill, the impact on different
stakeholders in the community, etc. Members also urged the Administration to
conduct effective publicity among the public and different stakeholders in the5264

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community to enhance public understanding of the implementation arrangements
in respect of the Bill. Moreover, given the complexity and wide application scopeof the Bill, members were also concerned about the readiness of the Judiciary andthe legal profession for the implementation arrangements in respect of the Bill.
As regards the provisions, members were concerned about the similarities
and differences between the “legally effective” judgments adopted in the Bill andthe “final and conclusive” judgments adopted in Cap. 597, the scope of applicationof the Bill and the meaning of excluded judgments, the details of applying forregistration of a Mainland Judgment, including the time limit for applying forregistration, how the time limit for registration is to be computed, the service ofregistration orders, registrability of Mainland Judgments, etc.
Members also expressed concern about the various requirements for setting
aside registrations under the Bill, including the time limit for making setting aside
registrations, the jurisdictional requirement, setting aside registration of aregistered judgment the enforcement of which is manifestly incompatible with the
public policy of Hong Kong, possible abuse of setting aside a registration, etc.
Furthermore, members are concerned that the registration mechanism proposed in
the Bill may have implications on proceedings. For example, the restriction onparallel litigation or bringing proceedings in respect of the same cause of action in
Hong Kong, etc.
The Administration has responded to the questions and concerns of membersof the Bills Committee and the Legal Adviser in relation to policy issues and theprovisions of the Bill, as well as the two submissions on the Bill from members of
the public. The Administration has proposed amendments to the Bill after
considering the views of the Bills Committee and reviewing the relevant
provisions. The Bills Committee has no objection and will not propose
amendments to the Bill.
The Bills Committee has completed its task, and the deliberations of the Bills
Committee has been detailed in the report presented to the Legislative Council.
President, the following are my personal views on the Bill.
Members to support and pass the Bill.

I implore

The Bill is a bill drafted under the common law. If it is successfully enacted
and implemented in both places, it will be the first of its kind in the history of thedevelopment of Hong Kong’s legal system and set a historical precedent.

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In the past, the Arrangement on Reciprocal Recognition and Enforcement of
Judgments in Civil and Commercial Matters by the Courts of the Mainland and of
the Hong Kong Special Administrative Region Pursuant to Choice of Court
Agreements between Parties Concerned which took effect in 2008 only applied tomoney judgments made by the courts on either side where the parties to acommercial contract had agreed in writing that a court of one side would haveexclusive jurisdiction to determine a dispute arising from that contract. The
Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in
Matrimonial and Family Cases by the Courts of the Mainland and of the Hong
Kong Special Administrative Region which took effect early this year only applied
to civil judgments in matrimonial or family matters.
As for the court judgments in other civil and commercial matters, it would
be difficult to make reciprocal enforcement simultaneously in Hong Kong, acommon law jurisdiction, and the Mainland, a civil law jurisdiction. If a
Mainland Judgment is to be enforced in Hong Kong where common law ispractised, the judgment must be final, i.e. a court judgment that is not subject tofurther appeal or the possibility of retrial. Therefore, prior to the introduction of
the Bill, it would be difficult to directly enforce in Hong Kong a judgment madeunder the civil law system. A fresh action must be initiated in Hong Kong and at
most, the Mainland Judgment can serve as the ground for bringing proceedings.
Although the Mainland and Hong Kong are currently separated by the epidemic,
the two places are still very close in terms of social, economic and trade activities.
The current practice is not only a waste of time and lawyers’ fees, but also fails tomeet the needs of the public.
The new legislation will address the above issues. A time limit for appeal
has been set for judgments given by various levels of courts in the Mainland.
Once the time limit has expired and no appeal has been filed by both parties, theMainland Judgment concerned can be registered in Hong Kong for enforcement
through simple procedures.
It is precisely because Hong Kong has the advantage of “one country, twosystems” that judicial officers from both sides have been able to use Chinese
wisdom to overcome the differences and barriers between the two legal systems.
I must therefore commend them for joining hands to work out such a good solution.
That is why there are always more solutions than problems. I would also like tothank the country for showing its full confidence and trust in the common law
judicial system of Hong Kong by allowing judgments handed down by Hong Kong
judges be enforced in the Mainland. The new legislation will help to promote

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closer integration between the two societies of the two places, which is highly
beneficial to both sides.
Following the passage of the Bill, foreign enterprises will have the option ofbringing proceedings in respect of international trade disputes to Hong Kong andhaving the judgments enforced by Mainland courts, as Hong Kong Judgments will
be enforceable in the Mainland. In the long run, the Bill will facilitate thedevelopment of Hong Kong as a centre for international legal and dispute
resolution services. Moreover, the Bill will be conducive to Hong Kong’s
development into an intellectual property (“IP”) trading centre given its inclusionof the judgments of certain types of IP disputes. At the same time, the Bill will
attract foreign enterprises to set up offices in Hong Kong, so that in the event ofdisputes, they will be able to file a case in Hong Kong courts under the morefamiliar common law system. This will strengthen Hong Kong’s position as aninternational trade centre.

(THE PRESIDENT’S DEPUTY, MS STARRY LEE, took the Chair)

However, even if the Bill is passed by the Legislative Council today, there
is still a lot of work to be done. First, it will still take about six to seven months
after the passage of the Bill for the Chief Judge of the High Court to make rules forthe implementation of the relevant provisions of the enacted Bill under clause 35of the Bill. On the other hand, it will also take about two to three months for the
Mainland to make preparations on their side, including the preparation of the
judicial interpretation, for the implementation of the Arrangement on Reciprocal
Recognition and Enforcement of Judgments in Civil and Commercial Matters
between the Courts of the Mainland and the Hong Kong Special Administrative
Region in the Mainland.
Secondly, even if Hong Kong enjoys such an advantage, no one will know
if we do not tell people about this. Therefore, not only do we need to speak highlyof this advantage, we also need to widely publicize this because there are external
forces that keep smearing Hong Kong’s rule of law. I am grateful to the Chief
Executive for highlighting in the Policy Address that the Department of Justice willlead delegations of local legal profession to conduct overseas visits from next year
to showcase to the international community the advantages of Hong Kong’s rule oflaw as well as the various mutual legal assistance arrangements on civil andcommercial matters. If possible, please count me in.

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In addition, many members of the Bills Committee opined that most people
failed to grasp the details and benefits of the Bill, and I agree with that. Only thismorning a Member asked me about the meaning of certain provisions, and as alawyer I had to take a good and hard look at them before I could get the meaning
right. I very much hope that the Government and the Department of Justice will
do more publicity work and communicate more with lawyers, the business sector
and the public in Hong Kong, so as to step up publicity and promote this newlegislation. It would be best to prepare an “info-pack”, and provide simple andpractical legal guides and tools. Given its great importance, the Judiciary should
also issue a practice guide to facilitate understanding of this new legislation by
lawyers, the business sector and the public. This can help many businessmen to
recover the money owed to them while saving them a lot of time and cost, not tomention that they do not have to travel between Mainland and Hong Kong or spend
double the lawyers’ fees and time on litigation.
We Hong Kong lawyers should also make an effort to promote Hong Kong’s
arrangements for mutual legal assistance on civil and commercial matters in the
Greater Bay Area and overseas. In doing so, we can promote the rule of law inHong Kong and finding more business. We Hong Kong lawyers should not only
focus on the 7.5 million people in Hong Kong, but also on the 80 million people in
the Greater Bay Area, plus the business from enterprises both in the Mainland andaround the world.
For more than a century, Europe and the United States have been the world’s
leading trading regions and have naturally become centres of legal and dispute
resolution services. In the past, many legal disputes in Hong Kong relating totrade and shipping had to be resolved in London or New York. Now, the worldis undergoing the greatest change in a century, with the focus of global trade
shifting to Southeast Asia and our country. President XI Jinping has alreadymentioned the need to maintain Hong Kong’s common law advantages in his
important speech on 1 July this year. As our country attaches great importance tothe future development of Hong Kong, we must treasure it and strive vigorously to
become a centre for international legal and dispute resolution services.
Therefore, I once again implore Members to support and pass the Bill.
Deputy President, I so submit.

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MR TANG KA-PIU (in Cantonese): Deputy President, I am a member of the Bills
Committee. Although I am not a legal professional, I believe that this framework
will have far-reaching implications for Hong Kong people in various aspects. Of
course, we hope that the implications will be positive, the framework will dovetailwith the development strategy of the country and be integrated into the Greater Bay
Area as a whole. In other words, when quarantine-free cross-border travel
resumes in the future, Mainland cities can become the living circle of Hong Kong
people, whether for work, living, home ownership or retirement. As such, thislegislation carries great significance. Yet, how about the complementary andsupport measures? What does the public know about it? All these are mattersof concern.
The main point I wish to make is that under this legal framework, ordinary
citizens will have the opportunity to have the court judgments enforced in the
Mainland, including those made by the Small Claims Tribunal and the Labour
Tribunal, especially the Labour Tribunal, which is the place most frequented bytrade unions in the labour sector. Legal representation cannot be arranged in theseplaces, there will be no legal representation in these tribunals, and ordinary citizens
may not be able to afford to hire a lawyer. However, the matters involved or theparty being sued may be related to the Mainland. For example, many people inHong Kong buy from large online shopping companies in the Mainland throughmail order or online shopping, and if problems arise, they can pursue the case by
virtue of this law, as the judgment ruling can be enforced in the Mainland. There
are also some employment-related cases.
Given the SAR Government’s
promotional efforts in the past couple of years, many young people, theprofessional and fresh graduates try their luck and go to work in the Greater Bay
Area. We have come across some cases where the employees are employed byHong Kong employers or companies registered in Hong Kong and need to work in
the Mainland, which is normal in the past 20 to 30 years, especially for companies
with manufacturing background. There are also cases where employees are
involved in work-related injuries, personal accidents or disputes while working in
the Mainland, but the employers in Hong Kong do not accept any responsibility.
Then the employees will have the option to pursue their claims in the Mainland orHong Kong courts, and the judgment can be enforced in both places. Here isanother example. A worker who is working in the Mainland on a long-term basis
receives his pay in an interesting way: the Mainland part of his salary is paid in
RMB to cover his expenses in the Mainland; the Hong Kong part of his salary is
paid by the Mainland company’s sister company in Hong Kong in Hong Kong

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dollar into his family’s account to meet the living expenses. There is one job but
the salaries are paid separately in two places. In the absence of this legal
framework, it would have been a complicated issue if you were owed wages.
However, even if such a legal framework is in place and the legislation is passed,
how do employees recover their wages? How can employees enforce their claimsin the Mainland after they have obtained a judgment? Or how can a verdict beenforced in Hong Kong after the case has been heard by the Mainland courts? For
the ordinary citizens who are not represented by lawyers, even if the law exists,they do not know what to do. Therefore, awareness and support are very
important.
About three months ago, I co-organized a consultation or briefing session
with Ms Maggie CHAN on the issue of mutual recognition of judgments in familycases between the two places. Even these cases have such a specific scope, theprocedures are quite complicated and ordinary people still do not know what to doafter going through the legislation. Social welfare agencies and professionalsocial workers all need enhance their understanding. Given the extensive scopeof civil and commercial matters, I am particularly concerned about the two key
points that I have just mentioned, one being consumers and the other being workers
or employees. When they go to tribunals where legal representation cannot be
arranged, how can they know their rights and the steps they need to take under thislegislation? In addition, the Mainland’s judicial efficiency reform is remarkable,
not only because of the country’s determination to implement effectively the ruleof law, but also, and more importantly, to make good use of technology. Whether
it is arbitration, mediation or trial, the speed at which transcripts and judgments areprovided by Mainland courts is measured in days. In terms of judicial efficiency,
there is a long waiting time between the conclusion of a case and the issue of
judgment in Hong Kong. On the contrary, the Mainland speed is very fast. Will
this huge gap affect the operation of the mechanism? If I choose to file a lawsuitin the Mainland, a judgment will be issued very quickly. However, in Hong
Kong, I have to obtain the documents before I can consider whether to appeal or
not and whether I have the ability and grounds to appeal. Therefore, I hope theAdministration will look into whether judicial efficiency will lead to unintended
consequences of this mechanism. Of course, we should not act according to low
standards. Since we now have some voice technology systems, can we enhancethe efficiency of the Hong Kong court system in processing transcripts or
judgments so that we will not lag behind others?

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I am also aware that this legislation, in addition to disputes and Judgments
relating to civil and commercial matters, covers payment orders made by judges inrespect of criminal proceedings, i.e. orders to effect repayment by convicted
defendants. This may concern consumers and the SAR Government as well.
What is it all about? We can see that when the SAR Government receives acomplaint, be it about public housing or social welfare, it will endeavour toinvestigate those people who have concealed their assets. Once a member of the
public is convicted, especially when CSSA or some social welfare payments are
involved, the judge or the SWD will often require the defendant to return the excess
amount of welfare payments. With the implementation of the reciprocal
enforcement mechanism between the two places, if a person has assets in the
Mainland, can the relevant judgment be enforced? If yes, will the Government
enforce it? If the Government will consider enforcement, will the information bemade public? The best legislation should be used to prevent problems, to warn
people who have deliberately or inadvertently omitted to report their assets in the
Mainland, and to let them know that they are required to report their assets in the
Mainland because this legislation already empowers the SAR Government toenforce its judgments in the Mainland. This legislation has implications on Hong
Kong people in all aspects of their lives to varying degrees, and the impact is
far-reaching. Although I do not have a legal background, I think the authorities
need to provide more explanation and support to the public. In any case, thislegislation is important, even forward-looking, as the HKSAR is positioned as acentre of legal services in the Asia-Pacific region in the development of thecountry’s 14th Five-Year Plan. Countries all over the world wish to do businesswith the Mainland, become its business partners or implement joint venture
projects. Where is the best place to resolve commercial disputes? Hong Kong,of course. It is the best in terms of the rule of law, quality and international
reputation.
If Hong Kong can really become a centre of legal services
specializing in resolving commercial disputes between the Mainland and the restof the world, the legal profession will have bright prospects and big potentials.
For this reason alone, I throw my full support behind this legislation. However,since this legislation actually covers many ordinary people and involves them incourt proceedings, I hope that the authorities will not only consider it from thecommercial point of view, but also for the sake of the ordinary people.
I so submit. Thank you, Deputy President.

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MS CARMEN KAN (in Cantonese): Deputy President, let me first declare that I
am a practising solicitor in Hong Kong and I am also qualified as a lawyer in
Mainland China.
The 14th Five-Year Plan supports the development of Hong Kong into acentre for international legal and dispute resolution services in the Asia-Pacificregion. The SAR Government and the Supreme People’s Court signed the
Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil
and Commercial Matters by the Courts of the Mainland and of the Hong Kong
Special Administrative Region (“REJ Arrangement”) in January 2019. The REJ
Arrangement needs to be implemented in Hong Kong by way of legislation in orderto establish a more comprehensive mechanism to enforce Mainland Judgments incivil and commercial matters in Hong Kong, which I call the southbound route, andto facilitate the reciprocal recognition and enforcement of Hong Kong Judgments
in civil and commercial matters in the Mainland, which I call the northbound route.
There are bustling social, economic and trade activities between Hong Kongand the Mainland. As we will proactively dovetail with the development of the
Guangdong-Hong Kong-Macao Greater Bay Area and better integrate into theoverall development of the country in the future, these exchanges are expected to
grow continuously. The REJ Arrangement and the Bill have responded to thecommunity’s aspiration for widening the scope of the regime of reciprocal
recognition and enforcement of judgments (“REJ”) between the two places, thus
doing away with the cumbersome process of re-instituting legal proceedings andlegal procedures in the place of enforcement that has long been required of the party
who wins the case.
The Department of Justice has pointed out that the Bill, if passed, will takeeffect only after the Chief Judge of High Court has made the rules and the Supreme
People’s Court has prepared the “judicial interpretation”. At the Bills Committee,
I expressed concern about the timetable and implementation details of its
simultaneous commencement in the two places. The Department of Justiceundertook to follow up properly and ensure smooth interface.
Deputy President, unlike the existing Choice of Court Arrangement and the
Matrimonial Arrangement, the Bill has a wide scope of application, covering
matters which are regarded as “civil and commercial” under both Hong Kong and
Mainland laws. However, due to the differences in the laws of the two places, the
REJ Agreement lists out the non-applicable matters. For example, as regards

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administrative proceedings and judgments relating to intellectual property rights,
some are covered and some are excluded. Therefore, the Department of Justiceagrees that not only is it by no means easy for the public to understand, but legal
practitioners also need time to sort out the scope of application. I hope that the
Department of Justice and stakeholders will continue to make their best efforts topromote and explain the REJ Agreement.
The Bill sets out specific procedures to provide for the registration andenforcement in Hong Kong courts of judgments in civil and commercial mattersmade by Mainland courts, which are very clear under the southbound system. As
to how the Mainland courts will implement the REJ Arrangement to enforce
judgments made by Hong Kong courts, i.e. the northbound system, we are still
waiting for the Supreme People’s Court to promulgate the “judicial interpretation”
on the specific legal procedures and mechanism. I am grateful to the Departmentof Justice for undertaking to reflect the views heard in the Bills Committee and theconcerns of the Hong Kong legal profession to the Supreme People’s Court and to
make effective communication. I look forward to seeing as soon as possible theripe conditions for simultaneous implementation in both directions.
During the scrutiny of the Bill, I particularly emphasized that theimplementation details should be practicable. The Mainland obviously has morecourts than Hong Kong, and the authorities have pointed out that the intermediate
people’s courts in the Mainland can also accept applications from Hong Kong fornorthbound enforcement. However, as the Mainland is a vast territory, it is very
different from Hong Kong where the registration and enforcement applications are
all handled by the Court of First Instance. For the purpose of evaluating theeffectiveness of the Bill after its implementation and introducing timely
enhancement and review, I suggest that the Department of Justice, the Judiciaryand relevant departments should endeavour to compile statistics on and analyse theoperation of the “southbound” and “northbound” systems, and set up a mechanism
to find out whether there is a need to deal with the actual situation in theenforcement of judgments in the two places.
Deputy President, the REJ Arrangement is undoubtedly a major
breakthrough, making Hong Kong the first jurisdiction to establish such an
extensive arrangement with the Mainland on the reciprocal recognition andenforcement of judgments. This is the distinctive advantage of Hong Kong under“one country, two systems”. In response to the concerns of the outside world andthe community, I hope that the Government will spare no effort to explain the BillLEGISLATIVE COUNCIL ― 26 October 2022

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to allay the doubts of the public. In addition to the advantages of Hong Kong interms of its common law system and dispute resolution services that we have beenpromoting, it should explain well how Hong Kong is capable of becoming a centre
for international legal and dispute resolution services in the Asia-Pacific region,
and at the same time attract enterprises from all over the world and the Mainland
to seize the opportunity to set up companies in Hong Kong and become entities toenjoy the benefits of reciprocal recognition of judgments in civil and commercial
matters under the Bill after its passage. I hope that in the future, we can talk more
about Hong Kong’s advantages in this regard.
Deputy President, lastly, I would like to thank the Department of Justice forlistening attentively during the scrutiny process and maintaining good and close
communication with Members. As there were good interactions and exchanges
between Members and the Department of Justice at the Bills Committee, legal
practitioners and those who are interested in understanding this piece of legislation
can also have access to public records and documents in order to better comprehend
the details of the REJ Arrangement and the Bill.
With these remarks, Deputy President, I support the passage of the Bill.

MS MAGGIE CHAN (in Cantonese): Thank you, Deputy President. First of all,
I would like to thank the Government for the resumption of the Second Reading
debate on the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill (“the Bill”) in the Legislative Council. I am also honoured to
be able to join the Bills Committee on the Bill and scrutinize the relevant contents
together with a number of Members.
The Bill seeks to implement the Arrangement on Reciprocal Recognition and
Enforcement of Judgments in Civil and Commercial Matters by the Courts of theMainland and of the Hong Kong Special Administrative Region, hereinafterreferred to as the “REJ Arrangement”, signed between the Government of the Hong
Kong Special Administrative Region and the Supreme People’s Court of thePeople’s Republic of China in 2019. Prior to the REJ Arrangement, there were
two arrangements in existence in Hong Kong which provided for reciprocal
recognition and enforcement of judgments (“REJ”) in civil and commercial
matters, namely the Arrangement on Reciprocal Recognition and Enforcement of
Judgments in Civil and Commercial Matters by the Courts of the Mainland and of
the Hong Kong Special Administrative Region Pursuant to Choice of Court

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Agreements between Parties Concerned, hereinafter referred to as the “Choice of
Court Arrangement” and Arrangement on Reciprocal Recognition and
Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courtsof the Mainland and of the Hong Kong Special Administrative Region, hereinafterreferred to as the “Matrimonial Arrangement”, each only provides for a specificscope of application in relation to civil and commercial matters.
However, with growing ties between Hong Kong and the Mainland in termsof various social, economic and trade matters, the Choice of Court Arrangement
and the Matrimonial Arrangement certainly are not able to fully address the needsof the public or some business organizations for a comprehensive REJ mechanism.
The signing of the existing REJ Arrangement between Hong Kong and theMainland has brought about full coverage of cross-boundary application of
judgments in civil and commercial matters, reflecting the strong advantages ofmutual cooperation between the two places under “one country, two systems”.
In his important speech delivered on 1 July, General Secretary XI Jinping
pointed out that the Central Government fully supports Hong Kong in its efforts to“maintain its distinctive status and edges” and there was a very important phrase:“maintain the common law system”. In the chapter on Hong Kong and Macao in
the Report to the 20th National Congress, the General Secretary also emphasized“supporting Hong Kong [and Macao] in growing their economies, improving living
standards”, “improving their judicial system and legal systems”, and “support
Hong Kong [and Macao] in better integrating themselves into China’s overall
development”. The Bill, if passed, will be a key initiative to promote theintegration of the Guangdong-Hong Kong-Macao Greater Bay Area. Not only
will it expand the scope of cross-boundary mutual legal assistance, enhance theinvestment and business environment of the two places, and provide support in
relation to civil matters, but will also continue to safeguard Hong Kong’s
distinctive status and edges.
The following are my views on the Bill’s commencement. I believe thatthe Bill carries the spirit and aspirations for integration between the two places.
However, at present, neither the Department of Justice nor the Judiciary has
established a direct institutional channel of communication with its Mainland
counterparts. In this regard, I would like to make a few suggestions for the
Department of Justice’s consideration.

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First, the Hong Kong Judiciary should establish a proactive case notification
mechanism with Mainland courts. Under clause 29(2) of the Bill, where aregistration application is made in Hong Kong in relation to a Mainland Judgment,
the applicant must notify the court in Hong Kong where proceedings are pending
in respect of the same cause of action. Nevertheless, I am also concerned thatclauses 29(2) and 29(3) of the Bill do not specify the consequences of the failureof the applicant for registration to notify the adjudicating court in Hong Kong. Of
course, we understand that the decision of the litigant parties to notify or not to
notify the court is a matter of litigation strategy and the circumstances can vary
greatly. However, since there is such a provision in the Bill, we certainly hopethat the authorities will put in place regulatory measures in various aspects when
the relevant practice is implemented.
In this connection, I suggest that the Department of Justice and the Judiciary
should engage in high-level collaboration with the Supreme People’s Court. A
dedicated department should be set up in their respective systems, and a proactive
case notification mechanism supported by an advanced online platform should beestablished. Simply put, when a court receives a case involving the jurisdictionof the other side, it should take the initiative to notify the other side’s court andcheck whether the case has been filed in that jurisdiction. Upon receipt of thenotification, the court of the other side should consider adequately whether it will
accept re-litigated cases. This can protect people’s right to sue while avoiding
double jeopardy.
Second, in addition to implementing the Choice of Court Arrangement,
Hong Kong needs to further improve the support for mutual legal assistance with
the Mainland. For example, the Hong Kong Department of Justice and theSupreme People’s Court should work out the arrangements for mutual assistancein preservation measures in civil and commercial matters. In fact, such interim
measures are currently only available in arbitration cases. This suggestion andidea would allow a party, before filing a lawsuit or applying for recognition of ajudgment, to preserve the other party’s property to facilitate the enforcement of thejudgment.
Besides, the arrangements for entrustment of the obtainment of evidence andservice of documents, which were made many years ago and have not kept up withthe times, have failed to embody modern technology such as electronic service.
At present, the service procedures are so cumbersome and complicated that many
Mainland courts have to face the vexing problem relating to the ways of service

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when handling cross-boundary cases. Therefore, Hong Kong and the Mainland
should expeditiously discuss the development of electronic technology forevidence obtainment and service of documents to better meet the needs of amodernized judicial system.
Third, we should strengthen the development of judicial informatization andpromote an online platform for mutual legal assistance and cooperation. At
present, the Mainland has topped the world in judicial informatization
development. From the filing of a case to the hearing of a case to the delivery ofa verdict, the entire litigation process can be conducted online. The parties
concerned can complete the entire legal process simply with a mobile phone inhand without having to leave home. As for Hong Kong, the local courts are reallylate starters in this area. I therefore suggest that the Hong Kong Judiciary may
draw on the Mainland’s experience and establish an online platform for mutual
legal assistance and cooperation. Before that, the basis of the judicial cooperationagreement is to migrate the litigation process ranging from cross-boundary
entrustment of evidence obtainment, service of documents to application forpreservation, recognition and enforcement of judgments to an online platform.
In a nutshell, I hope that the Government will not consider that the Bill has“achieved its objective” after its passage today and indulge in a “false sense of
security”, taking for granted that the mutual legal assistance measures will certainly
operate smoothly. It is indeed necessary for the authorities to seriously follow up
on the complementary measures and fully implement the policy on mutual legal
assistance. As a delegate to the National People’s Congress, I have put forward
the suggestions I have just mentioned to the Supreme People’s Court and their
response is very positive. I look forward to the close cooperation between the
Secretary for Justice and the Supreme People’s Court in arranging for the
implementation of legal and technological support measures that are in line withthe times.
Last but not least, let me talk about public education. Just now you saw
that Mr TANG Ka-piu and I were working together, and many Members wereconcerned about the issue of public education in the future. Earlier on, Mr TANG
Ka-piu and I have explained the Matrimonial Arrangement on cross-bordermarriage to the public and workers. I think the Government’s publicity campaign
should also be “penetrating”. In addition to the use of “info-pack”, “infographics”
can also be used in explanation, so that members of the public, workers, the generalLEGISLATIVE COUNCIL ― 26 October 2022

5277

public, ordinary people and everyone can understand the national spirit behindmutual legal assistance and integrate into the development of our country.
Finally, I hope that the Bill can be read the third time and passed, so as togive full play to Hong Kong’s edge as the only jurisdiction in the country thatapplies the common law, and to respond to our country’s expectation of ourintegration into the overall development of the country.
I so submit.

MR ROCK CHEN (in Cantonese): Deputy President, the legislative intent of theMainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement)
Bill (“the Bill”) is to reduce creditors’ need for re-litigation of the same disputes inboth places and establish a more comprehensive mechanism for reciprocal
recognition and enforcement of judgments, which will be conducive to Hong
Kong’s competitiveness as a centre for legal and dispute resolution services.
Therefore, the Democratic Alliance for the Betterment and Progress of Hong Kongand I support the Bill, though there are still some issues and controversies that need
to be addressed or clarified.
Firstly, it is difficult to recover debts. Many creditors in the industrial andbusiness sector in Hong Kong had encountered great difficulties in enforcing
judgments made by the Mainland courts on the Mainland for reasons such as the
Mainland debtors having changed their names, gone into hiding, transferred or
made false declarations of assets, and insisted on not repaying their debts. Added
to this is that a lot of manpower and resources are involved in recovering debts
across the border, and sometimes it is really difficult for the creditors to effectively
exercise their rights according to the judgment. Now it is proposed that
judgments delivered by the Hong Kong courts will be further enforced on the
Mainland, but if the losing party does not comply with the court’s judgment, whatmechanism is in place for the authorities to successfully enforce the judgments ofthe Hong Kong courts on the Mainland to protect the rights of the creditors?
Secondly, there are laws in both places that may not exist in the legal systemsof the other side. Under the new arrangement, basically applications can be madeto Hong Kong courts for enforcement of all Mainland Judgments for civil casesand vice versa. But if, in respect of some judgments in Mainland cases, such as

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those relating to portrait rights, Hong Kong has no corresponding rights, can therelevant judgments be enforced in Hong Kong? Although the Government
replied at the meeting of the Bills Committee earlier that the judgment would be
eligible for registration so long as it fell within the definition of clause 3 of the Billand was not an excluded intellectual property case under clause 5(1)(c), theproblem is that the Bill, by its nature, is so complicated that members of theindustrial and business sector, the general public and even the legal profession
sometimes feel confused.
Thirdly, the Mainland courts may lack experience in hearing civil andcommercial cases of Hong Kong. According to information made public in 2018
by the foreign-related commercial tribunal of the Guangzhou Intermediate People’s
Court, from 2015 to the first half of 2018, an annual average of 1 477 civil andcommercial cases involving foreign, Hong Kong, Macao and Taiwan parties washandled by the primary courts in Guangzhou, of which the People’s Court of
Yuexiu District, Guangzhou, handled 376 cases, whereas the other courts handledless than 20 cases on average a year. Owing to the uneven caseload of courts indifferent districts, especially as judges and courts in the remote areas may not haverich or sufficient experience in handling foreign-related civil and commercial cases,
there may be discrepancies in making judgments on the cases. I am worried that
if a judgment is enforced in both places and when the results are different, how can
the rights of the winning party be protected then?
Fourthly, there will be a substantial increase in the workload of the Judiciary.
Information shows that since the return of Hong Kong to the Motherland, we havesigned with the Mainland a total of eight arrangements for judicial assistance in
civil and commercial matters, and the number of cases involving the serving of
judicial documents, entrusted by one of the two sides to the other, increased from359 in 1999 to 2 382 in 2020, representing a five-fold increase in 20 years andadding up to a total of close to 30 000 cases. So, after the passage of the Bill, we
can expect that the Judiciary’s workload in terms of cross-border cases will
increase considerably and by then, we will have to worry about whether theGovernment has set aside sufficient resources and manpower to cope with suchworkload.
Targetting the problems that I mentioned above, I would like to make thefollowing recommendations.

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Firstly, creditors should be given full protection. There should bemechanisms to provide support for creditors who encountered difficulties in debt
recovery. For example, the Judiciary can set up a website or a one-stop service
channel to provide guidelines or solutions to creditors, so that they do not have totravel a long way or feel at a loss sometimes and even suffer losses that ultimately
outweigh the gains.
Secondly, it is necessary to clarify the laws of the two places. Given thatthe Bill has a wide scope of application, when some laws do not exist in the legal
system of Hong Kong, such as those on portrait rights in the Mainland that I
mentioned earlier, the authorities should remove the excluded Mainland laws fromthe mechanism in a timely manner and clearly explain the scope of application of
the Bill. In case of problems arising in the implementation of the Bill, it is all themore necessary to resolve them through coordination and negotiation between thetwo places.
Thirdly, we should confine the recognized Mainland Judgments to thosemade by the intermediate people’s courts on the Mainland, and recognition of
judgments made by the primary courts will not be considered for the time being.
For instance, we can suggest to the Mainland that the handling of civil andcommercial cases involving Hong Kong can be entrusted mainly to theintermediate people’s courts which are more experienced or larger in scale, so thatthe relevant judicial personnel can quickly accumulate rich experience in hearing
these cases and the ability to handle them. This can resolve some possible
consequences from a lack of experience of the other courts. In the future, after
accumulating sufficient precedents and experience in handling different types ofcases, we can consider extending the scope step by step to cover primary courts.
Fourthly, the Judiciary should be prepared to provide matching resources
and manpower to cope with the substantial increase in the workload arising fromthe enforcement of the registration mechanism under the Bill, in order to reduce
the waiting time of creditors.
I hold that the Bill can enhance Hong Kong’s competitiveness as aninternational legal and dispute resolution service centre in the region, and also
embody the collaboration between Hong Kong and the Mainland.
With these remarks, I support the Bill.

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MR CHAN KIN-POR (in Cantonese): Deputy President, I support the Mainland
Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill (“theBill”) proposed by the Government today.
The Bill seeks to implement the Arrangement on Reciprocal Recognition and
Enforcement of Judgments in Civil and Commercial Matters by the Courts of theMainland and of the Hong Kong Special Administrative Region (“the REJ
Arrangement”) signed between the Hong Kong Special Administrative Region(“HKSAR”) and the Supreme People’s Court of the People’s Republic of China,
with a view to establishing a reciprocal recognition and enforcement of judgments(“REJ”) mechanism in civil and commercial matters. This mechanism, which issimple and highly efficient, must be abided by both places. As cross-boundary
enforcement of judgments will follow clear and unambiguous procedures in the
future, the risk, cost and time of the parties involved will be significantly reduced,
thereby facilitating the optimization of increasingly busy cross-boundary trade,while at the same time enhancing Hong Kong’s competitiveness as an international
legal and arbitration centre in line with the National 14th Five-Year Plan.
The Bill, together with the other arrangements on mutual legal assistance
between the two places which are already in place, will bring about acomprehensive REJ mechanism in civil and commercial matters in both places,
thereby obviating the need for re-litigation of the same disputes in the courts ofboth places. In addition, the scope of application of the Bill has been expanded
to cover a wide range of disputes over intellectual property rights, which will also
complement Hong Kong’s development into a regional intellectual property trading
centre under the National 14th Five-Year Plan.
During the scrutiny of the Bill, some members of the business community
expressed concern that the enforcement of Mainland Judgments would be
detrimental to Hong Kong. However, as the Secretary for Justice has repeatedly
explained, the Bill stipulates that for a Mainland judgment to be enforced in Hong
Kong, the making of registration with a Hong Kong court is a prerequisite. On
the other hand, the court also has the power to set aside a registration. The
Government has established a mechanism in accordance with the law whereby aparty may seek to have the registration set aside and not enforced by filing a reason
with the Court of First Instance for refusing the registration. In other words, Hong
Kong courts can act as a gatekeeper for enforcement under common law principles.
The Secretary for Justice’s explanation is very clear and I believe it has allayed
public concerns.

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In addition, the Bill involves stakeholders from different industries,
including the insurance trade and the enforcement of insurance contracts. The
insurance trade has also expressed its concerns to the Government; and we are
grateful for the Government’s response. Currently, contracts relating to motor
vehicles third party liability insurance, public liability insurance and employees’
compensation insurance would usually contain an exclusion clause excluding theinsurer from liabilities for indemnifying the insured for liabilities arising from
judgments which are not in the first instance delivered by a Hong Kong Court.
The Government has confirmed that if the relevant clause is effective, the defendant
would not be indemnified by the insurer and would have to find other means tosatisfy his liabilities under the Mainland Judgment whether or not it is registered in
Hong Kong.
The concerns of the insurance trade have been clarified. It is hoped that theauthorities will communicate more with the trade to answer their enquiries before
the implementation of the legislation, and consult the trade on the actual situation
after the implementation to ensure that the Bill can fully achieve its intended
effects.
Thank you, Deputy President.

DR PRISCILLA LEUNG (in Cantonese): Deputy President, I speak in support of
the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill (“the Bill”).
Personally, I think the Bill is long overdue, but it has finally come into being.
To the public and all Members, it is an extremely important piece of good news.
However, some friends of mine from the business and other sectors, and even somemembers of the public, have relayed to me their concerns about the Bill.
Nevertheless, as members of the legal profession, we very much welcome the Bill.
Why is there such a contrast? Upon its passage, I believe the Bill will ultimately
be enforced by lawyers because of the many legal technicalities and procedures
involved. That being said, the Bill itself reflects a number of fundamental issues.
Deputy President, I have been advocating the implementation of REJ in civil
and commercial matters between Hong Kong and the Mainland since 2000. Why
did I put forward this proposal back then? The reason was that I had assisted in a

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major case in 1998 in which more than 200 Hong Kong people had bought“uncompleted properties” and “shrunken flats” in Guangdong, China, and theyturned to me for help. At that time, I had just become a barrister for a short time,and I was more familiar with Mainland laws and real estate laws. How did they
respond? They refused to pay for the properties and took their case to the court
instead. After they had won the case in the Mainland, the developer fled. So,
they neither took possession of their properties nor repaid the mortgage loans in the
belief that they could recover the money they had paid after winning the lawsuit.
Little did they realize that the Mainland bank concerned had a branch in Hong Kongwhich filed a lawsuit against them locally, and that their accrued interests had
already snowballed. While the property value was only $2 million, the interests
had risen to $8 million which had created a huge trouble to them. I assisted infollowing up their cases in the Mainland back then. In the absence of an REJ
arrangement between the two places, these victims had to hire lawyers afresh in
Hong Kong. Many of the victims had compromised. The remaining one or twoof them who insisted on fighting to the end had suffered huge losses given the highlegal costs of filing lawsuits in Hong Kong, despite the fact that they had apparently
won their lawsuits in the Mainland.
In view of this, subsequently, I even took this as the topic for my doctoral
thesis to examine the relevant arrangements for the three places on both sides of
the Taiwan Strait (including China’s Taiwan region). Based on my research, I
found that the Taiwan region had already recognized the judgments in civil andcommercial matters by the courts of the Mainland―which they referred to as the“Mainland area”―through the Act Governing Relations between the People of the
Taiwan Area and the Mainland Area as early as in 1992. The Supreme People’s
Court of China promulgated an interpretation in May 1998, recognizing the
judgments in civil and commercial matters of China’s Taiwan region, while Hong
Kong has established reciprocal recognition of arbitral awards with the Mainlandon 31 March 1999. Therefore, this is not the first time that Hong Kong hasrecognized Mainland Judgements. In 1998, the Court of Final Appeal handed
down a judgment in the “Ting Lei Miao case” in Hong Kong on whether abankruptcy order made by a court in China’s Taiwan region should be recognizedin Hong Kong. The ruling back then specifically stated that China’s Taiwan
region was not recognized as having any sovereignty issues because it was part ofChina, but that the bankruptcy order was recognized for the benefit of the people
on both sides of the Taiwan Strait on the basis that it was not contrary to the public
policy of Hong Kong.

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However, why did it take so long for court judgments in civil andcommercial matters to be recognized? It was only in 2006, after much hard workand advocacy of various parties, that a breakthrough was made in judgments indebt-related cases. It was not until 2017 that judgments in matrimonial cases werereciprocally recognized. Today, I am very happy that we are finally discussing
the passage of a bill on reciprocal recognition of court judgments in civil andcommercial matters. I believe that it has something to do with our mindsets.
Given the huge gap between the Chinese legal system and Hong Kong’s common
law system, both sides have a lot of concerns. For example, Hong Kong isworried that recognizing Mainland judgments may prejudice some people’sinterests. By the same token, it has turned out that Mainland courts are likewise
worried that recognizing the judgments of Hong Kong courts will cause them harm.
Therefore, it is not just one side which has shown concerns.
Over the past 20 years, quite a few Chinese judges have been sent aroundthe world for further studies, and many have come to Hong Kong to study for abachelor’s degree or doctor’s degree. They are familiar with the common law andrecognize that the common law spirit has a lot in common with the spirit of thecurrent Mainland law. In addition, the Mainland judicial and legal system hasdeveloped by leaps and bounds in the past 40 years; and it is my honour to havebeen participating in the development process. At present, many Mainland
judicial officers are proficient in both English and Chinese; and the City Universityof Hong Kong, where I teach, has been nurturing Mainland judges for local
master’s and doctoral degrees since 2006. Therefore, I am eager to ask you not
to greet the Bill with anxiety because it will bring tremendous benefits to the peopleof Hong Kong and the Mainland. As regards the differences mentioned by several
Honourable colleagues earlier that need to be bridged, they should be left to thelawyers whom people trust. Lawyers should “do their homework well”. I
strongly believe that the judges of both sides (from high-level judges to low level
judges) have familiarized themselves with the arrangements and the Bill we are
discussing today. They have spent 20 years examining the differences between
the two systems and identifying common attributes for the benefit of the people ofboth places.
Deputy President, I am therefore extremely delighted today and I will fully
support the Bill. Deputy President, I so submit.

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MR LAI TUNG-KWOK (in Cantonese): Deputy President, I rise to speak insupport of the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill (“the Bill”).
In the past 25 years since Hong Kong’s return to the Motherland, theMainland and the Hong Kong Special Administrative Region have signed a totalof nine arrangements on mutual legal assistance, eight of which have been enforced
upon completion of domestic legislative exercise, including the Arrangement for
Mutual Service of Judicial Documents in Civil and Commercial Proceedings
between the Mainland and Hong Kong Courts signed in January 1999, theArrangement on Reciprocal Recognition and Enforcement of Judgments in Civil
and Commercial Matters by the Courts of the Mainland and of the Hong Kong
Special Administrative Region Pursuant to Choice of Court Agreements between
Parties Concerned signed in July 2006, and the Arrangement on Reciprocal
Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases
by the Courts of the Mainland and of the Hong Kong Special Administrative
Region signed in June 2017.
The eight arrangements on mutual legal assistance implemented have in
general been introduced in a progressive and step-by-step manner, starting fromresolving the simplest issue regarding the service of judicial documents in civil andcommercial proceedings, setting up a mechanism on the entrustment of theobtainment of evidence between the two places, improving the mechanism
concerning mutual enforcement of arbitral awards between the two places, tomaking arrangement on reciprocal recognition and enforcement of judgments inmatrimonial and family cases. It has been a hard journey, with one step taken ata time.
It is not until today that the Arrangement on Reciprocal Recognition and
Enforcement of Judgments (“REJ”) in Civil and Commercial Matters by the Courtsof the Mainland and of the Hong Kong Special Administrative Region (“REJ
Arrangement”) has finally reached the final hurdle of domestic legislative exercise.
The REJ arrangement has responded to the community’s call for expanding thescope of application of the REJ Arrangement by covering a wide range of
judgments on contractual and tortious disputes, thereby making Hong Kong thefirst jurisdiction to have an arrangement with the Mainland on REJ with such awide coverage, and accentuating the unique advantages of “one country, twosystems”. The REJ arrangement is worthy of our support.

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Like many Honourable colleagues in the Bills Committee, I am very
concerned about the publicity and public education on the Bill. During thescrutiny of the Bill, the Administration stated that it would draw reference from thepublicity work following the implementation of the Mainland Judgments in
Matrimonial and Family Cases (Reciprocal Recognition and Enforcement)
Ordinance (“the Ordinance”), but I think this is not enough.
Back then, the local publicity work on the Ordinance focused on theorganization of seminars in the first place. I fully support the seminars organizedby the authorities for the legal profession and other stakeholders. Of course, toour profession, the more we have been informed about the arrangements on mutual
legal assistance, the better we will understand them. However, it seems that morework has to be done in respect of educating the general public.
I have visited the special web page on the Ordinance. It is true that theGovernment has uploaded all the documents, history of the legislative process andrecorded footage of seminars on the web page. However, does it mean that thiswill enhance public understanding?
Theoretically, the promotional leaflet on the web page should be mosthelpful to the public, but the leaflet has simply provided an unemotional descriptionof the judicial arrangements and local legislation. Why not adding some real-life
examples in the leaflet to explain how people can take legal action under different
situations?
The Frequently Asked Questions section of the web page is also written insuch an abstruse way that people will find it extremely difficult to understand andcomprehend. The array of legal jargons is so inscrutable that people will end up
having more questions after reading the section, rather than getting the answers thatthey are looking for.
In fact, there is a general problem with the Government. For example,
during the fifth wave of the epidemic, I once criticized the notices issued by theGovernment for not being reader-friendly and taking people too much time to readthem. After spending a lot of time reading the notices, they are still unable tounderstand what the Government was talking about. The notices have failed toserve their purposes. In my opinion, the Government should definitely devote
more time to explain the details of policies or new legislation in a simple way, andthere is absolutely significant room for improvement.

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Deputy President, upon passage of the Bill, I hope that the full coverage ofmutual legal assistance in the areas of civil and commercial matters between the
Mainland and Hong Kong will provide better judicial protection for the people ofthe two places. I also hope that the Government will do a good job in publicity
and public education to enhance public knowledge about the arrangements on
mutual legal assistance. I so submit.

MS YUNG HOI-YAN (in Cantonese): Deputy President, the Mainland Judgments
in Civil and Commercial Matters (Reciprocal Enforcement) Bill (“the Bill”) isdrafted to give effect to the Arrangement on Reciprocal Recognition and
Enforcement of Judgments in Civil and Commercial Matters by the Courts of theMainland and of the Hong Kong Special Administrative Region signed between
the SAR Government and the Supreme People’s Court on 18 January 2019. I amvery happy to be a member of the Bills Committee.
As the only common law jurisdiction in the country, Hong Kong has a global
reputation for the rule of law. Hong Kong has even brought together legal anddispute resolution expertise from around the world, and more than half of theworld’s top 100 law firms have established offices here. Moreover, our judicial
officers are recognized worldwide for their independence, impartiality andprofessional excellence.
Therefore, Hong Kong should capitalize on its
advantages as the centre for international legal and dispute resolution in the
Asia-Pacific region and serve as an important bridge between the Mainland and therest of the world by constantly engaging in bold exploration and seeking newopportunities. In fact, with the gradual economic integration between the
Mainland and Hong Kong, a wider coverage of the arrangement on reciprocal
recognition and enforcement of judgments (“REJ”) between the two places is anindispensable development target, and the introduction of the Bill is precisely a big
step towards this target.
Once the Bill is passed, Hong Kong will be the only common law jurisdiction
to have established comprehensive REJ arrangements with the Mainland. The
Bill has put in place a better and more comprehensive mechanism for REJ in civil
and commercial matters between Hong Kong and the Mainland, thereby reducing
the need for re-litigation of the same disputes in both places. Furthermore, theBill will also provide better protection for the interests of the parties by extending
enforceability to assets located in the Mainland, subject to the fulfilment of certainLEGISLATIVE COUNCIL ― 26 October 2022

5287

requirements. This will incentivize the parties concerned, especially foreign
parties accustomed to common law, to choose Hong Kong as the destination for
dispute resolution.
Therefore, the Bill’s arrangements on REJ in civil and commercial mattersand arbitral awards between Hong Kong and the Mainland will certainly further
enrich the content of mutual legal assistance arrangements on civil and commercial
matters between Hong Kong and the Mainland under the common law system, help
strengthen Hong Kong’s advantages as a dispute resolution venue, enhance Hong
Kong’s competitiveness and, most importantly, increase Hong Kong’s appeal as acentre for dispute resolution services in the Asia-Pacific region for resolving
disputes through such ways as litigation or arbitration.
On the other hand, Article 95 of the Basic Law provides that the Hong Kong
Special Administrative Region may, through consultations and in accordance withlaw, maintain juridical relations with the judicial organs of other parts of thecountry, and they may render assistance to each other. On this basis, the Bill hastaken into account the practical needs and circumstances of Hong Kong and theMainland and expanded its scope of application by covering a wider range of
judgments on contractual and tortious disputes to expressly include judgments
given in respect of certain types of disputes over intellectual property rights. This
fully upholds the principle and leverages the advantages of “one country, twosystems”. In short, the highly efficient mechanism on mutual legal assistance on
civil and commercial matters advocated by the Bill embodies the uniqueness of“one country, two systems”, which is extremely important for the joint, sustainable
development of the Mainland and Hong Kong, and for Hong Kong to respondpositively to the practical needs of the increasingly close socio-economic ties
between the two places.
The implementation of the REJ arrangements between Hong Kong and theMainland will bring a number of benefits, which include: increasing certainty bymaking cross-boundary enforcement of judgments more transparent andpredictable; reducing the risks, legal costs and time generally associated withcross-boundary enforcement of judgments; facilitating cross-boundary trade andinvestment; and enhancing Hong Kong’s competitiveness as a centre ofinternational legal and dispute resolution in the region and an intellectual property
trading centre, thereby keeping our arbitration services up-to-date and attracting
more people to choose Hong Kong for arbitration and legal services.

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During the discussion at the Bills Committee, we have also expressed
concern about the relevant publicity and public education. In particular, I am
concerned about the preparedness of the Judiciary and the legal profession. As
for the legal profession, we understand that this concerns the different laws of theMainland and Hong Kong under China’s civil law system and Hong Kong’s
common law system. I believe that lawyers with relevant experience also need to
do more research in this area, and I hope that the Department of Justice will provide
more relevant information to legal practitioners, whether they be barristers orsolicitors. I hope that the relevant knowledge, practical implementation andoperational measures, guidelines, etc., can be made clearer so that legal
practitioners can provide legal advice to their clients more quickly.
Deputy President, I support the Second Reading of the Bill to boost thecomplementarity between the respective strengths of Hong Kong and the Mainland,
further accumulate experience and deepen cooperation, thereby consolidating
Hong Kong’s positioning as a centre for international legal and dispute resolution
services in the Asia-Pacific region under the National 14th Five-Year Plan andfacilitating the development of Chinese-style modernization.
Thank you, Deputy President.

MR CHAN YUNG (in Cantonese): Thank you, Deputy President. Thank you,
Secretary for Justice (“the Secretary”) Mr Paul LAM. The Democratic Alliancefor the Betterment and Progress of Hong Kong, the New Territories Association ofSocieties and I support the general direction of the Mainland Judgments in Civil
and Commercial Matters (Reciprocal Enforcement) Bill (“the Bill”). We allunderstand that after Hong Kong’s return to the Motherland, there is an increasing
demand for Hong Kong’s gradual integration into the national development. As
an HKSAR deputy to the National People’s Congress (“NPC”), I receive hundredsof requests for assistance every year, particularly with regard to cross-boundary
matters, and even more so for general enquiries. In response to these demands,
the SAR Government and the Secretary have therefore proposed the Bill. In
particular, after the discussion at the relevant bills committee, I believe that
Members will endorse and support the general direction of the Bill.
In addition, as we can see, President XI Jinping has made it very clear in his
speech during his inspection of Hong Kong on 1 July that the Central Government
fully supports Hong Kong in maintaining its common law system, including theLEGISLATIVE COUNCIL ― 26 October 2022

5289

maintenance and development of the original laws including the common law. In
particular, we have noticed that the newly published Report to the 20th National
Congress of the Communist Party of China has also mentioned law-based
governance in Hong Kong and better integration into China’s overall development.
As stated by Chief Executive John LEE in his Policy Address and by the Secretary,Hong Kong is an international legal hub, which is our pillar to be developed
continuously in the future. Countries around the world will therefore be eager tocome to Hong Kong to use and obtain the high-quality services in this area, thereby
enabling Hong Kong to better develop and capitalize on our strengths of thecommon law system.
With respect to Hong Kong’s diverse legal and dispute resolution services,
the Policy Address has made it very clear that under the common law system, ourstrength lies in the mutual legal assistance arrangements on civil and commercial
matters between Hong Kong and the Mainland. As such, the need for suchservices has brought Hong Kong closer to the Greater China and the Mainland. If
Hong Kong people have the need for re-litigation, or when they encounter
commercial disputes, it would be very difficult for them to travel to remote places
such as Inner Mongolia and Xinjiang to settle legal or commercial disputes given
the vast size of our country. Furthermore, the cost of enforcement will also behigher. Given that Hong Kong has returned to the Motherland, the services in thisrespect should even be enhanced. I therefore believe that Members will support
the need for and the direction of the Bill.
Next, I will talk about how we can do a better job. In this regard, I believethat the passage of the Bill is just the beginning. The Secretary and colleagues atthe Department of Justice (“DoJ”) should give more careful consideration because
the law, which is something new after all, involves the integration of Hong Kong’s
common law and the Mainland law. When more precedents become available,
we will find the law easier to understand. As Secretary LAM has mentioned
during his consultation with various sectors, including the “HKSAR Deputies to
NPC, HKSAR Members of the CPPCC National Committee and Representativesof Relevant National Organizations” functional constituency, the Bill is analogous
to an elephant. Before seeing the full picture, some people would smear it or evendescribe it as extremely scary. It is understandable because this is also the casewith some laws in the past. However, when the law is gradually implemented, orwhen the full picture of the real elephant is revealed, many rumours will be
automatically dispelled. After more precedents are established, it will be easier

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for people to have a full understanding. Take the arrangement on reciprocal
recognition and enforcement of civil judgments in matrimonial and family cases as
an example. Both Hong Kong and the Mainland have a lot of experience inenforcing judgments in cross-boundary divorce cases. We also hope that the
Secretary and DoJ colleagues will make more efforts in this area so that the generalpublic, who are not legal professionals, can understand it more easily.
On the other hand, as mentioned just now, the Bill is beneficial because it
will reinforce Hong Kong’s status as an international legal centre, avoid
re-litigation, save time and costs of the parties involved, improve cross-boundary
trade and investment environment, etc. I believe all Members will agree.
In addition, I have noticed that the Bill, which has drawn reference frommany international standards, including the Hague Convention on the Recognition
and Enforcement of Foreign Judgments in Civil or Commercial Matters, is in linewith international standards. On the other hand, as all of us can see, I, particularly
in my capacity as an HKSAR deputy to NPC, have made some recommendations
on the country’s judicial construction during the annual “two sessions” by drawing
on Hong Kong’s experience. As a result, we can see that the Mainland legal
system is improving year by year. As we have been pursuing fairness and justicein the administration of justice, the public can see that their rights are being
protected before the law.
In addition, there are some proposals from various sectors, such as “theHKSAR Deputies to NPC, HKSAR Members of the CPPCC National Committee
and Representatives of Relevant National Organizations” functional constituency
which I represent. We have come across some cases of people in the community
asking for help, they are a bit concerned that they cannot clearly understand the law
given the small number of precedents available. We would like to make somesuggestions. First, we should refer to matrimonial laws and collate previous
cases. As Mr LAM San-keung, Deputy Chairman of the Bills Committee, hassuggested, an “info-pack” with simple illustrations―similar to the diversified
promotional materials of the Policy Address―should be provided so that thegeneral public can understand the pros and cons of the Bill more easily; know how
to seek help and resolve their problems if they have concerns; and get timely
assistance from local judicial departments in Hong Kong when confronted with
relevant issues in the future.

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In addition, given the vast territory and numerous provinces of the Mainland,even if we take the speedy Express Rail Link, it may not be possible to travel
around the country in one day. However, as we have seen during our visits to theMainland, in fact, many judicial decisions in the Mainland have already beenposted online and there is a huge database. We have called for more efficientinterface with the Mainland, which might require more hard work from theSecretary to effect timely and instant exchanges on final judgments of the twoplaces involving Hong Kong people in the shortest time, thereby reducing the timelag and enabling Hong Kong people to grasp the relevant information more quickly.
If Hong Kong people are involved in Mainland Judgments, the interface with Hong
Kong judicial departments, as well as expeditious and timely grasp of relevant
information, will further reduce the exchanges of relevant documents and otherproblems arising from delivery and time lag. Meanwhile, the enhanced efficiency
will better safeguard the interests of the general public, particularly the parties
involved in cases, and raise the efficiency of mutual legal assistance between Hong
Kong and the Mainland region in Greater China.
By adopting this“result-oriented” approach, we believe that the outcome will be more productive,
efficient, desirable, economical.
In addition, we hope that the passage of the Bill is only the beginning, andthe work in this regard should be ongoing. I would earnestly ask Secretary LAM
to lead a review of the ongoing arrangements to see what aspects of the procedures
require refinements in due course. Similar to our country, I believe that Hong
Kong should always follow the path of legal construction, so as to give the generalpublic a clearer picture and more confidence. Should anything which had notbeen considered in the design come up during actual operations, the Secretary andDoJ should document them in a timely manner. We suggest that they interact
with the Legislative Council and the relevant committees on a regular basis, so as
to enhance mutual communication when we have received new cases, so as toensure a smoother operation.
Furthermore, regarding the procedure for making registration application,
given that government documents, especially legal documents, are generally more
complicated due to the need to protect the parties concerned and the legal language
involved, we propose adopting a simple and direct way of presentation as far as
possible. Since the Bill is targeted at the general public, it is most fundamental toensure public understanding, which is also the basis for reducing misconception
and misunderstanding.

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Last but not least, I would like to thank the Secretary for his frequent
participation in many relevant public consultation sessions over a period of time in
the past, explaining legal issues in very simple terms.
I so submit. Thank you, Deputy President.

DR HOEY SIMON LEE (in Cantonese): Thank you, Deputy President.
Article 95 of the Basic Law stipulates that the Hong Kong Special Administrative
Region (“HKSAR”) may, through consultations and in accordance with law,maintain juridical relations with the judicial organs of other parts of the country,
and they may render assistance to each other.
Accordingly, the Supreme People’s Court (“SPC”) and the HKSAR
Government reached for the first time on 14 July 2006 an agreement titled
Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil
and Commercial Matters by the Courts of the Mainland and of the Hong Kong
Special Administrative Region Pursuant to Choice of Court Agreements between
Parties Concerned. It has hence opened up a channel for direct enforcement of
the judgments of Mainland courts in the SAR courts, thereby facilitating people
doing business in both the Mainland and Hong Kong. The relevant Hong Konglaws are the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597)
and Order of 71A of the Rules of the High Court (Cap. 4A).
However, the 2006 agreement covers only the part on monetary relief in the
judgments. Apart from the relatively narrow scope of application, quite a lot ofcontroversies have also arisen during actual application of the existing regime.
For the purpose of optimizing the application of the laws in both places and thelegal environment for doing business in both places, SPC and the HKSAR
Government reached another new agreement on 18 January 2019. The content of
the new agreement is more comprehensive and detailed, thus providing a morereliable mechanism for handling civil and commercial disputes amid theincreasingly buoyant trade between the Mainland and Hong Kong. It also
highlights Hong Kong’s role as a regional centre for legal and dispute resolution
services.
I have also submitted my views on this subject to the Department of Justiceat the beginning of this year, pointing out that the relevant Bill and the related rules
should be welcomed as they can enhance the connectivity of the legal systems of

LEGISLATIVE COUNCIL ― 26 October 2022

5293

the two places. Same as the majority of the respondents to the public consultationback then, I support the passage of the Bill for implementation of the relevantarrangements.
This is because it will reduce the need for the parties to undergo re-litigationof the same dispute in both places, so as to offer better protection to the interests ofall parties. Moreover, reciprocal recognition and enforcement of judgments withforeign courts is the prevailing international trend in the judicial field. The
relevant arrangements can better deal with the mutual recognition of the laws of
the two places; provide a clear legal basis for judgments involving civil andcommercial matters; reduce the risks, legal fees and time involved incross-boundary enforcement of the relevant judgments, thereby improving theenvironment for cross-boundary trade and investment.
The HKSAR Government has signed nine instruments on mutual legal
assistance in civil and commercial matters with the Mainland in accordance with
Article 95 of the Basic Law. However, the actual number of cases relating tomutual legal assistance in civil and commercial matters leaves much to be desired
at present. I am looking forward to a more comprehensive coverage of thearrangements following the passage of the Bill. This will not only facilitate theeconomic and trade cooperation between the two places, but also enhance Hong
Kong’s competitiveness as a regional centre for international legal and dispute
resolution services, and bolster Hong Kong’s status as an international and national
centre for dispute resolution services, so as to help Hong Kong integrate more
effectively into the overall development of the country.
I so submit.

MR HOLDEN CHOW (in Cantonese): Deputy President, I rise to speak insupport of the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill (“the Bill”). We understand that the Bill actually originatedfrom the further Arrangement signed by the SAR Government with the Mainland.
As many colleagues have pointed out earlier, its original intention is to reduce theneed to institute litigation on the same matter simultaneously in both places,
thereby reducing such kind of time-consuming and cumbersome situation.
Regarding the Arrangement in question, as many colleagues have alsomentioned earlier, we believe that it is indeed an arrangement which can reduce thewaste of time as well as legal and litigation resources. Of course, I can recall and5294

LEGISLATIVE COUNCIL ― 26 October 2022

feel grateful for the Secretary for Justice’s attendance, no matter it were themeetings of the Bills Committee or other occasions, and for listening to the views
reflected by many friends from the small and medium enterprise (“SME”) sector.
The major views can be summarized as follows: When a judgment made in
the Mainland is to be enforced in Hong Kong, firstly, I believe the Secretary for
Justice has explained very clearly that there is also a mechanism for local courts toraise objections. The Bill has also put in place such a mechanism, and I find it
necessary to explain it clearly to the public.
Basically, we can also see that when a court raises an objection to
enforcement, there are several important principles for considering whether theenforcement should be refused. They include the circumstance that enforcementof the relevant Mainland Judgment will violate the principles of the Basic Law,under which enforcement will definitely be refused. If the judgment concerned iscontrary to our local public policies, its enforcement will also be refused.
Besides, if the respondent in the relevant judgment was not summoned, or was not
given a reasonable opportunity to make representations in the Mainland,
enforcement of the judgment will be refused as well.
I remember that these were the key points clearly explained by the Secretaryfor Justice during discussion with representatives of our sector or the SME sector
on some occasions. In addition, it is also necessary to continue with the approachof using “info-packs” as mentioned by Mr CHAN Yung just now to enhance
explanation to the general public or representatives of the SME sector.
As far as I can remember, when the Secretary for Justice mentioned thesepoints, he immediately eased some of the concerns of many representatives of the
SME sector who were present at the meetings. Perhaps they knew nothing about
these principles before and did not know that the Hong Kong courts would actuallyjudge whether the relevant judgment should be enforced in accordance with theseprinciples. Therefore, regarding these several points, I hope that the Secretary for
Justice will continue to adopt the approach of using “info-packs” to offer more
explanation to our friends in the SME sector after the Bill has come into effect.
Apart from that, we also hold the view that upon implementation of the Billin the future, that is, after the Arrangement has been implemented, if the Secretaryfor Justice has obtained some cases of successful enforcement of a judgment, orsome cases of refusal to enforce a judgment and the reasons for such refusal, andLEGISLATIVE COUNCIL ― 26 October 2022

5295

statistics have been compiled with more relevant data, he may release suchinformation to the Legislative Council or the public on a regular basis. This will
give us a rough idea of the problems to be encountered when we implement the
Arrangement and move forward. It can also facilitate the Secretary for Justice’s
communication with the Mainland should any problems arise, so as to continuously
improve the implementation of the Arrangement. I believe that by doing a goodjob in this aspect, the Bill will be beneficial to cross-border economic and tradecooperation as well as the handling of such situations.
Deputy President, I so submit.

DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
(No Member indicated a wish to speak)

DEPUTY PRESIDENT (in Cantonese): If not, I now call upon the Secretary for
Justice to reply. Then, the debate will come to a close.

SECRETARY FOR JUSTICE (in Cantonese): Deputy President, before all else,
I would like to express my sincere gratitude to Mr CHEUNG Kwok-kwan, former
Chairman of the Bills Committee on Mainland Judgments in Civil and Commercial
Matters (Reciprocal Enforcement) Bill (“the Bill”), Deputy Chairman Mr LAM
San-keung, other members and the Secretariat staff for their efforts so that the
scrutiny of the Bill can be completed smoothly. The Bills Committee has
conducted detailed deliberations and in-depth discussions on the provisions of theBill and has put forward many valuable suggestions. After careful consideration,
the Department of Justice (“DoJ”) has proposed six amendments, which I will givean introduction later.
Earlier on, Mr CHEUNG Kwok-kwan, Deputy Secretary for Justice, and I
had an exchange with members of the business sector in respect of the content of
the Bill, so as to understand their concerns and respond to some questions. I amvery thankful to the stakeholders, such as the legal and business sectors, for theirvaluable views and support on the Bill.

LEGISLATIVE COUNCIL ― 26 October 2022

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Objectives of the Bill
Article 95 of the Basic Law stipulates that “the Hong Kong Special
Administrative Region (“HKSAR”) may, through consultations and in accordancewith law, maintain juridical relations with the judicial organs of other parts of thecountry, and they may render assistance to each other”. It has laid down a solid
legal basis for the establishment of a mechanism for judicial assistance in civil andcommercial matters between Hong Kong and the Mainland.
In order to capitalize on the distinctive advantages of “one country, twosystems” of Hong Kong, DoJ has been actively promoting judicial assistance in
civil and commercial matters between HKSAR and the Mainland to facilitate more
efficient handling of civil and commercial disputes involving the two places.
Since returning to the Motherland, the SAR Government has signed a total of nine
instruments with the Mainland on mutual legal assistance in civil and commercial
matters.
With the increasingly close interaction and cooperation between HKSAR
and the Mainland in terms of trade and economic activities as well as social
interactions, there have all along been calls in the community to widen the scopeof the regime for reciprocal recognition and enforcement of judgments in civil andcommercial matters between the two places. The Arrangement on Reciprocal
Enforcement of Judgments in Civil and Commercial Matters (“REJ
Arrangement”)1 signed between the SAR Government and the Supreme People’s
Court (“SPC”) on 18 January 2019 is precisely a response to the demands of thecommunity in this respect.
The Bill seeks to implement the REJ Arrangement in Hong Kong, andprovides for two mechanisms to facilitate the parties concerned in seeking
recognition and enforcement of judgments in civil and commercial matters in the
Mainland:(1)

1Part 2 of the Bill provides a mechanism for the registration in Hong
Kong of Mainland Judgments in Civil or Commercial Matters; andArrangement on Reciprocal Recognition and Enforcement of Judgments in Civil andCommercial Matters by the Courts of the Mainland and of the Hong Kong Special
Administrative Region.

LEGISLATIVE COUNCIL ― 26 October 2022
(2)

5297

Part 3 of the Bill provides a mechanism for the application of certified
copies of and the issuance of certificates for Hong Kong Judgments in
Civil or Commercial Matters.

Benefits of implementing the REJ Arrangement
The Bill is introduced to provide a “broad coverage” for the mechanism forreciprocal recognition and enforcement of judgments in civil and commercial
matters between the two places. Alongside with the other arrangements on
mutual legal assistance which are already in operation (such as the Arrangement
on Reciprocal Recognition of Judgments in Matrimonial and Family Cases whichcame into effect in February this year), the parties concerned can apply in Hong
Kong or the Mainland for enforcement of various types of judgments in civil andcommercial matters made by the courts of the other side, thereby reducing the needfor re-litigation of the same dispute in the courts of both places.
Having regard to the actual needs and circumstances of the two places, andfully leveraging the distinctive advantages of “one country, two systems”, the scopeof application of the REJ Arrangement has even been extended to include
judgments given in respect of certain types of disputes over intellectual property
rights. This important breakthrough makes Hong Kong the first, and currently the
only jurisdiction to have an arrangement with the Mainland on reciprocal
recognition and enforcement of judgments with such a wide coverage. Apartfrom fully demonstrating our country’s unwavering support for Hong Kong, it isalso conducive to the development of Hong Kong into a regional intellectual
property trading centre under the 14th Five-Year Plan.
In addition, a more comprehensive mechanism for reciprocal recognition andenforcement of judgments would enhance certainty and predictability of thecross-boundary enforceability of judgments in civil and commercial matters
between the two places; reduce the risks, legal costs and time usually associatedwith the cross-boundary enforcement of such judgments. This is conducive topromoting the environment for cross-boundary trade and investment between thetwo places.
In his important speech delivered on 1 July this year, President XI put
forward the proposal that Hong Kong should “continue to create strong impetus for
growth”, “actively dovetail itself with the 14th Five-Year Plan and other national
strategies such as the ‘development of the Guangdong-Hong Kong-Macao Greater

LEGISLATIVE COUNCIL ― 26 October 2022

5298

Bay Area’ and high-quality ‘Belt and Road’ cooperation”. Implementing the REJ
Arrangement is precisely in line with HKSAR’s clear positioning as the centre forinternational legal and dispute resolution services in the Asia-Pacific region, as set
out in the 14th Five-Year Plan and the Outline Development Plan for the
Guangdong-Hong Kong-Macao Greater Bay Area. This will enable Hong Kong
to better integrate into the overall development of our country and contribute to theprosperity of our country.
Proposed amendments
I will move six amendments later at the Committee stage and briefly
introduce the content of the amendments. I am pleased to note that the Bills
Committee has expressed support for the Bill and has no objection to theseamendments which are mainly technical in nature.
The way forward
If the Bill is passed, the Chief Judge of the High Court will make a set of
Rules in respect of the relevant practice and procedure. DoJ will comment on thedraft Rules, which will finally be submitted to this Council for negative vetting.
As regards the Mainland, SPC will issue a judicial interpretation in respectof the implementation of the REJ Arrangement in the Mainland. Once the Rules
and judicial interpretation are available, DoJ and the Mainland will discuss andannounce the date for the simultaneous commencement of the REJ Arrangement inboth places. The REJ Arrangement will apply to judgments made on or after thecommencement date.
DoJ will continue to maintain close liaison with the stakeholders on theimplementation of the REJ Arrangement, and will continue to actively support
various activities organized for promoting the actual implementation of the newmechanism. We will also enhance professional exchanges in this aspect with aview to improving the implementation of the mechanism.
With these remarks, Deputy President, I implore Members to support theSecond Reading of the Bill and the amendments which I will move later.
Thank you, Deputy President.

LEGISLATIVE COUNCIL ― 26 October 2022

5299

DEPUTY PRESIDENT (in Cantonese): I now put the question to you and that is:
That the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill be read the second time. Will those in favour please raise theirhands?
(Members raised their hands)

DEPUTY PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)

DEPUTY PRESIDENT (in Cantonese): I think the question is agreed by amajority of the Members present.
I declare the motion passed.

CLERK (in Cantonese): Mainland Judgments in Civil and Commercial Matters(Reciprocal Enforcement) Bill.

Council became committee of the whole Council.

Consideration by Committee of the Whole Council
DEPUTY CHAIRMAN (in Cantonese): This Council now becomes committee ofthe whole Council to consider the Mainland Judgments in Civil and Commercial
Matters (Reciprocal Enforcement) Bill.
Members may refer to the Appendix to the Script for the debate and voting
arrangements for the Bill.

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LEGISLATIVE COUNCIL ― 26 October 2022

MAINLAND JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS(RECIPROCAL ENFORCEMENT) BILL
DEPUTY CHAIRMAN (in Cantonese): Members have been informed that thecommittee will conduct a joint debate on the clauses, Schedule and amendments.
I now propose the question to you and that is: That the following clauses and
Schedule stand part of the Bill.

CLERK (in Cantonese): Clauses 1 to 36, and the Schedule.

DEPUTY CHAIRMAN (in Cantonese): Secretary for Justice will move
amendments which seek to amend clauses 5, 20 and 21.
Members may refer to the Appendix to the Script for details of theamendments.
Members may now proceed to a joint debate on the clauses, Schedule andamendments.
I will first call upon the Secretary for Justice to speak, but he is not required
to move the amendments at this stage. Then I will call upon Members to speak.
Upon the conclusion of the joint debate, the committee will first vote on theclauses and Schedule with no amendment standing part of the Bill, and then voteon the amendments.
Secretary for Justice, please speak.

SECRETARY FOR JUSTICE (in Cantonese): Deputy Chairman, I will move six
amendments to the Mainland Judgments in Civil and Commercial Matters(Reciprocal Enforcement) Bill (“the Bill”) later. The content of the amendments
has been included in the document distributed to Members. As I have mentioned
earlier, the amendments are mainly technical in nature with the purposes of

LEGISLATIVE COUNCIL ― 26 October 2022

5301

enabling the general public to better understand the content of the Bill, as well as
reflecting the Bill’s policy intent more precisely. I will briefly introduce theamendments from two aspects as follows.
The amendments(I)

Scope of excluded judgment: Clauses 5(1)(e) and (2)The first group of amendments involves the scope of excluded judgment.
Clause 5 of the Bill has excluded judgments in corporate insolvency and debt
restructuring matters. This is because insolvency and debt restructuring matters
are already covered by the Record of Meeting of the Supreme People’s Court and
the Government of the Hong Kong Special Administrative Region on Mutual
Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings between
the Courts of the Mainland and of the Hong Kong Special Administrative Region(“Record of Meeting”) signed by the SAR Government and the Supreme People’s
Court on 14 May 2021, which took effect on the same day. We consider that byfollowing the wording adopted in the Record of Meeting as appropriate,
clause 5(1)(e) can more clearly reflect the matters to be excluded.
For this reason, we propose to add to clause 5(1)(e) a reference to “specified
corporate process” to replace the phrase “the insolvency of an entity other than anatural person”, and to set out the definition of “specified corporate process” inclause 5(2).
In relation to a Mainland Judgment, “specified corporate process” means areorganization, compromise or bankruptcy liquidation mentioned in Article 7 of
the Enterprise Bankruptcy Law of the People’s Republic of China. In relation toa Hong Kong Judgment, “specified corporate process” means the winding up of anentity other than a natural person; or an arrangement or a compromise sanctionedby the Court of First Instance of Hong Kong under the Companies Ordinance(Cap. 622 of the Laws of Hong Kong).
Another amendment involves a judgment given in “specified election
proceedings” under excluded judgment. In order to reflect the latest amendments
to the relevant Mainland laws, we propose to update the reference to an Article
number of the Civil Procedure Law of the People’s Republic of China inclause 5(2).

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LEGISLATIVE COUNCIL ― 26 October 2022

(II)

Time limit for making an application for setting aside registration:
Clauses 20 and 21

The second group of amendments relates to the time limit for making anapplication for setting aside registration. After careful consideration of the viewsof the Bills Committee and other stakeholders, we propose to switch the order ofthe original clause 21(1) and clause 21(2), and to make other further contextual
amendments as required. These amendments seek to clearly express our policy
intent to the effect that unless otherwise ordered by the Court, the default time limit
for making an application for setting aside registration will be 14 days.
We propose to make corresponding textual amendments to clause 20, which
are consequential to the amendments to clause 21.
Conclusion
The Bills Committee raised no objection to the aforesaid amendments. I
implore Members to support the amendments.
Thank you, Deputy Chairman.

DEPUTY CHAIRMAN (in Cantonese): Does any Member wish to speak?
(No Member indicated a wish to speak)

DEPUTY CHAIRMAN (in Cantonese): If not, we now first vote on the clauses
and Schedule with no amendment standing part of the Bill.

DEPUTY CHAIRMAN (in Cantonese): I now put the question to you and that is:
That the clauses and Schedule with no amendment as set out in the Appendix to the
Script stand part of the Bill. Will those in favour please raise their hands?
(Members raised their hands)

LEGISLATIVE COUNCIL ― 26 October 2022

5303

DEPUTY CHAIRMAN (in Cantonese): Those against please raise their hands.
(No hands raised)

DEPUTY CHAIRMAN (in Cantonese): I think the question is agreed by amajority of the Members present.
I declare the motion passed.

DEPUTY CHAIRMAN (in Cantonese): We now vote on the amendments.
Secretary for Justice, you may move your amendments.

SECRETARY FOR JUSTICE (in Cantonese): Deputy Chairman, I move theamendments as set out in the Appendix to the Script.
Proposed amendments
Clause 5 (See Appendix 2)Clause 20 (See Appendix 2)Clause 21 (See Appendix 2)

DEPUTY CHAIRMAN (in Cantonese): I now propose the question to you andthat is: That the amendments moved by the Secretary for Justice be passed.

DEPUTY CHAIRMAN (in Cantonese): I now put the question to you as stated.
Will those in favour please raise their hands?
(Members raised their hands)

LEGISLATIVE COUNCIL ― 26 October 2022

5304

DEPUTY CHAIRMAN (in Cantonese): Those against please raise their hands.
(No hands raised)

DEPUTY CHAIRMAN (in Cantonese): I think the question is agreed by amajority of the Members present.
I declare the amendments passed.

CLERK (in Cantonese): Clauses 5, 20 and 21 as amended.

DEPUTY CHAIRMAN (in Cantonese): I now put the question to you and that is:
That the clauses as amended just read out by the Clerk stand part of the Bill. Will
those in favour please raise their hands?
(Members raised their hands)

DEPUTY CHAIRMAN (in Cantonese): Those against please raise their hands.
(No hands raised)

DEPUTY CHAIRMAN (in Cantonese): I think the question is agreed by amajority of the Members present.
I declare the motion passed.

DEPUTY PRESIDENT (in Cantonese): All the proceedings on the Mainland
Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill havebeen concluded in committee of the whole Council. Council now resumes.

Council then resumed.

LEGISLATIVE COUNCIL ― 26 October 2022

5305

SECRETARY FOR JUSTICE (in Cantonese): Deputy President, I now report to
the Council: That theMainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement)Bill
has been passed by committee of the whole Council with amendments. I movethe motion that “This Council adopts the report”.

DEPUTY PRESIDENT (in Cantonese): I now propose the question to you andthat is: That the motion moved by the Secretary for Justice be passed.
In accordance with the Rules of Procedure, this motion shall be voted on
without amendment or debate.

DEPUTY PRESIDENT (in Cantonese): I now put the question to you as stated.
Will those in favour please raise their hands?
(Members raised their hands)

DEPUTY PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)

DEPUTY PRESIDENT (in Cantonese): I think the question is agreed by amajority of the Members present.
I declare the motion passed.

Third Reading of Government Bill
DEPUTY PRESIDENT (in Cantonese): Government Bill: Third Reading.

LEGISLATIVE COUNCIL ― 26 October 2022

5306

MAINLAND JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS(RECIPROCAL ENFORCEMENT) BILL
SECRETARY FOR JUSTICE (in Cantonese): Deputy President, I move that theMainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement)Billbe read the third time and do pass.

DEPUTY PRESIDENT (in Cantonese): I now propose the question to you andthat is: That the Mainland Judgments in Civil and Commercial Matters (Reciprocal
Enforcement) Bill be read the third time and do pass.
Does any Member wish to speak?
(No Member indicated a wish to speak)

DEPUTY PRESIDENT (in Cantonese): I now put the question to you as stated.
Will those in favour please raise their hands?
(Members raised their hands)

DEPUTY PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)

DEPUTY PRESIDENT (in Cantonese): I think the question is agreed by amajority of the Members present.
I declare the motion passed.

CLERK (in Cantonese): Mainland Judgments in Civil and Commercial Matters(Reciprocal Enforcement) Bill.

LEGISLATIVE COUNCIL ― 26 October 2022

5307

GOVERNMENT MOTIONSDEPUTY PRESIDENT (in Cantonese): Government motions.
Proposed resolution under the Money Lenders Ordinance (“MLO”).
Members who wish to speak please press the “Request to speak” button.
I now call upon the Secretary for Financial Services and the Treasury to
speak and move the motion.

PROPOSED RESOLUTION
ORDINANCE

UNDER

THE

MONEY

LENDERSSECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Deputy President, I move that the resolution, as printed on the Agenda,
be passed, with a view to reducing the statutory interest rate cap for lending.
Sections 24 and 25 of the existing Money Lenders Ordinance (“theOrdinance”) stipulate that the interest rate cap on a loan shall be 60% per annum;
and that the interest rate of a loan exceeding 48% per annum shall render the loan,
prima facie, to be presumed to be extortionate and may trigger reopening of thetransaction by the court having regard to the relevant circumstances.
The interest rate cap and extortionate rate were set in 1980 with a view toaffording greater protection to borrowers, and have remained unchanged sincethen, during which both the interest rate environment and money lending sector in
Hong Kong have changed significantly.
Statistics collected from licensed money lenders (“LMLs”) by theCompanies Registry (“CR”) on unsecured personal loans also showed that
low-income borrowers often have to pay higher interest rate and face greater riskof default. In recent years, there have been concerns in the community about theexcessive interest rates charged by money lenders, which would cause harm toborrowers, particularly those with lower income, and lead to other social problems.

5308

LEGISLATIVE COUNCIL ― 26 October 2022

In this connection, we have conducted a review of the loan interest rate cap
and the extortionate rate stipulated in the Ordinance. Taking into account factors
such as the recommendations of the Consumer Council, the effective interest rates
currently adopted by the local money lending sector and the loan interest rate capof overseas regions, we propose reducing the interest rate cap per annum from 60%
to 48%.
Meanwhile, considering the average income of borrowers currently paying
loan interest rates higher than 36% per annum is relatively low and their default
rate is high, reflecting the heavy burden the loan interest rate of over 36% perannum has placed on borrowers with lower income, we would also propose
reducing the threshold of the extortionate rate per annum from 48% to 36%.
We have written to all LMLs, the Hong Kong Association of Banks and the
DTC Association, informing them of the above amendment proposal. We havealso consulted the Legislative Council Panel on Financial Affairs and obtained
members’ support. The scrutiny of the resolution has also been completed by the
Subcommittee on Two Pieces of Subsidiary Legislation Relating to Statutory
Interest Rate Limits under the Money Lenders Ordinance (“the Subcommittee”)
established by the Legislative Council House Committee. The Subcommittee
supported the Government for moving the motion to seek the Legislative Council’s
passage of the resolution. I would like to take this opportunity to thank
Ms Elizabeth QUAT, Chairman of the Subcommittee, and other members for theirvaluable opinions and support of the amendment proposal.
We have duly considered views of the Legislative Council and all
stakeholders in finalizing the amendment proposal and implementation
arrangement for the loan interest rate cap and threshold of the extortionate rate. If
passed, the new loan interest rate cap and threshold of the extortionate rate will takeeffect from 30 December this year, allowing the trade sufficient time forpreparation. Furthermore, we will remind the public of the lowered interest rate
cap through Announcements in the Public Interest on TV and radio stations,advertisements on public transportation, pamphlets, social media, etc. CR will
also provide an interest rate calculator on its website to facilitate calculation of loaninterest rates by the general public.
In the future, we will continue to review and enhance the regulatory
measures for money lenders, so as to promote more responsible lending by money
lenders and better protect public interest.

LEGISLATIVE COUNCIL ― 26 October 2022

5309

We are closely monitoring the effectiveness of the licensing conditions
newly introduced in March last year, that is, stricter requirements for money
lenders’ advertisements and use of referees’ information, and requiring them toassess borrowers’ repayment ability before approving unsecured personal loans.
We are also working with the Hong Kong Monetary Authority (“HKMA”) and CR
to actively encourage money lenders to join the platform with several consumer
credit reference agencies (“CRAs”) being introduced by HKMA, and encourage
LMLs to share their credit data under the newly established multiple CRAs modelwith a view to forming a more complete set of credit data shared under the modeland enabling different financial institutions to make more prudent and precise
lending decisions. As of end September this year, 10 LMLs have joined the newplatform, and the number is expected to rise continuously.
The Financial Services and the Treasury Bureau will continue to work withother relevant institutions to publicize the message of prudent borrowing,
especially to enhance public education to groups vulnerable to excessive
borrowing, such as young people and foreign domestic helpers (“FDHs”) who are
the concern of many Members.
I sincerely hope that Members will support the resolution.
Deputy President.

Thank you,

The motion moved by the Secretary for Financial Services and the Treasury is in
Appendix 3.

DEPUTY PRESIDENT (in Cantonese): I now propose the question to you andthat is: That the motion moved by the Secretary for Financial Services and theTreasury be passed.
Ms Elizabeth QUAT, please speak.

MS ELIZABETH QUAT (in Cantonese): Deputy President, in my capacity as the
Chairman of the Subcommittee tasked to scrutinize the proposed resolution under
sections 24 and 25 of the Money Lenders Ordinance (“the Ordinance”), I report tothis Council on the highlights of the work of the Subcommittee.

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LEGISLATIVE COUNCIL ― 26 October 2022

The proposed resolution seeks to reduce the loan interest rate cap from 60%
per annum to 48% per annum, and the extortionate rate from 48% per annum to
36% per annum. The Subcommittee held a meeting with the Administration andinvited written views from the public. In the course of deliberations, theSubcommittee has examined the Administration’s rationale for stipulating the loaninterest rate cap and extortionate rate at the proposed levels, and made suggestions
on strengthening the regulation of licensed money lenders (“LMLs”). The
Subcommittee has also discussed how to better protect borrowers more prone tofalling victim to fraud.
Members opined that the Administration should impose stricter regulations
on LMLs, particularly to align the regulatory requirements governing banks andLMLs on the sharing of borrower information to increase the transparency ofborrowers’ credit standing. Some Members also raised the problems that FDHs
can borrow money from multiple money lenders at the same time, and that students
can take out loans online with ease. They also doubted the effectiveness of the
improved licensing conditions on promoting money lenders’ prudent lending toborrowers with limited repayment ability. The Administration stated that it willcontinue to monitor the implementation of the Ordinance and the latest
developments of the money lending business, and will review timely as to whether
any additional measures are necessary.
Members also urged the Administration to make borrowers more prone tofalling victim to fraud, such as FDHs, students, elders and housewives, more awareof the lowered statutory interest rates through public education and enhance
enforcement actions against deceptive practices of LMLs before thecommencement of the two new statutory interest rates. The Administration
advised that it would continuously conduct various public education and publicity
events to remind the public of the lowered interest rate cap and the importance ofmaking prudent borrowing decisions.
The Subcommittee supports the proposed resolution and will not propose
any amendment. Deputy President, I so report.
Deputy President, the following are my views. Deputy President, we often
see many money lender advertisements on TV and online these days. Over the
past decade, there has been an increase of over 1 600 LMLs, which are seen
everywhere. What comes with it are the many requests for assistance andcomplaints that I received. Many parents have reflected to me that they often see

LEGISLATIVE COUNCIL ― 26 October 2022

5311

on TV or online such advertisements that encourage overconsumption, some ofwhich are even misleading, giving people a misperception as if borrowing money
is easy, and interest rate is so low that the loans need not to be repaid. Many
parents and even young people have also turned to me for help. Although thoseyoung people have not yet graduated and do not have any financial ability, they
owed finance companies loads of debts, which have to be repaid by their families.
According to these victims, they were unaware of the actual payable interest rate
ranging from over 40% to 60% per annum when borrowing the money. Why canthese borrowers who are not required to pass the means test or provide loan records
can borrow money as long as they have identity cards?
We the Democratic Alliance for the Betterment and Progress of Hong Kong
conducted a relevant public opinion survey in 2018. At that time, 60% of themembers of the public considered an interest rate of 60% per annum too high.
Today, we surely are glad to see the Government make amendments. However,back then, over 70% of the respondents considered that the Government should
impose more regulation, so that people could not borrow freely, and over 70% of
the members of the public believed the advertisements should further caution
people to think twice before borrowing. Therefore, I suggest the Government
establish a new and dedicated regulatory agency to strengthen monitoring andoversight of the industry. The Government definitely should retain properborrowing channels, but it also needs to protect the rights and interests ofconsumers and promote a responsible lending culture in Hong Kong.
Deputy President, I support this motion. I so submit.

MS CARMEN KAN (in Cantonese): Deputy President, I first declare that I am theGeneral Counsel of Bank of China (Hong Kong), which is engaged in loanbusiness. I speak in support of the passage of the resolution.
Deputy President, as a member of the Subcommittee, I have observed that
Members generally support the lowering of the interest rate cap and are moreconcerned about the regulation of money lending behaviours. When asked about
the overall plan to strengthen the regulation of licensed money lenders (“LMLs”),
the authorities have pointed out that even though banks and LMLs are both engaged
in lending activities, banks use depositors’ money for lending, so every loan should
be strictly regulated by the Hong Kong Monetary Authority (“HKMA”); whereas
LMLs use their own money for lending with no direct impact on depositors, and5312

LEGISLATIVE COUNCIL ― 26 October 2022

are basically regulated by CR and the Police. I think inconsistent regulatory
requirements should not be accepted just because the sources of funds for lending
are different, as risks under the two different regulatory regimes can be transmitted,
especially during economic downturn.
At present, money lenders do not necessarily check borrowers’ credit
reference database records before lending, nor do they need to report borrowers’
default status to credit reference agencies (“CRAs”). Currently, HKMA isintroducing more than one CRA to alleviate the risk arising from a single agency.
However, even with new CRAs introduced, the legislation still has not made it
mandatory for money lenders to submit borrowers’ credit data. In other words,
information of a particular borrower in the credit reference databases is incomplete,
which is not conducive to preventing the risk of the money lending industry fromspreading to the banking system.
Looking at other international financial centres, Singapore, for instance, has
specific laws to regulate CRAs. Convergence or uniformity of regulation caneffectively prevent the transfer of credit risk between the two different regulatory
regimes. At the Subcommittee meeting, I thus suggested the authorities continue
to review and optimize the regulatory measures for money lenders.
Deputy President, I would like to thank the Administration for its positive
response. The Financial Services and the Treasury Bureau has also advised that
it is working with HKMA and the Companies Registry to actively promote thesharing of credit data by LMLs under the credit reference database, so that the
database can be more comprehensive.
I hope the authorities can conform to the implementation timetable of the
newly established multiple CRAs model, fully adopt the views and suggestions of
the Legislative Council, relevant trade associations, CRAs and other stakeholders
during the process, and design an effective mechanism, so as to form a more
complete set of credit data shared under the model without unreasonably raising
the operating costs of LMLs.
On the other hand, the platform-based electronic consumption model of“Buy Now Pay Later” (“BNPL”) has become popular in recent years. While theamount of money involves in such transactions is generally small, it can accumulate
to a hefty sum if this consumption model gains popularity. According to an article
published by HKMA in September, BNPL products are in essence personal loans.

LEGISLATIVE COUNCIL ― 26 October 2022

5313

It requires banks to take measures to protect BNPL consumers. On this issue, I
have pointed out in a supplementary question that banks are subject to theregulation of HKMA and have all along been abiding by the rules, so they are nota risk factor. Consumption platforms adopting BNPL model involve lending
activities, but the regulatory mechanism is unclear, say, whether these online
platforms are clearly defined as money lenders and need registration; and whether
these companies are required to register in Hong Kong and pay tax. A recent
survey conducted by the Consumer Council has revealed the problem.
Deputy President, while we support financial innovation and diversified
consumption modes, it is also necessary to regularize practices in the consumer
credit market. As I mentioned just now, banks, money lenders and BNPL
platforms are all engaged in unsecured loan business, yet their regulatory
requirements are inconsistent. From the perspective of preventing financial risks
and protecting the public, I suggest the Government conduct a study as soon as
possible, which should not only encourage innovation, but also propose anappropriate regulatory model to treat all market players engaging in similarbusinesses equally, and strike a healthy balance between supervision anddevelopment.
Deputy President, I so submit.

DR KENNEDY WONG (in Cantonese): Deputy President, while the Democratic
Alliance for the Betterment and Progress of Hong Kong in principle supports thegeneral direction of the relevant amendment, which is to lower the annual interest
rate cap under the Money Lenders Ordinance (“the Ordinance”), we are also
concerned about the loan interest rate cap still being as high as 48% per annum.
In Hong Kong society, what kind of business can afford such a high interest rate ?
The main lending targets of these money lenders are students and groups with noincome or weak economic foundation.
The Secretary has just explained that the new interest rate limits are basedon factors such as the recommendations made by the Consumer Council, andinformation from the Companies Registry. However, I would like to point out
that the interest rate cap in Hong Kong is still far higher than that in neighbouring
jurisdictions, especially the Mainland.

5314

LEGISLATIVE COUNCIL ― 26 October 2022

The Provisions of the Supreme People’s Court on Several Issues concerning
the Application of Law in the Trial of Private Lending Cases promulgated by theSupreme People’s Court of the Mainland on 20 August 2020 provides that theinterest rate cap of private lending under judicial protection should be four times
the loan prime rate (“LPR”)―the prime rate for one-year loan published monthly
by the People’s Bank of China. Taking the interest rate published on August 2020as the calculation base, the LPR of one-year loan was 3.85%. Based on four times
the LPR, the interest rate cap of private lending under judicial protection was 15.4%
per annum, significantly lower than the reduction levels currently proposed by the
SAR Government, that is, 48% per annum. Although the Mainland’s economic
system and social environment are different from those of Hong Kong, the SAR
Government should make reference to the practices of the Mainland as appropriate
since it upholds the same “people-oriented” governance philosophy as the
Mainland.
As for student loans, according to the information provided by theauthorities, the total amount of loans taken out by students from last year to the endof July this year is not too large, amounting to some HK$120 million but with morethan 11 000 cases, which can be said to involve a lot of people. Therefore, besides
the need to launch educational and promotional campaigns for students, I thinkreference may also be made to the measures in the Mainland by prohibiting lendingon campus, and put in place more stringent regulation in Hong Kong to better
protect student borrowers.
Moreover, as stated in the relevant paper, the two interest rate limits under
the Ordinance relating to the statutory interest rate cap have remained unchanged
for over 40 years. This is clearly lagging behind the times when the global
financial and lending markets are constantly changing nowadays,. Therefore, Iurge the authorities to regularly review the relevant legislation in future in order toregulate the lending market more effectively.
Deputy President, I so submit and support the proposed resolution.

DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
(No Member indicated a wish to speak)LEGISLATIVE COUNCIL ― 26 October 2022

5315

DEPUTY PRESIDENT (in Cantonese): If not, I now call upon the Secretary for
Financial Services and the Treasury to reply. Then, the debate will come to aclose.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): Deputy President, I am very grateful for the opinions of Ms Elizabeth
QUAT, Ms Carmen KAN and Dr Kennedy WONG who have spoken just now …

DEPUTY PRESIDENT (in Cantonese): Secretary, please put on a microphone.

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (inCantonese): … and their support for this resolution.
Our proposal to reduce the statutory loan interest rate cap mainly seeks to
respond to the community’s concerns by timely reviewing and adjusting the levelsof the interest rates charged by money lenders. We hope that through thislegislative amendment exercise, the burden and default risk of borrowers paying
excessively high interest rates will be reduced, thereby mitigating the social
problems that excessive borrowing may cause.
In determining the interest rate cap and the extent to which the threshold of
the extortionate rate is lowered, as Dr Kennedy WONG just pointed out, we haveconsidered the recommendations of the Consumer Council, the effective interest
rates currently adopted by the local money lending sector and the loan interest rate
cap of overseas regions, and factors such as the burden of the loan interest rate on
borrowers with lower incomes. We have listened to the views of the industry,members of the Legislative Council Panel on Financial Affairs and the
Subcommittee established by the Legislative Council House Committee.
Other than lowering the statutory interest rate cap on loans, we will review
and enhance the regulatory measures on money lenders continuously to promote
more responsible loan approval and better protect public interest. Among which,
we notice in particular the licensing conditions on money lenders which requirethem to assess borrowers’ repayment ability before approving unsecured personalloans. We will collect relevant information regularly to review the effectivenessof the measures. This is the issue Ms Carmen KAN has just mentioned and ismore concerned about.

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LEGISLATIVE COUNCIL ― 26 October 2022

On the one hand, the Hong Kong Monetary Authority (“HKMA”) is
introducing a platform with multiple credit reference agencies (“CRAs”) for the
sharing and use of consumer credit data. We are working with the Companies
Registry (“CR”) and HKMA to encourage licensed money lenders (“LMLs”) to
share their credit data with the credit reference database, so that the data can be
more comprehensive when the database is launched.
On the other hand, several Members are more concerned about publicity
work. We will help the public better understand and guard against money lending
malpractices, as well as recognize the importance of prudent borrowing throughchannels such as public transportation as well as social and online media. We
have also stepped up our efforts to publicize the message of prudent borrowing
particularly to groups such as young people and foreign domestic helpers (“FDHs”)
who are vulnerable to excessive borrowing.
Apart from disseminating
information through non-governmental organizations, the Labour Department, as
well as the consulates of the places where FDHs mostly come from, I also speciallywrote to a number of consulates to brief them on the details of the amendment,
hoping to help young people and FDHs develop healthier financial management
habits.
Just now, Ms Carmen KAN has specifically mentioned “Buy Now Pay
Later” (“BNPL”). In fact, CR has already written to major non-bank BNPL
platforms, reminding them to stay alert to the provisions of the Money Lenders
Ordinance (“MLO”) and review whether their business involves money lending, as
well as apply for money lender licenses as required. Some platforms haveobtained money lender licenses or expressed to CR their intention to do so.
Looking ahead, we will continue to review and enhance the regulatory
measures on money lenders. I would also like to ask Members again to pass theresolution as early as possible to provide better protection for borrowers withheavier burdens.

(THE PRESIDENT resumed the Chair)

President, I so submit. Thank you all.

LEGISLATIVE COUNCIL ― 26 October 2022

5317

PRESIDENT (in Cantonese): I now put the question to you and that is: That the
motion moved by the Secretary for Financial Services and the Treasury be passed.
Will those in favour please raise their hands?
(Members raised their hands)

PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)

PRESIDENT (in Cantonese): I think the question is agreed by a majority of theMembers present.
I declare the motion passed.

PRESIDENT (in Cantonese): Proposed resolutions moved under the Security andGuarding Services Ordinance.
Members who wish to speak please press the “Request to speak” button.
I now call upon the Secretary for Security to speak and move the motion.

PROPOSED RESOLUTION UNDER THE SECURITY AND GUARDINGSERVICES ORDINANCESECRETARY FOR SECURITY (in Cantonese): President, I move that theresolution as printed on the Agenda to revise the criteria for issuing a Security
Personnel Permit (“SPP”) be passed, so as to raise the upper age limit for Category
C SPP holders from the current level of 55 to 60.
Section 6(1)(b)(i) of the Security and Guarding Services Ordinance (“theOrdinance”) stipulates that the Security and Guarding Services Industry Authority(“the Authority”) may specify, by notice in the Gazette, the criteria that must be
satisfied by a person before the Commissioner of Police may issue a permit to him.

5318

LEGISLATIVE COUNCIL ― 26 October 2022

Furthermore, pursuant to section 6(3) of the Ordinance, the notice shall not be
published in the Gazette unless and until it has been laid before and approved by
the Legislative Council.
Security personnel for specific categories of security work has a statutory
age limit. The aim is to ensure that security personnel possess the required levelof physical ability and alertness to perform the duties of specific categories of
security work. Among these categories, Category C security work requires the
carrying of arms and ammunition, and the upper age limit concerned has been set
at 55 years old since 1995.
Hong Kong has, since then, undergone major demographic changes with life
expectancy increased and general health condition in society substantially
improved. In view of this, the Government has raised the retirement age of thedisciplined services grades to 60 to better respond to the demographic challengearising from an ageing population and a shrinking workforce. The guarding work
performed by Category C security personnel requires the carrying of arms andammunition, which is, by its nature, complementary to the work of the disciplined
services officers. Therefore, upon consideration of the operational and regulatory
requirements of the industry, the Authority has proposed raising the upper age limit
for Category C SPP holders from 55 to 60 with a view to retaining workforce andeasing manpower shortage in the industry.
Under the chairmanship of Mr KWOK Wai-keung, the relevant
Subcommittee of the Legislative Council held a meeting on 17 May to scrutinize
the proposed resolution in detail. At the meeting, the Subcommittee also held
in-depth discussions and exchanged views with the Administration on related
issues, including the physical fitness requirements of Category C security personnel
and firearm training provided for them, application criteria and implementation of
the SPP regime, as well as future development and manpower need of the security
services industry. The Security Bureau has also provided further information to
the Subcommittee for reference after the meeting.
I am grateful to the Subcommittee for its invaluable views and support forthe passage of the resolution proposed by the Government. I would like toreiterate that a stringent arms licensing mechanism is being implemented by the
Police to ensure that only fit and proper persons are issued with a licence for
performing Category C guarding work requiring the carrying of arms andammunition. Moreover, Category C security personnel are required to pass an

LEGISLATIVE COUNCIL ― 26 October 2022

5319

arms handling test every year for annual renewals of licences. This stringent
requirement is effective in ensuring that all Category C security personnel
consistently maintain the necessary physical fitness and technical abilities requiredfor performing the relevant duties.
Regarding the other issues raised by the Subcommittee, the Authority will
always keep in view the latest development in society and the industry, as well as
carefully consider the views of various stakeholders to ensure that the licensing
criteria are reviewed in a timely manner to meet regulatory needs and the overall
interests of the community.
President, the proposed revision to the upper age limit for Category C SPP
holders moves with the times and actively responds to the needs of social
development. It has received unanimous support from the security services
industry and relevant stakeholders, and is conducive to maintaining the service
quality of the security services industry.
After careful deliberation, theSubcommittee raised no objection to the proposed resolution. I invite Members
to approve the proposed resolution in order that the Authority may implement therevised criteria by notice in the Gazette as soon as possible.
Thank you, President.
The motion moved by the Secretary for Security is set out in Appendix 4.

PRESIDENT (in Cantonese): I now propose the question to you and that is: Thatthe motion moved by the Secretary for Security be passed.
Mr KWOK Wai-keung, please speak.

MR KWOK WAI-KEUNG (in Cantonese): Thank you, President. In my
capacity as Chairman of the Subcommittee on Proposed Resolution under
section 6(1)(b)(i) of the Security and Guarding Services Ordinance (Cap. 460)(“the Subcommittee”), I now report on the major deliberations of the
Subcommittee.
The Security and Guarding Services Ordinance (“the Ordinance”) stipulates
that a person who provides security services for reward in Hong Kong must hold a

5320

LEGISLATIVE COUNCIL ― 26 October 2022

Security Personnel Permit (“SPP”) issued by the Commissioner of Police.
Moreover, the person concerned must satisfy the specified criteria before he can beissued with an SPP. At present, there are four categories of SPP, namely A, B, C
and D, for performing different types of security work. The proposed resolution
under section 6(1)(b)(i) of the Ordinance seeks to raise the upper age limit for
Category C SPP holders from the current level of 55 to 60.
The Subcommittee has held one meeting with the Administration to discuss
the proposed resolution. Members in general had no objection to the proposal ofrelaxing the upper age limit for Category C SPP holders. As Category C SPP
holders are required to carry arms and ammunition to perform their security work,some members expressed concern about the physical fitness of and firearm training
for Category C SPP holders, arrangements for handling new and renewal
applications, as well as manpower need and future development of the security
services industry.
Members called on the Administration to impose a requirement for theprovision of a medical certificate issued by a registered medical practitioner by
Category C SPP applicants to ensure that they are physically fit to perform therelevant duties. They also suggested that the Administration should adopt a more
flexible approach when handling applications for Category C SPP, so as torationalize the approval process. Some members also suggested that a curricular
framework on firearm training be drawn up for reference by security companies
and trainers.
Neither the Subcommittee nor the Administration will propose amendment
to the proposed resolution. Details of the Subcommittee’s deliberations are set
out in its written report.
President, I will now speak on my personal views.
At present, there is no statutory retirement age in Hong Kong. However,with the territory having the highest life expectancy in the world at 83 years formen and 88 years for women, it is becoming more and more difficult to plan for
the increasingly long old age. Coupled with the high cost of living in Hong Kong,
many wage earners hope to stay employed for as long as possible, until they can nolonger work. Enjoying their later years worry-free may only be an impossible
dream for most wage earners.

LEGISLATIVE COUNCIL ― 26 October 2022

5321

With the proposed resolution, the upper age limit of Category C security
personnel who are required to carry arms and ammunition for guarding duties will
be raised from 55 to 60, making it on a par with the extended retirement age of
disciplined grades officers in the Government. The proposal is hence worthy of
support, not only because it helps to release more workforce, but also because it
can retain experienced security personnel to ease manpower shortage in theindustry.
Looking back over the past 10 years, there was only one incident of firearmdischarge by security personnel. The incident, which happened in 2012, involved
one shot accidentally discharged by a security personnel when he was unloading
his firearm in the security company. While the security work concerned is by andlarge safe, a stringent licensing regime has all along been maintained. In 2021, of
the 1 165 applications received for a Licence for Possession, only about half of theapplicants (638) passed the required tests.
When issuing a Licence for Possession, the Police will determine whether
an applicant is suitable for holding an arms licence and consider, among others, theapplicant’s criminal record and medical history. According to the information
provided by the Government to the Subcommittee, there are currently 663 Category
C SPP holders working in the security services industry, and of them, 51 are aged
51 or above, reflecting the relatively stable age profile of the industry. However,there is another point worth noting from the relevant information, i.e. the turnoverrate for armed escort guards is about 15%-20%, while that of armed security guards
working at static posts is below 10%. Both figures are higher than the benchmark
turnover rate of about 5% on average in the labour market, suggesting that theindustry is fighting a hard battle for manpower. I hope that the Government willclosely monitor the changing manpower situation and encourage the industry totake early actions to improve the remuneration package and progression ladder of
security personnel, so that the industry as a whole can attract more new entrants.
Thank you, President.

MR LAM CHUN-SING (in Cantonese): Thank you, President. Let me firstdeclare that the Federation of Hong Kong and Kowloon Labour Unions, with which
I am affiliated, is a provider of training courses for security personnel.
The Government has proposed to revise the criteria for issuing Security
Personnel Permits (“SPP”) by raising the upper age limit for Category C SPP
holders from the current level of 55 to 60. I welcome this proposal as it is already5322

LEGISLATIVE COUNCIL ― 26 October 2022

an inevitable trend for senior persons to take up employment or to extend theretirement age. Since 1 June 2015, the retirement age of new recruits to thecivilian grades of the Civil Service has been raised to 65 and that for disciplined
services grades to 60.
In other words, the revised upper age limit forarms-carrying security personnel is on a par with that for the disciplined services
grades. The proposal not only provides flexibility for fit and motivated in-service
security personnel to choose to continue working in their well-established jobs, butalso reduces the impact of an ageing population on the security services industry.
With the new measure, the industry can retain experienced personnel to provide
services and help groom new entrants.
As Category C security personnel are required to carry arms and ammunition
when performing their duties, there is a certain degree of risks. As pointed out in
the Subcommittee’s report, some members have expressed concern about thephysical fitness of Category C SPP holders, in particular those over 55 years of age,taking into consideration that the carrying of arms and ammunition by the security
personnel concerned may pose a danger to public safety.
In October 2017, the Labour Department (“LD”) commissioned the
Occupational Safety and Health Council (“OSHC”) to undertake a study focusing
on notified workplace deaths not arising from work-related accidents and caused
by cardiovascular and cerebrovascular diseases (“CCVDs”). LD referred a totalof 200 workplace CCVD death cases to OSHC for the study. Of those cases, morethan half (56%) were between the age of 50 and 64, including 37 security guards.
In recent years, incidents involving sudden deaths of older security guards at work
happened from time to time, although they were mainly performing Categories A
and B security work, and no arms-carrying personnel was ever involved. But withthe relaxed upper age limit for Category C security personnel, the risks concerned
will also increase. According to a study report published by the World HealthOrganization last year, people working 55 or more hours per week have a higher
risk of dying from stroke and heart disease. As such, we hope that theGovernment can formulate and publicize guidelines on the working hours of therelevant industry, so as to step up awareness on the need to avoid overworking.
We also hope that the authorities will strengthen occupational safety support andtraining for Category C security personnel, including the provision of proper
medical checks and regular training on the use of firearm.
President, with these remarks, I support the proposed resolution.

LEGISLATIVE COUNCIL ― 26 October 2022

5323

MR EDMUND WONG (in Cantonese): President, the proposed resolution movedby the Security Bureau mainly seeks to relax the upper age limit for Category C
Security Personnel Permit (“SPP”) holders, i.e. security personnel whose duties
involve the carrying of arms, from the current level of 55 to 60. The proposed
resolution has my support as well as the support of the Democratic Alliance for the
Betterment and Progress of Hong Kong, with which I am affiliated.
With increased life expectancy in Hong Kong, as well as continued
improvement in living and health conditions, the statutory retirement age of many
professions has been postponed, so much so that it has already become an inevitable
trend. Given that Category C security personnel are required to carry firearmwhilst on duty, and hold an arms licence issued by the Commissioner of Police, thephysical fitness requirements for these security personnel have all along been
similar to those applicable to ordinary police officers. Hence, the upper age limitof Category C security personnel is basically pegged to the statutory retirement ageof ordinary police officers.
Nonetheless, the statutory retirement age of disciplined grades staff,
including police officers, has already been extended from 55 to 60. If the upper
age limit of Category C security personnel is maintained at 55, which has been set
since 1995, it will undoubtedly be a departure from the principle of pegging theupper age limit of Category C security personnel to the statutory retirement age ofpolice officers. Moreover, relaxing the upper age limit for Category C SPP
holders will help the security services industry retain experienced Category C
security personnel, thereby alleviating the manpower shortage in the industry.
Therefore, the authorities’ proposal to relax the upper age limit of Category
C security personnel to 60 is worth recognition and support as such a timely movecan, on the one hand, bridge the existing gap between the upper age limit ofCategory C security personnel and the statutory retirement age for police officers,
and on the other hand, help alleviate the manpower shortage in the industry.
Lastly, I am a holder of both Category A and Category B SPPs. As amember of the Subcommittee on the proposed resolution, I have raised not only myconcern about the upper age limit of Category C security personnel at the meeting,but also my hope for the Administration to provide assistance for Category A andCategory B SPP holders who cannot fulfil the work experience requirement when
applying for permit renewal, in the form of some simple refresher courses, so thatthey have a better chance of meeting the renewal requirements and retaining theirpermits. As such, they can readily rejoin the industry if warranted by social or

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LEGISLATIVE COUNCIL ― 26 October 2022

personal needs. I hope the Administration will consider my suggestion carefully
to facilitate Category A and B SPP holders in rejoining the labour market.
I so submit and support the proposed resolution.

MR TONY TSE (in Cantonese): Thank you, President. First of all, I would liketo declare that I am the Chairperson of the Property Management Services
Authority (“PMSA”). However, I do not have any interest in the proposed
resolution, and strictly speaking, the proposed resolution is not directly related to
the work of PMSA. Nonetheless, it is clear from the content of the proposed
resolution that currently there are labour shortage and ageing workforce among
security personnel and property management personnel (in particular frontline
staff), as well as in Hong Kong as a whole.
Under the proposed resolution, the upper age limit for Category C Security
Personnel Permit (“SPP”) holders (i.e. those who are required to carry arms andammunition when performing their guarding work) will be relaxed from the current
level of 55 to 60. I support the proposal because with the advancement of medical
science and increased health consciousness, many Hong Kong people at the age of
55 or above are still fit and healthy. While their physical fitness can be as goodas young people, they may also have advantages in terms of experience andself-discipline.
The current legislation prohibits security personnel from continuing theirwork as armed security guards from the age of 55, regardless of their physicalcondition. Such a provision is clearly outdated. I even find the current proposal
from the Government too conservative. Will the authorities consider further
raising the upper age limit to beyond the age of 60? Can reference be made to thecurrent practice for Category A and Category B SPP holders, such that existing
Category C SPP holders would be allowed to continue their work as armed security
guards beyond the age of 60, provided that they can submit a medical certificate
annually?
In fact, with a declining fertility rate and less inflow of young immigrants,
Hong Kong is suffering from the rapidly worsening problems of an ageing
population and labour shortage, and the security services industry is no exception.
Meanwhile, we may also notice that many cleaners, security guards and other typesof property management staff are often elderly persons.

LEGISLATIVE COUNCIL ― 26 October 2022

5325

In fact, there are ample development opportunities for security guards andbuilding management personnel in Hong Kong, as illustrated by the constant riseof demand for the relevant manpower. Nonetheless, most young people are
reluctant to join these professions. To a certain extent, such a situation arises
because for many local young people and their parents, these jobs are not only
boring and tough, but also lacking in social status and seemingly without goodprospects. In this regard, the relevant sectors or the Government should step up
efforts on promoting the industries among secondary students to enhance theirunderstanding, with a view to attracting more new entrants.
With these remarks, President, I support the proposed resolution moved by
the Secretary for Security under the Security and Guarding Services Ordinance.

PRESIDENT (in Cantonese): Does any other Member wish to speak?
(No Member indicated a wish to speak)

PRESIDENT (in Cantonese): If not, I now call upon the Secretary for Security to
reply. Then, the debate will come to a close.

SECRETARY FOR SECURITY (in Cantonese): President, I would like to thankMembers for supporting the proposed resolution and giving further views on thedevelopment of the security services industry. The Security and Guarding
Services Industry Authority will gazette the revised criteria for implementation assoon as possible, so that Category C security personnel can choose to continue theirwork until the age of 60. With a total workforce of over 150 000, including some
employees of an older age, the security services industry provides important job
opportunities for the people of Hong Kong, especially grass-roots workers. In
addition, security guards are on duty day in day out, striving to protect the lives andproperty of residents and clients. They also make valuable contribution to the
Police’s work in respect of crime prevention and detection. Regarding the otherviews expressed by Members just now on the development of security personnel
or the industry, the SAR Government will review the regulatory regime andrelevant requirements from time to time to ensure that the industry can keep pacewith the times and develop in a sustainable manner to meet the needs of the public.
Thank you, President.

LEGISLATIVE COUNCIL ― 26 October 2022

5326

PRESIDENT (in Cantonese): I now put the question to you and that is: That the
motion moved by the Secretary for Security be passed. Will those in favour
please raise their hands?
(Members raised their hands)

PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)

PRESIDENT (in Cantonese): I think the question is agreed by a majority of theMembers present.
I declare the motion passed.

MEMBERS’ MOTIONSPRESIDENT (in Cantonese): Member’s Motion.
Motion under Rule 77(1) and (2) of the Rules of Procedure. The purposeof the motion is to amend the terms of reference and the names of the relevant
Panels.
Members who wish to speak please press the “Request to speak” button.
I now call upon Ms Starry LEE to speak and move the motion.

PROPOSED RESOLUTION UNDER RULE 77(1) AND (2) OF THE RULESOF PROCEDURE
MS STARRY LEE (in Cantonese): President, in my capacity as Chairman of theHouse Committee, I move that the proposed resolution as printed on the Agenda
be passed.

LEGISLATIVE COUNCIL ― 26 October 2022

5327

Following the reorganization of the government structure with effect from
1 July 2022, the Committee on Rules of Procedure (“CRoP”) held a meeting in Julythis year to examine if there would be any major impacts on the terms of referenceof the relevant Panels with a view to enabling the Legislative Council to continue
to effectively monitor the work of the Government.
Having reviewed the transfers of policy responsibilities among bureauxpursuant to the reorganization of the government structure and the current scope ofwork of the 18 Panels, CRoP proposed to finetune the terms of reference of four
Panels, namely the Panel on Home Affairs, Panel on Welfare Services, Panel on
Economic Development and Panel on Environmental Affairs. After consulting
the Chairmen of the four Panels and the Administration, CRoP recommended to
the House Committee that the terms of reference of the four Panels should be
finetuned to enable the Panels to monitor relevant policy matters in a holistic andfocused manner, and the amendments mainly include:(a)to transfer the policy area relating to “women matters” and “Family
Council” from the Panel on Welfare Services to the former Panel on
Home Affairs;(b)

to transfer the policy area on “weather information services” from thePanel on Economic Development to the Panel on Environmental
Affairs;(c)

to transfer the policy area on “energy supply and safety” from thePanel on Economic Development to the Panel on Environmental
Affairs. With the proposed transfer, all energy related matters,
including closely related policies on energy supply and safety, energy
efficiency and conservation, promotion and development of
renewable energy, etc., will be placed under the purview of the Panelon Environmental Affairs; and(d)to rename the Panel on Home Affairs as the Panel on Home Affairs,
Culture and Sports.

At its meeting on 14 October, the House Committee approved all theamendments proposed by CRoP. It was also suggested at the House Committee
meeting that the name of the relevant Panel be changed to better reflect the policy
area on innovation and technology. After consulting the Chairman of CRoP and
the Chairmen of the relevant Panels, the House Committee agreed to the proposal

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LEGISLATIVE COUNCIL ― 26 October 2022of renaming the Panel on Commerce and Industry as the Panel on Commerce,
Industry, Innovation and Technology to better reflect the fact that innovation andtechnology falls under the purview of the Panel on Commerce and Industry, andincorporated this proposal into the amendments proposed by CRoP.
I would like to thank CRoP and my colleagues in the Secretariat for theirefforts in bringing the proposed resolution to the floor today. If the proposed
resolution is passed by the Legislative Council, the proposed amendments will takeeffect immediately.
My views on the proposed resolution are set out below. Panels provide aforum for Members to exchange views with the Administration and the public onpolicy matters. Before the reorganization, the Government had 3 Secretaries ofDepartments and 13 Directors of Bureaux, and after the reorganization, it has 3
Secretaries of Departments and 15 Directors of Bureaux. The Legislative Council
has 18 Panels. It has been the practice of the Legislative Council to define thescope of work of Panels with reference to the policy responsibilities of theircorresponding bureaux. Although the reshuffling of policy areas among Policy
Bureaux does not necessarily mean that the scope of work of Panels has to besignificantly changed accordingly, efforts will be made, where possible, to ensurethat a Panel does not have to liaise with too many bureaux and the same bureau
does not have to liaise with too many Panels.
Therefore, I agree to the proposals of CRoP to finetune the terms of referenceof the four Panels, as this will enable the Panels to monitor relevant policy mattersin a more holistic and focused manner, and allow the Legislative Council tocontinue to perform our functions effectively without affecting the existing
distribution of work among the Panels as far as possible. To this end, I hopeMembers will consider and support this proposed resolution.
President, I so submit.
The motion moved by Ms Starry LEE is in Appendix 5.

PRESIDENT (in Cantonese): I now propose the question to you and that is: Thatthe motion moved by Ms Starry LEE be passed.
Mr Vincent CHENG, please speak.

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MR VINCENT CHENG (in Cantonese): Thank you, President. President, I riseto speak in support of the resolution proposed by Ms Starry LEE, Chairman of theHouse Committee, the content of which is based on the recommendations of theHouse Committee, including approving the amended terms of reference of Panels
and list of corresponding bureaux, the formal renaming of the Panel on Home
Affairs as the Panel on Home Affairs, Culture and Sports, and the renaming of the
Panel on Commerce and Industry as the Panel on Commerce, Industry, Innovation
and Technology set out in the Schedule. The resolution will come into effecttoday after it is passed in the Legislative Council.
President, I would like to focus on the Panel on Home Affairs, renamed as
the Panel on Home Affairs, Culture and Sports. As the current Chairman of the
Panel on Home Affairs, I am much delighted. I remember that when the namechange was first proposed to the Committee on Rules of Procedure (“CRoP”), I
was advised that no name change for the 18 Panels had been heard of in their
history. However, as far as I was concerned, I thought it was necessary. As aresult of the reorganization of the new Government, the home affairs portfolio has
been split between two bureaux, namely the Home and Youth Affairs Bureau andthe Culture, Sports and Tourism Bureau. For this reason, in addition to revising
the terms of reference of the Panel on Home Affairs, I think it is very appropriate
to change its name as well. First, I hope that the name change is not merely aname change, but that the work of the Panel on Home Affairs, Culture and Sports
will be more efficient; second, this Panel will be able to discuss more issues related
to culture and sports in the future; third, it also shows that the Legislative Council
attaches great importance to the development of the cultural and sports industries
in Hong Kong, and the proper naming of the Panel is also a token of respect for thepractitioners of these two industries.
I am also grateful to CRoP for accepting my views and my colleagues in theHouse Committee for agreeing to the name change. In fact, if we look at the termsof reference of the Panel on Home Affairs, Culture and Sports, we will see that theareas covered are very extensive, including district, community and rural matters,
civic education, building management, youth matters, women matters, Family
Council, provision of leisure and cultural services, development of arts and culture,public entertainment, sports and recreation, and so on.

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LEGISLATIVE COUNCIL ― 26 October 2022

For a period of time in the past, the culture and sports issues discussed by
the Panel on Home Affairs mainly concerned funding for projects, construction offacilities and venues, and hardware. I hope that after the name change, more
importance can be attached to the policy area on “development of arts and culture”
and “sports and recreation”, and the Panel can devote time to discuss more
software-related work, including how to nurture arts and cultural talents; measures
to develop Hong Kong into a hub for arts and cultural exchanges between China
and the rest of the world as stated in the 14th Five-Year Plan; and give more advice
on the blueprint of the Government for the development of arts and cultural andcreative industries, and do more in terms of the industrialization of sports. I hopethat the Panel can provide a bigger and broader platform to collect more views fromdifferent stakeholder groups.
This morning, I was particularly impressed by the oral question raised by
Mr Kenneth FOK. In fact, many Members also wanted to raise questions, but they
could not wait for their turn, and a total of more than 20 people pressed the button
to raise questions on how we could develop better as a hub for arts and cultural
exchanges between China and the rest of the world. I hope that the new Panel on
Home Affairs, Culture and Sports will play a bigger role.
Thank you, President. I support the resolution proposed by Ms Starry LEE.

IR DR LO WAI-KWOK (in Cantonese): President, I would like to thank
Ms Starry LEE, Chairman of the House Committee, for moving this proposed
resolution to amend the terms of reference and the names of the relevant Panels of
this Council.
President, Panels provide an important forum for Members to exchange
views with the Administration and the public on policy matters. In accordancewith Rule 77(1) and (2) of the Rules of Procedure, the number of Panels and theirterms of reference shall be recommended by the House Committee and approvedby this Council. The terms of reference of the existing 18 Panels were approvedby this Council in July 2008. The proposed resolution moved by Ms Starry LEE
on behalf of the House Committee mainly aims to reflect the latest proposals of theCommittee on Rules of Procedure (“CRoP”) to rationalize the terms of referenceof Panels following the reorganization of the government structure with effect from
1 July this year, so as to ensure that the Legislative Council can continue toeffectively discharge its function of monitoring the work of the Government.

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5331

It has been the practice of this Council to define the scope of work of Panelswith reference to the policy responsibilities of their corresponding bureaux.
Mainly two principles are followed, that is, to ensure as far as possible that a Panel
does not have to deal with too many bureaux and the same Policy Bureau would
not be required to report to too many Panels.
Immediately following the reorganization of the government structure witheffect from 1 July this year, CRoP held a meeting on 12 July to review the transferof policy responsibilities among bureaux and its possible impact on the current
scope of work of the 18 Panels of this Council. As a member of CRoP, I took partin the discussion. Members were quite unanimous in their view that there wasindeed a need to make certain adjustments accordingly.
Firstly, given the retitling and expansion of the Environment Bureau as theEnvironment and Ecology Bureau, climate change matters and all energy-related
matters should be transferred to that Bureau. Consequently, the policy area on“weather information services” and “energy supply and safety” currently under the
Panel on Economic Development should be transferred to the Panel on
Environmental Affairs. Meanwhile, in view of the transfer of the policy portfolio
on women from the Labour and Welfare Bureau to the Home and Youth Affairs
Bureau that is in charge of family-related matters, the policy area on “women
welfare” and “Family Council” currently under the Panel on Welfare Services
should be transferred to the Panel on Home Affairs. The above changes simply
aim to enable the relevant Panels to monitor policy matters in a holistic and focusedmanner.
It was also agreed that the Panel on Home Affairs should be renamed as the
Panel on Home Affairs, Culture and Sports to better reflect its updated terms ofreference, and the Policy Bureaux involved include the Home and Youth Affairs
Bureau and the Culture, Sports and Tourism Bureau.
It can be seen that the proposals of CRoP are pragmatic and do not involve
controversies over major principles. The proposals will take effect immediately
upon the passage of the proposed resolution by this Council. I believe that thiswill facilitate communication between the various Panels and their respective
bureaux, and promote positive interaction between the executive and thelegislature, so that we can work together to achieve good governance.
President, I so submit.

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LEGISLATIVE COUNCIL ― 26 October 2022

MR CHAN CHUN-YING (in Cantonese): President, I speak in support of this
proposed resolution under the Rules of Procedure to rename, among the 18 Panelsof the Legislative Council, the Panel on Home Affairs as the Panel on Home
Affairs, Culture and Sports, and the Panel on Commerce and Industry as the Panelon Commerce, Industry, Innovation and Technology, following the reorganizationof government structure.
When the House Committee discussed the issue, Mrs Regina IP proposedthat we should consider keeping abreast of the times to update the name of the
Panel on Information Technology and Broadcasting as well. The reason is that
Panels were named after the relevant Policy Bureaux, but nowadays technology
does not only encompasses information technology, but also other technologies,
such as biotechnology and aerospace technology.
I really admire Mrs Regina IP for her sensitivity and keen observation.
While we have not included this proposal in the amendments today, I have someinnovative ideas on the operation of Panels inspired by her view.
President, each of the 18 Panels of the Legislative Council has a cap of 20
members on its size at present, which means that 360 Panel seats in total areavailable. After the by-election to fill four vacancies in the membership of theElection Committee constituency in December this year, each of the 90 Members,
except the President, can only participate in the work of about four Panels.
Individual Members may join more than four Panels due to the several vacancies,
but such Members only account for a small number.
Among the 18 Panels, as many as half of them (i.e. 9 Panels) deal with morethan 1 corresponding bureau, whereas 3 Panels even have 3 corresponding Policy
Bureaux each. Of course, any issue discussed by the Panels, subject to its nature,
can be open to all Members for discussion. Besides, when a specific issue falls
within the purviews of two Panels, joint meetings are occasionally arranged by the
Panels involved. However, this is not a standing arrangement. The Chairmenof the two Panels also have to discuss who would preside over the meetings.
It appears that the existing delineation among Panels does not limit
Members’ participation, and yet the actual operation has still put some constraints
on Members. Honourable colleagues may be interested in other areas that areoverseen by the same bureau but are outside the purviews of the four Panels, butthey cannot do anything about this due to the size limit that I mentioned.

LEGISLATIVE COUNCIL ― 26 October 2022

5333

In fact, as Members’ work involves a myriad of issues, they seldom
proactively attend Panel meetings as non-members for policy discussion. It
would be beneficial if Members could join the discussion on other issues under thepurview of the same Policy Bureau. For instance, they can better understand theoverall policy considerations of the Directors of Bureaux during theircommunication.
To this end, if each Panel is assigned to mainly deal with one Policy Bureau,
when a Panel discusses an issue under the purview of another bureau, a joint
meeting to be presided over by the Chairman of this Panel will be arranged.
Members of the other relevant Panel should receive invitation and notification in
respect of the meeting. To facilitate Members’ attendance at the two related
meetings, Panels may schedule their meetings “back-to-back”, instead of thecurrent practice of scheduling the meetings separately.
For example, if the Panel on Constitutional Affairs has completed the firstpart of a meeting on constitutional issues and the second part involves the issue oflabour welfare, the meeting will become a joint meeting with the Panel on Welfare
Services and members of the latter will be invited to attend the meeting. Whenthe joint meeting ends, the Panel on Welfare Services may convene a meeting
immediately, and so on and so forth.
Such an arrangement allows each and every Member to join the discussion
on a wider range of topics in accordance with the general scope and content of workof a Policy Bureau, rather than being confined to the purview of a Panel.
Moreover, Members who wish to deal with broader policy issues may plan theirmembership strategy in order to better express their views on different policy areas.
President, the above ideas are only meant to do some brainstorming withMembers and will not change my position in supporting this resolution. Thankyou, President.

MRS REGINA IP (in Cantonese): President, I speak in support of this resolution
to amend the policy areas of some Panels and change their names.
At the House Committee meeting two or three weeks ago, I raised a question
about whether the Panel on Information Technology and Broadcasting should be
renamed as well, given that the SAR Government’s current technology policy is no5334

LEGISLATIVE COUNCIL ― 26 October 2022

longer limited to promoting information technology. After the meeting, I am
grateful to the Secretariat for reminding me that during the reorganization of
government structure before the summer recess of the Council, the Government
has already made changes to the distribution of work. The Commerce andEconomic Development Bureau will continue to be responsible for matters relating
to information technology and broadcasting, including 5G applications.
Industrial policies, including innovative industries, should fall within the terms ofreference of the Panel on Commerce and Industry.
In view of this, I think the name of the Panel on Commerce and Industry fails
to highlight the importance that our country and the SAR Government attaches toinnovation and technology (“I&T”) nowadays and its significance. Therefore,
having discussed with the Secretariat, I agree that the Panel on Commerce andIndustry should be renamed as the Panel on Commerce, Industry, Innovation andTechnology. This will be more accurate and will revert to the previous
arrangement whereby the names of Legislative Council Panels and theircorresponding Policy Bureaux were aligned. As the President may recall, theGovernment used to have the Information Technology and Broadcasting Bureau,
which was subsequently reorganized into the Commerce, Industry and Technology
Bureau with Mr Joseph WONG being the Director of Bureau. However, when
Mr Donald TSANG became the Chief Executive, the Bureau was replaced by theCommerce and Economic Development Bureau with its functions related tocommerce, industry and I&T being removed. As a result, matters relating totechnology disappeared. Back then, many people, who have now become
Members of this Council, staged protest against the Government’s“de-technologization”.
I am glad to see the Government now attaches so much importance to I&T,
so I am also pleased to learn that the Committee on Rules of Procedure has accepted
my proposal. Upon discussion with the Secretariat, it is proposed to expand thescope of the Panel on Commerce and Industry and rename it as the Panel on
Commerce, Industry, Innovation and Technology. In the future, all Members
should know which Panel they should approach for discussing I&T, be it aerospacetechnology or new materials.
President, I support this resolution.

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PRESIDENT (in Cantonese): Does any other Member wish to speak?
(No Member indicated a wish to speak)

PRESIDENT (in Cantonese): If not, I now call upon Ms Starry LEE to reply.
Then, the debate will come to a close.

MS STARRY LEE (in Cantonese): President, first of all, I would like to express
my gratitude to Members who have spoken. They all support the resolution today,
which I believe will gain support from Members, as it did during the discussion at
the previous House Committee meeting.
The new-term Government has been acting with a proactive style since
assuming office, and working with the Legislative Council in carrying out theirrespective functions. Members have also played their part by putting forward
their views to the Government through Panels and various platforms, andperformed their function of monitoring the Government. So I would like to thankthe President, the Committee on Rules of Procedure (“CRoP”) and the Secretariat
for having completed the review process within a short period of time.
We are all aware that the set-up of Panels in the Legislative Council has
never corresponded with the government structure on a one-on-one basis. While
we have 18 Panels, the Government had “3 Secretaries of Departments and 13
Directors of Bureaux” before the reorganization of structure, and now, there are“3 Secretaries of Departments and 15 Directors of Bureaux”. It is true that ourprevious approach or practice tended to follow our own structure as it made thefewest changes and could achieve our objectives. Otherwise, we will have to
make major changes whenever the Government reorganizes its structure. This is
not our practice in the past.
The Legislative Council currently follows the principle of “patriots
administering Hong Kong”. This year, there are 90 Members in this Council andthe newly amended Rules of Procedure (“RoP”) have been applied for the firsttime. Mr CHAN Chun-ying has just put forward many concrete proposals, and I
believe there are more than that. I hope Mr Paul TSE, Chairman of CRoP, andother CRoP members can collect Members’ views in due course. I find thepresent-day legislature different from the previous ones. In the past, proposals to

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amend RoP would lead to “fights” but now there are rational discussions amongus. I believe that an appropriate set of RoP can allow the legislature to play its
proper role.
I would also like to express my thanks to various Members for their input,
including the views raised by Mrs Regina IP at the House Committee, and goodideas from Mr Vincent CHENG and other Members during the consultation
process, which helps garner Members’ support for the resolution today.
Lastly, I would like to thank everyone once again for supporting theresolution today and CRoP, the Secretariat and friends for their efforts in bringing
the resolution today to this stage for Members’ voting for its passage. It is myhope that the proposals can be implemented immediately for the Council to perform
its role.
President, I so submit.

PRESIDENT (in Cantonese): I now put the question to you and that is: That the
motion moved by Ms Starry LEE be passed. Will those in favour please raise
their hands?
(Members raised their hands)

PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)

PRESIDENT (in Cantonese): I think the question is agreed by a majority of eachof the two groups of Members present, that is, those returned by the Election
Committee and those returned by functional constituencies and geographicalconstituencies.
I declare the motion passed.

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PRESIDENT (in Cantonese): Member’s motion with no legislative effect.
Mr Edward LEUNG will move a motion on “Shortening the waiting time for
specialist outpatient services at public hospitals”.
Three Members will move amendments to the motion.
This Council will proceed to a joint debate on the motion and theamendments.
Later, I will first call upon Mr Edward LEUNG to speak and move themotion. Then I will call upon Dr David LAM, Ir LEE Chun-keung and
Dr Stephen WONG to speak in sequence, but they may not move the amendments
at this stage.
The joint debate now begins. Members who wish to speak please press the“Request to speak” button.
I now call upon Mr Edward LEUNG to speak and move the motion.

MOTION ON “SHORTENING THE WAITING TIME FOR SPECIALISTOUTPATIENT SERVICES AT PUBLIC HOSPITALS”
MR EDWARD LEUNG (in Cantonese): Thank you, President. I move that the
motion on “Shortening the waiting time for specialist outpatient services at public
hospitals”, as printed on the Agenda, be passed.
At present, the waiting time for specialist outpatient (“SOP”) services atpublic hospitals is excessively long, and the waiting time for stable new casebookings in different specialties even spans years. Aside from paediatrics, themedian waiting time for all other specialties ranges from 40 to 74 weeks. Amongthem, ophthalmology is the hardest hit specialty. The median waiting time of new
stable cases in the New Territories West Cluster is the shortest, i.e. 50 weeks,
meaning that people have to wait for nearly a year to see a doctor. The situationin the Kowloon West Cluster is the worst with a median waiting time of 146 weeks
and the longest waiting time of 173 weeks, which is more than three years and threemonths. If people are experiencing any eye discomfort, can they accept waiting
for nearly a year or even more than three years to see a specialist? We have often

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LEGISLATIVE COUNCIL ― 26 October 2022

heard of cases in which patients, who initially just had minor physical issues,
eventually became seriously ill as a result of their prolonged wait to see a doctor.
The excessively long waiting time not only affects the health of patients, butalso adds to the already overloaded burden of public hospitals, resulting in an
increasingly heavy medical cost. Therefore, I move this motion today in the hopethat this Council, government officials and the community can have focused
discussions and draw on their collective wisdom to solve the long-standing problem
of encountering difficulties in seeking medical consultation.
There are many underlying causes of the long waiting time for SOP services
at public hospitals, among which the most fundamental one is of course related tothe shortage of healthcare manpower, which makes it difficult for public hospitals
to cope with the huge number of consultations. According to the Healthcare
Manpower Projection 2020, Hong Kong will face a shortage of 1 600 doctors in
2030 and an even greater shortage of 1 900 doctors in 2040. We can see that the
number of SOP attendances exceeds 7.5 million per year, with an additional
800 000 new patients each year. It is a very worrying situation.
Specialty diseases require long-term follow-up consultations.
Manypeople may not be able to afford private healthcare, especially when the medical
cost is so difficult to estimate. Hence, many patients are worried about whether
they can return to the public healthcare system within a short period of time if theirhealth conditions unfortunately deteriorate after being transferred to the private
healthcare system. Although the Hospital Authority (“HA”) has indicated that
there is now a return mechanism under the Public-Private Partnership (“PPP”),
patients do not dare to “risk their lives” in reality.
The above issues have led to the deep-seated problem of “severely congested
SOP services at public hospitals”. Certainly, we understand that it is impossible
to solve all the problems overnight, but we hope that the Government will be
determined and thoughtful in solving the problem, so that the public will not haveto wait so long for medical consultation in the future and will not have to wait until
their conditions deteriorate before having a chance to see a doctor.
Currently, HA has set targets for the median waiting time for Urgent andSemi-urgent cases which are now kept within two weeks and eight weeks
respectively. However, there is no target for the waiting time for stable new case

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5339

bookings. The Chief Executive has proposed in the Policy Address to reduce thewaiting time of stable new case bookings for the specialty of Medicine by 20% in
the next financial year. This key performance indicator (“KPI”) marks a goodstart, but we think greater and more extensive efforts can be made. Apart fromthe specialty of Medicine, the waiting time for many other specialties is also very
long. Ophthalmology, which I mentioned earlier, is in a dire situation.
I suggest that the authorities set a target for the waiting time for stable newcase bookings, or at least not to make it even longer. It is preferable to follow thepractice of setting the waiting time for allocation of public rental housing units bycommitting to a capped waiting time for stable new case bookings.
Even if the waiting time will not be lengthened in the future, we need towiden the scope of PPP to clear this “long queue”. HA has launched theprogramme on a pilot basis for Medicine and Orthopaedics & Traumatology SOP
services, which is worth supporting. However, the authorities should make wider
and further efforts to expedite the exploration of implementing PPP in otherspecialties. I suggest that more specialties should be covered by the pilot
programme. SOP services with an extremely long median waiting time, such as
Ophthalmology and Otorhinolaryngology, as well as specialties which have arelatively mature private market, such as Psychiatry or Diabetes & Metabolism,
should be considered, so that more patients on the waiting list for SOP services atpublic hospitals can have an additional choice to meet their needs.
Why are so few people participating in the existing PPP programmes? It isbecause patients do not feel the convenience. Take the Shared Care Programme
launched by the authorities in 2010 as an example, the actual participation rate ofpatients is only 6%. An obvious reason behind this is that patients are concerned
about the high charges of private doctors and are frightened to see the hefty billwhich may push them down the bottomless pit.
When implementing the programme, apart from increasing the amount ofsubsidy to narrow the gap between the medical fees paid by patients to private
doctors and at public hospitals. More importantly, the authorities should makepatients feel assured. Therefore, the authorities should provide clearer and moretransparent “packaged prices” for the relevant treatments, or even consider capping
the relevant charges so that patients can better estimate the fees.

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LEGISLATIVE COUNCIL ― 26 October 2022

Furthermore, many patients are worried that it will be difficult for them toreturn to the public healthcare system after being referred to the private healthcare
system for medical treatment, so they would rather wait for quite a long time toseek treatment at public hospitals. To allay these worries, it is necessary for theauthorities to establish appropriate follow-up channels for patients who accept
invitations for referrals, so that they can have a clearer and more comprehensive
understanding of the PPP programme. Besides, the authorities should also givepatients an objective analysis of the pros and cons of participating in PPP, rather
than simply issuing a referral letter for patients to read on their own. For patients
who do not participate in the programme, HA should systematically gauge theconcerns of these patients in order to identify the inadequacies of the programme
for further improvement.
Lastly, I suggest that the Government enhance the Voluntary Medical
Insurance Scheme for Civil Servants. In the past, the authorities introduced thisscheme in the hope of encouraging civil servants to take out insurance to relieve
the pressure on public hospitals. However, since the scheme requires civil
servants to pay the premiums and even the medical fees out of their own pockets,
the participation rate is relatively low.
At present, the Government provides civil servants and their families withgood medical benefits, including priority discs for serving civil servants. Some
hospitals have also provided additional quotas for civil servants to receive specialist
treatment, which is certainly very good. However, in the face of the plight ofextremely long waiting time for the public to seek SOP services at public hospitals,
can the authorities consider how to deploy public resources to better serve thegeneral public?
I suggest that the authorities purchase medical insurance for new recruits tothe civil service on a pilot basis so that they can seek treatment from the private
healthcare system when necessary, thus releasing the capacity of the publichealthcare system to serve members of the public.
President, in his “1 July speech”, President XI Jinping puts forward “fourproposals”, urging us to “earnestly address people’s concerns and difficulties indaily life”. To allow people live a better life, “accessible medical services” is abasic requirement. To this end, I hope that Members will support my motion sothat the authorities can have a greater determination to solve this problem andprovide a visible and accessible public service which can help patients to restore
their health.

LEGISLATIVE COUNCIL ― 26 October 2022

5341

With these remarks, I hope Members will support my motion. Thank you,President.
Mr Edward LEUNG moved the following motion: (Translation)“That at present, the waiting time for specialist outpatient services at public
hospitals is excessively long, and the waiting time for some stable new casebookings even spans years, resulting in many patients being unable toreceive proper treatment before their clinical conditions deteriorate; in thisconnection, this Council urges the authorities to actively optimize the useof private healthcare resources to triage and take care of patients seeking
specialist outpatient services at public hospitals, including expanding thescope of medical Public-Private Partnership programmes to cover more
specialty diseases; this Council also urges the authorities to set targets on
the median waiting time of stable new case booking for specialist outpatient
services at public hospitals, and progressively shorten the waiting time forsuch new case bookings.”

PRESIDENT (in Cantonese): I now propose the question to you and that is: Thatthe motion moved by Mr Edward LEUNG be passed.

DR DAVID LAM (in Cantonese): Thank you, President. First of all, I am very
grateful to the Chief Executive for proposing in the Policy Address thedevelopment of primary healthcare as a major approach to cope with the healthcare
challenges arising from the ageing population in Hong Kong. I am also very
grateful to Mr LEUNG for moving the original motion. I have only added to theoriginal motion the significant role of family doctors as the central service provider
and the importance of various healthcare professionals working together in thecommunity healthcare network to serve the public by performing their respective
duties.
There is no doubt that shortening the waiting time for specialist outpatient(“SOP”) services at public hospitals is the most crucial key performance indicator(“KPI”). But what is the crux of this KPI? It is about (1) effective disease
prevention, and (2) extensive triage of patients with stable chronic diseases tofamily doctors for treatment. Both of them rely on the sustainable and close
doctor-patient relationship between family doctors and members of the public.

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LEGISLATIVE COUNCIL ― 26 October 2022

I strongly support the concept of “family doctor for all” and hope that theGovernment, in promoting this concept, will try its best to enlist all family doctors
in the community, as the public has already established mutual trust with them. I
also very much agree that the primary healthcare system needs proper governance,
including certain requirements for family doctors. However, I hope that theserequirements are straightforward and effective, forgoing the bureaucratic hassle
and overly complicated administrative procedures, so that every family doctor canparticipate. In order to achieve this, I have proposed another KPI which is about
the number of family doctors participating in the primary healthcare system.
Family doctors are the “general managers” of people’s health. When
members of the public do not have any diseases, they should focus on prevention.
Of course, Chinese medicine is equally important in this regard. When membersof the public feel unwell, family doctors will diagnose them, formulatecomprehensive medical plans for them, and, if necessary, refer them to the proper
professionals for treatment. I must stress that it is family doctors―not SOP
doctors at public hospitals―that should provide ongoing treatment for chronicallyill patients in stable conditions.
To make patients feel at ease to return to the community to seek treatment
from family doctors, it is important to assure them that when their conditions
become unstable, they can quickly return to SOP clinics at public hospitals without
having to make a booking afresh. Public hospitals should trust their family doctor
partners and give them, especially those participating in the Specialist Outpatient
Clinic Public-Private Partnership (“SOPC-PPP”) or General Outpatient Clinic
Public-Private Partnership (“GOPC-PPP”) programmes, the authority to directly
make appointments for their patients for follow-up consultations at the original
SOPCs of public hospitals. This arrangement will also give patients more
confidence to return to the community for follow-up consultations with family
doctors. Therefore, the second and third KPIs I propose are related to the numberof referrals from SOPCs of public hospitals to family doctors and the ratio of newcases at SOPCs to the old ones which should probably be reduced to 1:4 to 1:5 fromthe current level of 1:9.
Another focus in the development of primary healthcare is to build an online
interoperable network system which can enable healthcare professionals to help
patients to find suitable and easily accessible professionals from their homes fortreatment. Moreover, this system can also keep a record of the progression of

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patients’ medical conditions which can subsequently be fully digitalized to create“one medical record for each patient”. Besides, it can serve as a communication
platform among healthcare professionals.
Community healthcare networks should bring together healthcare
professionals from various disciplines to serve the public in a coordinated mannerby performing their respective duties. Policies should encourage the micro- andsmall-sized enterprises or individual professionals to provide services, so that
service providers can compete on quality and the public can have more choices.
To avoid creating another “big white elephant”, policies should also differentiate
purchasers and service providers.
The Primary Healthcare Authority’scounterparts must be professionals rather than businessmen as the healthcare
system should develop professionally rather than commercially.
Primary healthcare should be linked up with hospitals to arrange fordischarged patients to receive rehabilitation treatment in the community. Patientsshould be given appropriate treatment plans before returning home, so that they
will know where to receive follow-up services after leaving hospitals.
In addition to the arrangement of services, “money follows patient” also
plays a significant role. In principle, patients should not be required to pay more
for services received in the community than for the same services they receive inpublic hospitals.
I support Mr Edward LEUNG’s original motion subject to my minor
amendments. President, I so submit.

IR LEE CHUN-KEUNG (in Cantonese): Thank you, President. At present,
Hong Kong people have a keen demand for specialist healthcare services, and it iscommon that the waiting time for certain new case bookings span years.
According to the website of the Hospital Authority, the average waiting time forcataract surgery, for example, is close to two years. As a result, many patients
have to wait until they are incurably ill before they can receive appropriate
treatment.
In view of the aforementioned issues, I would like to thank Mr Edward
LEUNG for moving this motion. Due to time constraints, I will mainly explain
the proposal in my amendment on establishing specialist primary healthcare

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networks in the community, and other Members of the Liberal Party will later go
into detail about the proposal on admitting more qualified specialist doctors andnurses to practise in Hong Kong.
President, with an ageing population and the increasing prevalence ofchronic diseases, the waiting time for specialist services at public hospitals has
continued to rise, which has overloaded the handling capacity of public hospitals.
To solve this problem, in the final analysis, we have to understand why the grassroots need specialist services at public hospitals. It is because they simply cannot
afford the huge cost of private specialist services, thus having no choice but to wait
for the specialist services of public hospitals helplessly and endlessly.
The first tier of primary healthcare is to promote a healthy lifestyle andprevent chronic diseases through publicity, consultation, counselling services andeducational activities. Therefore, I propose to invite specialists to hold healthtalks and free consultations on a regular basis in various District Health Centres
across the territory, and even provide screening services for different diseases, sothat the public can have a better understanding of different specialty diseases andraise their awareness of identification and prevention of these diseases.
In addition, I believe that Chinese medicine (“CM”), as a specialty, shouldplay a bigger role in primary healthcare. At present, CM services are not available
at all District Health Centres. However, apart from being effective in treating
chronic diseases, CM can also effectively prevent deterioration of diseases. As amatter of fact, the public’s understanding of CM enhanced a lot during the
COVID-19 epidemic, as they realize the great advantages of CM in rehabilitation
process and reducing the sequelae of “long COVID”, such as relieving insomnia
and chronic cough, which has significantly bolstered their confidence in CM.
In fact, data show that the number of healthcare vouchers used by the elderly
for CM services has increased in recent years. The number of transactions
increased by 1.9 times between 2015 and 2021 and the consumed voucher value
increased by more than four times, reflecting the keen demand for CM services
among the general public.
Although the Government plans to introduce CM specialty only after thecompletion and commissioning of the Chinese medicine hospital in 2025, May I
ask why we must wait until 2025? Why not put it into practice now? In myview, apart from general CM outpatient clinics, CM should also be introduced toLEGISLATIVE COUNCIL ― 26 October 2022

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supplement the treatment of general diseases (including specialist treatment). For
example, CM has been proven effective in the treatment of polycystic ovary
syndrome. Another example is CM acupuncture, which is already widely used inmany foreign countries (including the United Kingdom and the United States) for
pain treatment. Strangely, however, this is not the case in Hong Kong where local
Western medicine practitioners merely advise patients to take medicine and receive
injections rather than referring them for acupuncture treatment. However, as
taking medicine and receiving injections always have side effects, they cannot besustained over time.
Therefore, if District Health Centres can provide CM acupuncture services
to patients with chronic pain, coupled with other complementary treatments likeelectrotherapy or physiotherapy, not only can they control the medical conditionsof patients and relieve their pain, but they can also divert and reduce the pressure
on the public healthcare system. Thus, I believe that adding CM outpatient clinics
and other specialist services to the primary healthcare networks in the community,
as well as using CM to treat various pains and ailments to share the burden ofWestern medicine services, will unquestionably only bring benefits but no harm.
President, the Chief Executive has announced in the Policy Address the
publish of the Primary Healthcare Blueprint, the establishment of the Primary
Healthcare Authority and the adoption of KPI for improving specialist outpatient
services at public hospitals. It is believed that these initiatives will help shorten
people’s waiting time for public specialist services. The Liberal Party and I willthrow our full support behind this. However, in the long run, I hope that the
integrated Chinese-Western medicine (“ICWM”) services can be strengthened sothat the public healthcare system as a whole can focus on prevention and early
treatment, build more facilities and reduce the waiting time in a more thoroughmanner.
I hope Members will support my amendments. President, I so submit.

DR STEPHEN WONG (in Cantonese): President, I support the original motion
and Dr LAM’s amendment, which seeks to strengthen primary healthcare throughPublic-Private Partnership (“PPP”) and ultimately shorten the waiting time for
specialist outpatient services at public hospitals. My amendment concerns thefollowing aspects of PPP: firstly, the policy tools; secondly, the objective; andthirdly, the potential risk.

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First, I consider strategic purchasing an important tool in PPP. Simply put,strategic purchasing is like everyday shopping, in which people plan andcontemplate what to buy, how to buy and where to buy, and finally review whether
they have made the right purchases.
The establishment of the Strategic Purchasing Office (“the Office”)
announced by the Chief Executive in his Policy Address is an encouraging firststep. I hope that the Office is not merely an agency to promote PPP programmes
or a machine only capable of making payments and purchases. Instead, it should
be capable of formulating strategies during the purchasing process to make optimaluse of healthcare resources to drive the reform of the healthcare system.
Secondly, in my opinion, the objective of PPP is to promote primary
healthcare in the community. Through purchasing healthcare services from theprivate sector, the Government can facilitate the integration and interface between
primary healthcare and hospital services, as well as between the public and private
sectors, thereby triaging patients from hospitals to primary healthcare services andfrom the public sector to the private sector. Primary healthcare services play animportant role in prevention, triage, early management, chronic disease care andcommunity care, and there are different services available in the community,
including the aforementioned family doctors, physiotherapists and dietitians, andChinese medicine practitioners mentioned by Ir LEE.
In his Policy Address, the Chief Executive has proposed the Chronic Disease
Co-Care Pilot Scheme with good intentions. What I am concerned about is how
the Office will formulate strategies to attract public participation.
The
Government can start with the amount of copayment and find out how much people
are willing to copay before determining the proportion of subsidy. In particular,
as regards groups having financial difficulties, the Office may also consider
increasing the proportion of subsidy for them, so that they will be more willing toparticipate in the Scheme.
On another note, I suggest that District Health Centres may also actively
collaborate with other district organizations to reach out to the community andprovide outreach services together with grass-roots organizations, including theDistrict Services and Community Care Teams to be set up, so as to enhance public
understanding and incentive to participate in the Chronic Disease Co-Care Pilot
Scheme. The aim is to “complete risk assessment within minutes of people
making visits”, so that people at high risk can be identified early in the mostconvenient way and encouraged to join the Scheme.

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Thirdly, I consider that PPP will face a potential risk in the sense that it may
create economic incentives to accelerate the wastage of doctors from the public
sector to the private market. I will cite the Project on Enhancing Radiological
Investigation Services through Collaboration with the Private Sector as an example,
which is one of the PPP programmes. After the Government launched the Projectin 2012, reduction of waiting time only happened in individual clusters, while theoverall waiting time had increased rather than decreased. Unfortunately, in thesame period when the Scheme was introduced, the attrition rate of radiologists inthe public sector immediately exceeded the overall attrition rate, and even reached10.1% in 2017-2018. The 10.1% attrition rate of radiologists was much higher
than the 5.8% attrition rate of all doctors in that year.
Whether there is any correlation between the wastage of public doctors andthe implementation of the relevant PPP programme, and whether it will affect theoverall waiting time for the specialty are issues that call for a comprehensive study
by the Government. If there is a correlation, the Government should modify the
implementation details of the Scheme to ensure that the public sector is adequately
staffed for service provision.
In conclusion, I consider that, in order to shorten the waiting time for
specialist outpatient services at public hospitals through PPP, the Government must
adopt the right approach to serve the right purposes and also refrain from taking
certain actions, so as to truly prescribe the right remedy and build a people-centric
integrated healthcare system. Thank you.

SECRETARY FOR HEALTH (in Cantonese): President, the Government iscommitted to promoting and protecting the health of our citizens, and to ensuringthat the medical services and healthcare system in Hong Kong are of high quality.
There is no doubt that public hospital services are the backbone of our healthcare
system. The Hospital Authority (“HA”) currently manages a total of 43 public
hospitals and medical institutions, which are organized into seven hospital clusters
based on locations. There are 49 specialist outpatient clinics (“SOPCs”) under
HA’s management providing specialist consultation and treatment for patientsreferred by general outpatient clinics, private practitioners or family doctors.
Our healthcare system relies more on treatment than prevention. With anageing population and increasing prevalence of chronic diseases, the demand forspecialist outpatient (“SOP”) services is ever increasing. The annual number of5348

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attendances of HA’s SOP service, as Mr Edward LEUNG just mentioned, hasalready reached 7.5 million, with about 800 000 new case bookings per year. The
waiting time for stable new case bookings is relatively long due to a rising demand.
In this connection, in the Chief Executive’s 2022 Policy Address recently
announced, we proposed to manage the waiting time for SOPC by adopting a
multi-pronged approach. Specific measures include allocating more resources forhandling new cases, streamlining referral arrangements to handle cross-specialty
cases, setting up integrated clinics to provide multi‑disciplinary support tominimize patients’ waiting time for multiple specialists, as well as enhancing
downloading of patients in stable condition to primary care through public-private
partnership.
The Policy Address has proposed that in 2023-2024, we should first reduce
the waiting time of stable new case bookings for the specialty of Medicine by 20%,and also streamline total patient journey time at HA’s SOPCs, such that 75% of
patients will have journey time from registration to doctor consultation within 60
minutes, and from registration to medication collection within 120 minutes.
The Government and HA have been implementing strategies and measures
to manage the waiting time for SOPCs. For a start, I would like to introduce thetriage system for new SOPC referrals.
Implementing the triage system for new SOPC referrals
First, HA has implemented the triage system for new SPOC referrals toensure that patients with urgent medical conditions and those in need can receive
consultation and treatment early. Under the current triage system, a new patientis first screened by a nurse and then triaged by a specialist doctor of the relevant
specialty for classification into Priority 1 (urgent), Priority 2 (semi-urgent) androutine (stable) categories.
HA’s targets are to maintain the median waiting time for cases in Priority 1
and 2 categories within two weeks and eight weeks respectively. In fact, HA has
been able to keep the pledge by maintaining the median waiting time of these twocategories.
At present, for most of the SOPCs, cases triaged as Priority 1 or Priority 2
account for approximately 30% of the total number of new cases. For somespecialties, such as ophthalmology, nearly half of the new cases are triaged as

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Priority 1 and Priority 2. In other words, nearly half of the new ophthalmology
patients can be treated within two months. For the rest of the stable new casebookings, the current median waiting time is about one year.
HA currently adopts the longest (90th percentile) waiting time, rather thanthe median, as the main service indicator for stable new case bookings of SOPCs.
The main reason is that the indicator covers the longest waiting time of the vast
majority of new patients, rather than just half of them. As we would like to use
the majority of patients as a yardstick when setting the indicator, we adopted the90th percentile waiting time. Our target is to cap the longest (90th percentile)
waiting time of overall SOPCs’ stable new case bookings at no more than 100
weeks. To demonstrate the Government’s determination to reduce the waiting
time, the Policy Address proposes to set a target for the specialty of Medicine whichhandles a larger number of cases and has a longer waiting time, such that in
2023-2024, the 90th percentile waiting time can be reduced by 20%. In themeantime, we will continue to study the formulation of more reference indicators
for the waiting time of other SOPCs’ stable new case bookings to meet public
needs.
“Narrowing Upstream, Collaborating Downstream, and Diverting Midstream”
HA has in fact adopted different measures to improve the waiting time for
SOP services. For example, regarding manpower, additional resources have been
allocated for new case bookings for SOP services through the Special Honorarium
Scheme, the Special Retired and Rehire Scheme and the recruitment of part-time
doctors; and in terms of workflow, HA has also reviewed and enhanced the booking
arrangement for appointments in order to fully utilize the quotas. To further
improve the waiting time, especially for stable cases, HA set up a Task Group on
Sustainability at the end of 2019 and subsequently established the strategy of“narrowing upstream, collaborating downstream, and diverting midstream”.
“Narrowing Upstream”
This strategy, in respect of “narrowing upstream”, aims to reduce some ofthe pressure on SOPCs through referral management. The measures include theroutine monitoring of referrals to SOPCs by senior doctors in the specialties toensure that it is appropriate and truly necessary to make such referrals to otherspecialties, in the hope that cases that do not warrant referral will not be referred todifferent specialties and thereby add to their pressure. Hopefully this can reduce
unnecessary referrals between certain specialties.

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Moreover, a platform for specialist consultation has been establishedbetween family medicine and other specialties, whereby doctors in family medicine
and other specialties can discuss and exchange views on patients’ conditions.
This can help family medicine specialists manage various symptoms while building
up their capability to deal with other specialty diseases encountered at primary carelevel. In addition, HA also makes use of family medicine specialist clinics(“FMSCs”) and arranges for new patients with less serious conditions and clinicallystable patients who still need specialist support to be followed up at those FMSCs.
“Diverting Midstream”
The second aspect on “diverting midstream” aims to triage cases referred to
SOPCs to strengthen service support in different ways. For instance, themanagement of the demand and waiting list for SOP services will continue to beenhanced by referring new cases to another suitable outpatient clinic in the samecluster, so as to achieve a balanced distribution of service demand. Furthermore,
HA also constantly monitors the appointment status to ensure that the quotas canbe fully utilized.
Meanwhile, HA has also set up integrated clinics manned bymulti-disciplinary teams, such that suitable medical staff (including nurses andallied health professionals) can provide medical services for patients in due course.
By way of illustration, for the Specialty of Ear, Nose, Throat (“ENT”), HA has
already established ENT Integrated Clinics in a number of clusters, where nurses
and such other professionals as audiologists are available to provide
assistance―say, with purchasing hearing aids―and initiate treatment for elderly
people with hearing problems, so that they are able to experience improved qualityof life and receive appropriate treatment while waiting to see a doctor. At present,
the services of the integrated clinics already cover 19 types of diseases. As HA
will continue to develop such services, additional integrated clinics are expected tocome into service in the future. From October 2018 to June 2022, the number ofattendances at those integrated clinics was about 315 000.22

HA uses the number of specialist outpatient (clinical) attendances (rather than patient
headcount) as a performance indicator to measure and monitor its service throughput, as
the latter is unable to reflect in full the services delivered to patients (for example,
attendances may involve multiple specialties, service units and hospitals). Therefore, HA
does not maintain the requested data on patient headcount.

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“Collaborating Downstream”
As for “collaborating downstream”, the purpose is to make better and more
efficient arrangements for follow-up consultations for recovered or stable cases,
with a view to coordinating more SOP resources to handle more new cases. The
measures include enhancing the mechanism for case review by senior doctors aswell as management at departmental level, thereby closing certain recovered casesthat no longer require follow-up consultations at SOPCs and taking this opportunity
to allocate more quotas for new SOP cases.
On the other hand, HA will also step up its efforts to arrange for patients
whose conditions have improved and stabilized to be followed up continuously inprimary care settings, such as FMSCs or general outpatient clinics, or arrange forsuitable patients to be followed up by community healthcare services, such as
District Health Centres.
In addition, as mentioned in the original motion of Mr Edward LEUNG and
the amendments of Ir LEE Chun-keung and Dr Stephen WONG, the use of private
healthcare resources should be optimized to triage and take care of patients seeking
SOP services at public hospitals. Apart from the Public-Private Partnership(“PPP”) programmes 3 under the existing projects, HA has also introduced the“Co-care Service Model” on the basis of the General Outpatient Clinic PPP
Programme (“GOPC PPP”) to provide clinically stable SOPC patients with theoption of receiving primary care services from the private sector in the community,in the hope that more quotas for SOP services can be released to take care of newpatients in greater need. The “Co-care Service Model” has been piloted at
Internal Medicine, Orthopaedics and Traumatology, and Psychiatry SOPCs
successively since the end of 2021. As of September this year, over 1 000 SOPC
patients have accepted invitations to join the programme. HA will continue toclosely monitor the progress of this programme and review the outcome before
considering its introduction into other specialties. As mentioned in Dr WONG’s
amendment, in studying the expansion of the scope of PPP programmes to cover3

In 2021-2022, nine PPP programmes were launched by HA, namely the Cataract Surgeries
Programme, the Haemodialysis PPP Programme, the Project on Enhancing Radiological
Investigation Services through Collaboration with the Private Sector, GOPC PPP/the
Co-care Service Model, the Provision of Infirmary Service through PPP, the Colon
Assessment PPP Programme, the Glaucoma PPP Programme, the Trauma Operative
Service Collaboration Programme, and the Breast Cancer Operative Service Collaboration
Programme.

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more specialties, we have to carefully strike a balance with the risk of affecting thehealthcare manpower in the specialties of public hospitals and in turn having
implications for the balance of specialist manpower between the public and private
sectors. In considering how to make good use of PPP programmes, it is necessaryfor HA to give holistic consideration to, among other things, the suitability of the
primary care system to take on patients in relatively stable condition from thosespecialties, the manpower situations of the relevant specialties in the private sector
and the public system, as well as the actual situations of different specialties, suchas the proportions of urgent and stable cases, and the proportions of new andfollow-up cases. It is actually inappropriate to expand the scope of the
programmes to cover all specialties in a broad-brush manner.
Roles of primary healthcare and private healthcare sectors
In light of the above, to effectively implement the strategy of “narrowing
upstream, collaborating downstream, and diverting midstream”, the participationof primary healthcare and private healthcare sectors is indispensable.
As a matter of fact, the current expenditure on public hospital services
accounts for over 80% of the overall healthcare expenditure, while less than 20%
is spent on primary healthcare. With an ageing population and the shortage ofhealthcare manpower, coupled with the impact of the COVID-19 epidemic, the direconsequences of over-reliance on public hospitals over the years have become moreevident. Therefore, the Government has pledged in the Policy Address this year
to revamp the healthcare system. The aim is to shift the emphasis of thehealthcare system from its current treatment‑oriented, hospital‑based structure to aprevention‑focused, community‑based system, by investing additional resources topromote primary healthcare. In this regard, we are very much in line with
Mr Edward LEUNG’s original motion, as well as the suggestion of engaging
primary healthcare mentioned by Dr David LAM and Dr Stephen WONG in theiramendments.
Specifically, we will publish the Primary Healthcare Blueprint within thisyear. At the same time, we will establish the Primary Healthcare Authority for
coordination and governance of primary healthcare service provision across the
public and private sectors. It will also be responsible for setting standards anddevising quality assurance mechanisms. With District Health Centres as the hub
for providing community-based primary healthcare services for the people, we will
partner with the private healthcare sector to promote the concept of “family doctor

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for all” and collaborate with various healthcare professions to provide
comprehensive, sustainable and people-centric primary healthcare services in thecommunity, so as to better utilize their role as a gatekeeper or doorkeeper forsecondary healthcare. It is hoped that under a predefined two-way referral
process, the processes in the daily care of the patients in public SOPCs can berationalized, so that patients with genuine urgent needs can be referred to SOPCs
expeditiously, while less severe specialty patients with stable conditions can bereferred to the primary healthcare system for continued care, thus achieving a triage
effect.
We will continue to capitalize on the valuable experience gained incollaborating with private hospitals during the COVID-19 epidemic to further tap
into the capacity of the private healthcare sector, thereby alleviating the pressure
on the public healthcare system. We will also further transform eHealth into a
key infrastructure integrating public and private healthcare systems.
Concluding remarks
President, in response to the COVID-19 epidemic over the past period oftime, HA has adjusted its non-emergency services from time to time in order toconcentrate manpower to cope with the epidemic and take care of the most urgent
patients. This has, to a certain extent, indirectly affected the non-emergency
services for non-COVID-19 patients. As the epidemic situation becomesnormalized and gradually stabilizes, public hospitals including SOPCs haveresumed services successively. HA will, in light of the epidemic development
and the anti‑epidemic principle of achieving the greatest impact with the lowest
cost, flexibly deploy hospital manpower, with a view to minimizing the impact onpatients.
In the face of the surging demand for specialist services, the current
case-based model of specialist outpatient services is unsustainable. In the longrun, we need to think out of the box, re-establish the positioning of specialist
outpatient services for handling specialty cases that are genuinely complicated orserious, and refer a considerable number of relatively stable cases to primary
healthcare or family doctors for follow-up, so as to expeditiously and effectively
provide treatment for patients in need. To this end, the Government and HA willdefinitely continue to adopt a multi-pronged approach by following the strategy of“narrowing upstream, collaborating downstream, and diverting midstream”,
supporting primary healthcare development and optimizing the use of private

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healthcare resources, so as to actively manage and improve the waiting time for
specialist outpatient services, with a view to achieving the established targets andaddressing the public demand for such services.
I will give a further response after listening to Members’ speeches.
President, I so submit.

REVD CANON PETER DOUGLAS KOON (in Cantonese): President, first ofall, I would like to take this opportunity to thank the healthcare workers who arestill serving dutifully at public hospitals. However, the long waiting time for
specialist outpatient services in Hong Kong is an indisputable fact. As the
Secretary has just mentioned, the median waiting time is about one year. I believe
there are many reasons for the long waiting time for specialist outpatient services,
one of which is, of course, manpower shortage.
Healthcare services in Hong Kong are mainly operated by the Hospital
Authority and the private healthcare system. For market reasons, private hospitals
charge higher fees, so most people would turn to public hospitals. Figures showthat in 2020-2021, the wastage rate of doctors in public hospitals was about 4.6%,
while that of nursing staff was about 6.5%, which is a relatively high figure.
Many people conveniently attribute the wastage to the fact that doctors who haveswitched to private practice find that they can make more money. I think that not
all healthcare personnel go after money. I have asked some healthcare personnel
who have switched from public to private practice what they thought about thismotion. On the whole, several doctors said the same thing, which I am going torelay to the President and the Bureau for consideration.
I believe that people do things not only for money, but also for satisfaction.
The working environment in public hospitals may be less desirable. I believe thatthe environment, hardware and various kinds of equipment in public hospitals are
relatively old compared to those in private hospitals. Therefore, improvement inthis respect may be necessary. Also, many doctors may feel disrespected whenserving in public hospitals. As Honourable colleagues may know, patients inpublic hospitals may think that they are entitled to such services as citizens.
Patients in private hospitals have to pay out of their own pocket, so they are
relatively courteous to the healthcare personnel there. Therefore, healthcare
personnel in public hospitals may find themselves often becoming subjects ofcomplaints in such an environment and that the difficulties they face at work aresometimes not appreciated. Moreover, the working hours are too long.

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To sum up, I think the Government should figure out a way to understandthe difficulties faced by healthcare personnel in public hospitals. Specifically, asI have said, it should not attract them with salaries only. I believe that all
healthcare personnel stand willing to give themselves to their patients when joining
such sacred services.
However, the times have changed and they haveencountered many difficulties, especially the working environment, the lack ofprofessional respect and the excessively long working hours mentioned just now.
They eventually turn to the private market. Therefore, President, I hope theauthorities can make improvements in these few aspects which, I believe, will bebetter than just luring them with money for talent retention.
President, I so submit.

MS STARRY LEE (in Cantonese): President, first of all, I would like to thank
Mr Edward LEUNG for proposing the motion today, so that the Council can focus
on this very important issue and the problem that has long been troubling the public,
and draw on our collective wisdom.
To shorten the waiting time for specialist outpatient services, rightly as the
Secretary and Honourable colleagues have just said, a multi-pronged approach isindeed warranted and different ways and means should be explored. I am surethat many Honourable colleagues will give more insightful views later on in thedebate. Increasing healthcare personnel, expanding the scope of Public-Private
Partnership (“PPP”), optimizing the use of Chinese medicine and other suggestions
are expected to help shorten the waiting time for specialist outpatient services. Ivery much agree with the proposal in the Policy Address to further expand primary
healthcare. As the saying goes, “prevention is better than cure”, it will certainly
help ameliorate the current situation in the long run. That said, in the little
speaking time I have, I would like to add a few words regarding the Bureau’s
performance indicator set out in the Policy Address.
Last week, the Chief Executive presented his first Policy Address of thisterm and, as the Secretary has mentioned, put forward the Primary Healthcare
Blueprint to revamp the healthcare system under a prevention-focused and early
treatment approach, which is a step in the right direction. The Policy Address
proposes a multi-pronged approach to deal with the long waiting time for specialist
outpatient services at public hospitals, which has long come under public criticism,setting a target of reducing the waiting time of stable new case bookings for the5356

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specialty of medicine by 20% in the coming year. However, Honourable
colleagues should note that, after double-checking yesterday, I found that this is
the only indicator set by the Secretary this year. Of course, I should first give theSecretary recognition for having done so, but he has not touched on otherspecialties―I mean they have not been dealt with. I know that, prior to tackling
this issue, a lot of difficult issues have to be dealt with first. However, this is the
only indicator I can find in relation to the waiting time for specialist services.
What exactly is the concept of a “20% reduction”? Take Kowloon Central,the district I serve, as an example. This is actually one of the worst hit areas interms the waiting time for specialist services. Between July last year and the endof June this year, the longest waiting time of new stable case bookings for the
specialty of medicine was 115 weeks, i.e. about 26 months. Even if the target set
out in the Policy Address will be perfectly achieved, patients will still have to wait
21 months for their first appointment, and the waiting time in this district is not thelongest. Among the seven clusters, the most serious situation is found in the Hong
Kong West Cluster where, despite a 20% reduction in waiting time, patients of new
stable cases will still have to wait 26 months (i.e. more than two years) before they
can see a doctor. Under such circumstances, the public will indeed be worried
about “minor illnesses becoming major ones”. If the “focus on prevention andearly treatment”, as the Secretary has mentioned, are to be achieved, it seems thatthe number is not indicative of that.
Next, I will discuss the scope of the performance indicator. There is serious
population ageing in Hong Kong. And as we all know, elderly persons usually
have blurry vision and aching bones, and suffer from both diabetes andhypertension; they usually have to visit three to four specialist clinics for
consultation. Take once again Kowloon Central, a district with an ageing
population that I serve, as an example, the waiting time for ophthalmic services iseven longer than that for the specialty of medicine, and is often the highest among
all clusters in the territory. According to the latest figures, the longest waitingtime of new stable case bookings is 148 weeks, meaning consultation can only bemade after almost three years. The situation is similar to that in the previous year.
Orthopaedics is also another pain point in Kowloon Central, where patients will
wait up to 25 months. By the way, the waiting time for knee replacement surgery
is 46 months, i.e. four years, and this happens to 10% of cases. This situation isvery undesirable.

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It is, therefore, a good start that the Policy Address gives attention to thewaiting time of case bookings for the specialty of medicine and sets a target.
However, I wish to point out that if we do not adopt a multi-pronged approach andcome up with ways to tackle the existing problem of excessively long waiting time
for specialist services, we will only be under increasing pressure as population
ageing becomes more and more prominent. I would like to draw the Secretary’s
attention again to the fact that … I have not got it wrong―he has only set anindicator for the waiting time of case bookings for the specialty of medicine, butmany other specialties, such as ophthalmology and orthopaedics, also warrant the
Secretary’s attention and action to study how to shorten the waiting time and set
key performance indicators during his term. Even if just a small step is to betaken, it should let the public see the improvement, so that the “result-oriented”
governance can truly be realized.
President, I so submit.

MR HOLDEN CHOW (in Cantonese): President, I thank Mr Edward LEUNG for
moving the motion on “Shortening the waiting time for specialist outpatient
services at public hospitals” today. Hong Kong’s healthcare system has all along
been facing an imbalance between the public and private sectors, where patientstend to rely on the public healthcare system, resulting in healthcare workers in the
public healthcare system being overloaded and even constantly having to workovertime. It will not only affect the morale of healthcare workers, but alsoprecipitate the wastage of healthcare workers to the private sector, creating a
vicious cycle.
Numbers speak for themselves. According to the latest statistics on
specialist outpatient services of the Hospital Authority (“HA”), we can see that,among outpatient services of the eight specialties in various clusters, the waitingtime for ophthalmic services in the Kowloon West Cluster is the longest, being 173
weeks, i.e. three years and three months. Second to that is medical services in the
Hong Kong West Cluster, where the waiting time is over two years and a half.
The waiting time for outpatient services of other specialties is not far behind, withthe waiting time for ear, nose and throat, surgical and psychiatric services all
exceeding 100 weeks.

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There are many fundamental reasons for the excessively long waiting time
for public hospital services. Some media reports suggest that the gradually rising
proportion of patients aged 65 or above is one of the factors, which can be attributed
to population ageing. Even before the outbreak of the COVID-19 epidemic in
2019, the overall occupancy rate of medical beds often exceeded 100% and thewaiting time in the accident and emergency department was over 10 hours. The
information provided by HA on the percentage of elderly patients served showsthat 68% of medical patients, 54% of ophthalmic patients, 51% of surgical patientsand 47% of orthopaedic patients are elderly persons aged 65 or above. Hence,
one of the key factors is population ageing.
As regards elderly patients, there have been views in society that a primary
healthcare network should be set up to make use of private healthcare resources forpatients’ care, including the care of chronic diseases and post-operative care, so as
to reduce the frequency of repeated visits to public hospitals and alleviate thecaseload on them.
This year’s Policy Address has shown us some hope, as it has proposed thePrimary Healthcare Blueprint. District Health Centres (“DHCs”) will take up thecoordinating role, with a focus on the provision of primary healthcare services byfamily doctors, including the treatment of patients suffering from certain chronic
diseases by family doctors in DHCs, so as to minimize their need to wait for
specialist services at hospitals and relieve the associated pressure. We agree tothis direction and consider it the right way to go.
However, I would like to raise a question here, which I hope the Bureau willtake note of. I believe the Secretary is also aware that I had approached hiscolleagues in the hopes of identifying land sites in, say, the Northwest New
Territories for the construction of private hospitals, because there are no supporting
facilities for private hospitals in that area, such as Tuen Mun and Yuen Long. The
Government had, of course, given me a reply, stating that it was preparing to builda private hospital in the Hung Shui Kiu New Development Area and hoped that
more Public-Private Partnerships (“PPPs”) could be worked out in the future.
That said, I have looked into this issue to find out why many existing supporting
facilities for private hospitals are concentrated on Hong Kong Island and in
Kowloon.

(THE PRESIDENT’S DEPUTY, MS STARRY LEE, took the Chair)LEGISLATIVE COUNCIL ― 26 October 2022

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According to our understanding, many members of the medical profession
prefer to have a lot of supporting facilities centrally located on Hong Kong Islandand in Kowloon due to workflow requirements, such as the necessity of travellingto and from hospitals several times a day for ward rounds and consultations. Sucha practice renders it difficult to identify land sites in the New Territories for theestablishment of private hospitals and recruit adequate manpower to provide therelated supporting services in the New Territories. In my view, if greater
convenience is to be offered to members of the industry to attract them to serve inprivate hospitals in the New Territories, the authorities need to consider the
incentives to this end.
Accordingly, I wish to raise a point with the Secretary now. As there is an
opportunity to build a new private hospital in the Hung Shui Kiu New Development
Area for the provision of more PPP services in the future, I hope the authorities
will also find ways to provide more incentives to help doctors solve the problem of
having to make multiple trips to and from hospitals every day for consultation, so
as to better achieve PPP. Combined with the primary healthcare reform and the
support given by family doctors the Secretary has just mentioned, a multi-pronged
approach will then be in place to serve as a long-term solution to the problem ofexcessively long waiting time for specialist services in the public healthcare
system.
Deputy President, I so submit.

MR CHAN HOK-FUNG (in Cantonese): Thank you, Deputy President. First ofall, I thank Mr Edward LEUNG for proposing this motion today. During ourvisits to the district, many residents complained to us that the waiting time forseeing a specialist doctor “spanned years”, which does not mean a wait that spans
the new year, but a wait for “years”. The shortage of healthcare manpower inHong Kong is indeed the fundamental reason for the excessively long waiting time.
We can see that specialist doctors are much in demand across the market. If the
problem of manpower shortage of doctors is left unresolved, the general public, inparticular the grass roots and the elderly, will be the ones to suffer. Unfortunately,over the past 30 years, the total per capita private medical expenditure has increased
from $3,168 in 1992-1993 to $10,600 in 2021-2022. With more than a threefold
increase in the medical expenditure on private doctors over these 30 years, but only
a twofold increase in the salary for office supervisors during the same period, thegrass roots and the elderly were forced to continue to wait for public specialist
services, making the waiting time repeatedly hit record highs.

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It will certainly be most desirable for Hong Kong to train more specialist
doctors of its own. However, when one realizes how long it takes to nurture a
specialist doctor, one will know that the hope is slim. First of all, they are required
to receive six years of medical training in the two medical schools in Hong Kong,
followed by one year of internship at public hospitals; upon completion of theinternship, they are required to receive another six years of specialist training. In
other words, the time required is at least 13 years, and they are required to passtheir examinations and complete their training in order to obtain a specialist
qualification.
Solely relying on increasing the number of local training places is inadequate
to address the problem of manpower shortage. The Legislative Council enacted
the Medical Registration (Amendment) Ordinance 2021 last year, in the hope ofadmitting more qualified non-locally trained doctors.
Deputy President, I think you know very well how ill-fated this piece oflegislation has been, as it has been toppled due to filibustering by members of the
opposition camp. It was only after having restored order from chaos in thelegislature that the Ordinance was enacted. However, was it a smooth sailing after
the enactment of the new legislation?
I have recently come across a case which reflects the actual admission
situation of overseas doctors at present. A young person from Hong Kong went
to the United Kingdom to study medicine in the early years, and the medical school
he attended was on the list of the first batch of recognized medical qualifications
announced. This young doctor, having studied in the United Kingdom andpractising there, quitted his job in delight for application to come back to Hong
Kong upon the introduction of the new legislation. I specifically talked to his
family yesterday and learnt that the applicant was still waiting for notification fromthe Hospital Authority, not knowing how much longer he would have to wait.
Currently he is at sixes and sevens.
The applicant, who is a Hong Kong permanent resident, has graduated froma qualified overseas university with overseas practising qualifications. He is very
eager to know why he has to wait even when he has met all the above criteria. In
fact, he really wants to come back, but he can only wait. I believe this is also theconcern of many patients who are waiting for treatment at public hospitals. Manypatients have been craning their necks in the long wait just like the giraffe here.

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Deputy President, the Government announced at the end of April this year
the first batch of recognized medical qualifications. According to media reports,
as at July this year, the Hospital Authority received 30 to 40 applications for special
registration, among which 5 were eligible applications and over 10 applications
were still being processed. The processing time from application to the arrival of
non-locally trained doctors in Hong Kong is approximately 6 to 12 months, whichis excessively long. I hope that the Secretary can enhance the speed, efficiency
and quantity of admission of overseas doctors.
Assuming young doctors are lured back to Hong Kong, the next step is tofacilitate training of these doctors to obtain specialist qualifications. The former
Secretary for Food and Health mentioned in her blog last November that theauthorities would set up a new platform and invite representatives from the
Hospital Authority, the Department of Health and the Hong Kong Academy ofMedicine to discuss matters related to specialist training, including the number oftraining places for each specialty each year. Of course, in particular, we are keen
to see that this batch of non-locally trained doctors will be included.
In fact, in the past, the specialist training places were mainly intended for
graduates of the two medical schools in Hong Kong. Under the new legislation,
we hope to reserve a certain number of training places for non-local students ineach specialty, which is believed to be one of the important factors attracting themto return to Hong Kong. I hope that the Government will announce the relevant
details as soon as possible to enhance transparency.
The shortage of healthcare manpower is the main reason for the excessively
long waiting time for specialist outpatient services at public hospitals. I believe
if we enhance the speed and efficiency of admission of overseas doctors, we caneffectively tackle and alleviate the situation.
I support the original motion and the amendments today.
Deputy President.

Thank you,

MR STANLEY LI (in Cantonese): Thank you, Deputy President, I speak insupport of shortening the waiting time for specialist outpatient services at public
hospitals. To begin with, I would like to thank Mr Edward LEUNG for proposing
this motion, which has once again drawn the attention of this Council and society
to the issue of specialist outpatient services at public hospitals.

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LEGISLATIVE COUNCIL ― 26 October 2022

In his report to the 20th National People’s Congress, President XI Jinping
proposed the need to “improv[e] the people’s wellbeing and rais[e] quality of life”,
including “work[ing] hard to resolve the pressing difficulties and problems thatconcern them most”. For many people, the excessively long waiting time for
specialist outpatient services at public hospitals is one of the pressing difficulties,
and it is worsening day by day.
The Hospital Authority (“HA”) published the Waiting Time for Stable New
Case Booking at Specialist Out-patient Clinics for the period from 1 July 2021 to
30 June 2022. Take my constituency New Territories South East, which
comprises the New Territories East Cluster and the Kowloon East Cluster, as an
example. According to the figures therein, in the New Territories East Cluster,
the longest waiting time for bookings of medical cases was 131 weeks, and the
median waiting time was still 72 weeks. In the Kowloon East Cluster, the longest
waiting time for bookings of ophthalmic cases was 108 weeks. If we look at thefigures of the territory as a whole, the longest waiting time for bookings ofophthalmic cases was actually 173 weeks, i.e. more than three years, in the
Kowloon West Cluster.
People seeking public specialist consultation services have to wait for areferral to be sent from the general outpatient clinic to the specialist outpatient
clinic; this is the first hurdle which incurs a certain period of wait. The second
hurdle takes place if, after seeing a specialist, examination by equipment is requiredand hence necessitates another referral. It can be frustrating to wait for an
examination in the public sector and many people would rather pay the higher priceon their own to do the examination at a private examination centre. Here comesthe last hurdle when the report is issued. If treatment is required, more waiting
ensues. The whole process is simply more waiting after an already long wait.
Deputy President, the Policy Address recently announced sets out expressly
the aim to create a “prevention-focused, community-based” healthcare system topromote primary healthcare, including the establishment of the Primary Healthcare
Authority to coordinate and govern primary healthcare service provision across the
public and private sectors, with the aim of alleviating the pressure on the publichealthcare system and diverting it to the private sector. I am concerned about theeffectiveness of Public-Private Partnership programmes as a means to shorten thewaiting time. How many cases have been successfully diverted through these
programmes each year and what percentage of the overall waiting list do thesecases account for?

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The Policy Address also proposes to streamline referral arrangements forcross-specialty cases and amend the ordinance to facilitate access of patients toservices provided by physiotherapists and occupational therapists as and whenappropriate without a doctor’s referral. It is a good thing. But I consider it
necessary to also attach importance to how to allocate more resources to the publichealthcare system for dealing with new cases. The key is finding ways to increase
the number of doctors and examination capacity. According to the “Healthcare
Manpower Projection 2020”, there was a shortfall of 660 and 49 specialists andspecialists-to-be in HA and the Department of Health (“DH”) respectively in 2020.
The projected manpower shortage of HA and DH will reach 800 and 51 in 2030.
Notwithstanding the passage of the Medical Registration (Amendment) Bill 2021
last year to allow for the introduction of special registration doctors, theGovernment should at the same time actively invest considerable resources intraining local doctors, including increasing the number of training places.
Lastly, I think the Government should comply with President XI’s request
and find ways to shorten the waiting time for specialist outpatient services at public
hospitals as soon as possible. I implore all public officers to try to understandhow ordinary citizens feel. Even if their conditions are classified as stable cases,
there are still physical problems and discomfort, and physical discomfort naturally
gives rise to concern. If such concern can only be addressed after a three-year
wait, the sense of happiness cannot be raised.
With these remarks, Deputy President, I so submit and support the original
motion.

MR CHAN KIN-POR (in Cantonese): Thank you, Deputy President. Hong
Kong’s public healthcare system has always been known for its low cost and highquality, under which people can enjoy world-class healthcare services by paying
low medical fees. For this reason, the general public would seek public healthcare
services when they become ill. Currently, about half of the doctors in Hong Kongare in private practice, but 90% of the public seek public healthcare services fortreatment. It is therefore no wonder that the waiting time for specialist outpatient
services is unacceptably long.
In fact, the healthcare issue has been plaguing Hong Kong for years. As
the new-term Government takes office, the Chief Executive has made clear in his
Policy Address his determination to revamp the current healthcare system by

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shifting the emphasis of the healthcare system from its current treatment‑oriented,
hospital‑based structure to a prevention‑focused, community‑based system, byinvesting additional resources to promote primary healthcare. I believe that the
new Government is not afraid of hard work and is bold enough to propose a reform
to tackle the root of the problems. This fully reflects the Chief Executive’s
determination to resolve the problems.
Among other things, the Government will introduce the Chronic Disease
Co‑Care Pilot Scheme (“the Pilot Scheme”), under which District Health Centres
will first identify patients with hypertension or diabetes, and then arrange forprivate doctors to provide continuous treatment. The Government will subsidize
half of the treatment fees. Participants will no longer have to wait in line for
specialist outpatient services, which can indeed achieve the purpose of triaging
patients of public and private hospitals.
In fact, I believe that the new Government has the determination and ability
to implement the healthcare reform proposed by the Chief Executive. At present,no specific details of the Pilot Scheme are available, but there are some details thatwarrant the attention of the Health Bureau. Based on recent experiences, the Pilot
Scheme should be attractive enough to become successful. Patients are reluctant
to leave public hospitals because of the high quality of public healthcare services
and the all-inclusive services for patients until their recovery. As such, the Pilot
Scheme has to be attractive. The Government should ensure that participants of
the Pilot Scheme can stay in the public healthcare system, even if their cases arebeing followed up by private doctors. They should be allowed to return to public
hospitals for treatment when necessary, without having to wait for additional time.
By convincing participants that joining the Pilot Scheme will not exclude themfrom public healthcare, they will feel assured to do so.
In addition, the Pilot Scheme will subsidize half of the fees. In fact, many
middle-class patients under the public healthcare system do not choose private
healthcare services because they are worried that they cannot afford the highmedical expenses in the long run. Meanwhile, they are also very dissatisfied withthe long waiting time in the public healthcare system. Now that the Government
subsidizes them to seek consultation from private doctors, and they can switch backto public healthcare when necessary, this is exactly what they need. Therefore,
when the Government formulates the specific details, it can take into account thesituation of the middle class, which should be the priority target of the Pilot
Scheme. In addition, the Government has proposed to arrange for newlyLEGISLATIVE COUNCIL ― 26 October 2022

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diagnosed patients to join the Pilot Scheme. I think patients who are alreadyreceiving treatment under the public healthcare system should also be allowed tojoin the Pilot Scheme. The purpose is to allow as many middle-class people aspossible to join the Pilot Scheme, so as to reserve public healthcare places forgrass-roots patients as far as practicable.
To resolve Hong Kong’s healthcare issue, it is in fact necessary to start withthe root cause by increasing the provision of medical hardware and software. The
Government is now pushing ahead with the First Ten-year Hospital Development
Plan, under which 4 600 hospital beds will be added in the next five years. I hopethat the Government will allocate more resources to procure more medical
equipment while expanding hospitals, given that non-emergency patients often
wait for a very long time for diagnoses by computerized tomography (CTs) scanand ultrasound, which may delay their treatment. Therefore, the Government
should take this opportunity to purchase more medical equipment in order toincrease the number of places for related services. Of course, hardware must be
accompanied by adequate software. The Government must make vigorous efforts
to recruit or train various types of medical personnel, such as continuing to recruit
overseas doctors to work in Hong Kong, in order to meet the needs of thecommunity.
Thank you, Deputy President.

MS ELIZABETH QUAT (in Cantonese): Deputy President, the Democratic
Alliance for the Betterment and Progress of Hong Kong has co-organized a free
three-dimensional mammography (“3D MMG”) health screening programme witha social enterprise in June this year. The programme provides one free 3D MMG
screening to women who have been waiting for breast examination in the radiology
departments of public hospitals for at least six months. After the launch of the
programme, more than 100 people have signed up within a few weeks. Most of
the participating women have waited for two to three years. In some cases, thewaiting period started in 2021 and patients have to wait for five years before thescreening in 2026.
Deputy President, breast cancer is one of the top killers of women in Hong
Kong, and those women who have to undergo 3D MMG screening are usuallyfound to have early signs of breast cancer. However, just imagine if they have to
wait for five years. Will their breast cancer stop worsening within five years?

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Evidently, this is a very serious issue. The Project on Enhancing Radiological
Investigation Services through Collaboration with the Private Sector (“RadiCollaboration”) currently implemented by the Hospital Authority (“HA”) does notcover MMG screening. In fact, there are sufficient hardware and software support
in the community. I therefore propose that HA incorporate this screening into
Radi Collaboration to expedite MMG screening for women and shorten the waitingtime.
In addition, take hepatitis B control as an example. It is estimated that as
many as 540 000 people in Hong Kong are infected with chronic hepatitis B,
accounting for nearly 8% of the total population. If hepatitis is left to deteriorate,
there is a high chance that it will evolve into liver cancer. The initial symptomsof hepatitis B and liver cancer are not obvious. By the time liver cancer isdiagnosed, many patients are already in the advanced or terminal stages of livercancer. If we can detect the symptoms early through community screening,monitor liver condition regularly, and arrange timely and regular treatment byfamily doctors, it will not only reduce the chance of hepatitis B deteriorating into
cancer, but also alleviate the burden on specialist outpatient services.
This year’s Policy Address highlights the plan to focus on the developmentof primary healthcare. After all, we certainly need to increase the number ofhealthcare personnel on all fronts in order to shorten the waiting time for specialist
outpatient services. However, as I do not have enough time today, I will notelaborate on this. Nevertheless, the best approach is to start with prevention.
Unfortunately, as I mentioned earlier, MMG screening, osteoporosis screening, or
screening programmes for hepatitis B or diabetic nephropathy are currently notavailable at District Health Centres (“DHCs”).
Nor are these screening
programmes covered by public-private partnership programmes. Therefore, if we
can have local healthcare professionals to help people understand their healthconditions early by undergoing more screenings and examinations, it will definitely
help shorten the waiting time for specialist outpatient services. In the long run,we can also introduce more preventive measures at DHCs and more community
collaboration projects, such as various vaccination programmes. Regarding thecurrent situation, as many people have relayed to us, the Government has notupheld the concept of “prevention is better than cure”, but has delayed treatment ofpatients until their minor illnesses deteriorate into major ones. Those who cannot
wait have to pay for private doctors. Therefore, I think the Government shouldallocate more resources to screening programs for different diseases so that people
will not be forced to delay their treatment and their health is truly protected.

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Deputy President, I support Mr Edward LEUNG’s motion and all theamendments. I so submit.

MR KINGSLEY WONG (in Cantonese): Thank you, Deputy President. I firsthave to declare that I am the Chairman of the Board of the Hong Kong Federationof Trade Unions Workers’ Medical Clinics.
Local public hospitals are “bursting at the seams”. Many patients seeking
specialist outpatient services have been waiting for an opportunity to receive
treatment before their condition deteriorates or even before they pass away. Thissituation does not happen overnight. The Hospital Authority (“HA”) operates
nine Public-Private Partnership (“PPP”) programmes in 2021-2022, including theCataract Surgeries Programme, Colon Assessment PPP Programme, Breast Cancer
Operative Service Collaboration Programme and General Outpatient Clinic PPP
Programme. However, PPP programmes have failed to significantly reduce thewaiting time at public hospitals. For example, the longest waiting time of stable
new case bookings for the specialty of Ophthalmology is 148 weeks for the
Kowloon Central Cluster and even 173 weeks for the Kowloon West Cluster, while
the Hong Kong West Cluster has the longest waiting time of 142 weeks for stable
new case bookings for the specialty of Medicine.
Although the Policy Address has set the target to reduce the waiting time by
20% next year, the duration will still exceed 100 weeks, or almost two years.
According to the statistics also from HA, the waiting time for a total joint
replacement surgery at the orthopaedics department is three to seven years. I haverecently visited a number of patients recovering from knee surgery. They havetold me that the waiting time for surgery can take up to 10 years. Why is it sodifficult for patients to receive treatment in a highly developed city like HongKong?
In fact, since PPP programmes are not open for unsolicited applications,patients can only participate by HA’s invitation, while the doctors for the
programmes also have to be identified by HA. Even if patients have the need,
they may not be given the opportunity to participate in the programmes. In
addition, as some projects only provide partial subsidies and do not even accept
healthcare vouchers, coupled with the additional fees charged by some doctors fees,
patients are less inclined to participate. Besides, some doctors who hadparticipated in the programmes relayed to me that they had to “fork out” their own
money due to insufficient funding, and they had eventually quit because they could

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no longer sustain. Has the Government compiled any statistics on the number ofdoctors withdrawing from the programmes and study their reasons for doing so,
and explored ways to improve the programmes? Will the Health Bureau (“theBureau”) consider opening up the programmes for patients and doctors to apply on
their own initiative so that more people can benefit from them? In fact, while thedemographic composition of each district is different, the needs of patients also
vary from one hospital cluster to another. Does the Administration plan to
conduct a comprehensive analysis and set a timetable and key performanceindicators for the programmes in order to triage patients in a targeted manner?
In addition, the authorities should review HA’s current service procurement
model and set reasonable funding levels and approaches for PPP programmes, so
as to engage more private organizations to participate in the programmes. As
proposed in the Policy Address, from next year, District Health Centres will referpeople who are screened to be at high risk of hypertension or diabetes mellitus to
the private sector, the Government will subsidize half of the examination andtreatment fees. Will this initiative be extended to other specialties in the future?
Apart from the funding issue, the shortage of local doctors is also the main
reason for the failure of patients to receive treatment. The problems here andthere cannot be remedied simply by relying on healthcare resources alone.
Earlier, HA pledged at the Subcommittee on Promoting Development of the
Guangdong-Hong Kong-Macao Greater Bay Area that it would actively explore
the expansion of the Special Support Scheme for Chronic Disease Patients of Hong
Kong Hospital Authority through the University of Hong Kong-Shenzhen Hospital(“HKU-SZH”) to allow patients waiting at long queues to receive specialist
outpatient services and undergo surgery at HKU-SZH. While HA is conducting
the study, has the Bureau started any preparatory work so that this plan can be
implemented as soon as possible?
I hope that the SAR Government and the relevant departments can think
more positively and respond better to President XI’s advice for them to “consider
the expectations of the whole society, particularly ordinary citizens, as what itshould accomplish foremost” and “be more courageous and adopt more efficientmeasures to overcome difficulties and forge ahead”.
With these remarks, Deputy President, I support the original motion and theamendments. Thank you.

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5369

IR CHAN SIU-HUNG (in Cantonese): Thank you, Deputy President. I speak insupport of Mr Edward LEUNG’ original motion and all the amendments. The
problem of long waiting time for specialist outpatient services at public hospitals
is getting increasingly serious. A friend of mine is suffering from relatively
serious eczema, but the waiting time of new case booking for specialist outpatient
services is two and a half years. Similarly, for several other friends of mine withcardiovascular diseases, the waiting time of new case booking for specialist
outpatient services is also two years.
If we take an objective look at the official statistics from the Hospital
Authority (“HA”), as of 30 June this year, the ophthalmology department recorded
the longest waiting time of stable new case booking for specialist outpatient
services in Hong Kong in the past year, with the waiting time in an individual
hospital cluster reaching three years and six months. Meanwhile, the waiting timeat the medicine department was also two years and nine months. Given the longwaiting time, patients will not only get tired while waiting, but may even see theircondition deteriorating before they receive proper treatment.
With an ageing population in Hong Kong, public demand for healthcare
services will only increase. Since specialist outpatient services at public hospitals
are already overloaded, it is time to shift the emphasis of healthcare model fromtreatment-oriented to prevention-focused.
We need to start with primary
healthcare services, where family doctors should work together with different
medical and healthcare professionals to follow up patient cases in the community.
I am pleased to see in this year’s Policy Address the Chief Executive’s proposal forestablishing the Primary Healthcare Authority for coordination of primary
healthcare service provision across the public and private sectors. I hope that the
new Authority will properly coordinate primary healthcare services so that the
public healthcare system can focus on handling complex or serious cases, while
private healthcare system will focus on handling minor cases, thereby reducing
patients’ demand for specialist outpatient services.
With regard to the long waiting time for specialist outpatient services atpublic hospitals, I agree that expanding and optimizing the current public-private
partnership (“PPP”) programmes will help reduce the waiting time. Currently,
HA operates nine PPP programmes. Except for the General Outpatient Clinic
PPP Programme, the remaining eight PPP programmes are related to specialist
diagnosis or treatment. Given the numerous specialties, the provision of PPP
programmes on only eight specialty services is apparently insufficient. If the5370

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authorities can review and expand the number of specialties for collaboration withthe private sector, and allow suitable patients to follow up with private specialists,
I believe the pressure on specialist outpatient services can be eased. That being
said, I concur with the Secretary for Health that the priority is to give due
consideration to balance the number of specialist doctors in the public and private
sectors.
To improve the PPP programmes, I know that currently some patients who
fulfil designated clinical criteria are selected and invited by phases to join the
programmes. Meanwhile, some mobility-impaired residents who meet some of
the criteria may wish to join the programmes and have their cases followed up at
private clinics in their neighbourhood. However, they can do nothing but sighbecause they are not invited. In my opinion, if patients who are already in stableconditions come forward to join the PPP programmes, the Bureau should examine
their actual conditions and allow them to join as far as practicable. This will help
shorten patients’ waiting time.
Apart from the need to divert healthcare services, the wastage of healthcare
personnel of HA should also be addressed squarely. As the wastage of healthcare
personnel in Hong Kong continues, last year’s turnover rate of doctor was about
8.3%, and the turnover rate of nurses was about 10%. Although HA has done a
lot of work to retain staff, such as introducing the Special Retired and Rehire
Scheme, increasing promotion opportunities and launching a low-interest homeloan scheme, it seems that no significant results have been achieved. Therefore,
the authorities should also consider admitting more qualified specialist doctors andnurses to practise in Hong Kong to make up for the wastage of healthcare personnel
and avoid any impact on related healthcare services.
Deputy President, the Chief Executive has set in his Policy Address the target
to reduce the waiting time of stable new case bookings for the specialty of Medicine
by 20% in the next year (2023‑2024). In addition to the several measures
mentioned in the Policy Address, such as allocating more resources for new cases,
I hope that the Bureau would also actively consider the suggestions in the motion
and the amendments to achieve the target as soon as possible, so as to reduce thesuffering and fatigue of patients during the wait.
I so submit. Thank you, Deputy President.

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MR LEUNG MAN-KWONG (in Cantonese): Thank you, Deputy President.
First of all, I would like to thank Mr Edward LEUNG for proposing the motion on
shortening the waiting time for specialist outpatient services at public hospitals
today. I agree to the points raised by Mr Edward LEUNG and other Members
who have already made their remarks, particularly on how to optimize the use ofprivate healthcare resources to relieve the burden of the public sector. Actually,
this is also what the public would like to see.
Insofar as the waiting time for specialist services at public hospitals isconcerned, I find it necessary for the Government to enhance speed and efficiency.
We understand that government departments and the Hospital Authority (“HA”)
are facing quite a lot of the difficulties in deploying manpower resources amid theepidemic. However, the epidemic will be brought under control one day, and theGovernment should seriously consider how to balance manpower and resources bymeans of policies, so as to gradually resume and expedite the provision of various
specialist healthcare services alongside its anti-epidemic work.
Timeliness is of the utmost importance in treating diseases. Timelinessrefers to providing appropriate treatment services in a timely manner to minimize
the possible effects of disease progression. This would in turn prevent further
wastage of healthcare resources. The overly long waiting time at present has
already deprived many people of timely healthcare services, resulting in thedeterioration of their conditions while they are waiting. By the time the wait isover, the problems or conditions to be dealt with have increased and become more
complicated, whereas the suffering and repercussions to be borne by the patientsare far more serious.
HA has been planning to expand the Public-Private Partnership Programme
all along, but it has not been extended to cover all specialist services at public
hospitals. Under the newly-introduced “Co-care Service Model”, clinically stablepatients of the orthopaedics and medicine departments would be referred tofrontline doctors providing private primary healthcare services for treatment. The
authorities have also planned to expand the programme to other specialist services,
so that members of the public can seek consultation from private doctors
participating in the programme by paying a fee equivalent to the amount charged
at general outpatient clinics. I agree with the authorities’ approach of triaging
stable patients to the private healthcare sector in order to set aside public services
capacity for treating grass-roots patients who are more in need. That said, theproblem of other specialist services remains very serious. In Kowloon West, for5372

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instance, the waiting time for ophthalmology services is more than three years,
which is the longest in Hong Kong. Many elderly people are suffering from eye
problems. The overly long waiting time not only leads to the wastage ofadditional healthcare resources, but also affects the patients’ conditions. The
situation is undesirable.
Deputy President, here I would like to share a case in my community. I
once served an elderly person suffering from glaucoma. We helped him to seek
consultation from different doctors for treatment, as well as waiting for publicresources. Yet, when the wait was finally over, as a result of the prolonged delay,
the elderly person still lost his vision in the end even after receiving a surgery.
Under the “Cataract Surgeries Programme” launched in 2008, participating
patients can choose to receive cataract surgeries performed by private
ophthalmologists and receive a subsidy for the intraocular lens as well as surgery
and treatment fees, such that the patients’ waiting time can be shortened. I
suggest that the Government should provide more similar subsidized surgeries in
the private sector. The Government can provide subsidies for the critical surgicalcomponents and fees of equipment usage. For example, as the waiting time forjoint replacement surgery of the orthopaedics department at public hospitals is thelongest, can the Government offer subsidies for the femoral implants, equipment
and consultation fees before and after the surgery, thereby providing greater
incentives for the public to seek treatment at private hospitals in a timely manner?
At the same time, I also hope that the authorities will expand the “Co-care Service
Model” to cover more specialist services as early as possible, so as to shorten thewaiting time for specialist outpatient services at public hospitals throughoptimizing the use of private healthcare services in Hong Kong.
Deputy President, I hope the Government will take today’s debate in theLegislative Council seriously, and get to understand the healthcare problems facedby the public. This is because people’s health is linked to the workforce of oursociety, and it will also affect the burden of healthcare expenditure on the
Government. It may even have an impact on society, the economy and people’s
livelihood in the long run. It is necessary for the Government to adopt a
two-pronged approach of accelerating the progress of expanding public-private
partnership and strengthening primary healthcare services, so as to provide morecomprehensive healthcare services and better hospital environment for Hong Kong
people.

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With these remarks, I support Mr Edward LEUNG’s motion. Thank you,
Deputy President.

MR LAI TUNG-KWOK (in Cantonese): Deputy President, I thank Mr Edward
LEUNG for proposing this motion today. Undoubtedly, the overly long waitingtime for specialist outpatient services at public hospitals is a major problem thathas been plaguing our society for a long time. Fortunately, the Chief Executive
is also aware of this problem, such that he has set in his recently delivered Policy
Address a specific target to reduce the waiting time of stable new case bookingsfor the specialty of Medicine by 20% in the next financial year.
In order to achieve this target, the Chief Executive has proposed four
initiatives, including allocating more resources for new cases, streamlining referralarrangements for cross-specialty cases, setting up integrated clinics to provide
multi-disciplinary support, and enhancing downloading of patients in stablecondition to primary healthcare. All the four initiatives are fair and reasonable,
and I would like to focus my discussion on the fourth one, which is related toprimary healthcare.
The concept of primary healthcare is nothing new in Hong Kong. Although
it was not until last week’s Policy Address that the Chief Executive has announced
the publishing of the “Primary Healthcare Blueprint” and the establishment of the“Primary Healthcare Authority”, actually the then Working Party on Primary
Health Care appointed by the Government has already submitted a report in as early
as 1990, putting forward recommendations on how to improve the provision ofprimary healthcare services.
Unfortunately, the development of primary
healthcare has been neither fish nor fowl over the past 30-odd years. As a result,Hong Kong’s healthcare system relies more on treatment than prevention
nowadays. Therefore, public hospitals are facing extremely heavy pressure, andpeople will naturally seek treatment at public hospitals no matter what theirproblems are, sometimes without even knowing that other options are available.
Facing this problem, the Chief Executive has proposed to invest additional
resources to promote primary healthcare, which has my full support. The phrase“with District Health Centres (“DHCs”) as the hub” mentioned in the Policy
Address highlights the fact that DHCs will play a crucial role in the “Primary
Healthcare Blueprint” to be published within this year.

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I believe that many of us would agree that the previous-term Government
has set up DHCs out of very good original intentions, but it is not sure how effective
these DHCs actually are. Since the first DHC in Kwai Tsing commenced
operation in September 2019, there have been reports that the DHC does not havesufficient publicity, the number of attendances falls short of the target, users are
few and far between, etc. Many people simply know nothing about the existenceof DHCs, or people have no idea what DHCs are even if they are aware of their
existence. There is an awful joke circulating in the community that some people
visited a DHC but they could only see a few fitness equipment, so they mistook it
as a newly opened fitness centre.
Of course, when we look at the Government’s figures which are open to the
public, to be fair, it seems that the DHC’s user count has shown quite a sharp
increase in its second year of operation. Regarding DHCs other than the one in
Kwai Tsing District, no further data are available since they have just commenced
operation not long ago. Nevertheless, I hope they will soon be widely known andused by the public. Meanwhile, the research team of The Chinese University ofHong Kong will submit a report on “Monitoring and Evaluation Study of Kwai
Tsing District Health Centre” in the first quarter of 2023. We hope that theAdministration will make public the report as early as possible, so that this Council
and the general public can examine together how to improve the operation
standards of DHCs and make recommendations.
Anyway, the concept of primary healthcare and the role of DHCs definitely
deserve our strong support. The Administration should endeavour to promote
them to the public. For instance, it will be the most desirable if the District
Services and Community Care Teams (“Care Teams”) to be set up in the future canreach out to serve the people. At that time, please ask them to do some promotion
and invite members of the public to use these DHCs.
Deputy President, please allow me to show off my little knowledge in frontof so many Honourable colleagues in this Council who are doctors. Let me usean analogy to illustrate my point. The extremely long waiting time for specialist
outpatient services at public hospitals is merely a symptom, but what is the root
cause of the disease? It is our overemphasis on public hospitals and treatment,
and underemphasis on the community and prevention over the years. I sincerely
hope that the current-term Government will achieve success in promoting primary
healthcare, so as to reverse the situation where the public hospital system bearing
disproportionate pressure.
I so submit.

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5375

MR CHAU SIU-CHUNG (in Cantonese): Thank you, Deputy President. Whenit comes to specialist outpatient services at public hospitals, I believe that the word
“wait” would appear in many people’s mind. At present, the waiting time forstable new case booking may range from as short as a few months to as long as
several years. I agree to the point raised by Mr Edward LEUNG in his motion
and several other Members in their amendments that a multi-pronged approachshould be adopted in order to shorten the waiting time for specialist outpatient
services. These include substantially increasing public healthcare resources,
optimizing the use of private healthcare resources for triaging purposes, as well as
vigorously developing the primary healthcare system. Among them, the role ofprimary healthcare can be said to be pivotal.
I am glad to see that the recently delivered Policy Address has proposed the
publishing of the Primary Healthcare Blueprint and other related supporting
measures. I believe that the primary healthcare system in Hong Kong will makesignificant development and overall improvement. Having said that, I believe it
is equally important to see how we can optimize and improve our existing public
and primary healthcare services in the meantime.
Take District Health Centres (“DHCs”) as an example. Their low
utilization rate has long been a subject of criticism, with some DHCs having
recorded a utilization rate of only 50% in the first year. There are views that the
publicity efforts on DHCs have been inadequate, thereby leading to DHCs’
persistently low utilization rate. At present, DHCs promote their services bymeans of mobile publicity vans, organizing activities on health day, assisting in the
production of radio and television programmes, etc. While these measures canraise public awareness of DHCs, no obvious effect has been seen so far.
In fact, people have been accustomed to obtaining the latest information
through social media and watching online channels nowadays. The Government
may consider strengthening its online publicity efforts to enhance the coverage of
publicity work, so as to enable the public to understand the role of primary
healthcare and its importance in the healthcare system, the relevant support andservices offered by DHCs, and how primary healthcare can help them carry out
proper health management.
Deputy President, the development of primary healthcare brooks no delay.
I hope the authorities will accelerate the development of primary healthcare to
alleviate the pressure on the public healthcare system. This will enable the people

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in need to receive appropriate treatment as early as possible, thereby duly
safeguarding the public’s health and well-being.
In addition, I hope the Government will urge the Hospital Authority to makegood use of its existing resources and improve the specialist outpatient services ina people-oriented manner. Deputy President, please allow me to recount anunpleasant experience here. Last month, I went to seek consultation from a
specialist outpatient clinic at a hospital in the Kowloon cluster. I spent four hours
in the waiting area, during which the area was full of people waiting for
consultation, many of whom were elderly people. Not to mention the fact thatthey could not find a place to sit down and rest, they were repeatedly driven awayby the staff even while they were standing. The most unacceptable part is that thequeuing order was not shown in the waiting area, nor were enquiries accepted. As
a result, the people waiting for consultation could only look at the screen and wait
desperately. They did not dare to leave the waiting area even if they were sohungry and felt dizzy after meal time had passed. Deputy President, how can suchservice satisfy the public nowadays? I believe it is not difficult to provide moreseats and show the queuing order, but the question lies in whether those in power
and the management are willing to do so.
Deputy President, I so submit.

MR LAM CHUN-SING (in Cantonese): Deputy President, I thank Mr Edward
LEUNG for proposing this motion, thereby giving us the opportunity to discuss theoverly long waiting time for specialist outpatient services at public hospitals, which
is a “long-standing, big and difficult” livelihood problem. According to theinformation of the Hospital Authority (“HA”), the median waiting time for“Urgent” and “Semi-urgent” new cases of various specialist outpatient services canlargely be maintained within two weeks and eight weeks respectively, which does
not pose a big problem. However, the general public is most dissatisfied with theextremely long waiting time for “Stable” new cases. For some specialist services
such as medicine and ophthalmology, the longest waiting time is more than two
years, which is really unacceptable.
I agree with Mr Edward LEUNG’s suggestion that the Government should
explore more actively expanding the scope of medical Public-Private Partnershipprogrammes, so as to address the pressing needs at present by using private
healthcare resources to triage and take care of patients seeking specialist outpatientLEGISLATIVE COUNCIL ― 26 October 2022

5377

services at public hospitals. There are many ways to achieve this, and I will focus
on the healthcare resources of Chinese medicine in an attempt to relieve thepressure on specialist outpatient clinics (“SOPCs”) through strengthening thecollaboration of Chinese and Western medicines.
According to HA’s information, about 70% of the patients are “Stable” newcases. Their clinical conditions are relatively stable and mild. For example,
they seek consultation from the medicine department because of high bloodpressure or high blood sugar, functional gastrointestinal disorders and migraine, orthey seek consultation from the orthopaedics department for osteoporosis, etc.
This type of patients would have to wait for a very long time. Although theclinical conditions of this type of patients may be relatively mild, the pain or
symptoms suffered by them can affect their quality of life. Can the Government
consider subsidizing specialized Chinese medicine services for patients withspecific minor clinical conditions while they are waiting for specialist services, so
as to provide an alternative for relieving their symptoms and providing treatment?
On the one hand, the patients can continue to receive treatment while waiting forspecialist services, and in particular, Chinese medicine is particularly good attreating pain and chronic diseases. On the other hand, if the patients haverecovered after receiving Chinese medicine treatment, they will no longer need toseek consultation at SOPCs. This will naturally reduce the pressure on SOPCs.
In addition, among SOPCs’ service attendance of about 7.5 million eachyear, new cases actually account for a relatively small proportion, whereas most of
the cases are patients requiring follow-up. Can the Government study the
expansion of the “Co-care Service Model” under the Public-Private Partnership
Programme and consider introducing a version featuring the collaboration ofChinese and Western medicines, under which some SOPC patients with stableclinical conditions will be invited to attend follow-up consultation and receive
follow-up treatment at subsidized Chinese medicine general or specialist outpatient
clinics in the community? On the one hand, patients would not need to travel along distance to and from the hospital. On the other hand, it is hoped that service
capacity can be unleashed to expedite the treatment of more patients of new cases
through triaging some of the patients requiring follow-up.
Of course, practical issues such as the criteria for determining which
specialties are suitable for referral to the Chinese medicine system for follow-up
will require ongoing communication and discussion between Chinese and Western
medicine practitioners. But in the first place, the Government should actively

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study fully incorporating Chinese medicine into the public healthcare system,
thereby making good use of Chinese medicine resources and system to relieve thedifficulties and pressure currently faced by Western medicine practitioners. The
most desirable way is to offer more effective treatment options to patients throughoptimizing the integration of Chinese and Western medicines.
The Policy Address has stated that the waiting time for SOPCs will be
shortened through, for instance, downloading of patients in stable condition toprimary healthcare as well as enhancing the Chinese medicine services at District
Health Centres. It is hoped that making good use of Chinese medicine services
will help achieve this target.
Deputy President, I so submit.

MR VINCENT CHENG (in Cantonese): Thank you, Deputy President. Deputy
President, first of all, I would like to thank Mr Edward LEUNG for moving the
motion on “Shortening the waiting time for specialist outpatient services at public
hospitals”, which includes expanding the scope of medical Public-Private
Partnership (“PPP”) programmes to cover more specialty diseases and setting
targets on the median waiting time of stable new case booking for specialist
outpatient services at public hospitals. I support Mr Edward LEUNG’s motion as
all proposals set out therein are conducive to reducing the waiting time, so that
more patients can receive appropriate treatment before their conditions deteriorate.
I also support the amendments proposed by other Members.
Deputy President, the waiting time for members of the public to receive
specialist services at public hospitals has always been a great cause of concern tous. Like many other districts, the situation in Kowloon West Constituency which
I serve has left much to be desired, with the waiting time for specialist services
being the longest in Hong Kong. According to the latest reference waiting time
released by the Hospital Authority, the longest waiting time for new case booking
at eye specialist outpatient clinics is 173 weeks, that is, three years and four months,
which is really a long wait.
In comparison to the figures released last year, which showed that thewaiting time for new case booking at eye specialist outpatient clinics in Kowloon
West is more than two years, it is now more than three years. Will it become morethan four years next year, just like the waiting time for allocation of public rental
housing units? This reflects a severe shortage of places in specialist outpatientLEGISLATIVE COUNCIL ― 26 October 2022

5379

clinics at public hospitals, which has resulted in a longer waiting time. The pity
is that a group of elderly people and the grass roots are unable to seek medical
treatment immediately when they are ill, but have to wait silently for months on
end and years on end. After seeing a doctor, they may have to make anotherappointment and wait again before they can undergo surgery. Finally, patients
initially with minor illnesses may become seriously ill.
Furthermore, the shortage of healthcare manpower is also one of the major
causes of the long waiting time for specialist outpatient services. According tostatistics, Hong Kong had roughly two registered doctors per 1 000 population in
2020, however, even this ratio of two registered doctors is not met in Kowloon
West where there are only 0.8 doctors, or less than one, per 1 000 population.
Kowloon East is also in dire situation, with only 0.7 doctors per 1 000 population.
One reason for the prolonged shortage of healthcare manpower in Hong Kong is
the imbalance and uneven distribution of healthcare personnel in public and private
healthcare networks. Currently, Hong Kong has about 15 000 registered doctors,of whom 40% work in public hospitals but are responsible for taking care of nearly
90% of the patients in the territory. This point is very clear to all of us and has
been mentioned repeatedly.
It is conceivable that as public hospital doctors are under so much pressure
relative to their peers in the private healthcare sector, a large number of doctors inpublic hospitals are switching to private hospitals, which exacerbates the
manpower shortage in public hospitals. It is high time for us to take further action
on this issue to give the public hope. Therefore, we have the following
suggestions:
The first is the expansion of hospitals. What will happen to the residentsof Kowloon West after the specialist outpatient service of Queen Elizabeth Hospitalare moved out in 2025? Ms Starry LEE and I have mentioned that the Kowloon
Central Cluster will also face problems at the same time. Can the Kai Tak
Hospital cope with the needs of a large number of residents in Kowloon Central?
Kowloon West’s overall population keeps growing, and despite the expansion of
Kwong Wah Hospital and Caritas Medical Centre, it is still insufficient to meet thedemands of the residents of Yau Tsim Mong and Sham Shui Po District.
Therefore, I suggest that after the redevelopment of Queen Elizabeth Hospital, theauthorities should provide more specialist services to improve, for example, theOphthalmology and Medicine specialist outpatient services in Kowloon West,which now have the longest waiting time, and retain the services of the accident
and emergency departments.

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The second is the expansion of the scope of medical PPP programmes as
Mr Edward LEUNG mentioned. The Cataract Surgeries Programme andGlaucoma Public-Private Partnership Programme were launched in 2008 and June
2019, respectively. Although the two programmes have been launched for many
years, the waiting time for new ophthalmic cases has yet to be improved. As I
mentioned earlier, the waiting time for stable new case booking at eye specialist
outpatient clinics in Kowloon West is more than three years, which reflects thatthese programmes have failed to yield satisfactory results.
I believe it is necessary for the authorities to conduct a comprehensive
review of the medical PPP programme and release the public participation rate ina timely manner, so that we can assess its effectiveness. Moreover, the authorities
should organize appropriate publicity activities to encourage more doctors to invite
their patients to join the programme, and at the same time, expand the actual service
capacity for the participation of patients in need.
Thirdly, I suggest that the authorities should broaden the scope of partnershipto cover dental services, so that the medical needs of dental patients at public
hospitals can be taken care of through the Government’s procurement of private
dental services. I am sure that Ms CHAN Hoi-yan will certainly mention dental
services.
The fourth is the promotion of primary healthcare. Many members of the
public do not know what primary healthcare is and what services it can provide.
Primary healthcare includes health promotion, disease screening, chronic disease
management and so on. I suggest that the authorities should promote the conceptof primary healthcare so that more members of the public will know how they canbenefit from “focusing on prevention and early treatment”.
Deputy President, as regards the key performance indicator (“KPI”)
proposed in the Policy Address on reducing the waiting time for the outpatient
services of the specialty of Medicine, I think it is far from enough. I hope that
under the leadership of the new Government, we can solve this long-standing,grave and thorny problem in a gradual and progressive manner.
With these remarks, I support the original motion and the amendments.

LEGISLATIVE COUNCIL ― 26 October 2022

5381

DR TIK CHI-YUEN (in Cantonese): Deputy President, there was once a proud
saying in Hong Kong that “Hong Kong people will not be denied medical treatment
due to lack of money.” However, today, we can see that in respect of specialist
services, rich people can quickly receive treatment from doctors in the private
healthcare sector, while those who do not have the money must wait for the
specialist outpatient services at public hospitals.
I have at hand a “report card” on the waiting time for specialist outpatient
services to which several Members have already referred. At first glance, thewaiting time listed in this “report card” for each district is as long as 60 weeks, 70
weeks, 80 weeks, 100 weeks or even 173 weeks. This “report card” would be acomplete fail in the eyes of a teacher. In this day and age, the quality of our
medical services is regressing. Before the grass roots can really see a doctor, theymust wait 100 weeks. In this way, can their diseases be cured?
Of course, service improvement is related to financing, but where do theresources come from? I remember that when I was a Member of the former
Legislative Council 30 years ago, the then incumbent Members had repeatedly
debated on the issue of healthcare financing, including implementing a universal
healthcare protection regime. Regrettably, the Government has done very little
on this issue in the past 30 years. The Voluntary Health Insurance Scheme has
indeed been implemented, but not many people have used this service and it is notvery attractive. Some people who suffer from chronic diseases even do not havea chance to take out voluntary health insurance. At this time, if we want to havea decent financing plan, should we not re-examine whether the existing Voluntary
Health Insurance Scheme can take proper care of all the people and draw theparticipation of the vast majority of Hong Kong people? Moreover, we mighteven need to go one step further and reinitiate the discussion on universal
retirement protection system, so that the public can have a more reasonable healthprotection system through contributions from all parties. Where does the money
come from? Healthcare financing is a major issue that needs to be addressed
without delay.
Deputy President, I have a case involving an elderly woman with a healthcondition. The doctor referred her to three specialist outpatient clinics, including
Gastroenterology, Gynaecology and Orthopaedics & Traumatology, but is thisreally helpful to her? Can her problems really be solved in a targeted manner after
she has gone through so much trouble and rushed from one place to another? Is
there anything that could be done to improve the current procedure of referring
patients to specialists?

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Very often, after identifying symptoms, private doctors or doctors at general
outpatient clinics will refer their patients to specialists, and then consider their job
done. However, no one has ever given thoughts to whether the patients canreceive the best medical care during the long waiting period after the referrals.
Therefore, is it worthwhile for us to consider setting up a screening mechanism forthe referral of patients from general outpatient clinics or family doctors tospecialists, so that the doctors concerned will not think that referral means“completion of treatment” even if the patients have to wait 100 weeks after thereferrals? Can we consider designating a most appropriate department under thisscreening mechanism for making referrals or setting priorities? In fact, a similar
screening mechanism was implemented by the Hospital Authority for orthopaedic
patients in 2015. Can the authorities extend this screening mechanism to otherspecialist outpatient services, so that the referral process will have to follow amechanism to facilitate more suitable and speedy arrangements?
Deputy President, manpower is another issue. Given the shrinking
workforce in the public healthcare system, what can we do to enhance healthcare
manpower? There are three aspects. Firstly, it is the retention of manpower;
secondly, it is the training of manpower; and thirdly, it is the importation of
manpower. As regards the retention of manpower, we all know the poor working
environment and excessively long working hours of doctors at public hospitals. Is
there any room for improvement in this respect? The second is nurturing talents.
I believe universities should be able to enhance manpower training. As regards
the importation of manpower, we used to have a less restrictive threshold underwhich doctors from Commonwealth countries are allowed to practise in HongKong. Can we keep an open mind? Because as regards the second aspect, there
are also many well-qualified doctors in the Mainland, and we welcome them toserve in Hong Kong.
I rise to speak in support of the original motion and all the amendments.
Thank you, Deputy President.

MS CHAN HOI-YAN (in Cantonese): Thank you, Deputy President. I speak insupport of the original motion on “Shortening the waiting time for specialist
outpatient services at public hospitals” and the relevant amendments.
As a matter of fact, public hospital services are brought to the verge ofcollapse in the event of extraordinary circumstances, such as the winter influenza
surge or a sudden outbreak of a communicable disease. An apt example is theLEGISLATIVE COUNCIL ― 26 October 2022

5383

fifth wave of the COVID-19 epidemic in February this year. I am sure the images
back then are still vivid and saddening, and we also truly understand and see what
would happen when healthcare services collapse. Therefore, over the years I havesteadfastly laid emphasis on the importance of primary healthcare. Only by
preventing and minimizing the exacerbation of conditions of patients in various
specialties, providing better patient triage and care in the community, and relieving
the burden on the public healthcare system can we expect to avoid a collapse ofhealthcare services when population ageing further aggravates.
The views of members of the medical sector and I have been taken on board
in the Policy Address. The Primary Healthcare Authority will be established tocoordinate the provision of primary healthcare services in Hong Kong, which I
consider definitely a good start. In my view, it is necessary to link one of the key
performance indicators of the Primary Healthcare Authority to the waiting time forpublic healthcare services.
The Policy Address just released sets a target of a 20% reduction in thewaiting time of stable new case bookings for the specialty of Medicine, which isalso a good start. However, as regards other specialist services with long queues,
such as surgery, ophthalmology and orthopaedics, of which there were over
100 000 new cases last year, is there any chance of shortening the waiting time andhow can it be shortened?
In fact, although the Hospital Authority (“HA”) has set a target for theoverall waiting time for new specialist case bookings, it only covers the categories
of Priorities 1 and 2, namely urgent new cases. No service target has been set for
the waiting time for stable new case bookings. With only 5 lids for 10 pots, thequeue of stable new specialist cases in some clusters is stretching longer and longer.
Some patients even have to wait for two years for a follow-up consultation. As aresult, changes in their conditions cannot be detected in time during the interim
period. It is possible that their conditions continue to exacerbate and treatment isdelayed.
After setting the target of reducing the waiting time of stable new casebookings by 20%, the Primary Healthcare Authority will have a basis for adjusting
the work priorities of various District Health Centres (“DHCs”), and supplementing
the capacity of underperforming clusters with that of the corresponding DHCs.
Through using others’ strength to compensating one’s inadequacy, a synergy canbe achieved among various units in the whole healthcare system.

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At the mention of DHCs sharing the pressure of specialist outpatient
services, some people may question how we can have so many healthcare workers
and point out that there would not be such a situation had there been adequate
manpower to serve public hospitals. These comments are not entirely wrong, butthey are not entirely correct neither.
According to the Healthcare Manpower Projection 2020 published byGovernment, there will indeed be a manpower shortage of doctors and nursing
professions in the next 20 years. But the projection also indicates an adequate
supply of Chinese medicine practitioners, pharmacists, occupational therapists andother healthcare professions.
As a matter of fact, the long waiting time for specialist services at public
hospitals is a result of problems in the healthcare service delivery model as a whole.
Therefore, we have been urging the Government to start from the service delivery
model and contemplate how to make better use of healthcare professions other thandoctors and nurses, so as to provide more comprehensive primary healthcare
services to better manage chronic disease, triage patients and promote publichealth, thereby alleviating the pressure on secondary and tertiary healthcare
services, i.e. specialist, surgical and emergency services at hospitals.
On making good use of manpower, the Chinese medicine profession is agood example. Many elderly persons in Hong Kong, as a Chinese community,
have confidence in Chinese medicine treatment, but Chinese medicine outpatient
services have not been properly developed. Even though HA launched theintegrated Chinese-Western medicine programmes many years ago, there are now
only eight hospitals providing relevant services, which only focus on pain, stroke
and cancer palliative care.
Indeed, DHCs are the very platform that can be utilized in the community
for the Chinese medicine profession to give full play to its functions of preventive
care and health maintenance and strengthening the body, as there are still over 80%
of registered Chinese medicine practitioners serving the private sector. Finding
ways to make the best use of these professionals to help relieve the pressure on
public healthcare services will be the most important task for the Primary
Healthcare Authority in the future.
In closing, I would like to highlight the fact that primary healthcare is verymuch related to Public-Private Partnerships. Another issue that I have been
concerned about is public dental service, and I am sure Honourable colleagues

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5385

know that there is still room for improvement. With an ageing population,
people’s demand for dental services will further increase. Have the authorities
considered the possibility to further expand Public-Private Partnerships of dental
services? I believe it is possible. I really do not want to see so many elderly
persons queuing up day and night, only to be provided with emergency tooth
extraction services in the end. I hope we can all pay attention to this issue.
I so submit.

DR DENNIS LAM (in Cantonese): Thank you, Deputy President. Secretary,
good afternoon. First off, I would like to declare that my company provides
private healthcare services in Hong Kong and the Mainland.
There are three major healthcare systems in the world: the first one is theprivate sector-led model; the second, the public sector-led model and the third, thepublic-private sector partnership model. Each of these three systems has its own
merits and drawbacks, and none of them is perfect nor the best. The United States
is a representative of the private sector-led model, offering high quality but also
charging high fees. Healthcare expenditure accounts for a relatively large shareof its Gross Domestic Product (“GDP”), over 16%. The United Kingdom is a
representative of the public sector-led model, charging low fees but requiring longwaiting time, with its healthcare expenditure taking up a fairly significant share,over 10%, of its GDP. Singapore is the best representative of the public-private
sector partnership model, offering high quality services at fees ranging from highto low depending on whether the patient chooses public or private services, and its
healthcare expenditure accounts for a relatively small share of its GDP, which isless than 6%.

(THE PRESIDENT resumed the Chair)Hong Kong also adopts a two-pronged approach which places emphasis on
both the public and private sectors. The system has the following five main
advantages. Firstly, it triages patients and reduces patient overload in the publichealthcare system. Secondly, it reduces government expenditure as only publichealthcare services are subsidized. Thirdly, patients can choose between public
and private services according to their own circumstances. Fourthly, doctors can

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also choose the most suitable platform to give full play to their expertise anddevelop personal career. Fifthly, in addition to complementing each other, thepublic and private sectors can also learn from each other and compete with eachother, which can boost the dynamics of the whole healthcare system and help raise
professional competence and service standards.
I support Mr Edward LEUNG’s original motion and agree that the waitingtime for specialist outpatient services at public hospitals should be shortened.
However, it is expected that once the queue is shortened, definitely there will be
new patients joining the queue, causing it to lengthen again. I suggest that theGovernment consider an alternative strategy to provide patients with the following
three options. Firstly, patients with limited means who have the greatest need for
public hospital services should be allowed to remain in public hospitals.
Secondly, financially able patients who mind waiting too long are encouraged toconsider using private services but, of course, they can certainly remain in the
public hospital system. Thirdly, a system of copayment is to be created between
the aforementioned two options.
The concept of copayment is to provide an additional option for patients who
have been waiting for a quite some time in the specialist outpatient queue at public
hospitals to seek treatment from private doctors on a copayment basis. The
Government will provide partial subsidies, private doctors will have to lower theirfees, and patients will also have to pay part of the fees themselves; eventually astandard fee between the levels of the public and private sectors would be set.
Private doctors participating in this system are also subject to quality monitoringby the Hospital Authority to ensure the quality of healthcare. This system willachieve triage to reduce the burden on public hospitals and at the same time provide
an additional option for those with greater financial ability to receive early
treatment.
On a related note, I support the proposal in Dr Stephen WONG’s amendment
to implement strategic purchasing to achieve the triage effect. With increasing
integration between the two places, more and more people are living and spending
their retirement in the Mainland, especially the Greater Bay Area (“GBA”).
Therefore, when purchasing services, in addition to local healthcare services inHong Kong, consideration can also be given to healthcare service providers in GBA
for the convenience of Hong Kong people living there, so that they need not makethe long journey back to Hong Kong to seek medical treatment.

LEGISLATIVE COUNCIL ― 26 October 2022

5387

I believe that making good use of private healthcare resources to triage
specialist patients from public hospitals will not only alleviate the pressure on
public hospitals, but also promote cooperation and healthy competition between
the public and private sectors, thereby improving service standards and benefiting
the public.
With these remarks, President, I support the original motion and various
amendments.

PRESIDENT (in Cantonese): Members, I think it is unlikely that this Council will
be able to complete this motion debate today. I will suspend the meeting at around
6:30 pm. The meeting will resume tomorrow.
Mrs Regina IP, please speak.

MRS REGINA IP (in Cantonese): Thank you, President. First, I speak to thank
Mr Edward LEUNG for moving the motion on “Shortening the waiting time for
specialist outpatient services at public hospitals”. I support his motion and theamendments of Dr David LAM and Ir LEE Chun-keung.
.
I would also like to take this opportunity to express my gratitude and respect
to the healthcare personnel in the public and private sectors for their dedication andhard work in the fight against the epidemic in the past few years. Whilecommenting on the excessively long waiting time for many specialist outpatient
services in his speech, Mr Edward LEUNG has cited the specialty ofOphthalmology as an example. Meanwhile, Prof LO Chung-mau has mentioned
the specialty of Medicine. Furthermore, I know that Psychiatry is anotherspecialty for which the waiting time is very long. I have told Prof Sophia CHAN
about a member of my party who used to work under HA as a doctor. He resigned
not because of money, but because of excessive workload. He has told me thaton one occasion before a public holiday, probably Christmas, he had to provide
consultation services to 50 psychiatric patients in one morning, and the patients had
to wait for six months for a follow-up consultation. He found it difficult to serve
the public well in this way, so he opted to leave HA in the end.
The resources we have allocated to HA have been increasing, from
$64.7 billion in 2018-2019 to $92.1 billion in 2022-2023, representing an increaseof 42%. Of course, this is also attributed to the need to fight the epidemic.

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However, I think that resource allocation is not the only way to improve services.
I have been told by many doctors in public hospitals that resources have apparently
been thrown into a bottomless pit. The reason is that the better services they
provide, the more people will use their services. This will result in an even greater
imbalance between the public and private healthcare services. As Dr Dennis
LAM pointed out earlier, our system is somewhat like the National Health Service
in the United Kingdom, under which the fees are very low. In other words, thebetter the services, the more people will use the services. No matter how muchresources are poured in, it is still not enough. As such, it is necessary to improve
management and utilize the resources of the private sector.
I therefore strongly support the Government in strengthening primary
healthcare. The previous-term Secretary has already set up many District HealthCentres (“DHCs”). However, some people have still dismissed DHCs as
ineffective because they have failed to link up community services and utilize theservices of family doctors. I am therefore glad to hear Prof LO’s proposal to set
up the Primary Healthcare Authority (“the Authority”). I hope that Prof LO will
explain in his speech later what model will the Authority be based on and whether
a number of posts will be created―he might have already explained this at therelevant Panel where I was not present.
Secondly, I am also glad to learn that the Government will launch theChronic Disease Co-Care Pilot Scheme, which I believe will ease the congestion at
HA hospitals and shorten the waiting time for specialist outpatient services.
However, I hope the Government will consider how to make better use of family
doctors’ services. In fact, many family doctors in the community have told us thatthey have been serving the residents for a long time and they know their patients’conditions very well. In many cases, they think that immediate referral tospecialist doctors is not necessary. If family doctors are given a longer period oftime to treat their patients, it will shorten the waiting time for specialist outpatient
services. Therefore, I would be eager to learn how the Authority will improveprimary healthcare services in the future. Instead of simply holding seminars at
DHCs or measuring blood pressure for people, I hope that the Authority will makemore use of the private sector, meaning the services of family doctors in private
practice.
Of course, we often hear from doctors that the congestion at HA hospitals is
attributed to the larger number of elderly and chronically ill patients. With proper
medical-social collaboration, the congestion at hospitals can be alleviated, thereby

LEGISLATIVE COUNCIL ― 26 October 2022

5389

truly facilitating the provision of specialist outpatient services to the people whoare most in need. I look forward to hearing Prof LO’s response on how to enhance
the use of resources of private organizations to shorten the waiting time for
specialist outpatient services at public hospitals. President, I so submit.

MR STANLEY NG (in Cantonese): President, I speak in support of the original
motion and all the amendments. The problem of excessively long waiting time atpublic hospitals has persisted for a long time. According to the Waiting Time for
New Case Booking for Specialist Outpatient Services newly released by the
Hospital Authority (“HA”), except for the specialty of Paediatrics of which thegeneral waiting time for new case booking is over 10 weeks, the waiting time forother specialist outpatient services is as long as more than 100 weeks, which isextremely undesirable.
Currently, HA’s targets are to maintain the median waiting time of Urgent
and Semi-urgent cases within two weeks and eight weeks respectively, while notargets have been set for stable new cases. If stable new cases can be treated in atimely manner and delays are minimized, deterioration of patients’ condition can
be avoided. If patients have to wait for an excessively long period, their condition
will turn from stable to severe. Not only will patients suffer unnecessary pain,
their treatment will be less effective, and the fees and costs of treatment will also
be drastically increased.
The Policy Address has mentioned the revamp of the healthcare system withthe aim to shift the emphasis of the healthcare system from its current
treatment-oriented, hospital-based structure to a prevention-focused,community-based system. The Policy Address has also proposed to publish thePrimary Healthcare Blueprint, partner with the private healthcare sector to promote
the concept of “family doctor for all” and establish the Primary Healthcare
Authority. I find all these measures appropriate.
As the Chinese saying goes, “the superior doctor prevents sickness; themediocre doctor attends to impending sickness; the inferior doctor treats actual
sickness”. It is also necessary to consider how to accord priority to prevention in
specialty treatment by providing early screening. The risk of deterioration ofminor illnesses can be reduced through appropriate daily health management.
The Government needs to establish a comprehensive system to facilitate theimplementation of community healthcare and strengthen collaboration with private

LEGISLATIVE COUNCIL ― 26 October 2022

5390

healthcare organizations to reinforce the primary healthcare prevention system andto provide appropriate medical care for patients of stable new cases, rather than
waiting until their condition deteriorates to provide treatment hastily. I believethat the Government should set targets for both the prevention system and thewaiting time for stable new case booking to ensure that the healthcare system cantake care of all aspects of the public’s health, so that every citizen can lead aphysically and mentally healthy life.
I so submit.

MS LAM SO-WAI (in Cantonese): Thank you, President. I thank Mr Edward
LEUNG for moving the motion and the other three Members for their amendments.
The overly long waiting time for specialist outpatient services at public
hospitals has all along been a subject of criticism. Except for Gynaecology andPaediatrics, the waiting time of stable new cases for other specialist outpatient
services can be as long as one year or even several years. It has left the public inmisery and overloaded the public healthcare system as well. According to thedata provided by the Health Bureau, there were merely two doctors per 1 000
population in Hong Kong in 2020, lagging far behind the figures in other advanced
economies, including Singapore and Japan (2.5 doctors) and member countries of
the Organisation for Economic Co-operation and Development (3.5 doctors on
average). According to the statistics of the Government, there was a shortfall ofat least 660 specialists and specialists-to-be in 2020. Coupled with the rapid
ageing of Hong Kong’s population, it is expected that the elderly population willaccount for 30% of Hong Kong’s population by 2031, and the demand for
healthcare services will increase significantly. Moreover, there is a huge
imbalance in the ratio of specialists serving in the public and private sectors.
While 45% of the specialists in Hong Kong are serving in public hospitals, taking
care of almost 90% of the inpatients, 55% of the specialists are engaged in private
practice, serving only 10% of the patients.
In fact, the workload and work pressure in public hospitals are excessively
heavy. Some doctors in public hospitals have told me that they give consultation
as if they are working in an assembly line. While the patients are suffering,
doctors sometimes feel the pain as well. This has caused an increasing number ofdoctors in public hospitals to switch to work in the private sector. On the one
hand, the public healthcare system is facing manpower shortage and a high staff

LEGISLATIVE COUNCIL ― 26 October 2022

5391

turnover. On the other hand, with problems such as uneven distribution ofhealthcare resources, the waiting time for specialist outpatient services varies
significantly among different districts and clusters. For instance, the waiting timeof stable new cases for psychiatric outpatient services in Kowloon East is as longas 97 weeks, whereas the waiting time is only 47 weeks in Kowloon Central.
In recent years, the Government has implemented quite a number ofmeasures to shorten the waiting time, including the introduction of“multi-disciplinary integrated care clinics” and expansion of the medical
Public-Private Partnership programmes. But apart from that, I think theGovernment should work on the following aspects:
First of all, to address the issue concerning manpower of doctors, it isnecessary to open up new sources and reduce turnover. Opening up new sourcesrefers to increasing doctor manpower. In recent years, the Hospital Authority(“HA”) has increased doctor manpower through the Special Retired and Rehire
Scheme, the Special Honorarium Scheme and hiring part-time doctors. While it
has achieved little success, this is just a drop in the bucket and the shortage ofdoctors in public hospitals still remains serious. The Government should continue
to increase the number of training places for local medical students, introduce more
local and non-local doctors, and provide sufficient resources for non-local doctors
who wish to take the licensing examination for practising in Hong Kong in order
to raise the passing rate. On the front of reducing turnover, the wastage of doctors
in the public healthcare sector should be minimized. The key hinges on
improving the working environment of doctors in public hospitals by changing thework mode of giving emphasis to quantity rather than quality, and establishing aservice system which is people-oriented, so as to resolve the problem of doctors
facing difficulties when giving consultation while patients encountering difficulties
in seeking medical consultation.
On the other hand, it is necessary to triage the patients. Patients seeking
specialist outpatient services should be triaged to the primary healthcare systemand the Mainland’s healthcare system.
Primary healthcare should be
prevention-oriented and community-based. Regarding the existing primary
healthcare network in Hong Kong, Maternal and Child Health Centres, Student
Health Service Centres and Elderly Health Centres can play a preventive role.
Apart from them, there are also the District Health Centres (“DHCs”) and DHC
Expresses set up in the past two years which are positioned to provide disease
prevention, health management, chronic disease management and rehabilitation

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services, etc. to people of all ages. While the idea is good, actually very few
people are aware of the roles of DHCs at present. Therefore, relatively few people
have enrolled as members, and most of them are elderly people. For this reason,
the Government should step up publicity and promotion, improve DHCs’ services,enhance their presence in districts, and introduce Chinese medicine services toboost their attractiveness, so as to maximize the effect of primary healthcare. In
addition, I hope the Government will consider regularizing the “HKSAR
Government Special Support Scheme for Hospital Authority Chronic Disease
Patients Living in the Guangdong Province to Sustain Their Medical Consultation
under Coronavirus Disease-2019”, increasing the number of specialties supported,
as well as expanding the scope of subsidy to cover specialist outpatient services
and surgeries. After gaining experience, the Scheme should be extended to
Grade-A tertiary hospitals in the nine Mainland cities in the Greater Bay Area,
thereby offering the public an additional option, so as to triage the demand forspecialist healthcare services.
President, I agree to the proposals in the original motion and the amendments
in respect of the general direction. I also sincerely hope that the Bureau will listen
to our views and effectively shorten the waiting time for specialist outpatient
services at public hospitals with a view to resolving a major distress to the public.
President, I so submit.

DR JOHNNY NG (in Cantonese): Thank you, President. I am very grateful to
Mr Edward LEUNG for proposing this motion on “Shortening the waiting time for
specialist outpatient services at public hospitals”, such that we can have theopportunity to discuss this livelihood issue of public concern.
According to media reports in the middle of last year, the waiting time ofstable new cases for many specialist outpatient services in the Hospital Authority(“HA”) had further deteriorated. The waiting time of stable new cases for the
specialty of Ear, Nose and Throat (“ENT”) in the Kowloon Central Cluster was
154 weeks, while that for the specialty of Medicine in the Kowloon East Cluster
was 151 weeks, which was approximately three years. Among the eight specialist
outpatient services, the average waiting time of new case booking was more than
one year in the various hospital clusters for seven of them, namely Medicine,
Orthopaedics, ENT, Ophthalmology, Surgery, Psychiatry and Gynaecology.

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5393

To alleviate the problem, HA launched three major initiatives last year,
including setting up integrated clinics to triage the patients, strengthening
public-private partnership to triage some patients seeking specialist outpatient
services to primary healthcare, and expediting the screening out of recovered cases.
Although these measures have shown some effects, the results are still
unsatisfactory.
With a view to addressing the relevant problems, Chief Executive John LEE
has proposed a series of measures in his recently delivered Policy Address,
including the setting up of District Health Centres (“DHCs”) or interim DHC
Expresses, which are of a smaller scale, in the 18 districts by the end of this year.
With DHCs as the hub of the primary healthcare system, the Government will
partner with the private primary healthcare sector to promote the concept of “family
doctor for all” and collaborate with various healthcare professions to provide morecomprehensive, sustainable and patient-centric primary healthcare services in thecommunity.
The Government has also undertaken to reduce the waiting time for specialist
outpatient services, especially in the specialty of Medicine. The target is to reduce
the waiting time of stable new case bookings for the specialty of Medicine by 20%
in the next financial year.
Apart from the proposals put forward in the Policy Address, I think HAshould further improve the primary healthcare services provided throughpublic-private partnership. It is all the more important to make good use oftechnology to promote telemedicine consultation services. In fact, it has been
proven that telemedicine consultation services can play a more effective role amid
the epidemic. The Government should enhance and promote this kind oftelemedicine consultation services to enable more patients, especially the elderly
and those with impaired mobility, to receive HA’s services without having to go to
the hospital in person. It will be more convenient and can reduce consultation
time as well.
HA should also launch some new drug delivery services, so that drugs canbe delivered directly to the homes of the patients in need after they have received
consultation.
In addition, many Hong Kong elderly people are currently living in the
Mainland. They are all suffering from chronic diseases in some way and needspecialist healthcare services, but they are reluctant to return to Hong Kong to seek

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consultation due to the epidemic. The Government should be more proactive inpromoting telemedicine consultation services and at the same time, it can also makeuse of organizations which are familiar with the situation in the Mainland to send
medical supplies to them.
President, the current-term Government emphasizes about being
result-oriented. I hope the Government will really take the needs of the patients
into account, break through the barriers and restrictions in the past, and givethought to how to better serve the public.
I support the original motion and all the amendments.
submit.

President, I so

IR DR LO WAI-KWOK (in Cantonese): President, first of all, I would like tothank Mr Edward LEUNG for moving the original motion, as well as the otherthree Members for proposing their amendments. The motion seeks to urge the
SAR Government to formulate policy measures to shorten the waiting time for
specialist outpatient services at public hospitals, to which I strongly agree andsupport. I served as a member of the Hospital Authority (“HA”) from 2014 to
2020, and I fully understand the keen public demand for specialist healthcare
services, and the current mounting pressure on the public healthcare system. Dueto the excessively long waiting time of stable new case booking for specialist
outpatient services at public hospitals, many patients cannot receive timely andappropriate treatment, which is an extremely undesirable situation.
In order to address the aforementioned predicament effectively, we shouldof course fully utilize the existing community resources first, including expanding
the Public-Private Partnership programmes, and optimizing the use of private
healthcare resources to triage and take care of more patients seeking specialist
outpatient services.
Meanwhile, the authorities should allocate additional
resources to enhance the specialist outpatient services under the primary healthcare
system. In addition, the relevant parties should make good use of innovativetechnology to expedite the development of telehealth services, which can be used
to provide early diagnosis and treatment for some patients with minor illnesses
through teleconsultation services, and provide professional advice and healthmonitoring for Residential Care Homes for the Elderly by videoconferencing.
The relevant parties should also partner with outreach services to reduce the needfor patients to go to hospitals or specialist outpatient clinics.

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President, Chief Executive John LEE has announced in his maiden Policy
Address that HA will adopt a multi‑pronged approach, including allocating moreresources for new cases; setting up integrated clinics to provide multi‑disciplinary
support with the target to reduce the waiting time of stable new case bookings forthe specialty of Medicine by 20% in the next year (2023‑2024). At the same time,
the Government will revamp the healthcare system by shifting the emphasis of thehealthcare system from its current treatment‑oriented, hospital‑based structure to aprevention‑focused, community‑based system, publish the Primary Healthcare
Blueprint within this year, establish the Primary Healthcare Authority for
coordination and governance of primary healthcare service provision across the
public and private sectors, and partner with the private healthcare sector to promote
the concept of “family doctor for all”. Besides, the authorities will launch thethree-year Chronic Disease Co-Care Pilot Scheme from next year, under which
District Health Centres will refer people who are screened to be at high risk ofhypertension or diabetes mellitus to the private sector for further examination.
Those who are diagnosed with the diseases will receive treatment provided byfamily doctors and allied health professional teams. The Government willsubsidize about half of the examination and treatment fees. I believe that thesemeasures not only can facilitate the public to seek medical treatment in thecommunity, and get more specialist consultation services, but also help relieve thepressure of the public healthcare system. The Chronic Disease Co-Care Pilot
Scheme should be reviewed and enhanced in due course for further promotion in
the future.
However, I am afraid that the above measures are just short-term palliatives
which can slightly alleviate the current predicament in the short and medium term.
As local healthcare services have failed to meet the needs of the public effectively,
the relevant authorities must squarely face up to and resolve the problems. In thelong run, proper planning should be made and more resources allocated to improve
the software and hardware of the healthcare system, so as to prescribe the right
remedy to both the current problems and their root causes.
First, apart from vigorously promoting the First Ten-Year Hospital
Development Plan, the Government should also plan and implement the Second
Ten-Year Hospital Development Plan as soon as possible, so as to prospectively
cope with the needs of the Northern Metropolis and other new development areas,and properly address the ageing population and growing demand for healthcare
services in Hong Kong.

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At the same time, the authorities should endeavour to continuously increase
healthcare manpower under the public healthcare system.
In addition toincreasing the number of training places in the faculties of medicine of local
universities, more qualified, non-locally-trained specialists and nurses should be
admitted to practise in Hong Kong.
With these remarks, President, I support the passage of the original motion
and the amendments.

SUSPENSION OF MEETINGPRESIDENT (in Cantonese): I now suspend the meeting until 9:00 am tomorrow.
Suspended accordingly at 6:28 pm.

Appendix 1

LEGCO QUESTION NO.7
(Written Reply)

Asked by Hon Stanley LI

Date of meeting : 26 October 2022
Replied by : Secretary for Transportand Logistics

Reply
President,
In consultation with the Security Bureau, the Hong Kong Police Force(Police), the Fire Services Department (FSD), the Census and Statistics
Department (C&SD) and the Transport Department (TD), my reply to the various
parts of the question raised by the Hon Stanley LI Sai-wing is as follows.
(1) and (2) According to the C&SD, no separate commodity codes aredesignated to electric mobility devices (EMDs) including electric skateboards,
electric scooters, electric unicycles, electric bicycles, power assisted pedal cycles(also known as pedelecs) and electric hoverboards, etc. under the Hong Kong
Harmonized System. As the respective commodity codes are shared with othervehicles, the import quantities of these devices are not available.
EMDs, which are mechanically propelled vehicles, fall within thedefinition of “motor vehicles” under the Road Traffic Ordinance (Cap. 374) (theOrdinance). All “motor vehicles” must be licensed for use on roads or private
roads, but it is the long-standing policy that the TD does not register or license
EMDs under the Ordinance due to considerations of road safety and accessibility.
It is an offence to use such unregistered and unlicensed devices on roads.
Besides, the Ordinance provides that no person shall sell, supply or hire any motor
vehicle which is not in compliance with the Ordinance with respect to its
construction, weight, equipment or maintenance, or any motor vehicle in such a
condition that danger is or is likely to be caused by it to any person, unless the
person has reasonable cause to believe that the vehicle will not be used on a road.
According to the Police’s statistics as at 30 September this(3), (4) and (5)year, there were 18, 27 and 11 accidents involving EMDs in 2020, 2021 and 20221

respectively. The Police and the TD did not maintain a breakdown of these
accidents. The respective numbers of arrests made were 285, 217 and 179, andthe offences involved include using a motor vehicle without third party insurance,
which is liable to a maximum fine of $10,000, 12-month imprisonment anddisqualification from holding a driving licence for one to three years; driving an
unregistered vehicle, which is subject to a fine of $5,000 and 3-month
imprisonment for first offenders and a fine of $10,000 and 6-month imprisonment
for repeated offenders; and driving without a valid driving licence, which is liable
to the same penalties for driving an unregistered vehicle. The Police and the TD
did not maintain statistics on the relevant penalties imposed by courts. According
to the statistics as at 15 October this year, the FSD handled 11, 10 and 9 fireincidents involving EMDs in 2020, 2021 and 2022 respectively.
(6) and (7) In view of the increasing popularity of the use of EMDs in Hong
Kong in recent years, the Government is exploring ways to enhance the regulation
on such devices, which include drawing reference from practices in otherjurisdictions/cities, with due consideration of the dense population and highvehicular traffic flow in Hong Kong.
In order to gain actual operating experience in the regulation of EMDs, theTD conducted site trials on sections of cycle tracks in Tseung Kwan O South andon those adjacent to the Hong Kong Science Park in 2021. Currently, the TD is
working with the Hong Kong Science and Technology Parks Corporation on a
six-month pilot trial, which started in May this year, to gather information on theuse of EMDs on the cycle track between the MTR University Station and Fo Yin
Road for short-distance commuting. The Government will carefully analyse andreview the trial results as well as the practices in other jurisdictions/cities, conductdetailed discussions with the relevant departments and gauge the views of
stakeholders for further formulation of a regulatory framework on EMDs, andreport to the Legislative Council in due course.
In addition, the TD has all along been collaborating with the Road Safety
Council and the Police in launching various publicity and educational activities topromote road safety among road users. The messages on the prohibition of theuse of EMDs on roads are publicised through various channels, including a shortvideo clip jointly produced by the Police and the Radio Television Hong Kong,
publications produced and distributed by the TD, the TD’s website and social
media platforms of the Road Safety Council, etc. The Government will continue

2to enhance safety awareness among road users through publicity and educational
efforts.

3

LEGCO QUESTION NO. 8(Written Reply)
Asked by: Hon Kingsley WONG

Date of meeting: 26 October 2022
Replied by: Secretary for Health

Reply:
President,
The Hong Kong Special Administrative Region Government (the SAR Government)
has been following the principles of “complementarity and mutual benefits” to enhance
the cooperation with various cities of the Greater Bay Area (GBA), on the premise thatthe development of the Mainland’s healthcare system will be benefited and thedevelopment of Hong Kong’s local healthcare service will not be compromised, so as
to improve the policy measures that facilitate Hong Kong citizens to develop and residein the Mainland.
Having consulted the Hospital Authority, my reply to the question raised by the Hon
Kingsley Wong is as follows –(1)

Since 2015, Elderly Health Care Vouchers (vouchers) can be used to pay for thefees of outpatient services provided by designated clinics/departments of the
University of Hong Kong-Shenzhen Hospital (HKU-SZH) to facilitate Hong
Kong elderly persons who reside in Shenzhen or nearby areas to receive relevant
services. The SAR Government has regularised the arrangement of using thevouchers at the HKU-SZH since June 2019 to provide greater assurance forHong Kong elderly persons to use the vouchers at the HKU-SZH. As at end
September 2022, over 11 000 eligible elderly persons had made use of thevouchers at the HKU-SZH, with an accumulated expenditure of about HK$38
million.
The Department of Health (DH) has put in place procedures for checking andauditing voucher claims to ensure proper use and disbursement of public monies
in handling reimbursements to healthcare service providers participating in thescheme at the HKU-SZH. The DH also uses the risk-based approach tomonitor the transactions in HKU-SZH. The SAR Government will continue toreview and monitor the effectiveness of the usage of vouchers at the pilot
hospital and explore better ways of utilising the vouchers in subsidising Hong
Kong citizens to access to more medical services.

- 2 -On the other hand, in order to take appropriate care of Hong Kong residents
residing in the Mainland and unable to travel back and forth between Hong Kongand the Mainland for scheduled medical consultations as usual due to antiepidemic measures, the SAR Government launched the Special Support Schemein November 2020 and commissioned the HKU-SZH to provide subsidised
follow-up consultations for designated chronic disease patients with scheduled
appointments at specialist out-patient clinics or general out-patient clinics underthe Hospital Authority. The SAR Government has conducted a mid-term
review on the implementation of the Scheme in March 2021 to take stock of the
progress made and feedback. The results showed that the Scheme wasfavourably received by the public and provided an important reference for thedevelopment of cross-border medical services in the future. In light of theepidemic development, the SAR Government has extended the Scheme for threetimes. As at the end of September 2022, about 47 000 consultation attendanceswere recorded at the HKU-SZH through the Scheme. The total expenditure
incurred is approximately HK$27 million.
(2)

The Government allows the use of vouchers at the HKU-SZH having regard toits adoption of the “Hong Kong management model” and its healthcare service
quality and clinical governance structure being similar to those of Hong Kong,which makes it easier for Hong Kong elderly persons to adapt and accept. To
further extend the scope of application of the vouchers to cover the medical
institutions in Nansha (or in other Mainland cities), the Government has tocarefully consider the issue of effective monitoring due to the different service
standards of medical institutions in these places. The Government is also
concerned by the monitoring of the proper use of vouchers under different
monitoring and payment systems between Hong Kong and Mainland, as well as
how to handle any possible professional malpractice, illegal act andovercharging. The Government will sum up our experience gained in thescheme at the HKU-SZH to consider the feasibility to further extend the scopeof application of the vouchers to cover the medical institutions in the GBA, in
particular those having adopted the “Hong Kong management model” and withhealthcare service quality and clinical governance structure similar to the HKUSZH.
In fact, since 2020, Hong Kong residents (regardless of employment status) havebeen included in the scope of persons eligible for purchasing social insurance in
the Mainland, and can participate in various basic social insurances, including
medical insurance, in accordance with relevant provincial and municipal
regulations. As more Hong Kong people choose to live and retire in the
Mainland, subject to the requirements of their place of residence in the Mainland,
the Chief Executive’s 2022 Policy Address has announced that the SAR
Government will study allowing Hong Kong people to use vouchers to pay the- 3 -

premiums of local medical insurance under the local social insurance plans, with
the GBA as a start, to assist Hong Kong people in obtaining appropriate medical
services through local medical insurance plans.

-End-

LEGCO QUESTION NO. 9(Written Reply)
Asked by: Dr Hon Stephen WONG

Date of meeting: 26 October 2022
Replied by: Secretary for Housing

Reply
President,
Having consulted the Development Bureau, our reply to the question
raised by the Dr Hon Stephen WONG Yuen-shan is as follows.
(1) to (3) In early 2022, the pandemic has led to problems such as labour shortageand in the delivery of construction materials from the Mainland to
Hong Kong, which had impacted on the progress of individual public
housing development projects. Currently, the labour supply anddelivery arrangement of the construction materials have generally
resumed normal. The Hong Kong Housing Authority (HA) willcontinue to monitor the progress of various projects and takecorresponding mitigation measures, including urging construction
contractors to increase manpower, expediting progress, stepping up site
inspections, convening site meetings, carrying out site supervision andon-site examination, etc. These measures help address the challenges
encountered during the construction stage in an effective and speedy
manner, with a view to recovering the delay and facilitating the earlycompletion of the projects according to the schedule.
As stated in the Chief Executive’s 2022 Policy Address, theGovernment will work closely with HA and the Hong Kong Housing
Society to increase public housing supply in the first five-year period
by enhancing quantity, speed, efficiency and quality, thereby
shortening the waiting time for Public Rental Housing (PRH).
According to the forecast as at September 2022, production of
traditional public housing in the first five-year period (i.e. from2023-24 to 2027-28) will increase to about 128 000 units. There will
also be an addition of about 30 000 “Light Public Housing” units.
The Chief Executive’s 2022 Policy Address announced theimplementation of the "PRH Advance Allocation Scheme". HA will
adopt a phased completion approach in some PRH projects as far as

practicable through planning, design and construction process, such asadvancing the handing over of part of the site for construction as far aspracticable, thus allowing earlier intake of PRH applicants. At thisstage, it is confirmed that phased completion can be achieved for about
12 000 units from 2023-24 to 2027-28.
As affected by the pandemic, the completion dates of about 7 600 PRH/
Green Form Subsidised Home Ownership Scheme units have beenrevised from 2022-23 to 2023-24. They include Tai Po Area 9, i.e. Fu
Tip Estate (about 6 800 units), and Lai Cho Road (about 800 units).
These 7 600 units are not included in the 12 000 units mentioned above.
HA will adopt the above-mentioned measures to recover the delay andcomplete the relevant projects as soon as possible.
(4)

To enhance transparency and to better monitor the future supply of
public housing, the Development Bureau (DEVB) and the Housing
Bureau (HB) will provide the public with more information on land andhousing supply. As the development schedules and parameters of
public housing projects estimated to be completed in the first five-year
period are generally more certain, HB will provide more information by
uploading the project name, location, estimated number of flats, andcompletion year of the projects in the first five-year period onto HB's
webpage on a quarterly basis, so that the public can have moreconvenient access to the details of various projects. As regards the
public housing projects in the second five-year period, they are mostly
at "land production" stage. DEVB will release information on land area,
estimated land availability year, and estimated number of flats, etc.
according to the progress of land production of individual projects. The
relevant information will be updated by DEVB on an annual basis. We
believe that the enhanced arrangement of information dissemination
will help the public understand more about the Government's public
housing supply situation in the coming ten years, and allow different
sectors of the community to better monitor the progress of the projects.
The latest information of the above as at September 2022 have been
uploaded onto HB's and DEVB's webpages.

- END -

LEGCO QUESTION NO. 10(Written Reply)

Asked by : Hon LEUNG Man-kwong

Date of meeting : 26 October 2022
Replied by : Secretary
Environment and Ecology

for

Reply
President,
The government attaches great importance to rodent control. The Environment
and Ecology Bureau (EEB) leads the Pest Control Steering Committee
comprising over 20 bureaux and departments (B/Ds), which is responsible forsetting the overall directions for the Government’s rodent prevention and control
work; as well as co-ordinating and overseeing the implementation of targetedmeasures by the relevant B/Ds in venues under their purview (e.g. the Public
Rental Housing Estates, markets, rear lanes, parks and leisure facilities, etc.),
while individual B/Ds are responsible for rodent prevention and control in venues
under their purview. Apart from undertaking rodent prevention and control workin its public markets and public places in general, the Food and Environmental
Hygiene Department (FEHD) also provides guidelines, advice and training torelevant B/Ds.
In order to further strengthen the supervision and co-ordination of theinter-departmental efforts in tackling district-based environmental hygiene andstreet management problems, the Chief Executive has set up the District Matters
Co-ordination Task Force (Task Force). Chaired by the Deputy Chief Secretaryfor Administration, with the EEB as the main driving party, the Task Force isstriving to resolve such “long-standing, big and difficult” problems as rodent
infestation. We are planning to work together with all sectors of the society intackling rodent infestation early next year.
Having consulted the Leisure and Cultural Services Department (LCSD), theHousing Authority (HA), the Agriculture, Fisheries and Conservation
Department, the Architectural Services Department, the Buildings Department,
the Civil Engineering and Development Department, the Department of Health,the Drainage Services Department, the Education Bureau, the Electrical andMechanical Services Department, the Environmental Protection Department, theGovernment Property Agency, the Hospital Authority, the Home Affairs

Department, the Highways Department, the Lands Department, the Social
Welfare Department, the Transport Department and the Water Supplies
Department, the reply to the question raised by the Hon Leung Man-kwong is asfollows:(1)
In the last three years, the numbers of rodent infestation complaints and theaverage handling time for each complaint received by the LCSD, the HA and therelevant government departments, broken down by District Council district, are
set out in Annex.
(2) & (4)In order to effectively tackle the rodent infestation problems in different types ofvenues (e.g. the Public Rental Housing Estates, rear lanes, parks, etc.), it isnecessary to take into account the causes and circumstances of the rodent
infestation problems of the venues and adopt targeted prevention and control
measures. To assist the departments responsible for the management of venues informulating effective rodent prevention and control measures, the FEHD not only
provides them and their services contractors with guidelines, code of practice andchecklists, but also offers training to their staff. Further, the FEHD conducts joint
inspections with the relevant departments and offers them technical advice.
Relevant departments shoulder the responsibility as the venue manager. They
formulate internal regulations/guidelines on rodent prevention and control
measures for their respective venues based on the actual circumstances of thevenues, and with reference to the guidelines and checklists provided by FEHD.
These regulations/guidelines concern, among other things, the inspection ofrodent infestation black spots by front-line staff and/or services contractors,
installation of rodent baits and traps, filling of rodent holes and repairing of cracks
in ceilings, walls or floors, etc. For example, the HA has made reference to the
FEHD’s guidelines on rodent prevention in the Public Rental Housing Estates andreinforced the rodent proofing facilities in all its Public Rental Housing Estates(including installing rodent guards, metal meshes, etc.), in order to prevent
rodents from entering into the buildings and to block rodent passages and holes.
As the causes and circumstances of rodent infestation problems in different typesof venues vary, they have to be tackled through different rodent prevention andcontrol measures. It is difficult to compare the effectiveness of rodent prevention
and control work undertaken by different departments in their respective venues.
Nevertheless, the FEHD would share with the departments its experiences andoutcomes in rodent control and propose to them new techniques and technologies.
For example, on the FEHD’s recommendation, the LCSD carried out a trial
application of the Thermal Camera Monitoring System to track rodent activities
and assess the effectiveness of rodent control work in the Ngau Chi Wan Village
Sitting-out Area in August 2022. The LCSD found the system effective andwould consider applying it in appropriate places.

(3)The FEHD places baits in selected survey locations and regularly gathers
statistics on the ratio of baits gnawed by rodents to generate the Rodent
Infestation Rate (RIR), so as to assess the prevalence of rodent infestation in thesurvey locations. Currently, there are 50 survey locations for the Rodent
Infestation Survey, some of which covers non-FEHD-managed government
venues (including leisure spaces managed by the LCSD and the Public Rental
Housing Estates managed by the HA).
The FEHD agrees that using the ratio of baits gnawed by rodents as the RIR is lessthan ideal. It has, therefore, launched a review on the method of the Rodent
Infestation Survey. The FEHD is working with a local university to explore theinclusion of other factors in compiling surveillance data, such as the number ofrodent trapped, complaint figures, etc., so as to develop a more representative“Composite RIR”. The survey area of the “Composite RIR” would cover some
non-FEHD-managed government venues.
In addition to the RIR, the relevant departments would take into account the
number of complaints of rodent infestation, routine inspection results from their
management staff, as well as the views from local community and venue users,
etc. in monitoring the situation of rodent infestation and assessing theeffectiveness of rodent prevention and control work.
(5)
With respect to the rodent prevention and control work in general public places,
the FEHD procures services under stand-alone pest control services contracts, andspecifies in the contracts the pest control services to be provided and theprofessional qualification requirements for the contractors’ staff at all levels(including experienced supervisory-level staff), etc.
For FEHD’s public markets, pest control services are included in the market’s
management and cleansing services contracts. The contracts specify the
mandatory rodent prevention and control services to be provided by the services
contractors. If the contractors’ services fail to meet the requirements, the FEHD
would issue “default notices” to the contractors and deduct their monthly service
fees. The contracts do not provide a breakdown of the sum of money to be used
for individual areas of work.
For non-FEHD-managed government venues, some B/Ds may arrange
stand-alone pest control services contracts for their venues as necessary. For the
rest of the B/Ds, the terms of rodent prevention and control services are usually
included in the contracts of venue management services or cleansing services
depending on actual circumstances. The services contractors should allocate
resources appropriately to deliver relevant services. As the services are specified

in the contracts, there is no breakdown of the sum of money to be used forindividual areas of work.

AnnexNumber of rodent infestation complaints andaverage handling time of each complaint
received by the LCSD by district
2019
District

2020

2021

Number of complaints

Central & Western

17

15

19

Eastern8167Southern

422

Wan Chai

11

8

19

Kowloon City

35

22

10

Kwun Tong

30

30

25

Wong Tai Sin

10

5

9

Sham Shui Po

22

16

32

Yau Tsim Mong

23

16

25

Sha Tin

9

10

3

Tai Po8

10

5

Northern

28

5

Kwai Tsing

47

37

28

Tsuen Wan8

6

5

Tuen Mun

28

24

8

Yuen Long

10

8

14

Sai Kung2511Islands

4

2

0

278

240

227

Total

The average handling time for each complaint is about 3-5 days.

Number of rodent infestation complaints andaverage handling time of each complaint
received by the Public Rental Housing Estates of the HA by district
2019
District

2020

2021

Number of complaints

Central & Western

0

0

2

Eastern

24

37

49

Southern

7811

Wan Chai N o t e

-

-

-

Kowloon City

33

25

31

Kwun Tong

148

208

191

Wong Tai Sin

72

70

99

Sham Shui Po

68

83

88

Yau Tsim Mong

1

1

1

Sha Tin

49

65

43

Tai Po12

4

8Northern

208Kwai Tsing

125

109

105

Tsuen Wan

60

18

7

Tuen Mun

32

46

19

Yuen Long

71

40

36

Sai Kung

5

17

23

Islands

22

26

18

731

757

739

Total

Note: There is no HA’s Public Rental Housing Estate in Wan Chai.

The HA does not keep record of the handling time of each complaint.

Number of rodent infestation complaints andaverage handling time of each complaint
received by other relevant B/DsNote by district
2019
District

2020

2021

Number of complaints

Central & Western

2

2

2

Eastern005Southern000

Wan Chai

1

1

1

Kowloon City

3

4

4

Kwun Tong

2

3

5Wong Tai Sin

0

1

1

Sham Shui Po

33

4

6

Yau Tsim Mong

2

1

0

Sha Tin

2

4

4

Tai Po1

1

2

Northern

02

1

Kwai Tsing

0

1

0

Tsuen Wan2

7

1

Tuen Mun

1

1

0

Yuen Long

100

Sai Kung101Islands

2

1

4

53

33

37

Total

Note: Including the Agriculture, Fisheries and Conservation Department, the Architectural
Services Department, the Buildings Department, the Civil Engineering andDevelopment Department, the Department of Health, the Drainage Services

Department, the Education Bureau, the Electrical and Mechanical Services Department,
the Environmental Protection Department, the Government Property Agency, theHospital Authority, the Home Affairs Department, the Highways Department, theLands Department, the Social Welfare Department, the Transport Department and theWater Supplies Department.

The average handling time for each complaint is about 5-9 days.

LEGCO QUESTION NO.11(Written Reply)

Asked by Hon Dennis LEUNG

Date of meeting : 26 October 2022
Replied by : Secretary for Culture,
Sports and Tourism

Reply
President,
In early 2018, the Government announced to launch a design and fashion
project in Sham Shui Po (the Project). A five-storey commercial floor area of
about 3 600 m2, at an Urban Renewal Authority (URA) redevelopment project inSham Shui Po District (the District) is reserved for the Project. The Project aims
to nurture young designers, fashion designers and start-ups, as well as to boost the
local economy.
My reply to the questions raised by Hon Dennis LEUNG is as follows: (1)The construction work of the Project is undertaken by the URA, whereas
Create Hong Kong (CreateHK) is responsible for the strategy formulation,
coordination and supervision. Upon the re-organisation of the Government
structure with effect from 1 July 2022, CreateHK is transferred to Culture, Sports
and Tourism Bureau (CSTB) and continues to oversee the launch of the Project
and the implementation of relevant strategies and details. Construction works for
the Project has commenced and is expected to be completed in 2023-24.
(2) and (3)The District is a traditional hub for wholesale and retail of garment andfabric. Leveraging on the characteristics of the District, the Project will create
new synergy by blending design, fashion, garment manufacturing and retail. It is
expected to become a focal point of design and fashion in Hong Kong and a
popular spot of the industry players. We also hope to bring in members of the
public and visitors from and outside the local community and hence drive thedevelopment of tourism of the District. The Project will be operated by the Hong
Kong Design Centre (HKDC) upon completion. HKDC is liaising with different

stakeholders on the set-up and arrangement of the Project, so as to ensure that thedesign and operation can meet the aforesaid objectives.
The Government attaches great importance to promoting the developmentof creative industries and nurturing young talents. The to-be-operated Project andits facilities will be mainly utilised to nurture new blood of the design industry.
The three major use of the Project includes (1) providing a ground for the nurtureand exchanges of emerging design talents and fashion designers, and helping
them to start their career or own businesses, (2) providing an exhibition andactivity space open to the public, in particular to manifest the synergy createdamongst the fashion design and its upstream and downstream industries, and (3)as a workstation of the HKDC and other industry players to take the lead andpromote fashion and other different projects and activities in relation to design.
It is also planned to set aside space of the Project for retail use to allow thedesigners to acquire sales and marketing experience. Through direct interaction
with customers, the designers can expedite the development of their products andestablish their start-up businesses in the market. The Project also provides event
space for young designers and start-ups to organise workshops, share their design
knowledge and offer design and handicraft experience to the public, with a viewto promoting the culture of design.
The HKDC is working on a detailed operation plan for the Project and willconsider formulating suitable key performance indicators in future.

LEGCO QUESTION NO. 12(Written Reply)

Asked by Hon Martin LIAO

Date of meeting : 26 October 2022
Replied by : Secretary for Health

Reply
President,
In consultation with the Labour and Welfare Bureau (“LWB”), Education
Bureau (“EDB”), Department of Health (“DH”), Social Welfare Department(“SWD”) and Hospital Authority (“HA”), the consolidated reply to thequestion raised by the Hon Martin LIAO is as follows –(1)
The table below sets out the number of child and adolescent (“C&A”)
psychiatric specialist outpatient new cases of the HA triaged as Priority 1(Urgent), Priority 2 (Semi-urgent) and Routine (Stable) cases as well as theirrespective median waiting time from 2017-18 to 2021-22. The HA does not
maintain the respective numbers according to the categories of the patients’mental disorder.
Financialyear

2017-18
2018-192019-201
2020-211
2021-221

Priority 1(Urgent)

Priority 2(Semi-urgent)

Priority 3(Stable)Number of
new cases

Medianwaiting time
(week(s))

Number of
new cases

Medianwaiting time
(week(s))

Numberof newcases

Medianwaiting time
(week(s))

239
282
355
447
313

1
1
1
1
1

907
930
912
948
952

5
4
3
3
3

9 571
10 751
10 5689 674
12 245

85
82
80
64
79

1

Note:
1
Given the COVID-19 epidemic since early 2020, the HA has tightened up
its infection control measures and adjusted its services. This should betaken into account when comparing the throughput of services provided
by the HA across the years.

(2)
The HA’s C&A psychiatric specialist outpatient clinics (“SOPCs”) adopt a
triage system to ensure patients with urgent medical conditions who require
early intervention are accorded with priority in treatment and follow-up.
Generally speaking, psychiatric SOPCs will classify patients with urgent
medical needs as Priority 1 (Urgent) cases for follow-up so as to ensure they
will receive treatment within reasonable time. Patients, if their mental
conditions have changed during the waiting time, may return to theirrespective psychiatric specialist outpatient services to receive assessment
again so that an assessment could be made as to whether there is a need toadvance their consultation, or they may consider seeking treatment from theaccident and emergency services.
The HA’s targets are to maintain the median waiting time for Urgent andSemi-urgent cases within two and eight weeks respectively. As reflected by
the reply to sub-question (1), in 2017-18 to 2021-22, the aforementioned
targets were successfully met.
In view of the constant increase in demand for C&A psychiatric services, the
HA had already implemented a cross-disciplinary collaborative service
model between the specialities of paediatrics and C&A psychiatry in
2020-21. Under this collaborative model, paediatricians and paediatricnurses will provide services for attention deficit/hyperactivity disorder(“ADHD”) patients with relatively mild and stable conditions with thesupport of the C&A psychiatric team.
Moreover, the HA has developed C&A psychiatric services in the Hong
Kong East and Kowloon Central Clusters in phases since 2020-21 so as toenhance the support towards children and adolescents with mental healthneeds.
2

(3)The table below sets out the number of discharges of the HA’s psychiatricinpatients, as well as the number of psychiatric hospital beds (as at 31 Marchof each year), in 2017-18 to 2021-22. The HA does not maintain therespective breakdown concerning C&A psychiatric inpatient services.
Financial
year

Number of psychiatricinpatient discharges 1, 2

2017-18
2018-192019-20
2020-212021-2217 43217 91516 96016 59716 816

Number of psychiatrichospital beds
(as at 31 March of each year)
3 607
3 647
3 647
3 647
3 675

Note:
1

Given the COVID-19 epidemic since early 2020, the HA has tightened up
its infection control measures and adjusted its services. This should betaken into account when comparing the throughput of services provided
by the HA across the years.
2
According to the general data classification of the HA, the number ofdischarges also includes the number of deaths.
The HA will continue to review and monitor its services to suit the needs ofpatients, and will make adjustments in a timely manner should the needarises.

(4)
The Government adopts a tiered service model in providing primary mental
health services for children and adolescents. They are –(a) Primary prevention: to promote mental health information to children
and adolescents and encourage help-seeking through mental healthpromotion, advisory and counselling services as well as educational
programmes, including the “Shall We Talk” mental health promotion
3and public education initiative; the Student Health Service of the DH;
multiple guidance and discipline programmes of the EDB that enhance
students’ resilience; and the youth hotline service “Youthline” provided
by a SWD-subvented non-governmental organisation which provides
suitable counselling and referral services for children and adolescentswith mental health needs.
(b) Secondary prevention: to identify children and adolescents with mental
health needs in a timely manner to facilitate corresponding intervention
and treatment through mental health risk assessment and screening,
including the “Comprehensive Child Development Service” jointly
implemented by the LWB, EDB, DH, HA and SWD; the free annual
health assessment provided by the Student Health Service of the DH tosecondary and primary students which includes mental healthscreening; the referral mechanism jointly established by the HA andEDB under which schools or educational psychologists could referstudents to receive the HA’s C&A psychiatric services when needed;
and the five Cyber Youth Support Teams set up by the SWD in 2018.
(c) Tertiary prevention: to provide services for children and adolescentswith mental health needs in the community, including the “Student
Mental Health Support Scheme” launched by the Health Bureau(“HHB”) in collaboration with the HA, EDB and DH since the 2016/17
academic year to provide support for students with mental health needsin the school setting; the “Pilot Scheme on New Service Protocol for
ADHD Comorbid with Mood Symptoms (‘ADHD+ Scheme’)”launched by the HHB in March 2021 that provides services for children
and adolescents suffering from or suspected to be suffering from
ADHD comorbid with mood symptoms; and the inclusion of secondary
school students into the service targets of the Integrated Community
Centres for Mental Wellness by the SWD since October 2019.

4

(5)So far, the Government has no plans to set up a matching fund to subsidise
children and adolescents from low-income families to receive psychiatrictreatment at private healthcare facilities. That notwithstanding, theGovernment is providing assistance to these children and adolescentsthrough other schemes, one of the examples being that the Government has
earmarked $300 million under the Beat Drugs Fung to implement the“Mental Health Initiatives Funding Scheme (‘Funding Scheme’)” for theAdvisory Committee on Mental Health to approve funding to strengthen
support to persons in need at the community level and enhance publicawareness of mental health. The Funding Scheme is implemented in twophases, with approved projects under Phase 1 of the Funding Scheme
gradually commencing in the community since February 2022, which
includes provision of subsidy for children and adolescents from low-income
families to receive psychiatric treatment at private healthcare facilities so as
to ensure that they could receive suitable mental health services while they
are waiting for the HA’s C&A psychiatric services.

- End -

5

LEGCO QUESTION NO. 13(Written Reply)
Asked by Dr Hon Wendy HONG

Date of meeting : 26 October 2022
Replied by
Development:

Secretary

for

Reply
President,
The government is committed to provide, through a multi-pronged landdevelopment strategy, a steady land supply to support economic development in
future and address various demands of society and the community. The proposed
Lung Kwu Tan reclamation (about 220 ha) and re-planning of existing land at
Tuen Mun West (about 220 ha), which involve about 440 ha of land, is one of the
major sources of land supply at New Territories West in future. It would also
benefit from the new development opportunities brought about by the Northern
Metropolis Development Strategy (“NMDS”) and Kau Yi Chau Artificial.
My reply to the three parts of Dr Hon Wendy HONG’s question is as follows:(1) The Legislative Council (“LegCo”) Panel on Development discussed in
January 2020 the proposal for conducting a planning and engineering study
for Lung Kwu Tan and Tuen Mun West area. At that time, there were public
views that the strategic rail links and road network at Kau Yi Chau Artificial
Islands should provide the needed conditions for a larger variety ofdevelopments at Lung Kwu Tan and Tuen Mun West area and preventing anover-emphasis on industrial use. Moreover, the NMDS will bring about newopportunities for the future development of Lung Kwu Tan and Tuen Mun
West, including high-added-value economic activities. Therefore, we
consider it opportune to tap the dual engines of Kau Yi Chau Artificial Islands
and NMDS, and examine different land use options at Lung Kwu Tan andTuen Mun West for more comprehensive and flexible planning.
We will seek LegCo’s funding approval to kick start the related planning andengineering study, and review various development options as soon as
possible. Our target is to complete the study in 30 months, with a view tocommencing the reclamation works in 2027 the earliest.

(2) Existing facilities including those with economic activities at Tuen Mun Westarea are either on private lands or government lands, involving different
stakeholders such as land owners, government departments and operators.
We will closely communicate with various stakeholders during the planningand engineering study so as to understand their operations and preferences.
The study will review the need and feasibility of retaining or relocating
existing facilities, including technical feasibility and development cost etc.
We will also examine whether the area, with a new planning layout, could
accommodate some existing industrial facilities and brownfields operations
affected by government projects. During the course of the study, we will also
formulate and assess various land use mixes and planning options to increase
the flexibility for future development(3) Last year, the government promulgated the finalised “Hong Kong 2030+:
Towards a Planning Vision and Strategy Transcending 2030”, which sets out
the territorial spatial development strategy for Hong Kong. It formulates a“conceptual spatial framework”, which shows the government’s macro viewon Hong Kong’s long term spatial development. It defines growth areas,
possible solution spaces and conceptual transport network to prepare fordevelopment in the years to come. Under the above spatial development
strategy, the government launched in recent years multiple large-scale
development projects, such as new development areas in the Northern
Metropolis and Kau Yi Chau Artificial Islands. These projects are in different
planning and development stages, and have recommended or are reviewing
land use options. Moreover, we recently announced a 10-year supply forecastof developable land for public inspection and monitoring of progress. We
would be pleased to maintain communication with different sectors of thecommunity on various development plans.

LEGCO QUESTION NO. 14(Written Reply)
Asked by: Hon Stanley NG

Date of meeting: 26 October 2022
Replied by: Secretary for Housing

Reply:
President,
Part IVA of the Landlord and Tenant (Consolidation) Ordinance (theOrdinance) which implements tenancy control on subdivided units (SDUs) cameinto force on 22 January 2022. The Rating and Valuation Department (RVD) has
set up a dedicated team responsible for the implementation of the Ordinance.
In consultation with the Development Bureau, my reply to thequestion raised by the Hon Ng is as follows:(1) & (3)Since the Ordinance became effective and up to 30 September, RVD
received a total of around 8 300 enquiries on SDU tenancy matters via
enquiry hotline, emails, letters, home visits, referrals from the District
Service Teams and office counters, etc. About 910 of these cases
concern the receiving of non-permitted money or charges for specified
utilities and services. If a landlord is suspected of breaching therequirements of the Ordinance, such as failing to submit “Notice ofTenancy” (Form AR2) to RVD within 60 days after the term of“regulated tenancy” commences; overcharging the tenant for specified
utilities and services; requiring the tenant to pay money other than thetypes permitted under the Ordinance; or harassing the tenant, therelevant complainant may report to RVD via letter, email, enquiry
hotline or by visiting RVD’s office. RVD will investigate and follow
up on these cases in accordance with the Ordinance, and conduct site
inspection if necessary.
In addition to following up on reported cases, RVD adopts a
multi-pronged approach to proactively investigating suspected
offences in relation to “regulated tenancies”, including –(a)enquiring about the tenancy situations of those tenants calling
the RVD’s enquiry hotline regarding the Ordinance;

(b)sending invitations to the tenants shown on the “Notices of
Tenancy” received for interviews; and(c)

RVD and the Water Supplies Department (WSD) strengthening
joint inspections and proactively visiting SDU households invarious districts to promote tenancy control on SDUs, as well as
to understand directly from the tenants if their landlords are
suspected of committing the relevant offences, and to takefollow-up action as appropriate.

From the second half of May up to 30 September this year, RVD
conducted 36 inspection operations, including 18 joint inspection
operations with WSD. RVD visited about 1 600 SDU households in
different districts, including 1 133 SDU households jointly with WSD.
RVD will continue to visit SDU households, and at different times ofthe day including non-office hours (such as in the evenings orweekends), so as to reach out to more SDU households to enhance thepromotion of the Ordinance, as well as to understand directly from thetenants if their landlords are suspected of committing the relevant
offences. Furthermore, to enhance the enforcement and publicity oftenancy control on SDUs, RVD and WSD target to jointly visit about
4 000 SDU households by the end of 2023-24.
Up to 30 September this year, RVD identified 467 cases of landlords
suspected of having committed an offence under the Ordinance; 24 ofwhich are complaint cases whereas the remaining cases are proactively
identified by RVD via different channels. There are 114 cases inwhich the landlord is suspected of breaching the requirements when
receiving reimbursement of the apportioned water or electricity
charges and 10 cases in which the landlord is suspected of requiring
the tenant to pay money other than the types permitted under theOrdinance. Out of the 467 cases, RVD is investigating 292 cases andis seeking legal advice from Department of Justice regarding the other24 cases for taking appropriate follow-up actions. For the remainingcases, RVD is not able to follow up as the tenants refused to provide
further information to RVD. In order to enhance the efficiency of law
enforcement and prosecution, RVD is in the process of hiring retired
disciplined services officers to set up a dedicated enforcement andinvestigation task force.
Separately, from 22 January to 30 September this year, WSD received
about 1 100 enquiries and 35 complaints about overcharging SDU
tenants for water. Among the 35 complaints, WSD has recently
initiated prosecution for 1 case and is investigating 6 cases. No
2

prosecution was taken for the remaining 28 cases due to insufficientevidence.
Besides, RVD and WSD would jointly visit SDU households to stepup enforcement of the tenancy control on SDUs and to inspect if thereis overcharging of water. The most effective way to tackle water
overcharging is to install separate meters for SDUs. WSD will also set
up a dedicated team for processing applications for installing separate
meters for SDUs
(2)

According to the Ordinance, the landlord must, within 60 days after
the term of a “regulated tenancy” commences, submit a “Notice ofTenancy” to RVD so as to provide information of the tenancy
including address of the SDU, tenancy period, rent, floor area,
provision of facilities, etc.. Up to 30 September, RVD had processed 6
945 “Notices of Tenancy”. As the landlord is not required to submit
the tenancy agreement when filing the “Notice of Tenancy”, RVD has
no information on the number of “regulated tenancies” with “Notice ofTenancy” submitted that have adopted the tenancy agreement template
provided by the Government or those tenancy agreements entered on
their own terms.
In fact, the tenancy agreement template provided by the Government isfor general reference only. The landlord and tenant of a “regulated
tenancy” may use and adapt the template with modifications as
appropriate, or enter into a tenancy agreement on their own terms, solong as there is no conflict or inconsistency with the mandatory termsof a “regulated tenancy”.

(4)

The Government has engaged non-government organisations (NGOs)
through open tender to set up six District Service Teams to supplement
the efforts of RVD in promoting the Ordinance at district level. Since
early January 2022, the District Service Teams have conductedvarious publicity activities such as street counters, home visits,
promotion websites, and online or physical seminars and briefing
sessions, and reached out to the grassroots through their connection
networks. Up to 30 September this year, the six District Service
Teams had set up 155 street counters at popular locations in the
districts, distributed or posted about 151 000 publicity leaflets, held 89
online or physical seminars and briefing sessions, and visited 1 482
SDU households. The six District Service Teams also handled a totalof about 6 200 enquiries through dedicated telephone lines, emails,
WhatsApp, etc., and referred individual cases (including suspected
offence cases) to relevant departments for follow-up as appropriate.
3

The Government has also engaged an NGO to establish and manage an
SDU web-based information portal for sharing information on tenancy
control on SDUs for publicity and education purpose. The portal has
been launched since 21 March 2022 (https://www.sdu-info.org.hk/).
The District Service Teams are required to submit monthly reports to
the Housing Bureau to report on the progress of the service, including
the details and outcomes of the publicity activities, and the support
provided to owners and tenants of SDUs. The Housing Bureau also
conducts inspections of the activities provided by the District Service
Teams from time to time with a view to reviewing how the relevant
works could be enhanced.
(5)

In accordance with the Ordinance, the tenant of a “regulated tenancy”
enjoys four years of security of tenure (first term of two years andsecond term of two years). If a person (including a landlord)
unlawfully deprives a tenant of a “regulated tenancy” of occupation of
the subdivided unit concerned; or performs any act calculated tointerfere with the peace or comfort of the tenant or his household
members, the person commits an offence, and is liable on a firstconviction to $500,000 and imprisonment for 12 months; and on
second or subsequent conviction to $1,000,000 and imprisonment forthree years.
As regards transitional housing (TH), the current eligibility criteria arefamilies who have been waiting for public rental housing for not lessthan three years; or persons who are living in severely inadequate
housing and reasonably considered to be in urgent need for community
support. Nevertheless, the NGOs operating TH may flexibly reserve
not more than 20% of the units for other categories of applicants withreference to their service needs, including those whose family
situation has undergone a sudden change, or those who have imminent
housing needs due to various reasons (e.g. being unreasonably forced
to move out). Besides, the Assessment Committee of the Funding
Scheme to Support TH Projects by NGOs (AC) has agreed that if
necessary, operators of individual projects can reserve more than 20%of the units for other categories of applicants upon the approval fromAC.

- END 4

LEGCO QUESTION NO. 15(Written Reply)

Asked by Hon YIU Pak-leung

Date of meeting : 26 October 2022
Replied by : Secretary for Education

Reply
Regarding the questions raised by Hon YIU Pak-leung, our reply is as follows –(1) &(2)For University Grants Committee (UGC)-funded universities, under the current
triennial planning mechanism, the UGC only determines the total approved
student number targets by university and study level. Except for the two
disciplines of education and healthcare, the Government does not specify thestudent number targets for individual disciplines/programmes. Universities may,under the principle of institutional autonomy, flexibly deploy their recurrent
subventions allocated in the form of a block grant to determine the programmes tobe offered and the allocation of student places among different disciplines. In the
2019/20 to 2021/22 academic years, the actual admissions of UGC-funded
undergraduate programmes related to hospitality and tourism are set out below –UGC-funded undergraduate programmes related to hospitality and tourism
Academic
year

Actual number offirst year admissions

Actual number ofsenior year admissions

Local

Non-local

Total

Local

Non-local

Total

2019/20

143

62

205

139

0

139

2020/21

136

37

173

135

0

135

2021/22

115

42

157

142

0

142

Notes:(1) The above admission figures include programmes with English titles involving the
keywords “Hospitality” / “Hotel” / “Tourism” / “Travel”.
(2) Non-local students refer to students whose nationality or place of residence is not HongKong.

As regards self-financing post-secondary education institutions, the actual intakesof full-time locally-accredited self-financing sub-degree and undergraduate
programmes related to hospitality and tourism in the 2019/20 to 2021/22
academic years are as follows –Self-financing posts-secondary programmes related tohospitality and tourism
Academic
Actual intakes ofyear
sub-degree programmes

Actual intakes offirst-yearfirst-degree programmes

Actual intakes of
top-up degree
programmes

Local Non-local Total

Local Non-local Total Local Non-local Total

2019/20

1 127

14

1 141

85

16

101

492

32

524

2020/21

811

8

819

51

4

55

497

29

526

2021/22

661

9

670

36

2

38

431

19

450

Notes:(1) The above actual intake figures include programmes with English titles involving the
keywords “Hospitality” / “Hotel” / “Tourism” / “Travel”.
(2) The abovementioned programmes include self-financing post-secondary programmes
provided by the Vocational Training Council (VTC).

The Education Bureau and the UGC do not collect information on the career
pursuits of the graduates of the aforementioned UGC-funded undergraduate
programmes and self-financing post-secondary programmes.
As for the VTC, the actual intakes of subsidised programmes related to hospitality
and tourism and the percentage of graduates working in the restaurant andhospitality industry in the 2019/20 to 2021/22 academic years are as follows –Academicyear
2019/20
2020/212021/22

Actual intakes
Local
Non-local
1 885
4
1 538
1
1 247
0

Percentage of graduates working in thecatering and hospitality industry
33%
34%
Figure not available

(3)From the 2012/13 academic year onwards, all full-time Higher Diploma students(including those in the hospitality discipline) enrolled in the VTC must participate
in Industrial Attachment and complete at least 90 hours of workplace orequivalent training before graduation. Full-time diploma and certificate in
hospitality and tourism students undergo no fewer than 400 hours of simulated
real-life practical training at the VTC's T-Hotel, Training Restaurants andTraining Cafe through the Integrated Learning Experience (ILE) module.
As regards the post-secondary education sector, under the principle ofinstitutional autonomy, the UGC-funded universities and self-financing
institutions have the flexibility to develop programmes that meet market needs
and adjust the curricula of relevant programmes including internshiprequirements. The Education Bureau and the UGC do not collect information on
the requirements for internship hours and the corresponding credits of relevant
post-secondary programmes.
(4)
The Government introduced the Immigration Arrangements for Non-local
Graduates (IANG) in 2008 to allow non-local students (including Mainland
students) to work in Hong Kong after graduating with a bachelor’s degree orhigher qualification from post-secondary institutions in Hong Kong, with a view
to attracting non-local graduates to stay and flourish in the city, thereby enhancing
the quality of our manpower resources and alleviating manpower demand. The
results are notable: as at June 2022, about 107 000 non-local graduates have been
permitted to stay or return to work in Hong Kong. In a bid to further attract
talents and enhance Hong Kong’s competitiveness, the Chief Executive
announced in his 2022 Policy Address to relax the limit of stay under the IANG
from 12 months to 24 months to facilitate non-local graduates to stay or return towork in Hong Kong, and to extend the IANG on a pilot basis to cover graduateswith a bachelor’s degree or higher qualification from Hong Kong universities’
campuses in Mainland cities of the Guangdong – Hong Kong – Macao Greater
Bay Area, so as to attract outstanding talents from these institutions to come toHong Kong for employment. The Government will continue to keep in view theoperation of the IANG. As mentioned by the Chief Executive in his 2022 Policy
Address, regarding the manpower shortage problem faced by different industries,
the relevant policy bureaux will listen to the views of the industries and formulate
solutions with regard to their situation.

LEGCO QUESTION NO. 16(Written Reply)
Asked by : Dr Hon Kennedy WONG Date of meeting : 26 October 2022
Replied by : Secretary for Security
Reply :
President,(1) Regarding the illegal acts relating to the black-clad violence, as at 31
August 2022, the Police had arrested 10 279 persons, of which 1 754
were aged under 18. Among the 2 893 persons being prosecuted, 517
were aged under 18.
Among the cases (involving 2 044 persons) which had completed the
judicial proceedings, about 80% of the persons involved (1 631 persons)had to bear legal consequences, including sentencing upon conviction,community service order, probation order and bind over orders made bycourts, etc.. Among the persons who had to bear legal consequences,
353 were aged under 18 at the time of arrest, with the sentences being
imposed ranged from bind over orders made by courts to imprisonment
for 5 years and 6 months.
(2) In recent years, quite a number of radical persons involved in serious
offences have been admitted to correctional institutions. Having
regard to the rehabilitation needs of relevant persons in custody (PICs),
the Correctional Services Department (CSD) has launched the “Project
PATH”.
Based on three major rehabilitation directions, namely
understanding Chinese history and national education, psychologicalreconstruction and re-establishment of values, and life planning andrebuilding of family relationships, the CSD strives to assist young PICs
who have committed crimes due to radical thoughts to rebuild positive
values and face positively the challenges ahead. The key rehabilitation
programmes under the “Project PATH” are tabulated as follows:
The “Project PATH”“Understanding The “Understanding History is the
Chinese history and
Beginning of Knowledge” educational
national education”
initiative assists PICs to learn the history
and culture of our country throughactivities like virtual reality and e-sports, soas to enhance their sense of national
identity, help them develop positive values
and reflect on the meaning of life, thereby
guiding them back on the right track.
In line with the curriculum reform, values
education has been strengthened, including
moral and civic education, Basic Law
education and National Security Law
education, etc. to enhance young PICs’ lawabiding awareness.

The “Youth Lab”, a psychologicalcounselling programme, helps young PICs
manage emotions through mindfulness
practice and art therapy, so as to enable
them
toundergopsychologicalrehabilitation and rebuilding, thereby
enhancing their respect of the law.

The “Change Lab”, a community-based
psychological service centre, will provide
community-based
psychologicalcounselling for young PICs after release,assisting those young people understatutory supervision order to build up
confidence and psychological resilience forovercoming difficulties and resisting
temptations.

“Life planning and 
rebuilding of family
relationships”

The “Project JET”, a life planning project,
will
providemore
employment
opportunities (including those in the
Greater Bay Area) for young PICs andrehabilitated persons.



Professionals from different sectors havebeen invited to participate in life planning
programmes
heldin
correctional
institutions to assist PICs to prepare
themselves for future employment/studies,and give them guidance on setting their life
goals.

“Psychologicalreconstruction andre-establishment ofvalues”- 2 -The CSD will assign a dedicated case manager to conduct assessment
on each of these PICs so as to identify their special rehabilitation needs.
Each of those PICs will then be matched with appropriate rehabilitation
programmes based on the three major rehabilitation directions asmentioned above, with targets set by stage so that the rehabilitation
programmes could be implemented progressively. Case managers will
regularly assess each case and review the progress of rehabilitation, andprovide assistance to the PICs concerned and adjust the rehabilitation
programmes as and when necessary.
(3) Currently, all young PICs are required to receive Chinese-style foot drill
training. With the CSD’s emphasis of rigorous discipline training, it ishoped that young PICs can be guided to understand the importance ofself-discipline and law-abidingness. For example, for young PICs who
have been directed to undergo training under the Detention Centres
Ordinance (Cap. 239), the CSD will adopt a training model with theobjectives of “Short, Sharp, Shock”, under which young PICs are
required to undergo rigorous discipline training and tough physicaltraining, with a view to helping them understand the heavy price they
have to pay for committing crimes and reflect on their own mistakes
within a short period of time.
(4) The long-standing position of the Hong Kong Special Administrative
Region (HKSAR) Government is to act in accordance with the law byfollowing the principle that “laws are observed and strictly enforced, so
as to bring offenders to account”. In particular, acts and activities that
endanger national security may have very serious consequences, andhence actions must be taken to prevent and suppress such acts andactivities, to ensure that individuals endangering national security will
face legal consequences. Should any person be suspected of engaging
in illegal activities, including those inciting others to engage in acts andactivities endangering national security, the law enforcement agencies
will definitely pursue their legal liabilities, and will not allow them toremain at large.
In addition, to prevent the youth from being incited to engage in illegal
activities, especially acts and activities endangering national security, it
is very important to strengthen national security education and raise lawabiding and national security awareness of the youth. We have beenraising the national security awareness of our youths in different areas,
major initiatives of which include:
- 3 -

(i)

implement national education (including national security
education) in schools;(ii)take forward national education in various sectors of the community:
launching the online virtual exhibition of the National Security Law,organising the “2022 Let’s Join Hands in Safeguarding National
Security” Programme by the Security Bureau and the Education
Bureau, and producing Announcements in the Public Interest to
highlight the effectiveness of the National Security Law, etc.;(iii)

activities of the “National Security Education Day 2022”: since2021, the Committee for Safeguarding National Security of the
HKSAR has been organising the annual “National Security
Education Day” to raise Hong Kong residents’ awareness onnational security; and(iv)

youth groups of disciplined services departments: continue to takeforward national security education for members of the youth
uniformed groups of disciplined services departments, with a viewto raising the national security awareness of the youth.

In the year ahead, we will continue to raise the national security
awareness of the youth through various channels. Major initiatives
include: to enhance the national security awareness of about 10 000
members of youth uniformed groups of disciplined services
departments; continue to enhance the content of the National Security
Law online virtual exhibition; and continue to take forward the “2023
Let’s Join Hands in Safeguarding National Security” Programme.
As for PICs who have been released, depending on factors such as theage of the relevant persons, the offences committed and the sentences
imposed by the court, they will be provided with statutory supervision
after release in accordance with the relevant legislation, so as to ensurethat appropriate support and guidance are provided to help them lead a
law-abiding life after release and facilitate their reintegration into thecommunity. When PICs are serving their sentences in correctional
institutions, supervising officers will start establishing good rapport
with them and maintaining contact with their families to better preparethem for future return to society. Supervising officers will continue toprovide close supervision to the PICs concerned after release throughregular visits to the supervisees’ homes or workplaces.
Besides, the CSD will set up a community-based psychological service- 4 -centre, the “Change Lab”, by the end of this year to provide communitybased psychological counselling for young PICs after release. The
services aim to assist young people under a statutory supervision orderto build confidence and psychological resilience for overcoming
difficulties and resisting temptations, as well as strengthen therelationships between supervisees and their families, thereby breaking
the cycle of crime and facilitating their reintegration into society.

- 5 -LEGCO QUESTION NO. 17(Written Reply)

Asked by Hon CHAN Hoi-yan

Date of meeting : 26 October 2022
Replied by : Secretary for Health

Reply
President,
In consultation with the Department of Health (DH), the Food and Environmental
Hygiene Department (FEHD) and the Leisure and Cultural Services Department(LCSD), the reply to various parts of the question raised by the Hon Chan Hoi-yan
is as follows –(1) and (4)Amoeba is a type of unicellular organism with over 2 000 different known
species. It is very common in nature environment around the world, including
soil and fresh water. Very few free living amoebae in the environment are known
as agents of human infections and related invasive infections are rare.
Different species of amoeba may cause different diseases, including amoebic
dysentery, keratitis, meningoencephalitis, etc. Among them, amoebic dysentery
is a statutorily notifiable infectious disease. In accordance with the Prevention
and Control of Disease Ordinance (Cap. 599), all registered medical practitioners
are required to notify the Centre for Health Protection of the DH all suspected orconfirmed cases of notifiable infectious diseases.
Amoebic dysentery is an intestinal infection caused by a protozoan parasite called
Entamoeba histolytica. Transmission of amoebic dysentery occurs mainly
through the faecal-oral route, including eating and consumption of contaminatedfood or water. Amoebic dysentery is more common in developing countries andtropical areas with poor sanitary conditions.
In the past decade, the Centre for Health Protection recorded a total of 89 cases ofamoebic dysentery (including 67 local cases), including one fatal case in early2020. The patient concerned had a travel history in late 2019. The Centre does
not keep any statistics regarding cases arising from contacting with stream water-1-

or drinking mountain water. The breakdown of the aforesaid 89 cases by year is
as follows –
Year
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022*
Total

Number of cases of amoebic dysentery
7
4
11
5
3
10
5
15
9
9
11
89

*as of 12 October 2022

(2)
At present, the LCSD is responsible for the management of public swimming
pools while the FEHD is responsible for the licensing and regulatory work ofprivate swimming pools.
The LCSD attaches great importance to the cleanliness and hygiene of publicswimming pools and has drawn up parameters for monitoring the water quality of
its public swimming pools. Such parameters, which are drawn up with reference
to the guidelines issued by the World Health Organization and in consultation
with the DH, include the free residual chlorine, pH value, total bacteria count andturbidity of pool water. The public swimming pools under the LCSD are wellequipped with filtration and disinfection systems. Water of the swimming pools
is continuously filtered and disinfected throughout the opening hours. Dedicated
LCSD staff members are deployed to take water samples from swimming poolson an hourly basis for testing the level of free residual chlorine and pH value toensure that the water quality is up to standard. In addition, the LCSD has also
commissioned accredited laboratories to conduct testing on the pool water of its
swimming pools on a weekly basis to ascertain that the water quality is up to therelevant standard. To maintain proper functioning of the filtration anddisinfection systems of swimming pools, the works departments concerned willconduct regular checking for the systems, and carry out comprehensive
inspections and maintenance works during annual maintenance to ensure that thesystems can maximise their effectiveness.
-2-

Regarding private swimming pools, the FEHD issues Swimming Pool Licences
under the Swimming Pools Regulation (Cap. 132CA), so as to ensure that thewater quality of these swimming pools will not affect public health when they areopen for use. Cap. 132CA sets standards for water quality, including
bacteriological quality, clarity, pH value, etc. Monthly inspections and poolwater sampling for bacteriological examinations are conducted by the FEHD staff
members during the opening time of swimming pools, while pool water samplingfor chemical analysis for water clarity is conducted annually. Besides, as requiredby the licensing conditions, licensees shall arrange tests on pH value of pool waterat least once every day. Cap. 132CA also stipulates that the swimming pool beequipped with a water filtration system or renewing new water from the source,
and the number of times of changing the pool water to ensure that the pool water
meets the standards of water quality. In addition, the licensing conditions for the
Swimming Pool Licence include requirements for the free residual chlorine
content.
Under normal circumstances, amoeba cannot survive in properly maintained andchlorinated pool water. Members of the public are also advised to avoid
swallowing water while swimming, and not to swim for at least two weeks after
diarrhoea stops.
(3)
To ensure the cleanliness and hygiene of the public swimming pool water, the
LCSD has drawn up guidelines under which the fee residual chlorine level must
be maintained within the range of one to three part per million. If deviation fromthe parameters is found in the daily testing of pool water, such as a drop in thelevel of free residual chlorine, venue staff will immediately rectify the situationaccording to the established guidelines. No cases of inadequate level of freeresidual chlorine in public swimming pool water have been recorded by the LCSD
in the past ten years.
In addition, according to the licensing conditions of the Swimming Pool Licenceof the FEHD, the free residual chlorine content of the pool water shall bemaintained at a level of not less than 1 part per million (where chlorinecompounds are used for disinfecting the pool water) or 0.5 part per million (wherechlorine compounds are used to supplement disinfection by ozone of the poolwater) at any time during which the private pool is in use by bathers. The
licensees should have a set of testing kit for daily testing of the concentration offree residual chlorine in the pool water. They are required to test the pool water
not less than once per day for its free residual chlorine content. The results ofsuch tests shall be properly recorded for inspection by the FEHD officers. In the-3-past ten years, no case about insufficient amount of free residual chlorine inlicensed swimming pools has been received by the FEHD.
(5)
Currently, the website of Centre for Health Protection has set out healthinformationonamoebic
dysenteryforpublic’sreference(https://www.chp.gov.hk/en/healthtopics/content/24/11.html). Depending on thelocal situation and the need, publicity will be strengthened (including Facebook
page, YouTube channel, television, radio station, health education infolines,
newspapers, media interviews, etc.).
-End-

-4-

LEGCO QUESTION No. 18(Written Reply)
Asked by Hon Michael TIEN

Date of meeting : 26 October 2022
Replied by : Chief Secretary for
Administration

Reply
President,
The reply to the question raised by the Hon Michael Tien is as follows:
In April 2005, the government appointed the Independent Commission on
Remuneration Package and Post-office Arrangements for the Chief
Executive of the Hong Kong Special Administrative Region (the Independent
Commission) to consider and make recommendations on the remuneration
package and post-office arrangements for the Chief Executive (CE). The
Independent Commission completed its study and submitted its report to thegovernment in June 2005. The recommendations in the report included theprovision of support and other life-long benefits for all former CEs. The
government accepted the recommendations of the report and presented thesame to the Finance Committee of the Legislative Council (FC) in November
2005 and obtained its approval of the financial arrangements for
implementing the recommendations.
Since then, the government has been providing support and other life-long
benefits, including office accommodation and administrative support, for all
former CEs to support them in performing promotional and protocol-related
functions for Hong Kong after leaving office, for example receiving visiting
dignitaries and delegations, giving local and overseas media interviews,
attending functions and events, and taking part in speaking engagements.
The Office of Former Chief Executives of the HKSAR (FCEO) provides
administrative support to former CEs including scheduling and making
arrangements for functions and events, handling correspondence andenquiries, and dealing with general administrative duties.

The government set up the FECO at 28 Kennedy Road in 2007. With a totalinternal floor area of about 535 square metres, the premises can provide
accommodation for up to three former CEs at the same time, including
communal facilities like drawing rooms and reception which are available ona shared-use basis. Since the FCEO at 28 Kennedy Road is a property forgovernment’s own use, there is no information about the market rental.
As the FCEO at 28 Kennedy Road has already accommodated three former
CEs, no space was available to set up an office for the fourth former CE.
Taking into account that the new office has to be commensurate with thestatus of a former CE, coupled with the operational requirements including
the location, transport, facilitation for meeting people from different sectors,
and security etc., the Central and Admiralty districts are considered suitable
for setting up the office in question. As there was no suitable government
premises available in the districts at the time, a leasable office unit was
identified at Pacific Place for a tenancy period of three years. We willconsider the arrangement after the tenancy period as appropriate. Taking
into account the operational needs of the FCEO, in particular the need tosupport a former CE in performing promotional and protocol-related
functions, and any other activities in relation to the former official role, suchas receiving visiting dignitaries and delegations, giving local and overseas
media interviews, as well as the overall security arrangements of thecommercial building concerned, Pacific Place meets the FCEO’s
requirements in respect of the overall security arrangements and the protocol
requirements for receiving visiting guests. The office has an internal floorarea of around 267 square metres with a net rent of about $377,000 per month,representing around $1,410 per square metre which is comparable with themarket level.
The scale of the office of the fourth former CE is similar to that of the existing
FCEO at 28 Kennedy Road. Some facilities at 28 Kennedy Road such as
drawing rooms and reception are used on shared basis, enabling the premises
to accommodate three former CEs at the same time. We will continue toprovide the appropriate office accommodation and administrative support toall former CEs in the light of the actual circumstances to facilitate theirperformance of promotional and protocol-related functions for Hong Kong.
-

End -

2

-

LEGCO QUESTION NO. 19(Written Reply)

Asked by Hon Kenneth LAU

Date of meeting: 26/ 10/ 2022
Replied by: Secretary for Environment and Ecology

Reply
President,
Based upon the polluter-pays principle, the Government levies sewage charge on users of
public sewage services in order to recover the operating and maintenance costs of sewage
collection and treatment facilities. According to the Sewage Services Ordinance, anywater user account with the premises connected, whether directly or indirectly, to acommunal drain or a communal sewer for removing wastewater therefrom shall pay asewage charge to the Government.
There are cases of old sewer connections that the Drainage Services Department (DSD)
may not have complete records, and hence may not have been timely levied sewage
charge on. In this regard, DSD has been monitoring the situation of levying sewage
charge from time to time, through searching past records and conducting site inspections,with a view to ascertaining whether the concerned premises are directly or indirectly
connected to communal drains/sewers for discharging wastewater, and hence whether
sewage charge should be levied accordingly. DSD will continue with the above work tomonitor the situation of levying sewage charge, and timely levy backdated sewage
charge.
To ensure that consumers are accurately identified for levying sewage charge, DSD has
since December 2015 required a declaration, during the registration of water supply
account with the Water Supplies Department (WSD), of whether there is any
self-installed septic tank/sewage treatment facility. If it is verified that a septic
tank/sewage treatment facility has been installed and no wastewater is discharged tocommunal drains/sewers, sewage charge will not be levied on the consumer.
I provide a reply to the Honorary LAU’s questions as follows:(1)

With regard to the case of Shan Ha Wai (Tsang Tai Uk), DSD had not had any
1record of the village households discharging wastewater to the public drainage
system at the periphery of the village. During the inspections of sewer
connections at Shan Ha Wai in 2021, DSD noticed that there were houses of Shan
Ha Wai discharging wastewater, via some pipes/ditches inside Shan Ha Wai andother drainage channels, to the public drainage system and dry weather flowinterceptors at the periphery of Shan Ha Wai, and ultimately to the Sha Tin
Sewage Treatment Works for treatment. As a result, upon verifying suchinformation as the registration dates of the concerned water supply accounts andthe commissioning year of the relevant public sewerage system, DSD consideredthat the discharge of wastewater from the concerned premises had met theconditions of levying sewage charge, and thus issued letters in April 2022 toabout 60 households, informing them of levying backdated sewage charge, withpayment periods ranging from several months to six years.
Subsequently, upon being invited by the chairman of the Sha Tin Rural
Committee, DSD met with the village representatives of Shan Ha Wai in June
2022 and explained to them the reasons and details of levying sewage charge,
based on the volume of water supplied to the relevant premises by the Water
Authority. The total value of the concerned sewage charges, calculated at theprescribed rate, is about $120,000, with each ranging from $70 to $8,000. DSD
is currently discussing with the relevant households on their cases, and they canraise objections, with substantiations, which will be duly considered by DSD.
They do not need to pay the backdated sewage charges until DSD has made thefinal decision. Besides, if the relevant households do not agree with the final
decision on the arrangement or amount of backdated sewage charge levied, they
may appeal in accordance with the Sewage Services Ordinance to the
Administrative Appeals Board appointed by the Chief Executive.
(2)

DSD is conducting a review of the above cases, including the arrangement offurther site inspections and discussions with relevant consumers on their specificcircumstances. As aforesaid, since records of sewer connections abound and are
kept being updated, DSD needs appropriate time to verify relevant information,
through searching past records and conducting site inspections, with a view toascertaining whether the concerned premises are directly or indirectly connected
to communal drains/sewers for discharging wastewater, and hence whether
sewage charges should be levied accordingly.

(3)

In the past five years, DSD had issued notices of demand to about 11,600
consumers for backdated sewage charges, thereby recovering about a total of $6.9
million of sewage charges. As aforementioned, the reason of demanding
backdated sewage charges from all the concerned consumers was that DSD, uponchecking past records or conducting site inspections, ascertained that the2concerned premises had been directly or indirectly connected to communal
drains/sewers for discharging wastewater.
(4)

There are currently about 3.2 million water supply accounts in Hong Kong.
When water users open water accounts with WSD, DSD will utilise a computer
system to automatically identify whether the premises are connected to the publicsewerage system, and will levy sewage charge on relevant consumers accordingly.
However, due to discrepancies arising from the address format or other data
entered by some consumers during account registration, there have been cases
where the computer system mistakenly identified some premises as being
connected to communal drains/sewers, thereby levying sewage charge on theconcerned consumers. In the past five years, there had been about 1,000
justified cases of consumers not agreeing to sewage charge being levied on themand applying for refund. The reasons provided were mainly the presence of
septic tanks/other sewage treatment facilities in the premises and no connection
being made to communal drains/sewers.
DSD, upon examining thesubstantiations provided and verifying the concerned addresses and other relevant
information, had refunded a total of about $3.0 million to relevant consumers.
DSD has no record of complaint in this regard.

(5)

The public may call DSD’s Customer Services Section at 2834 9432, fax to 3104
6433, email to customer_services@dsd.gov.hk, or mail to G/F, Western
Magistracy 2A Pokfulam Road, H.K., providing the contact number of theregistered consumer of water account and the account number, for enquiry on
cases that sewage charge is levied on premises that do not discharged wastewater
to communal drains/sewers. DSD will contact the relevant consumers for siteverification and, if it is ascertained that the concerned premises have not beenconnected to communal drains/sewers, DSD will arrange for refund. A remark
has also been included at the back page of water bills reminding consumers that if
sewage charge is levied on premises that are not discharging wastewater tocommunal drains/sewers, the relevant consumers should contact DSD for
following up.
Besides, DSD will monitor the situation of levying sewage charge from time totime and, upon identifying any consumer whose premises are directly or
indirectly connected to communal drains/sewers but is not levied sewage charge,
will issue a notice of intention to levy sewage charge accordingly. If theconcerned consumer does not agree with the relevant arrangement of levying
sewage charge, he/she can provide substantiations to DSD within the notice
period. DSD will examine the substantiations provided and duly follow up on
the case. If the consumer is not able to pay the backdated sewage charge in one
go due to financial difficulty, DSD can provide assistance to him/her to arrange
3

for payment by instalments.
As to the disciplinary aspect, there is a well-established system in the civil service,and those civil servants who have committed misconduct or offence will be
subject to appropriate disciplinary actions.
- End -

4

LEGCO QUESTION 20(Written Reply)
Asked by: Dr Hon Priscilla LEUNG

Date of meeting: 26 October 2022
Replied by: Secretary for Health

Reply:
President:
Based on overseas and local scientific evidence and real-world experience, it isproven that most people are suitable for receiving the CoronaVac and Comirnaty
vaccines currently provided in Hong Kong. Both vaccines are able to reduce
the risks of severe illness and death arising from COVID-19 infection in a safeand efficacious manner.
Doctors are allowed to issue COVID-19 Vaccination Medical Exemption
Certificates (“Exemption Certificates”) under the arrangement of the “Vaccine
Pass” simply to cater for an extremely small number of people who are
unsuitable for receiving the vaccine due to health reasons. That said, the fact isthat these individuals are actually being exposed to a higher risk for not having
been vaccinated. Therefore, the Department of Health (“DH”) has issued to
doctors detailed guidelines listing the medical reasons for being not suitable for
vaccination. Doctors should only issue the Exemption Certificate after
verifying that the person concerned is not suitable to receive the two vaccines
provided in Hong Kong.
In consultation with the Security Bureau, my reply to the question raised by Dr
Hon Priscilla LEUNG is as follows:(1)
The Health Bureau and the DH have referred the relevant private doctors
suspected to have abused the issuance of Exemption Certificates to the Medical
Council of Hong Kong (“Medical Council”) for follow-up on the professional
discipline of the doctors concerned.

The Medical Council is established under the Medical Registration Ordinance(Cap. 161, Laws of Hong Kong) (“Ordinance”) and is empowered to handle
professional discipline of doctors in Hong Kong. Section 26 of the Code ofProfessional Conduct for the Guidance of Registered Medical Practitioners
issued by the Medical Council stipulates that doctors are required to issue reports
and certificates on the basis that the truth of the contents can be accepted without
question. Doctors are expected to exercise care in issuing certificates andsimilar documents, and should not include in them statements which they havenot taken appropriate steps to verify. Any doctor who in his professional
capacity gives any certificate or similar document containing statements which
are untrue, misleading or otherwise improper renders himself liable todisciplinary proceedings. The Medical Council will handle the cases inaccordance with the Ordinance and its subsidiary legislation E, the Medical
Practitioners (Registration and Disciplinary Procedures) Regulation.

(2)
Since March this year, the Police have taken enforcement actions in relation toseven private doctors who have allegedly abused the issuance of Exemption
Certificates.
Police arrested 39 people in relation to the cases thus far, including six doctors,
seven staff and 26 patients. They are suspected to have committed the offencesof “making a false instrument”, “conspiracy to defraud” and “conspiracy to makea false instrument”. Two of the doctors are charged with three counts of “accessto computer with dishonest intent” and two counts of “conspiracy to defraud”
respectively. One doctor is currently wanted by the Police.
Police’s investigation is ongoing and will maintain close liaison with relevant
departments. In investigating if persons issued with Exemption Certificates by
the doctors involved in the cases may be in violation of the law, Police will
holistically consider the circumstances of each individual case and examine all
relevant evidence.

(3)Under the arrangement of the “Vaccine Pass”, a person who is medicallyunsuitable for receiving the two COVID-19 vaccines provided in Hong Kong isrequired to obtain an Exemption Certificate issued by a registered doctor.
In the early stage of the implementation of the Exemption Certificatearrangement, a transitional period was provided so that private doctors could
have sufficient time to register for the eHealth system and make preparations to
issue Exemption Certificates electronically. Both non-electronic and electronic
versions of the Exemption Certificate were accepted during the transitional
period. Subsequently, in early May, in order to monitor the issuance of
Exemption Certificates in a more systematic manner, all Exemption Certificatesmust be issued electronically via the eHealth system or the Hospital Authority’s
computer system. The Exemption Certificates issued via the aforementioned
computer systems will carry an encrypted QR code.
After switching fully to the electronic version, the Government can have a bettergrasp of the issuance situation, pattern, circulation and holders of Exemption
Certificates, etc. through the eHealth system. The relevant information can
assist the Government in conducting risk analysis and taking follow-up actions,
including some recent enforcement actions.
The Chief Executive in Council passed the Prevention and Control of Disease(Vaccine Pass) (Amendment) Regulation 2022 (“Amendment Regulation”) on
October 25, empowering the Secretary for Health to declare specified Exemption
Certificates as invalidated under situations specified in the Amendment
Regulation.
We will continue to enhance the monitoring mechanism and closely monitor theissuance of Exemption Certificates by doctors.
If any irregularities,
contravention of the Code of Professional Conduct for the Guidance ofRegistered Medical Practitioners or criminal acts are found, the Government will
firmly follow up, and will consider invoking the powers mentioned above todeclare the relevant Exemption Certificate as invalidated. We will also pass therelevant information to the Medical Council and enforcement departments forfollow-up as appropriate.
- End -

LEGCO QUESTION NO. 21(Written Reply)

Asked by: Ir Dr Hon LO Wai-kwok

Date of meeting : 26 October 2022
Replied by : Secretary for Development

Reply
President,

The Government is committed to the proper management of tree assets toensure healthy tree growth and with safeguarding public safety as the prime
objective. In respect of the questions raised by the Hon LO Wai-kwok, thereply is as follows:(1) The Government adopts an ‘integrated approach’ in conserving andmanaging our tree, under which departments responsible for maintaining thegovernment facilities or land allocated to them are responsible for taking care of
the trees thereon in accordance with the requirements and guidelines
promulgated by the Development Bureau (DEVB). This approach allows
departments, while observing standing rules and regulations, to carry out
appropriate routine tree maintenance effectively having regard to their specificwork plans and internal arrangement.

The Tree Management Office (TMO) of the DEVB co-ordinates departmental
tree management work at the policy level. In order to systematically conduct treerisk assessments to reduce the risk of tree collapse, the TMO promulgated the‘Guidelines for Tree Risk Assessment and Management Arrangements’ in 2010

(‘Guidelines’) and has been revising and enhancing the content continuously asnecessary. The latest version (9th version) of the ‘Guidelines’ was formulated in2020 to provide practical methods for tree management departments and the
public in tree risk assessment and management.

Before the onset of wet season every year, the tree management departments
conduct tree risk assessment in areas with high pedestrian and vehicular flow
according to the ‘Guidelines’ issued by the TMO. The ‘Guidelines’ list anddescribe various types of overall health and structural condition of trees to beattended to, the items to be assessed and the assessment tools to be used, for theinspection officer to make reference to, so that the tree risk assessment can be
conducted correctly. The tree management departments will take appropriate
mitigation measures according to the results of the tree assessment, including
crown pruning and removal of dead branches. If the tree with risks of failure is
identified, the tree management departments will remove it as soon as possible toensure public safety.

In the past three years, the number of tree inspections conducted by the tree
management departments in areas with high pedestrian and vehicular flow, thenumber of problematic trees and the number of trees handled or removed are
given in the table below:

Number of trees
handledNumber of treeinspections
Number ofYear(Generally, each inspection
covers multiple trees, and the problematic
trees
number of inspections does
not represent the inspection
efforts)*

2021-2243 56220 9552020-2143 38618 529Mitigation
measurescompleted

Trees
Removed14 596

6 359

(70%)

(30%)

12 3136 216

2019-20

47 96120 823

(66%)

(34%)

13 023

7 800

(63%)

(37%)

Apart from conducting tree risk assessment and follow-up treatment for about
one million trees in urban areas with high pedestrian and vehicular flow every
year, tree maintenance also forms part of the routine management duties of therelevant facilities. The number of this kind of routine tree inspection andmaintenance work have not been recorded separately.

In order to strengthen tree inspections, the TMO set up the Inspection Squad in
October 2019 to systematically inspect and audit the tree inspection reports
completed by the departments every year. This work ensures that the tree risk
assessment work is carried out in a professional manner. Every year, theInspection Squad randomly selects some 5% of the tree inspection reports
completed by the departments for auditing to ensure departments have observedthe ‘Guidelines’ in conducting their work. In addition, the Inspection Squad
proactively inspects trees in no less than 100 locations with high pedestrian andvehicular flow every year. In case a problematic tree is identified, the Inspection
Squad will immediately request the relevant department to take follow-up
actions to ensure public safety.

Proper tree maintenance and systematic tree risk assessment are effective means
to reduce the risk of tree failure. However, like other living organisms, trees willgo through stages of a life cycle, including growth, aging, sickness and death.
Numerous physiological and environmental factors may interact and affect tree
health and stability. Unforeseeable variables inevitably exist. In the past threeyears, the number of fallen trees accounted about 0.03 % of the total number oftrees in locations of high pedestrian and vehicular flow in Hong Kong. We willcontinue to work closely with departments to reduce the risk of tree failure andensure public safety.

(2) The TMO has been actively exploring the application of various smart
technologies for tree management. Regular meetings with departments werearranged to share and exchange the development and application of various tree
management technologies and various trial studies among departments wereconducted.

At present, departments have widely used resistograph andtomograph technology to detect the internal decay of trees. In addition, we havealso tried tree tilt sensors, tree labels with QR codes, tree management common
platform, remote sensing multispectral images, 3D LiDAR sketching, mobile
mapping systems, and the use of drones to assist in tree inspections. The TMO isalso working with departments to study the use of penetrating radar devices toinspect tree roots, and the use of aerial photos and remote sensing technology fortree health monitoring, etc., in order to enhance efficiency of tree inspections andstrengthen tree risk management.

(3) The DEVB has set up a Task Force chaired by the Permanent Secretary for
Development (Works) in September this year to review the existing tree
management guidelines, including the tree risk assessment and management
arrangement, methods of tree inspection (including application of technology
and instruments), tree species planted by the roadside, aboveground andunderground growth spaces for trees, soil quality management requirements, etc.
The Task Force will also monitor the work and implementation by departments
after tree inspections, and consider whether the relatively large trees along theexisting roads are compatible with the current environment and explore thedirection of treatment, and will put forward appropriate enhancement andimprovement suggestions on the above-mentioned issues. The Task Force plans
to submit a report to the Secretary for Development at the end of this year.

- End -

LEGCO QUESTION NO. 22(Written Reply)

Asked by Hon Jeffrey LAM

Date of meeting : 26 October 2022
Replied by : Secretary for Education

Reply
President,
The Education Bureau (EDB) has all along been committed to maintaining ateaching profession of high quality and closely monitors the manpower situationof teachers in public sector schools and Direct Subsidy Scheme schools for timely
and appropriate measures to ensure the quality of education and smooth operationof schools. There are various reasons for teacher wastage, which mainly include
retirement, pursuing further studies, changing to other types of schools (such as
special schools), taking up employment outside the teaching profession, andleaving the post due to other personal reasons. According to our observation,although the wastage rate of teachers in the 2021/22 school year is higher thanthat of previous years, the operation of schools is smooth in general and schools
have sufficient newly employed qualified teachers (including newly-joinedteachers and those re-joining the teaching profession) to take up the teaching
duties. With the declining school-aged population, the demand for teachers would
decrease correspondingly.
Our reply to the Hon Jeffrey LAM’s question is as follows:(1)

The EDB has implemented quite a number of measures to support school
development and provide teachers with a stable teaching environment anda better career prospect in recent years. These measures include full
implementation of all-graduate teaching force policy in the 2019/20 school
year; establishment of a Professional Ladder for Teachers and improvementof the manpower of vice-principals in public sector primary and secondary
schools, as well as the manpower of senior teachers and ranking
arrangements of principals in public sector secondary schools in the2020/21 school year; and improvement of manpower at the middle
management level, rationalisation of the pay structures for school heads anddeputy heads in primary schools and enhancement of teachers’ promotion
prospects starting from the 2022/23 school year. Through diversifiedprofessional development programmes, the EDB also strives to strengthen
the professional competencies of in-service teachers and principals, andbroaden their horizons.
The above measures help increase theattractiveness of the teaching profession and at the same time retain talent.
(2)

The School Management Committees (SMCs)/Incorporated Management
Committees (IMCs) of aided schools are responsible for the managementof schools, including the appointment and deployment of staff. Subject tocompliance with the Education Ordinance as well as relevant legislations
and requirements, schools may, by taking into account their circumstancesand needs, select and appoint qualified and suitable persons to take upteaching duties to cater for the development and operational needs of theschools. Schools may also consider appointing qualified non-teaching staff(such as teaching assistants) to fill the teaching posts.
Besides, in view of the keen demand from primary schools for teachers withexpertise in STEAM (Science, Technology, Engineering, Arts andMathematics) education related subjects, the EDB provides flexibility for
employment of teachers in aided primary schools for three years startingfrom the 2022/23 school year, allowing schools to employ holders ofbachelor’s degree in STEAM-related subjects but without teacher training
in primary education as STEAM teachers, with a view to facilitating
schools in the implementation and promotion of STEAM education. These
measures also help attract talents with related expertise to join the teachingprofession.

(3)

The EDB has been providing additional support and increasing manpower
for schools in recent years and the teacher-to-pupil (TP) ratios of schools
and kindergartens have continuously improved with no occurrence ofimbalance. Over the past five school years (from the 2017/18 to 2021/22
school years), the TP ratios have decreased from 1:11.6 to 1:11.1 in public
sector secondary schools; from 1:13.8 to 1:12.4 in public sector primaryschools; and from 1:8.6 to 1:8.0 in kindergartens.
School sponsoring bodies may re-deploy their teaching staff from time totime according to the needs of individual schools under their management.
Being the school sponsoring body of government schools, the EDB would
take into account a basket of factors when deploying teachers ingovernment schools, including the overall development of government
schools, situations of individual schools, manpower requirements ofteachers in different subjects, professional development of staff andarrangements for promotion. Given that the situations of teachers ingovernment schools and other public sector schools are different in terms
2

of employers and employment terms, while the governance frameworks ofdifferent schools may also vary, the EDB would not centrally assign
teachers to teach in different schools. School sponsoring bodies may redeploy their teaching staff according to their needs.
(4)

The EDB does not collect data on Hong Kong permanent and nonpermanent residents for statistical purposes, nor require schools to reporttheir manpower shortage situation. Therefore, we are unable to provide therequested information.
A non-Hong Kong permanent resident who holds teacher qualifications andrelevant proof issued by the Hong Kong Immigration Department (such asa valid employment visa) may apply for registration as a teacher. In
addition, the Government has implemented the Native-speaking English
Teacher (NET) Scheme in public sector secondary schools and primaryschools to enrich students’ learning experiences in language learning andstrengthen the English learning environment. NETs have also collaborated
with local English teachers in enhancing curriculum development,
language learning and teaching as well as assessment strategies. Both local
and overseas NETs may apply.

3Appendix 2
Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill
Committee Stage
Amendments moved by the Secretary for Justice
ClauseAmendment Proposed5(1)(e)By deleting “the insolvency of an entity other than a natural person” andsubstituting “a specified corporate process”.

5(2)In the definition of specified election proceedings, in paragraph (a), by
deleting “181” and substituting “188”.

5(2)By adding in alphabetical order—“specified corporate process (指明法團程序)—(a) in relation to a Mainland Judgment—means areorganization, compromise or bankruptcy liquidation
mentioned in Article 7 of the Enterprise Bankruptcy Lawof the People’s Republic of China (a translation of “《中華人民共和國企業破產法》”); and(b) in relation to a Hong Kong Judgment, means—(i) the winding up of an entity other than a natural
person; or(ii) an arrangement or a compromise sanctioned by the
Court under section 673(2) of the Companies
Ordinance (Cap. 622);”.

20

By deleting “specified under section 21(1) or mentioned in” andsubstituting “mentioned in section 21(1) or specified under”.

21

By deleting subclauses (1) and (2) and substituting—“(1) An application to set aside the registration of a registeredjudgment, or any part of such a judgment, may be made by aperson within 14 days after the date on which a notice ofregistration is served on the person under section 13(3)(b).

1(2) However, the Court may, when making a registration order fora Mainland Judgment in a civil or commercial matter, or any
part of such a Judgment, to be registered, specify a longer or
shorter period within which an application for setting aside theregistration may be made.”.
21(3)(a)By deleting “specified under subsection (1) or mentioned in” andsubstituting “mentioned in subsection (1) or specified under”.

2Appendix 3

Appendix 4

Wording of the Resolution"That the notice, as annexed to this Resolution, which
specifies the revised criteria that a person must satisfy
before the Commissioner of Police may, under the
Security and Guarding Services Ordinance, issue to him asecurity personnel permit, be approved."AnnexSECURITY AND GUARDING SERVICES ORDINANCE(Chapter 460)
(Notice under section 6(1)(b)(i))
CRITERIA FOR ISSUING A SECURITY PERSONNEL PERMITTake notice that, pursuant to section 6(1)(b)(i) of the Security and Guarding Services
Ordinance, the Security and Guarding Services Industry Authority (hereafter referred
to as ‘the Authority’) hereby specifies the following revised criteria (hereafter referred
to as ‘the revised criteria’), which replace the ones published in G.N. 9730 on
18 December 2015 with effect from the day on which the notice is published in theGazette, for issuing a permit under the said Ordinance. The criteria specified below
in relation to a particular type of security work must be satisfied by a person before theCommissioner of Police may issue to him a permit under the said Ordinance to do thattype of security work.
(A)

Guarding work restricted to a ‘single private residential building’, theperformance of which does not require the carrying of arms andammunition (See Note 1)

(a)

Age

The applicant must be 18 years of age or above on
the date of application.

(b)

Fitness

The applicant must be physically fit to perform thejob. If the applicant is 65 years of age or above,
he/she must produce a medical certificate issued
by a registered medical practitioner (see Note 2) tocertify that he/she is fit to undertake the duties
required. If the applicant is aged below 65, a
medical certificate issued by a registered medical
practitioner (see Note 2) may be required if theCommissioner of Police reasonably considers
necessary.

(c)Good Character

The applicant must be of good character having
regard to his employment history, criminal records(see Note 3) and other relevant factors.

-2-

(d)

Proficiency in Security
Work

The applicant must satisfy one of the followings:－(i)

He/She must have sat and passed a trade test
recognized by the Authority and announced
in a manner that it thinks fit, within 1 year
before submitting his/her application; or(ii) He/She must have not less than 3 years of
cumulative
workingexperienceinperforming security work lawfully in Hong
Kong over the past 5 years immediately
before submitting his/her application (Note4); or(iii) He/She must have not less than 1 year of
cumulative
workingexperienceinperforming security work lawfully in Hong
Kong over the past 2 years immediately
before submitting his/her application (Note4); or(iv) He/She must have sat and passed a courseend examination, within 1 year before
submitting his/her application, of a security
training course that has met the requirementsof a scheme for quality assurance that has
been endorsed by the Authority andannounced in a manner that it thinks fit.

(B)

Guarding work in respect of any persons, premises or properties, theperformance of which does not require the carrying of arms andammunition and which does not fall within Category A

(a)

Age

The applicant must be 18 years of age or above.
The upper age limit for engaging in this type of
security work is 70 years.

-3-

(b)

Fitness

The applicant must be physically fit to perform thejob. If the applicant is 65 years of age or above,
he/she must produce a medical certificate issued
by a registered medical practitioner (see Note 2) tocertify that he/she is fit to undertake the duties
required. If the applicant is aged below 65, a
medical certificate issued by a registered medical
practitioner (see Note 2) may be required if theCommissioner of Police reasonably considers
necessary.

(c)Good Character

The applicant must be of good character having
regard to his employment history, criminal records(see Note 3) and other relevant factors.

(d)Proficiency in Security
Work

The applicant must satisfy one of the followings:－(i)

He/She must have sat and passed a trade test
recognized by the Authority and announced
in a manner that it thinks fit, within 1 year
before submitting his/her application; or(ii) He/She must have not less than 3 years of
cumulative
workingexperienceinperforming security work lawfully in Hong
Kong over the past 5 years immediately
before submitting his/her application(Note 4); or(iii) He/She must have not less than 1 year of
cumulative
workingexperienceinperforming security work lawfully in Hong
Kong over the past 2 years immediately
before submitting his/her application(Note 4); or(iv) He/She must have sat and passed a courseend examination, within 1 year before
submitting his/her application, of a security
training course that has met the requirementsof a scheme for quality assurance that has
been endorsed by the Authority andannounced in a manner that it thinks fit.

-4-

(C)

Guarding work, the performance of which requires the carrying ofarms and ammunition

(a)

Age

The applicant must be 18 years of age or above.
The upper age limit for engaging in this type of
security work is 60 years.

(b)

Fitness

The applicant must be physically fit to perform thejob. A medical certificate issued by a registered
medical practitioner (see Note 2) may be required
if the Commissioner of Police reasonably
considers necessary.

(c)Good Character

The applicant must be of good character having
regard to his employment history, criminal records(see Note 3) and other relevant factors.

(d)Proficiency in Security
Work

The applicant must satisfy one of the followings:－(i)

He/She must have sat and passed a trade test
recognized by the Authority and announced
in a manner that it thinks fit, within 1 year
before submitting his/her application; or(ii) He/She must have not less than 3 years of
cumulative
workingexperienceinperforming security work lawfully in Hong
Kong over the past 5 years immediately
before submitting his/her application(Note 4); or(iii) He/She must have not less than 1 year of
cumulative
workingexperienceinperforming security work lawfully in Hong
Kong over the past 2 years immediately
before submitting his/her application(Note 4); or(iv) He/She must have sat and passed a courseend examination, within 1 year before
submitting his/her application, of a security
training course that has met the requirements

-5-of a scheme for quality assurance that has
been endorsed by the Authority andannounced in a manner that it thinks fit.
(e)Arms Licence

The applicant must possess a valid arms licence
for the arms used on duty issued by theCommissioner of Police.

(D)

Installation, maintenance and/or repairing of a security device and/or
designing (for any particular premises or place) a system
incorporating a security device

(a)

Age

The applicant must be 18 years of age or above.

(b)

Proficiency

The applicant shall have received appropriate
training or can demonstrate the capability andproficiency (see Note 5) in the skills/techniquerequired in performing his/her job.

(c)Good Character

The applicant must be of good character having
regard to his employment history, criminal records(see Note 3) and other relevant factors.

(d)Certification of
On his/her first application for a permit, theEmployment by Prospective applicant must produce a letter of employment
Employerfrom the prospective employer.

Notes(1) A single private residential building means an independent* structure:(a) covered by a roof and enclosed by walls extending from the foundation to theroof, and(b) used substantially for private residential purpose; and(c) with only one main access point+.
* A building is considered to be independent from another if on most of thefloors, one cannot get access to the quarters on the same floor in the otherbuilding without going to an upper/lower floor, roof or the street.
+‘Main access point’ means the entrance gate or lift lobby or staircase
commonly used by residents to gain access to their flats. This excludes
emergency and fire exit.
(2) A Registered medical practitioner means a person who is registered under the
Medical Registration Ordinance (Cap 161). A standard medical certificate form
is available from the Licensing Office of the Hong Kong Police Force. The

-6-

medical certificate must be issued by a registered medical practitioner within fourmonths before the applicant submits the application.
(3) The Commissioner of Police shall consider the nature of the criminal offence
committed by the applicant and may refer the application to the Security andGuarding Services Industry Authority for decision under section 14(5)(b) of the
Security and Guarding Services Ordinance. No person will normally be granted
a permit if he/she:(a) was convicted of any offence specified in column 2 of Schedule 2 to the
Security and Guarding Services Ordinance and the penalty imposed on him/her
for that offence is the corresponding penalty specified in column 3 of that
Schedule, within 5 years before submitting his/her application; or(b) is currently on probation, bound over, remission or suspended sentence; or(c) is within 3 years of release from a term of imprisonment; or(d) was convicted of 3 or more offences within 5 years before submitting his/her
application. Offences involving fixed penalty tickets, traffic summons,
illegal hawking, article obstruction, littering, jaywalking and failing to answer
Police or Court bail are considered minor and will be excluded.
(4) Working experience may be substantiated by relevant documentary evidence,certification provided by employers or a statutory declaration of experience by theapplicant.
(5) The applicant shall attach copies of certificate of relevant technical training, orrecord of employment showing his/her experience in this type of security work.

Jane Curzon LO, Chairman, for and on behalf of the
Security and Guarding Services Industry Authority

Appendix 5

RULES OF PROCEDURE OF THE LEGISLATIVE COUNCIL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION____________________________________RESOLUTION(Pursuant to Rule 77(1) and (2) of the Rules of Procedure of theLegislative Council of the Hong Kong Special Administrative Region)____________________________________RESOLVED that –(a) the amended terms of reference and list ofcorresponding bureaux/bodies in respect of theexisting 18 Panels formed by resolutions made andpassed by this Council at its meetings of 8 July 1998,
20 December 2000, 9 October 2002, 11 July 2007
and 2 July 2008, the renaming of the Panel on Home
Affairs as the Panel on Home Affairs, Culture andSports, and the renaming of the Panel on Commerceand Industry as the Panel on Commerce, Industry,Innovation and Technology, as recommended by theHouse Committee, set out in the Schedule, be
approved; and(b) this Resolution is to come into operation on the dayon which it is made and passed by theLegislative Council.

SCHEDULE
Panel onCorresponding
Bureau/Body

Policy Areas

Terms ofReference1.

Manpower(a) Labour andWelfare Bureau(b) Education Bureau

labour,manpowerplanning,
vocational training and education,and qualifications framework

Part 1

2.

Commerce,(a) Commerce andIndustry,
EconomicInnovation andDevelopment
Technology
Bureau(b) Innovation,
Technology andIndustry Bureau(c) Constitutional andMainland Affairs
Bureaucommerce, industry, business andservices promotion, innovation
andtechnology,
intellectual
property protection and inward
investment promotion

Part 2

3.

Public Service(a) Civil Service
Bureau(b) Financial Services
and the Treasury
Bureaumatters relating to the civil service
and Government-funded publicbodies, and other public service
organizations

Part 3

4.

Administration(a) Judiciaryof Justice and (b) Department ofLegal Services
Justice(c) Administration
Wing of the Chief
Secretary for
Administration’s
Officematters
relating
totheadministration of justice and legal
services

Part 4

5.

Home Affairs, (a) Home and Youth
CultureandAffairs Bureau
Sports(b) Culture, Sports andTourism Bureau

district, community and rural
matters, civic education, building
management,
youth
matters,
women matters, Family Council,
provision of leisure and cultural
services, development of arts andculture, public entertainment,
sports and recreation

Part 52

Panel on

Corresponding
Bureau/Body

Policy Areas

Terms ofReference

6.

Transport

Transport andLogistics Bureau

transport

Part 6

7.

Housing

Housing Bureau

private and public housing

Part 7

8.

Security(a) Security Bureau
security, public order, public(b) Independent
safety, corruption-related matters,
Commission
nationality and immigration
Against Corruption

Part 89.

Constitutional
Affairs(a) Constitutional andMainland Affairs
Bureau(b) Labour andWelfare Bureau

matters relating to implementationof the Joint Declaration and the
Basic Law, relations between the
Hong
Kong
SpecialAdministrative
RegionGovernment and the Central
People’s Government and other
Mainland authorities, electoral
matters, district organizations,human rights, personal dataprotection and press freedom

Part 9

10. Food Safety and Environment andEnvironmental
Ecology Bureau
Hygienefoodsafety,environmental
hygiene, agriculture and fisheriesPart 10

11. Financial Affairs

Financial Services andthe Treasury Bureau

financial and finance matters

Part 11

12. Education

Education Bureau

education

Part 12

13. Development

Development Bureau

lands, buildings, planning, watersupply,development-related
heritage conservation, Public
Works Programme and otherworks matters

Part 13

14. Welfare Services (a) Labour andWelfare Bureau(b) Home and YouthAffairs Bureau

welfare, rehabilitation services,
poverty and social enterprisePart 143

Panel on

Corresponding
Bureau/Body

Policy Areas

Terms ofReference

15. Information(a) Commerce andTechnology andEconomic
Broadcasting
Development
Bureau(b) Innovation,
Technology andIndustry Bureau(c) Culture, Sports andTourism Bureau

information
technology,
telecommunications,broadcasting, film services andcreative industry

Part 15

16. Economic
Development(a) Commerce andEconomic
Development
Bureau(b) Transport andLogistics Bureau(c) Culture, Sports andTourism Bureau

matters relating to economic
infrastructureandservices,
including air and sea transportfacilities and services, postal
services, consumer protection,competition policy and tourism

Part 16

17. Health Services

Health Bureau

medical and health services

Part 17

18. Environmental
Affairs

Environment andEcology Bureau

environmental matters, energy
matters (including energy supply
andsafety),conservation,
sustainable development andweather information services

Part 18

4

Part 1Legislative Council
Panel on Manpower
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to labour, manpower planning, vocational training and education,and qualifications framework.

2.

To provide a forum for the exchange and dissemination of views on the above
policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by theRules of Procedure.

Part 2Legislative Council
Panel on Commerce, Industry, Innovation and Technology
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to commerce, industry, business and services promotion, innovationand technology, intellectual property protection and inward investment
promotion.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 3Legislative Council
Panel on Public Service
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to the civil service and Government-funded public bodies, and otherpublic service organizations.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 4Legislative Council
Panel on Administration of Justice and Legal Services
Terms of Reference1.

To monitor and examine, consistent with maintaining the independence of
the Judiciary and the rule of law, policy matters relating to the administrationof justice and legal services, including the effectiveness of theirimplementation by relevant officials and departments.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 5Legislative Council
Panel on Home Affairs, Culture and Sports
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to district, community and rural matters, civic education, building
management, youth matters, women matters, Family Council, provision ofleisure and cultural services, development of arts and culture, public
entertainment, sports and recreation.

2.

To provide a forum for the exchange and dissemination of views on the above
policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by theRules of Procedure.

Part 6Legislative Council
Panel on Transport
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to transport.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy area prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 7Legislative Council
Panel on Housing
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to private and public housing.

2.

To provide a forum for the exchange and dissemination of views on the above
policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above policy
matters referred to it by a member of the Panel or by the House Committee.

5.

To make reports to the Council or to the House Committee as required by theRules of Procedure.

Part 8Legislative Council
Panel on Security
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to security, public order, public safety, corruption-related matters,
nationality and immigration.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 9Legislative Council
Panel on Constitutional Affairs
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to implementation of the Joint Declaration and the Basic Law,relations between the Hong Kong Special Administrative Region
Government and the Central People’s Government and other Mainlandauthorities, electoral matters, district organizations, human rights, personal
data protection and press freedom.

2.

To provide a forum for the exchange and dissemination of views on the above
policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in the above policy areas prior to their formal introduction
to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by theRules of Procedure.

Part 10
Legislative Council
Panel on Food Safety and Environmental Hygiene
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to food safety, environmental hygiene and agriculture and fisheries.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 11
Legislative Council
Panel on Financial Affairs
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to financial and finance matters.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 12Legislative Council
Panel on Education
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to education.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy area prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 13Legislative Council
Panel on Development
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to lands, buildings, planning, water supply, development-related
heritage conservation, Public Works Programme and other works matters.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 14
Legislative Council
Panel on Welfare Services
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to welfare, rehabilitation services, poverty and social enterprise.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 15
Legislative Council
Panel on Information Technology and Broadcasting
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to information technology, telecommunications, broadcasting, film
services and creative industry.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 16
Legislative Council
Panel on Economic Development
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to economic infrastructure and services, including air and sea
transport facilities and services, postal services, consumer protection,competition policy and tourism.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 17
Legislative Council
Panel on Health Services
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to medical and health services.

2.

To provide a forum for the exchange and dissemination of views on theabove policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above
policy matters referred to it by a member of the Panel or by the House
Committee.

5.

To make reports to the Council or to the House Committee as required by
the Rules of Procedure.

Part 18
Legislative Council
Panel on Environmental Affairs
Terms of Reference1.

To monitor and examine Government policies and issues of public concern
relating to environmental matters, energy matters (including energy supply
and safety), conservation, sustainable development and weather information
services.

2.

To provide a forum for the exchange and dissemination of views on the above
policy matters.

3.

To receive briefings and to formulate views on any major legislative or
financial proposals in respect of the above policy areas prior to their formal
introduction to the Council or Finance Committee.

4.

To monitor and examine, to the extent it considers necessary, the above policy
matters referred to it by a member of the Panel or by the House Committee.

5.

To make reports to the Council or to the House Committee as required by theRules of Procedure.