OFFICIAL RECORD OF PROCEEDINGS Wednesday, 21 July ...

LEGISLATIVE COUNCIL ― 21 July 2021

8449

OFFICIAL RECORD OF PROCEEDINGS

Wednesday, 21 July 2021

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 ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.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 WONG KWOK-KIN, G.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.

LEGISLATIVE COUNCIL ― 21 July 2021 8450

THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S., J.P. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE YIU SI-WING, S.B.S. THE HONOURABLE MA FUNG-KWOK, G.B.S., J.P. THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, S.B.S., J.P. IR DR THE HONOURABLE LO WAI-KWOK, G.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN 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.


8451

THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE CHEUNG KWOK-KWAN, 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. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE ERICK TSANG KWOK-WAI, I.D.S.M., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE CASPAR TSUI YING-WAI, J.P. SECRETARY FOR HOME AFFAIRS


THE HONOURABLE CHRISTOPHER HUI CHING-YU, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE TANG PING-KEUNG, P.D.S.M. SECRETARY FOR SECURITY MR LIU CHUN-SAN, J.P. UNDER SECRETARY FOR DEVELOPMENT DR CHUI TAK-YI, J.P. UNDER SECRETARY FOR FOOD AND HEALTH MR JACK CHAN JICK-CHI, J.P. UNDER SECRETARY FOR HOME AFFAIRS MR HO KAI-MING, J.P. UNDER SECRETARY FOR LABOUR AND WELFARE CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MS DORA WAI, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS MIRANDA HON, ASSISTANT SECRETARY GENERAL


8453

PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) LAYING OF PAPERS ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation Legal Notice No.

Administrative Appeals Board Ordinance

(Amendment of Schedule) Order 2021 .............. 115 of 2021 Small Unmanned Aircraft Order .................................... 116 of 2021 Air Transport (Licensing of Air Services)

(Amendment) Regulation 2021 .......................... 117 of 2021 Air Navigation (Hong Kong) Order 1995

(Amendment) Order 2021 .................................. 118 of 2021 Civil Aviation (Insurance) (Amendment) Order 2021 ... 119 of 2021 Registration of Persons (Application for New Identity

Cards) Order 2018 (Amendment) (No. 2) Order 2021 .................................................................... 120 of 2021

Antiquities and Monuments (Declaration of

Monuments and Historical Buildings) (Consolidation) (Amendment) Notice 2021 ....... 121 of 2021

Prevention and Control of Disease (Requirements and

Directions) (Business and Premises) (Amendment) (No. 4) Regulation 2021 ............. 126 of 2021


Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) (No. 5) Regulation 2021 ................................................. 127 of 2021

Other Papers

Report of changes made to the approved Estimates of Expenditure during the fourth quarter of 2020-21 Public Finance Ordinance : Section 8(8)(b) Hong Kong Deposit Protection Board Annual Report 2020-2021 (including Statement of Accounts and Independent Auditor's Report) Report No. 23/20-21 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments

ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Promoting sports development 1. MR VINCENT CHENG (in Cantonese): President, the Tokyo Summer Olympic Games ("TOG") will start soon. Some members of the sports community have pointed out that a craze for TOG and sports is expected to sweep throughout Hong Kong, but the Government has not made sports development a priority in policy implementation, and there is much room for improvement in respect of its promoting sports development on a regular basis and through TOG. On promoting sports development, will the Government inform this Council:

(1) given that the Government has acquired the Hong Kong broadcasting rights for TOG and entrusted five television broadcasters to broadcast the various events of TOG for viewing by


8455

the public free of charge, whether the Government has, apart from setting up "Olympics Live Zones" in the 18 Districts across the territory, planned to organize, during and immediately after TOG, more community involvement activities and sports activities (e.g. inviting members of the national team for TOG to visit Hong Kong), and whether it has considered acquiring the Hong Kong broadcasting rights for the Beijing Winter Olympic Games and the World Cup finals to be held next year, so as to enhance public interest in sports activities, thereby promoting sports development; if so, of the details;

(2) given that the Kai Tak Sports Park, a major sports facility, will be

completed in the second half of 2023, whether the Government will, in the coming five years, consider bidding to host major international sports events such as the Universiade and the Asian Youth Games, so as to promote Hong Kong as a centre for major international sports events; if so, of the details; if not, the reasons for that; and

(3) given that in 2017, the Government announced a Five-Year Plan for

Sports and Recreation Facilities to launch a number of projects between 2017 and 2022 for increasing and improving sports and recreation facilities, of the latest progress of such projects, and whether the Government will commence a new five-year plan or other plans to further promote sports in the community, support elite sports, promote Hong Kong as a centre for major international sports events, and facilitate the industrialization of sports?

SECRETARY FOR HOME AFFAIRS (in Cantonese): President, attaching great importance to sports development, the Government of the Hong Kong Special Administrative Region ("HKSAR") has been promoting sports development in Hong Kong through a three-pronged strategic approach, namely promoting sports in the community, supporting elite sports and maintaining Hong Kong as a centre for major international sports events. My reply to the question raised by Mr Vincent CHENG is as follows:


(1) The Summer Olympic Games will be held in Tokyo, Japan ("TOG") from 23 July to 8 August. To enhance public interests in sports, we will conduct the following community engagement and publicity activities during and immediately after TOG:

(a) Olympics Live Zones will be set up by the Leisure and

Cultural Services Department ("LCSD") at designated sports centres in 18 districts, including live broadcast of the opening ceremony of TOG in the evening on 23 July (Friday) and broadcast of some TOG competitions from 24 July to 18 August;

(b) The launching of Olympics Live Zone in support of Tokyo

2020 Olympics will be held by LCSD in the afternoon on 23 July, i.e. the date of the opening ceremony, at the Kowloon Park Sports Centre;

(c) A series of publicity activities will be held by LCSD,

including online prize quiz, promotional videos played at, as I just said, LCSD venues in 18 districts, a series of Learning Sports 101 videos uploaded in the LCSD Edutainment Channel, and online appeal to netizens for messages supporting the Hong Kong athletes; and

(d) The Sport For All Day 2021 will be held by LCSD from

2:00 pm to 6:00 pm on 1 August (Sunday). In addition to sports demonstrations and a wide range of free activities at designated sports centres in 18 districts, there will be themed promotion in each district for the Olympic sports chosen.

Subject to the development of the pandemic, there are no plans for

arranging the Mainland Delegation at TOG to visit Hong Kong at the moment.

According to the broadcasting policy, the broadcasting rights for the

Olympic Games and other major sports events (including the Beijing Winter Olympic Games, the World Cup finals, etc.) have all along


8457

been contested by television broadcasters through competitive bidding led by market forces and commercial considerations. This year is different. The Government took exception this time to secure the broadcasting rights of TOG in view of the unprecedented impact of the COVID-19 pandemic in Hong Kong. The Government therefore firmed up the purchase decision only after it had become clear that all of the broadcasters had ended their discussion for purchasing the rights with a view to ensuring that the Hong Kong public would have wide access to the coverage of TOG on television free of charge, especially for all events competed by Hong Kong athletes, and that the public can support and cheer for them. The HKSAR Government has no intention of changing the present competitive environment of the television broadcasting market, and the purchase of the broadcasting rights of TOG this time is a one-off initiative taken under exceptional circumstances. It is understood that the Television Broadcasts Limited has purchased the local television broadcasting rights for the Beijing Winter Olympic Games.

(2) The Government is committed to developing Hong Kong into a

centre for major international sports events, and has been facilitating local "national sports associations" ("NSAs") to launch major sports events in Hong Kong. Introduced in 2004, the "M" Mark System supports local NSAs to host major sports events in Hong Kong through provision of matching fund and direct grant. In order to enhance support for NSAs to stage international sports events, the Government allocated $500 million to implement a new Major Sports Events Matching Grant Scheme in 2019 to encourage further sponsorship from the business sector to promote the launch of more local top-level competitions. Upon completion in 2023, the Kai Tak Sports Park will be available for hosting more world-class sports events and providing additional opportunities for local athletes to compete on home ground. The Hong Kong public and inbound visitors will also have more opportunities to enjoy top-level performance sports, thereby enhancing Hong Kong's status as a centre for major international events.


At present, any bid to host major or multi-sports events (such as the Asian Youth Games or the Universiade) has to be submitted by the National Olympic Committee or the relevant NSA of the member state or territory of the relevant international sports federations or associations, with the host city elected by members by way of ballot. If the Sports Federation and Olympic Committee of Hong Kong, China or an NSA intends to bid for a major or multi-sports event, the Government will study the feasibility and provide appropriate assistance.

(3) The Government is pressing ahead with the Five-Year Plan for

Sports and Recreation Facilities ("Five-Year Plan") announced in the Policy Address in January 2017. A total of $20 billion has been earmarked under the Five-Year Plan for funding the launch of 26 projects to develop new and improve existing sports and recreation facilities, among which, thanks to the Legislative Council, 20 projects have been approved by the Legislative Council. Technical feasibility studies for 15 projects on sports and recreation facilities will also be conducted under the Five-Year Plan, of which the findings will be examined in our consideration of future projects.

While building new sports facilities, we should also make good use

of existing facilities and upgrade them. Therefore, the Government announced in the 2021-2022 Budget to earmark $318 million to implement a five-year plan for upgrading over 70 football pitches in order to provide more football pitches meeting the standards of Fédération Internationale de Football Association, thereby contributing to the development of football in Hong Kong.

Since 2018, the Census and Statistics Department has been

conducting regular surveys on the local economic contribution of sports and related activities. According to the latest statistics, the Gross Domestic Product ("GDP") at market prices of sports and related activities increased from $51 billion in 2016 to $59 billion in 2019, representing an increase from 2.0% to 2.1% in terms of percentage share in the total GDP over the same period. During the period, the number of persons employed in sports and related


8459

activities increased from 78 000 to 83 000. The report this year will be published in the relevant feature article of the August 2021 issue of the Hong Kong Monthly Digest of Statistics. The Government will continue to promote sports in the community, support elite sports and maintain Hong Kong as a centre for major international sports events, thereby facilitating ongoing development of sports-related industries.

Lastly, I would like to reiterate that the Government attaches great importance to sports development. May the Hong Kong public cheer for the athletes of the national team and Hong Kong in the coming days together. MR VINCENT CHENG (in Cantonese): President, TOG will start this Friday. I believe everyone will strongly support our nation and Hong Kong and hope that the athletes of the national team and Hong Kong team will give full play to their strengths and strive for good results. However, there have been officially confirmed COVID-19 cases in connection with the Olympic Village recently, numbering several dozens involving athletes, team leaders and volunteers. May I ask the Bureau what measures are in place to protect the Hong Kong athletes? What assistance will the SAR Government provide to the Hong Kong athletes there? And has the Government received any concerns raised by athletes of the Hong Kong delegation? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, the TOG officials attach great importance to the present arrangement of TOG. We will adopt the format of "sports bubbles", which was adopted earlier in hosting other international sports events in Hong Kong, to ensure the safety of our athletes when they compete in TOG. Moreover, all athletes departing from Hong Kong have been vaccinated. We will continue to monitor the situation closely and ensure that our athletes are given sufficient support, so that they can fully display their strengths in the competitions. DR CHIANG LAI-WAN (in Cantonese): President, I wish to ask the Secretary a question. Many young people have asked whether a free sports channel can be established in Hong Kong. Sometimes, they do not want to watch news


programmes or debates on politics. They just want to watch sports programmes. Can the Secretary set up a sports channel? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, I thank Member for her supplementary question. Actually, in arranging the acquisition of the Hong Kong broadcasting rights for TOG, we have requested local television broadcasters to broadcast a specific number of hours of the TOG events. We have also requested them to cover all events competed by Hong Kong athletes. Besides, we have also asked the television broadcasters whether they can more actively promote a greater variety of local sports programmes, a question which Dr CHIANG just raised. So, in acquiring the Hong Kong broadcasting rights, apart from requesting local television broadcasters to produce a specific number of programme hours, we have also requested them to produce local publicity programmes for a period of 12 months to promote local sports development, so that the public can obtain more information in this regard and be able to watch more programmes about local sports and athletes in different television channels. But of course, I believe Member may have thought of Radio Television Hong Kong. If this is what Members prefer, I will convey Members' views to the relevant Policy Bureau. From the perspective of sports policy, having more programmes and contents for the promotion of Hong Kong sports is definitely conducive to promoting sports in the community, maintaining Hong Kong as a centre for major international sports events and supporting elite sports in Hong Kong. DR PIERRE CHAN (in Cantonese): President, when it comes to sports, the main reply of the Secretary, as well as the past two Policy Addresses, place a heavy emphasis on enhanced infrastructure and hardware. In part (2) of the main reply, the Secretary mentioned the Major Sports Events Matching Grant Scheme. I have looked this up in the 2018 Policy Address. It was mentioned that the Government reserved $500 million for the Scheme and urged the Legislative Council to expeditiously approve the funding proposal. And on 4 January 2019, the Legislative Council approved the relevant funding proposal. I wish to ask the Secretary the following question: after the $500 million funding proposal for the Major Sports Events Matching Grant Scheme was approved in


8461

the Legislative Council, what new major sports events will the authorities organize after the pandemic subsides … (There was noise interference with the broadcasting system in the Chamber) PRESIDENT (in Cantonese): Dr Pierre CHAN, please move the mobile phone away. DR PIERRE CHAN (in Cantonese): No … I do not have … Okay. I was talking just now about new major sports events, which are an important support for athletes. Let me cite a simple example. The Kai Tak Sports Park will have many major sports facilities, such as a new five-a-side football pitch inside the large sports stadium, and it can be used for hosting major international sports events. May I ask the Secretary whether the $500 million under the Major Sports Events Matching Grant Scheme has been used up? Do the authorities have any plan to develop any sports activities? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, I thank Member for his supplementary question. The past few years were quite exceptional. The incidents of the "black-clad violence" and the pandemic outbreak have prevented some major international sports events from being successfully held. But despite the difficulties posed by the pandemic, we have provided special support to many major sports events. For instance, we have increased the funding ceiling of "M" Mark sports events from $2 million to $6 million. We have also provided special support to NSAs to minimize their loss if the sports events they had planned to host were eventually cancelled. Besides, I agree that the Kai Tak Sports Park, which will be commissioned in 2023, has great development potential. In fact, the Kai Tak Sports Park is not the only place, as Member just mentioned, where different major sports events can be held. I must specially point out that the geographical location of Hong Kong makes it a very good place to host individual sports activities. For instance, we had discussion with an NSA on water sports earlier. And we are preparing other "M" Mark sports events which will be held by the end of this


year, such as the Hong Kong Marathon, the Hong Kong Sevens, the Hong Kong Open Championship, the Hong Kong Tennis Open, the Hong Kong Squash Open, etc. We now foresee that these sports events can be held between October and December 2021, and we will closely monitor the situation. We also arranged some special "sports bubbles" earlier, if they have caught Members' attention. For instance, the Track Cycling Nations Cup and the AFC Cup were successfully held and they have won the applause of many inbound foreign athletes for the careful arrangement, which gave them confidence that it was safe to compete in Hong Kong. So, in view of the aforesaid edges, together with the planning and development of the Greater Bay Area in the future, I believe not only do we have the hardware infrastructure to support and hold individual sports activities, we also have the capabilities to jointly host single or multi-sports events of a regional or comparatively large scale with different neighbouring cities. MR MA FUNG-KWOK (in Cantonese): President, the Secretary's reply just now has basically responded to the last part of the main question, and that is, whether or not the Government will "further promote sports in the community, support elite sports, promote Hong Kong as a centre for major international sports events and facilitate the industrialization of sports". Actually, in the past few years, I always hoped that the Government could review the sports policy and formally make the industrialization of sports as part of the sports policy. However, the Government's replies gave me the impression that it was rather passive in this regard. Only from 2018 onwards did the Government start to provide statistics on the economic value of sports activities, GDP growth and population growth. However, the Government has not said how it can facilitate the professionalization and industrialization of the sports industry through adopting a proactive attitude and positive measures. In fact, the industrialization of sports can have a positive effect on the development of athletes, especially retired athletes, and the whole industry. It can provide many employment opportunities. The corresponding economic value has only increased by 0.1% over the past three years, which is far from satisfactory. Here, may I ask the Government whether it will consider including the industrialization of sports as the fourth sports policy?


8463

SECRETARY FOR HOME AFFAIRS (in Cantonese): President, I thank Mr MA Fung-kwok for his suggestion. If we refer to the GDP growth in Hong Kong, according to the previous report, the percentage increase from 2016 to 2019 may not fully reflect the growth in the economic value of this industry because there was also growth in the economic value of other industries and the GDP. Therefore, in the best years of our economy, if we can see that sports-related industries have increased their share in the GDP of Hong Kong, it is already a very good indicator that Hong Kong is indeed capable of developing sports-related industries more in employment and professional perspectives. Hence, as far as this industry is concerned, we have allocated a substantial amount of resources to the Hong Kong Sports Institute. For instance, an additional fund of over $700 million has been allocated for the Institute to construct and enhance its facilities. Certainly, in terms of hardware, we have the Kai Tak Sports Park. And we have also planned many water sports facilities and established a long-term vision in this regard. Besides, if we consider also the development of the Greater Bay Area, we can actually do more than promoting sports in the community, supporting elite sports or promoting Hong Kong as a centre for major international sports events. We are obviously aware, so was the Member just now, that Hong Kong has potential to vigorously develop this industry. But I certainly agree that in the industrialization of sports, we have to conduct an in-depth study on the sports that should be chosen for professionalization development. I believe we will conduct studies on sports development, so as to see how to strengthen our core sports items before focusing on a more diversified sports development. MR MARTIN LIAO (in Cantonese): President, promoting sports in the community, supporting elite sports and promoting Hong Kong as a centre for major international sports events are the policy directives for our local sports development. The three directives are closely related. The COVID-19 pandemic has persisted for quite some time. Major sports events which have been held successfully in the past, such as the Standard Chartered Hong Kong Marathon and the Harbour Race, had to be delayed or cancelled. This has inevitably disappointed many sports lovers, stifled sports promotion in the


community and resulted in the loss of the expected benefits from these sports events to the local economy. Given that the pandemic in Hong Kong now starts to subside, or at least there is such a sign, it has been reported that the organizer may resume the Standard Chartered Hong Kong Marathon in October this year. I believe this will be, apart from the international races organized by the Jockey Club, the first major sports event of such a scale to be held since the pandemic outbreak in Hong Kong. May I know whether the Bureau has discussed with the Food and Health Bureau and the experts to formulate standards and criteria on epidemic prevention for holding different types of sports events; and whether it has any plan to establish, after the pandemic has stabilized, "travel bubbles" with places where the pandemic outbreak has relatively stabilized, that is, to organize sports events by way of a "bubble", so as to allow athletes to compete in these events after completing a series of testing and to hold these events using the format of a "bubble"? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, I thank Member for his supplementary question. Actually, we have been working along this direction. We adopted the "sports bubble" format in conducting the Track Cycling Nations Cup early this year. Like I just said, we are now discussing the quarantine and safety requirements with the Food and Health Bureau for all major events in the second half of the year. For instance, for major sports events where many people will participate, it may be necessary to require the participants to receive vaccination to lower the risk of infection. Hence, we will continue to work with various government bureaux and different NSAs on major international and local events, with the goal of promoting more sports items and highlighting Hong Kong as a centre for major international sports events, and also promoting sports in the community on an ongoing basis. PRESIDENT (in Cantonese): Second question.


8465

Transport services for and infrastructure of South Lantau 2. MR KENNETH LAU (in Cantonese): President, at present, South Lantau Road is the only road connecting various places of South Lantau, and Tung Chung Road is the only road that links North and South Lantau. During holidays, a large number of countryside visitors queue up at Mui Wo and Tung Chung for franchised buses to travel to various places of South Lantau. On the other hand, the Government commenced a Study on Traffic, Transport and Capacity to Receive Visitors for Lantau in 2017. Regarding the transport services for and infrastructure of South Lantau, will the Government inform this Council:

(1) whether it has reviewed the demand and supply situation of the franchised bus services travelling to and from South Lantau on holidays and during peak hours; if so, of the outcome; if not, the reasons for that;

(2) of the progress of the aforesaid Study as well as that of the

improvement works for the local roads and pier facilities in South Lantau; and

(3) given that the local and external transport of South Lantau will be

paralyzed whenever landslides or traffic accidents occur in South Lantau Road or Tung Chung Road, whether the Government will construct a new trunk road linking North and South Lantau; if so, of the details; if not, the reasons for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the major areas of South Lantau include Mui Wo, Pui O, Tong Fuk, Ngong Ping, Tai O. As at end 2017, the population of South Lantau was around 17 500, accounting for about 10% of the population of Lantau. At present, South Lantau mainly relies on Tung Chung Road to connect with the northern part of Lantau and external roads. The road network of South Lantau includes South Lantau Road, Keung Shan Road, Tai O Road, Sham Wat Road and Ngong Ping Road, connecting Mui Wo and Tai O as well as the villages along the roads. For preservation of the tranquil environment of Lantau and given its road capacity, these roads are designated as closed roads and


members of the public must first obtain Closed Road Permits before they could drive to South Lantau. As regards public transport, the New Lantao Bus Company (1973) Limited ("NLB") currently operates 11 franchised bus routes serving various districts of South Lantau, covering various major areas and tourist attractions including Mui Wo, Pui O, Tai O, Ngong Ping, Tong Fuk. Besides, there are currently four licensed ferry routes serving South Lantau, namely the "Central-Mui Wo" route, the "inter-islands" route plying between different outlying islands including Peng Chau, Mui Wo, Chi Ma Wan and Cheung Chau, the route between Tuen Mun, Tung Chung, Sha Lo Wan and Tai O, and the "Discovery Bay-Mui Wo" route. In consultation with the Development Bureau, Transport Department ("TD") and Highways Department ("HyD"), my reply to the various parts of Mr Kenneth LAU's question is as follows:

(1) TD has all along maintained close communication with NLB on franchised bus services serving South Lantau (especially during peak hours of long holidays and weekends) and reviewed the service level of individual routes from time to time. Where necessary, NLB will make timely arrangement to deploy additional vehicles and increase service frequency to meet passenger demand in a flexible manner. Besides, during peak hours of passenger traffic, NLB closely monitors the queuing situation at various bus termini and major en-route stops and arranges timely special departures to ease the flow of waiting passengers. TD also conducts on-site surveys to monitor the franchised bus services. According to the on-site surveys conducted by TD around the Lunar New Year holidays this year, the frequency of the four routes serving main attractions on South Lantau were strengthened to less than five minutes for each respective route during the peakest hours, and the maximum average occupancy rates ranged from about 30% to 90%. According to TD's assessment, the overall existing bus services in South Lantau can generally cater for the passenger demand except during individual periods of higher demand when the waiting time will be longer. TD will continue to closely monitor passenger demand and follow up with NLB to make timely adjustment to the bus services.

(2) In order to improve the traffic conditions of the roads on South

Lantau, TD and HyD completed 21 road widening and bend


8467

improvement projects along South Lantau Road and Keung Shan Road in 2018. To further enhance road safety on South Lantau, the two departments above are preparing to carry out a number of improvement works, including improving and widening the road surface along Keung Shan Road and Tai O Road, improving the bends of traffic lanes, and provisioning of additional traffic signs as well as road markings.

At present, three public piers in South Lantau are included in the

"Pier Improvement Programme" coordinated by the Civil Engineering and Development Department ("CEDD"). The improvement works at Yi O pier are now in the design stage and is planned for submission to the Legislative Council for funding approval and commencement of works in 2022. The engineering feasibility studies of improvement works at Tai O Public pier and the Man Kok Tsui pier commenced in May this year and are expected for completion by end of 2022.

Apart from the above, the Sustainable Lantau Office of CEDD is

conducting the Study on Traffic, Transport and Capacity to Receive Visitors for Lantau with a view to examining the traffic and transport on South Lantau and to exploring the feasible improvement measures (including possible road and pier improvement works in the concerned areas), possible green transport as well as to assessing the capacity to receive visitors in Lantau. The findings and recommendations of the study will serve as a reference for the strategic transport planning of Lantau. The study is expected to be completed in the fourth quarter of this year.

(3) The planning of Lantau is based on the overarching principle of

"Development in the North, Conservation for the South". In conducting traffic planning for South Lantau, the Government will take into account the above principle and relevant factors including traffic demand, in order to provide suitable ancillary transport facilities.

CEDD is currently conducting the above mentioned Study on

Traffic, Transport and Capacity to Receive Visitors for Lantau. The study will examine from a macro perspective the needs for


transport connections of Lantau (including Mui Wo, Tung Chung and Tai O), and recommend various feasible options to further improve the existing road network for further study. As I mentioned in part (2) of this reply, the findings and recommendations of the study will serve as a reference for the strategic transport planning of Lantau.

MR KENNETH LAU (in Cantonese): President, South Lantau Road was affected by serious flooding and hit by flash floods on 28 June when a Black Rainstorm Warning Signal was issued, thus leading to the closure of some road sections. This has exactly reflected the fact that by relying on only one trunk road, the transport network of South Lantau does have the disadvantage of being very easily paralysed by traffic accidents. During all these years, Lantau residents have been looking forward very eagerly to the provision of an additional linkage to external roads for South Lantau, and I hope the Government will seriously listen to their needs. In fact, Mui Wo is an important component of the development of the East Lantau Metropolis under "Hong Kong 2030+: Towards a Planning Vision and Strategy Transcending 2030", and there is a trunk road connecting to Siu Ho Wan and the proposed artificial islands in the relevant study. In the report of a consultancy study commissioned by CEDD, it has also been recommended that a tunnel linking Mui Wo and Siu Ho Wan be constructed, a study be conducted on the construction of a coastal highway connecting Tai O and Tung Chung, and the transport infrastructure of South Lantau be improved. However, in the latest concept plan under the Lantau Tomorrow Vision, the alignment of the proposed trunk road has shifted away from Mui Wo and this has disappointed Mui Wo residents, who are concerned that they will continue to rely on South Lantau Road and Tung Chung Road to connect with urban districts in the days to come. Under the planning principle of "Development in the North, Conservation for the South" in Lantau, South Lantau Road is designated as a closed road accessible to vehicles with Closed Road Permits only. Such being the case, can the Secretary explain what traffic measures are available for the Government to support releasing the development potential of the district?


8469

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr LAU for his supplementary question. I will first give an account of the measures taken to handle the landslide incident which occurred on South Lantau Road on 28 June, and then invite the Under Secretary for Development to provide his follow-up response. Upon receipt of a report on a landslide incident in the morning of 28 June when a Black Rainstorm Warning Signal was in force, HyD immediately deployed its staff to conduct site inspection, and arranged for urgent clearance of landslide debris accumulated on South Lantau Road after the situation was confirmed safe. A traffic lane was then reopened in the afternoon of the same day. We were also aware that the black rainstorm warning and the landslide incident would affect the travel arrangements of local residents, and hence assisted the Water Supplies Department to clear some blocked catchwaters in Lantau Trail Section 10 on the hillside while removing landslide debris, thereby ensuring work safety. At the same time, information was disseminated by TD through instant messaging, the media, TD's web page and the mobile application "HKeMobility" for public reference. Given the obstruction to road traffic, additional ferry services were also provided in the process by requiring service operators to strengthen the frequency of ferry services from Tuen Mun to Tung Chung, Sha Lo Wan and Tai O, and activate the measure to provide emergency ferry services plying between Tai O and Tung Chung, so that emergency traffic arrangements could be implemented for local residents. Besides, after coordination with the relevant bus company, additional and special bus services running between Tung Chung Development Pier and Tung Chung MTR Station were provided at the ferry pier, and additional vehicles were deployed to take commuters home from the ferry pier. As for the future planning, I would now invite the Under Secretary for Development to provide supplementary information. PRESIDENT (in Cantonese): Under Secretary for Development, please reply. UNDER SECRETARY FOR DEVELOPMENT (in Cantonese): President, as mentioned in the main reply, CEDD is currently conducting the "Study on Traffic, Transport and Capacity to Receive Visitors for Lantau", which will examine from a macro perspective the needs for transport connections of Lantau (including Mui Wo, Tung Chung and Tai O), and recommend various feasible


options to further improve the existing road network for further study. The findings and recommendations of the study will serve as a reference for the strategic transport planning of Lantau, and the study is expected to be completed in the fourth quarter of this year. With regard to the traffic and transport arrangements for the artificial islands in the Central Waters, we will conduct a transport infrastructure study under the studies related to these artificial islands, and the study will cover an area-wide transport study covering the priority road links as well as the possible road links for longer term to be provided for connecting the Hong Kong Island, the artificial islands and Lantau. The road links under the existing planning do not connect with Peng Chau or Mui Wo, but we will listen to public views when conducting the study, and review the options proposed on external road links for the artificial islands. As for the reclamation extent, we have now put our focus on the artificial islands of about 1 000 hectares around Kau Yi Chau, and the extent of reclamation will be determined in accordance with the results of the studies to be undertaken in this respect. There is no concrete implementation timetable for the artificial islands near Hei Ling Chau, while final decisions have not yet been made on the related road infrastructure and the road links mentioned by Mr LAU just now. DR PIERRE CHAN (in Cantonese): I have personally visited South Lantau during the epidemic and chosen to commute by public transport then, but waiting queues were really long, and there are indeed grounds for expressing concern in the main question about the traffic condition in the area. To my knowledge, the Government has launched the Driving on Lantau Island Scheme since 2016 with a daily quota of 25 private cars, and five places in the quota are reserved for electric private cars. Hence, these 25 Closed Road Permits are not mainly issued to electric private cars. My question is: Will the Government gradually relax the road access restrictions imposed on South Lantau by, for example, increasing the number of places reserved for electric private cars under the Driving on Lantau Island Scheme, thereby promoting environmental protection?


8471

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): I thank Dr CHAN for his supplementary question. The Driving on Lantau Island Scheme has indeed been very well received since its launch, and hence starting basically from 25 December 2015, apart from introducing the traffic relaxation measure to permit tour coaches to enter South Lantau by providing a relevant quota to such vehicles, we have responded to the aspiration of members of the public for driving their own cars to visit places in South Lantau by allowing up to 25 private cars (of which five places in the quota are reserved for electric private cars) to enter South Lantau each day under the first phase of the Driving on Lantau Island Scheme. This is an arrangement to complement the green transport strategy, and it seeks also to promote environmental protection, so that members of the public may drive their private cars on the closed roads in Lantau from Monday to Friday for leisure and recreational purposes. When a review was conducted earlier on the Scheme, we proposed to increase the number of Closed Road Permits issued to private cars in the second phase from 25 to no more than 50 each day. In the process, we need to consult the views of the community as well as Lantau residents, and while we have received ample support for the idea on the one hand, some members of the public have expressed concern about the proposal on the other. We are now conducting a thorough study on the issue, and will announce the details at the appropriate time if everything goes smoothly. MR JIMMY NG (in Cantonese): In the past few months, the Police have stepped up enforcement actions against vehicles which entered South Lantau illegally, and during the Dragon Boat Festival holiday on 14 June alone, 43 drivers were arrested for suspected use of forged Closed Road Permits to enter Lantau. We will certainly not encourage members of the public to engage in any illegal acts, but judging from another perspective, this has also reflected how difficult it is to obtain a Closed Road Permit to drive to Lantau. Anyhow, expediting improvement in the transport infrastructure of Lantau is a prerequisite for relaxing the road access restrictions and allowing more vehicles to enter the area. I would like to ask: How will the authorities strike a balance between increasing the daily quota under the second phase of the Driving on Lantau Island Scheme and first focusing their efforts on improving the transport infrastructure of Lantau?


SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr NG for his supplementary question. I have given a detailed account on the implementation of the Driving on Lantau Island Scheme just now, and there are indeed different voices in the community about the issue. People living in urban areas or non-Lantau residents certainly take a favourable view of the Scheme, but local residents somehow do hold different opinions, and we thus have to consider public views in a balanced manner before making a further decision. We will make a timely announcement if adequate support can be obtained. As for the development of the entire Lantau Island, South Lantau in particular, very detailed explanation has already been provided just now by the Under Secretary for Development. The relevant study is now underway, and the authorities will also take into consideration the capacity of the Lantau Island to receive visitors, as well as the local traffic network there. We will make a timely announcement after completion of the relevant study. MR YIU SI-WING (in Cantonese): President, there is of course a very keen demand for franchised bus services in South Lantau during holidays, but the demand for non-franchised coach services in the area is also very great. However, the existing quota is obviously inadequate and far not enough to meet the demand of the tourism sector. I have written to the Transport Department to request an appropriate increase in the relevant quota, but was given the reply that further consideration would be given to the request only after a review had been conducted on the situation. Can the Secretary undertake to first appropriately increase the quota for non-franchised buses to access roads in South Lantau before a comprehensive review is conducted on the ancillary transport facilities in Lantau? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr YIU for his supplementary question. I understand that many Hong Kong people and tourists would very much like to go visiting Lantau Island but we actually need to strike a balance between the provision of franchised and non-franchised bus services. As I have pointed out earlier, apart from the Driving on Lantau Island Scheme, we have also appropriately allowed


8473

non-franchised buses (i.e. coaches) to enter various tourist attractions in South Lantau, so that members of the public may pay visit to such places. Besides, due to the design of roads in the area, there is also a need to balance the passenger flow and the local road network. I would also like to report here that in response to the increase in visitors during weekends and long holidays, special arrangements have been made in the provision of franchised bus services so that apart from maintaining services in accordance with the established quota, deployment of additional buses will also be allowed to operate special departures. In this connection, consideration has mainly been given to meeting the passenger demand, balancing the need of local residents, and preserving the tranquil environment of the district under the principle of "Developing in the North, Conservation for the South". Under the existing arrangements, NLB may deploy up to 140 buses in total during holidays or the Lunar New Year holidays, and as far as bus deployment is concerned, this should be adequate to meet the travelling need of passengers. We have certainly taken note of the views of Mr YIU, and will review the case further. MR CHRISTOPHER CHEUNG (in Cantonese): President, XIA Baolong, Director of the Hong Kong and Macao Affairs Office of the State Council, has suggested earlier that people who administer Hong Kong must "live up to their responsibility and dare to surmount the toughest challenges", and they should also be able to "open up roads in mountains and construct bridges across waters". However, I notice that in resolving the traffic problem in South Lantau, the Government has never been able to open up roads or construct bridges all these years, thus causing a lot of troubles to the daily life of the people. I would like to ask the authorities: If the Government will not consider providing additional hardware facilities like a new trunk road in the short term, will more software facilities be put in place to bring relief to the traffic problem of South Lantau? For example, will the relevant bus company be asked to operate more special short-distance departures during weekends or holidays, thereby meeting the traffic demand of Lantau residents and visitors?


SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr CHEUNG for his views. The Development Bureau is now conducting a study in respect of the long term development of South Lantau, and I think Members can get a clear understanding of the issue from the reply given just now. Under the current situation, and in order to complement the principle of "Development in the North, Conservation for the South", consideration will basically be given to the passenger demand. Therefore, we have maintained adequate communication with NLB on the frequency of the 11 franchised bus routes it operates and the deployment of vehicles. In case of some special situations at certain tourist attractions, especially at various en-route stops in the future, NLB will arrange special departures under the established instructions to ease the flow of waiting passengers. As for the point raised by Mr CHEUNG just now on whether short-distance bus services will be provided under special circumstances, we will make a decision in the light of actual needs. PRESIDENT (in Cantonese): Third question. An incident of a woman sustaining eye injury 3. MR CHAN HAK-KAN (in Cantonese): President, on 11 August 2019, a woman at the scene of a demonstration for opposition to the proposed legislative amendments was injured in her right eye. Immediately afterwards, there were media reports that the woman's eye injury was serious, and the injury had allegedly been caused by a bean bag round fired by the Police hitting her in the eye. Also, the incident was greatly played up on the Internet, causing more widespread and intense unrest in society. However, it was uncovered by the press in May this year that the woman's eye injury had in fact not been serious, and yet the Hospital Authority ("HA") had not, on grounds of protecting patients' privacy, made any clarification on the false reports for over one year. On the other hand, the Police had, pursuant to a search warrant, obtained from HA the woman's medical records. Subsequently, the woman was granted legal aid for filing an application for judicial review in respect of the Police's refusal to produce the search warrant to her. In this connection, will the Government inform this Council:


8475

(1) whether it has investigated if any person or organization had deliberately made use of the said incident to disseminate false information in order to incite hatred and discontent in society against the Government; if it has investigated, of the outcome; of the progress of the Government's study on enacting legislation to combat the acts of disseminating false information, and the expected time for enacting such legislation;

(2) whether it will request HA to revise its information dissemination

policy to permit, on public interest considerations, limited disclosure of patients' medical conditions, so as to quash any rumour; if so, of the details; if not, the reasons for that; and

(3) whether the scope of the review on the legal aid system currently

undertaken by the Government includes the process for the vetting and approval of the legal aid application made by the woman, with a view to preventing abuse of the legal aid system?

SECRETARY FOR HOME AFFAIRS (in Cantonese): President, national security is of paramount importance in any country. Acts endangering national security are very severe offences. To safeguard national security, we will definitely handle, in a serious manner and in accordance with the law, electronic messages that put national security at risk. Having consulted various departments including the Security Bureau, the Food and Health Bureau and the Chief Secretary for Administration's Office, my reply to Mr CHAN Hak-kan is as follows:

(1) As regards whether the case mentioned in the Member's question involves the dissemination of false information with a view to inciting hatred and discontent in society against the Government, the Hong Kong Special Administrative Region ("HKSAR") Government has noted that there are related and other allegations regarding the case in the community. In this regard, law enforcement agencies will investigate such allegations, taking into account the evidence and the law. Given the possibility of related legal proceedings in future, the HKSAR Government will not elaborate on individual cases at this juncture.


According to Article 43 of the Hong Kong National Security Law ("HKNSL") and Schedule 4 to the Implementation Rules, the Police may require a service provider to take disabling actions on electronic messages published on an electronic platform that are likely to constitute an offence endangering national security or are likely to cause the occurrence of an offence endangering national security. "Offences endangering national security" include secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security. The relevant operations will be conducted in strict accordance with the law.

Article 3 of HKNSL provides that the executive authorities of the

HKSAR Government shall effectively prevent and suppress acts or activities endangering national security in accordance with the law. The above mentioned power to make requirements for taking disabling actions aims to prevent and suppress offences endangering national security, and is only applicable to electronic messages published on an electronic platform that are likely to constitute an offence endangering national security or are likely to cause the occurrence of an offence endangering national security. Members of the public will not be affected and may continue with their lawful use of the Internet.

There are certain provisions in place under the existing legal

framework for dealing with the dissemination of inappropriate information. For example, under sections 9 and 10 of the Crimes Ordinance, it is a criminal offence to do any act with a seditious intention or utter any seditious words, and handle or possess any seditious publication.

The Government will seriously examine the experience and practices

of other countries and regions in handling fake news and false information to provide reference for the next step of work.

(2) Under its prevailing policy, the Hospital Authority ("HA") may, after

careful consideration of individual cases, assess how to disclose information related to the public interest as appropriate on matters that involve or will be injurious to the public interest. Nevertheless,


8477

HA respects personal privacy and has the obligation to protect patient confidentiality. In general, HA will not disclose patient information to the public or the third party without the patient's consent.

(3) The responsibilities for formulating legal aid policy and

housekeeping the Legal Aid Department ("LAD") have been transferred from the Home Affairs Bureau to the Chief Secretary for Administration's Office since 1 July 2018. LAD has in place a stringent vetting mechanism to prevent abuse of legal aid services. Legal aid will only be granted to applicants who satisfy both the merits test and the means test required under the Legal Aid Ordinance ("LAO"). In assessing the merits of an application, LAD will carefully consider the background of the case, the evidence available and the legal principles applicable to determine whether legal aid should be granted.

Even if an applicant is successfully granted legal aid, LAD will

ensure that his/her case has sufficient grounds throughout the proceedings. Otherwise, the applicant's legal aid will be discharged.

Under LAO, an applicant for legal aid whose application is refused

by LAD may appeal to the Registrar of the High Court. If the appeal is successful, the applicant will be granted legal aid. The Registrar's decision on such application shall be final.

Regarding the legal aid case mentioned in the question, the applicant

applied for legal aid in January 2020 for lodging an appeal with the Court of Appeal against the High Court's earlier decision to dismiss her application for judicial review ("JR"). The legal aid application did not satisfy the merits test and was therefore refused by LAD in February 2020. Subsequently, the applicant appealed to the Registrar against LAD's decision and was allowed. As the Registrar's decision is final, LAD must grant legal aid to the applicant in accordance with the law.

The Chief Secretary for Administration's Office and LAD are

examining the operational details such as administration, distribution of cases and selection of lawyers regarding legal aid applications for


JR under the existing legal aid system, and will, as soon as possible, consult the Legal Aid Services Council on specific proposals and report to the Legislative Council Panel on Administration of Justice and Legal Services.

MR CHAN HAK-KAN (in Cantonese): President, the "black-clad violence" in 2019 has accentuated the problems of online doxing and online dissemination of false information. For instance, quite a few opposition politicos have exploited the incident involving "the girl with a ruptured eyeball" to stir up public sentiment and incite more people to take to the streets, whereas the incident has subjected the disciplined forces, the Police and the Government to more provocations and unreasonable attacks. Nevertheless, two years later, we have noticed media reports that actually "the girl with a ruptured eyeball" does not have any eyeball rupture and has even gone to Taiwan rolling her eyes around. From this it is evident that the whole incident is a textbook example of false information. Today, the Government will present the Bill on doxing to the Legislative Council for First Reading. I expect the three-reading legislative process to be completed within this term. However, regarding the enactment of legislation to combat false information as I mentioned just now, although I have asked questions time and again in this Council, the Secretary has only continued to study the matter again and again. What exactly are the problems that have taken the Secretary so long to study and what difficulties has the Secretary encountered that make it impossible to enact legislation on false information immediately? Alternatively, does the Secretary hold that the relevant matters can be dealt with under the existing HKNSL and Crimes Ordinance? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, in fact, at the end of last year, some Members already asked me about how the study of this issue was going. The circulation of false information has a great impact on public safety, security and other social issues. That is why not only Hong Kong but also a number of countries and regions around the world are actually very concerned about this issue and even have to amend their legislation. Let us look back at the HKNSL. Article 3 stipulates that the authorities of the HKSAR shall effectively prevent and suppress any act or activity endangering national security


8479

in accordance with the law, so something has to be done accordingly. In addition, Article 9 stresses: "The Hong Kong Special Administrative Region shall strengthen its work on safeguarding national security and prevention of terrorist activities. The Government of the Hong Kong Special Administrative Region shall take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security, including those relating to schools, universities, social organisations, the media, and the internet." As such, it has clearly stipulated that the SAR Government has an obligation to identify and plug any loopholes in this area. Meanwhile, given the large number of laws available, we will consider which ones to focus on in order to combat the loopholes that may arise. Therefore, in this regard, we are referring to the different laws of different countries to see what needs to be examined. Members can rest assured that, as I said earlier, the Government has the obligation to examine this matter. Nevertheless, there is only a few months left in the current term of the Council. Such a short time frame may be too tight for a bill is to be introduced. However, Members can rest assured that, as the Chief Executive previously said, this work will definitely be carried out as soon as possible. Another point I wish to reiterate is that most of the laws that apply to the real world also apply to the Internet, so members of the public have to use the Internet in a lawful and responsible manner, and must never break the law. I would also urge the public to be alert to rumours and closely aware of the clarification messages issued by the Government so as to avoid being misled by such rumours. MR WONG KWOK-KIN (in Cantonese): President, one of the major reasons why false information can prevail in society is that true information is concealed, or deliberately concealed. I have taken note of the three specific questions raised by Mr CHAN Hak-kan, with the first one related to false information, the second one to the HA, and the third one to the legal aid system. In the Government's reply, both parts (1) and (3) are relatively detailed, but part (2), which is about HA, seems to be a non-answer. I have no idea if the Government is intent on condoning HA's wrongdoing or afraid of HA.


I have seen the Government's reply that under its prevailing policy, HA may, after careful consideration of individual cases, assess how to disclose information related to the public interest as appropriate on matters that involve or will be injurious to the public interest. Regarding the incident involving "the girl with a ruptured eyeball", HA has never come forward to clarify the rumours circulating in the community. I would like to ask: which is more important, the privacy of this patient, namely "the girl with a ruptured eyeball", or the public interest at stake when social unrest and hatred was triggered at that time? I ask the Government to please answer this question in detail. PRESIDENT (in Cantonese): Which public officer will give a reply? Under Secretary for Food and Health, please. UNDER SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, each case for treatment in a medical institution under HA is unique, and it is impossible to generalize about how to release information of individual patients, but the following are some very important principles. Firstly, HA always respects patients' privacy and has the obligation to protect patient confidentiality. It will not disclose a patient's personal information, including specific clinical details, to the public or third parties without the patient's consent. Under its prevailing policy, HA may, after careful consideration of individual cases, assess whether or how to disclose information related to the public interest as appropriate. For example, in the event of a major incident in the community, HA will consider releasing information to the public on its own initiative after weighing the impact of the incident on the public and the individual circumstances of the case, such as the number and profile of casualties or patients in a major traffic accident, fire or infectious disease outbreak, while paying due regard to protecting patients' privacy and providing the information that the public needs. In addition, HA has a mechanism in place to handle the requests for patient information from law enforcement agencies and thus give timely responses. If a law enforcement agency wishes to obtain a patient's medical records from a public hospital, it may make a written request to the hospital's chief executive or


8481

medical report department. HA will provide the information to the agency concerned after careful consideration of the individual circumstances and relevant factors, such as whether a serious crime is involved. HA will also provide relevant information to law enforcement agencies in compliance with the search warrants issued by the Court. Regarding a number of issues arising from the incident mentioned by Mr CHAN or Mr WONG, HA has all the while been fully cooperating with the Police in their investigation of the case. Through a search warrant in late August 2019, the Police requested the public hospital to provide information about the patient. The hospital concerned provided the relevant information to the Police in accordance with the search warrant. At that time, HA was informed that the case had entered into legal proceedings, so it had to respect and comply with the relevant restrictions and refrain from disclosing the relevant information to the public. DR PIERRE CHAN (in Cantonese): President, regarding part (2) of the reply, which is about the public interest, I also wish to ask a question of the Secretary, or the Under Secretary for Food and Health, who is sitting next to him. May I ask the Government to set out the specific circumstances under which the public interest may override personal privacy and patients' privacy in the disclosure of patients' information under the existing policy of Hong Kong? The reason for asking is that "public interest" is a very generic term. The Secretary has earlier given some examples, but we very much hope to have some clear policy guidelines so that the frontline staff, including those of the Police, the Court and healthcare institutions, will be clear about the circumstances under which the term "public interest" can be used. Can we have a clearer explanation as to what exactly it is in concrete terms? PRESIDENT (in Cantonese): Which public officer will give a reply? Under Secretary for Food and Health, please. UNDER SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, as I explained at the beginning, each case handled by HA has its uniqueness, as manifested in its background and clinical conditions, so it is


impossible to generalize about the consideration of public interest. Therefore, there is no specific formula for handling requests for release of information, but I have earlier put forward three very important principles. Simply put, HA has the obligation to protect patients' privacy and, under the relevant legislation, cannot disclose the detailed clinical conditions of individual patients to the public or the media without their consent. Secondly, as far as major public incidents are concerned, quite a few examples have occurred in the past, such as natural catastrophes, man-made disasters, or incidents threatening public health. HA has a mechanism in place to release aggregate data but not clinical information involving individuals. Thirdly, if faced with a formal request for information from a law enforcement agency, whether it is for medical records or by virtue of a search warrant issued by the Court, HA will definitely cooperate with the agency in its enforcement procedures. MR KWOK WAI-KEUNG (in Cantonese): President, in the Secretary's two-page main reply, there is only one sentence that says: "The Government will seriously examine the experience and practices of other countries and regions in handling fake news and false information to provide reference for the next step of work." President, this proves that the Bureau has taken this example of "ruptured eyeball" lightly, because as we all remember, the paralysis of the airport occurred the day after the incident involving "the girl with a ruptured eyeball", and at the same time some people continued to spread hatred towards the Government and the Police, hence indicating that the incident fuelled the continuation of "black-clad violence". There is a saying in the Mainland that "it takes one mouth to fabricate rumours but leg-breaking runs to dispel them". Dispelling rumours is no easy feat in itself. If in addition one can obstruct clarification by merely invoking the word "privacy", then it will be very difficult indeed for the Government to dispel rumours. President, in fact, we have all noticed that HA has not made any clarification on its own initiative despite holding first-hand information. This is tantamount to taking the side of the "black-clad violence". Then how would the Government not be fighting an uphill battle? The rationale is actually very simple. As to who exactly has the power to make clarification on behalf of the Government, and what timetable there is for the Government to legislate against


8483

false information and fake news, we cannot afford to study anymore. Although the Chief Executive Election will soon be held, all government departments will still be working and operating every day, so how can we wait any longer? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, the Government will employ all possible administrative and legal means to combat false information. Under the current legal regulation, we will take enforcement action according to the general principle that "laws are observed and strictly enforced, and offenders are brought to book". If someone disseminates inappropriate messages, the Police can pursue the matter under the Crimes Ordinance and the existing HKNSL, among others. Certainly, as I mentioned in my speech earlier, we may need to examine the existing legislation to see if there are any loopholes that need to be plugged, because we absolutely agree that too much false information will expose the community to many profound implications for public safety. Therefore, here we have to refer to different laws around the world, which vary in focus and content. As regards how to use them in Hong Kong, we will expedite our study. As I said earlier, in the areas where we can do something, such as doxing and real-name registration for SIM cards, we have other legislation to do it. In sum, our work has never stopped, and we will report to the Legislative Council as soon as possible on any latest developments. PRESIDENT (in Cantonese): Fourth question. Tenants affected by the demolition of factory estates 4. DR CHENG CHUNG-TAI (in Cantonese): The Hong Kong Housing Authority ("HA") announced in May this year its decision to demolish four of its factory estates in order to rezone the sites concerned for residential use. It has been learnt that more than 2 000 tenants are affected and quite a number of them are small and medium enterprises which have been in operation for decades and supplying daily life commodities to the community. HA will disburse an ex-gratia allowance amounting to 15 months' rent to each affected tenant and an additional cash sum of $100,000 to each tenant who moves out by February next


year. Some affected tenants have indicated that the amounts of such disbursements are too small, which are insufficient for them to find other places to continue their businesses or meeting the expenses to be incurred in winding up their businesses. In this connection, will the Government inform this Council:

(1) of the criteria based on which HA set the aforesaid cash sum at the level of $100,000; and

(2) whether HA will discuss with the Commerce and Economic

Development Bureau the formulation of a scheme of financial and administrative support to provide additional assistance to the affected tenants; if not, of the reasons for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, as we all know, tackling the problem of public housing shortage is at present one of the top priorities of the Government. To meet the keen demand from the community for public housing, the Government has been actively identifying and forming land with a view to increasing the supply of public housing. In the 2019 Policy Address, the Chief Executive invited the Hong Kong Housing Authority ("HA") to explore redeveloping its six factory estates for public housing use. HA has completed the relevant studies, and decided to redevelop the sites of four factory estates (viz., Yip On, Sui Fai, Wang Cheong and Kwai On Factory Estates) for public housing development. Due to environmental constraints, the sites of the other two factory estates (namely Chun Shing and Hoi Tai Factory Estates) are not suitable to be used for housing development at this stage. HA endorsed the above study results; and would proceed with rezoning the relevant sites of the four proposed factory estates for redevelopment, and at the same time arrange clearance of the tenants and demolition of the relevant buildings. The relevant arrangement can shorten the redevelopment programme and expedite flat production to meet the keen demand for public housing. My consolidated reply to the question raised by Dr CHENG Chung-tai is as follows:


8485

HA's factory estates are operated on commercial principles, and are let to tenants on three-year fixed-term tenancies. Pursuant to the tenancy agreement, HA has the right to terminate tenancies by giving three months' notice. Tenants are not legally or contractually entitled to relocation or any form of compensation. To assist tenants' removal, not only will HA provide advance notice to tenants affected by redevelopment or clearance programme to facilitate them to plan early, HA has also decided to provide a series of helping measures, including an ex gratia allowance, after taking into account the current circumstances. In addition to giving affected tenants an 18-month notice for their vacating the premises on or before 30 November 2022, HA will also pay an ex gratia allowance to affected tenants at 15 months' rent or licence fee according to the rent or licence fee level specified under the tenancy or licence as at the date of announcement of clearance (that is, 24 May 2021). Affected tenants who wish to continue their businesses may choose to participate in restricted tenders for priority bidding of vacant factory units in HA's two remaining factory estates (namely Chun Shing and Hoi Tai Factory Estates) and will be offered a three-month rent-free period. For those affected tenants who choose not to lease or do not succeed in leasing units in HA's two remaining factory estates, they will be offered a one-off cash sum amounting to $25,400 per standard unit of 25 sq m in size. Alternatively, they may choose to lease industrial units in the private sector. The total internal floor area of the four factory estates which HA proposed to redevelop is about 120 000 sq m. According to the statistics of the Rating and Valuation Department, there was over 1 million sq m vacant flatted factory space in the private sector as at the end of December 2020, indicating an abundant supply. Among them, there are units which are comparable to those on the four factory estates HA intends to redevelop in terms of building age, floor area, rent, location, and so on. Taking into account that relatively more tenants will be affected due to the clearance of four factory estates simultaneously and the limited supply of vacant units in HA's two remaining factory estates, HA has introduced a special "early bird" arrangement for the tenants for the first time in this clearance exercise. To encourage affected tenants to find suitable space in the private sector or make other plans earlier, affected tenants who do not lease units in HA's two remaining


factory estates and vacate and return the premises by end February 2022 or earlier will be offered an additional cash sum of $100,000 under the "early bird" arrangement. HA believes that this additional cash sum should be able to provide a certain level of assistance to affected tenants who do not lease units in HA's two remaining factory estates, especially those tenants leasing relatively fewer units (such as one or two standard units). Assuming an affected tenant is paying a monthly rent of $2,500 for leasing a standard unit of 25 sq m, the tenant concerned will be eligible for an ex gratia allowance amounting to $37,500; and an additional cash sum of $25,400 if he chooses not to lease the units in HA's two remaining factory estates, totalling $62,900. If the tenant vacates and returns the premises by end February 2022 or earlier, he will further receive an additional "early bird" cash sum of $100,000, amounting to $162,900 in total. HA appreciates that individual tenants may have different needs and may therefore wish to be provided with more assistance. According to the various allowances and payments currently provided by HA, the maximum amount payable to the tenant in the above example has reached 65 times the monthly rent. In fact, the maximum amount payable to some individual tenants leasing multiple units exceeds $2 million. As the use of public money is involved, HA needs to be prudent in handling the matter. HA will continue to maintain close liaison with affected tenants and provide timely response to their enquiries and concerns. DR CHENG CHUNG-TAI (in Cantonese): The Secretary seems to be saying that on the arrangements concerning the simultaneous demolition of the four factory estates this time around, the authorities have already put in place a number of initiatives or compensation schemes as assistance for the 2 000 or so tenants involved. Nevertheless, I think all the initiatives concerned have missed the point. Actually, their greatest difficulty is that despite the authorities' provision of various incentives or an "early bird bonus" for them, they are still unable to find any units ranging from 250 sq ft to 300 sq ft on other factory estates in the market to continue with their business. That is to say, in the face of eviction by the Government, the tenants concerned are not presented with such a simple problem


8487

of whether they can find a larger unit. Their problem is rather that if they are unable to find any units of comparable sizes, the business they have inherited from their parents or even their predecessors will go down the drain, and business closure will be inevitable. Therefore, the fundamental issue is not so much about the compensation amount, and it rather pertains to the possibility to find any units of a suitable size on the market within such a tight time frame. In this regard, most tenants have said that they are unable to do so. President, speaking of a notice period of 18 months, can the Secretary give an open undertaking that the authorities will exercise discretion and offer some flexibility and promise us here that the notice period will be extended by at least half a year to 24 months? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, many thanks to Dr CHENG for his supplementary question. Earlier on, I already gave a brief account of the statistics compiled by the Rating and Valuation Department. I wish to add a few points if I may. As at the end of 2020, the vacancy rate of private factory estates stood at around 6.4%, and the vacant units added up to over 1 million sq m in size. Over half of such units were located in Kwun Tong, Kwai Tsing and Tsuen Wan. A majority of the factory estates in these districts were constructed during the period between 1970 and 1990. According to recent online records on the lease and transaction of factory estate units, the sizes of factory estate units in such districts as Cheung Sha Wan, Kwun Tong, Kowloon Bay, Kwai Chung, Tsuen Wan and Tuen Mun range from some 10 sq m to 500 sq m, and their rents also fall within the range of $80 per square metre and $200 per square metre, depending on factors such as the location and age of the factory estates concerned and also their available facilities. There are actually units which are comparable to those on HA's factory estates in terms of age, size and rent, and we also believe that the supply of private factory estate units is abundant. They may be an option for those tenants who intend to continue with their operation. Just now, Dr CHENG asked about the possibility of extending the notice period to 24 months. Basically, we have considered the demolition process in


the past and opine that a notice period of 18 months is quite sufficient for factory operations. But if there are special cases, we will also draw up certain arrangements based on actual circumstances. MR POON SIU-PING (in Cantonese): President, we understand that the community has keen demand for public housing. But the Government must also consider the closure of engineering businesses and the repercussion for workers' employment as a result of the demolition of the factory estates concerned. The Secretary's main reply points out that compensation arrangements have already been made under the demolition plan. Recently, I received a letter of opinion from affected tenants engaging in the electrical and mechanical engineering business. They hope that the Government can pay heed to their views and provide more support or subsidies, so as to assist them with their relocation. According to the Secretary just now, HA appreciates that individual tenants may have different needs and may therefore wish to be provided with more assistance, adding that as the use of public money is involved, HA needs to be prudent in handling the matter. May I ask the Secretary whether the Government will further increase the compensation amount? If HA faces financial difficulties, will the Government launch additional schemes that are comparable to the Employment Support Scheme or the Construction Industry Anti-epidemic Fund, so as to assist those affected by the demolition plan? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, many thanks to Mr POON for his supplementary question. First, let me say it clearly once again that our past demolition arrangements and even our contract arrangements with tenants on our factory estates are all very clear and unambiguous. Basically, after giving sufficient notice where appropriate, HA may terminate a tenancy agreement without having to offer any compensation. But we understand that in the prevailing environment, especially as some Honourable Members present here have also pointed out, various industries or tenants are facing practical difficulties. In the light of this, we will


8489

offer an "early bird bonus" for the very first time, and we will compute the amount of the ex gratia allowance based on the existing rent of the unit they rent. All this can fully show that HA has offered assistance as far as possible in the course of handling tenants' relocation. It is true to say that HA is a public body, so it must be careful when spending public money. The staff of our factory estate offices have maintained ongoing communication with individual tenants on the factory estates, so as to understand their circumstances and offer them a clear explanation on the arrangements for the ex gratia allowance, the "early bird bonus" and even the future restricted tender exercise, in the hope of providing them with information and assistance in this regard. Speaking of the units available for rental, I believe the tenants concerned should know better about their supply. As I said just now, they may find the information on all existing factory estate units in different regions on the Internet or even through a physical visit. As for the question of whether the allowance amounts can be increased, I hope Honourable Members can understand one thing. We appreciate the concerns raised by Honourable Members amidst the prevailing circumstances, and this explains why we have put in place special arrangements. So, when it comes to the allowance amounts, a tenant who rents one unit will get some $100,000, and if he rents two units, he can get around $200,000. Besides, the maximum amount of the ex gratia allowance together with the "early bird bonus" payable to some individual tenants even exceeds $2 million. We think this amount is appropriate. MR WILSON OR (in Cantonese): President, the Secretary's earlier reply has already explained clearly the compensation and resettlement arrangements drawn up by HA and the Government for dealing with the demolition of these four factory estates. I myself have also approached individual tenants on these four factory estates, and in the communication process, I can feel their strong sense of helplessness. They have this feeling because they want to support the Government's efforts to develop land and identify sites for housing construction purpose. But more critically, they are very concerned about compensation and resettlement. During the meeting, we have even come to learn that some tenants were only given compensation without any resettlement arrangements.


Secretary, as I often emphasize, "more meetings can reduce misunderstanding; more communication is definitely a key to success", and I also know that the frontline staff of the authorities have likewise interacted with them. But in the process, have the authorities conceived any ways to strengthen liaison and enable tenants to engage in constant or direct communication with HA's staff, so that they can voice out their difficulties? Besides, on the issue of specific compensation, can the authorities engage in exchanges and deal with it directly with individual tenants? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, many thanks to Mr OR for his supplementary question and views. I wish to say that in the course of arranging for the redevelopment of the four factory estates―as one of the factory estates comprises two buildings, we say four "factory estates", and I hope Members can understand this―we are aware of the concerns raised by existing tenants, and our colleagues have also got in contact with existing tenants on different occasions, so as to explain the relevant arrangements and provide assistance to them. First, I fully agree to the need to enhance communication, liaison and interaction. This is our duty, and our colleagues will also do their best in this regard. If any Members present here receive enquiries or requests for assistance from tenants, and if Members trust us, I welcome their referral of the relevant cases to our colleagues, and I also implore them to do so. Our colleagues in the four factory estate offices have fully and properly prepared themselves, and they have also communicated with existing tenants from time to time. If we receive any case referral, we will be pleased to provide them with information and the relevant assistance. MR MICHAEL TIEN (in Cantonese): President, after learning about and discussing this matter last month, I immediately went to discuss with tenants on-site in order to find out more about their problems. Before officials made this decision that would affect so many people, why did they refuse to heed the problems faced by people in different industries in finding another place? This mess is of HA's own making, and it must not try to get away by putting forth the excuse that the responsibility rests with property owners. Of course, who will oppose public housing construction anyway? But in this world, it is necessary


8491

to strike a balance. Do the authorities think that they have no contribution to the long-term development of Hong Kong's economy? Here are two problems I realized upon arrival on-site. Some tenants must rent a unit on the ground or first floor due to the weight of heavy machineries, and it is utterly impossible for them to rent any units on private factory estates because they have all been leased out. So, they cannot possibly find any units available for rental. Besides, the number of tenants engaging in the manufacturing of metalware accessories is the greatest of all. Their existence is necessary to Hong Kong because they are part of Hong Kong's overall industrial chain. For example, the Leisure and Cultural Services Department, the MTR Corporation Limited, hotels and restaurants are all their customers because their operation is of a monopolistic nature, and they can deliver their products in 24 hours. But owners of private factory estate units will definitely refuse to lease their units to them. The supplementary question I intend to ask the Secretary is this. The Secretary should discuss with such tenants, so as to find out their number. Since owners of private factory estate units will not lease their vacant units to them, can the authorities refrain from resuming all the four factory estates? Is it possible to resume only one of them and retain the other three, just as I proposed earlier on? Those who want to close down their business may simply do so; and other tenants may find another place. If the authorities think that such tenants are not that many, they may only resume two factory estates instead of one. Tenants engaging in many industries will certainly be unable to rent a unit in private factory estates out there, so the authorities must allow them to continue their business at the original location no matter what. This matter also has significant impact on other industries in Hong Kong, so can the Secretary promise me that a door-to-door survey will be conducted? The authorities must depend on the business nature of tenants and cannot simply offer monetary compensation. SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, many thanks to Mr TIEN for his views. I wish to begin by saying that HA's main function or mission is to provide liveable and affordable housing to low-income families with housing needs. Managing factory estates is not HA's core business. As the Long Term Housing


Strategy Annual Progress Report 2020 has clearly announced our housing construction target for the next 10 years, we need to concentrate our resources on meeting the relevant target, so as to improve the life of those living in inadequate housing conditions. We have clearly heard Mr TIEN's views. Actually, speaking of the trade categories of existing tenants and their respective proportions, we have also grasped the relevant information. As far as we can see, the proportion of tenants engaging in the "manufacture and repair of equipment, machinery, electrical appliances, lamps/lightings and upholstered furniture" is quite large. As for those involved in the "manufacture of fabricated metal products and casting of metals", they likewise account for a certain proportion. Of course, as many trade categories are involved, I do not want to waste Members' time here. But anyway, we have taken the first step forward and provided an ex gratia allowance alongside an "early bird bonus" as far as we can. I hope to draw Honourable Members' attention to one thing. Certain private factory estates near the factory estates I mentioned just now also provide units of a comparable size, and there is not much difference in rent upon comparison. I think this can alleviate the problem to some extent. In the case of those tenants who are keen or willing to move to our remaining two factory estates and continue with their business, we certainly welcome their participation in our restricted tender exercise. "Restricted tender" means that tender or application eligibility is restricted to those affected tenants, and they will be given priority. Any unfulfilled quotas will be put to open tender afterwards. I think this is also an appropriate form of assistance. MR MICHAEL TIEN (in Cantonese): The Secretary has not answered my … PRESIDENT (in Cantonese): Mr Michael TIEN, the time spent on this question has exceeded the limit. Since you have asked a number of supplementary questions, you may follow them up with the Secretary on other occasions. PRESIDENT (in Cantonese): Fifth question.


8493

A topside property development project at a railway station 5. MRS REGINA IP (in Cantonese): President, the MTR Corporation Limited ("MTRCL") and a real estate developer are jointly developing The Pavilia Farm, a topside property development project at MTR Tai Wai Station. On the 8th of this month, the developer announced its decision to demolish and rebuild two buildings under construction in Phase III of the project because the concrete of the wall bases of those buildings had not met the requirements of the approved design in the strength tests. In this connection, will the Government inform this Council:

(1) given that the Secretary for Transport and Housing is a member of the Board of Directors of MTRCL, whether the Transport and Housing Bureau will conduct an investigation into the aforesaid incident, and submit the relevant report to this Council; if not, of the reasons for that;

(2) whether it has assessed if MTRCL, being one of the developers of the

project, has the responsibility for monitoring whether the construction works are carried out in compliance with the requirements; if it has assessed and the outcome is in the affirmative, of the details of the monitoring mechanism; if the assessment outcome is in the negative, the reasons for that; and

(3) whether it knows the course of events leading to the exposure of this

blunder in works implementation, and which units and personnel are to be held responsible for the blunder; what measures the Government will put in place to prevent occurrence of similar incidents in the future?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the Government is highly concerned about the incident of concrete strength of some reinforced concrete structures in the Pavilia Farm Phase III ("the development project"), a private development project on top of MTR Tai Wai Station, being found to be lower than the specified grade strength as shown on the building plans approved by the Buildings Department ("BD"). Relevant departments and the MTR Corporation Limited ("MTRCL") have launched investigation and followed up on the incident.


Having consulted the Development Bureau and MTRCL, our consolidated reply to the various parts of Mrs Regina IP's question is as follows. MTRCL is the owner of the development project. It is responsible for the planning of the entire project as well as the management of interfacing issues regarding the operating railways. MTRCL awarded the property development project to New World Development Company Limited ("the Developer") through an open tender. According to MTRCL, based on the agreement entered into between the Developer and MTRCL, the Developer is responsible for designing, constructing, coordinating and supervising the entire project to ensure that all the construction works fully comply with relevant legal requirements. As the development project is situated next to railway premises, MTRCL, as the railway operator, has been closely monitoring the possible impact brought by the construction works on the structure of railway facilities, including regular monitoring of track conditions, and the relative height and distance between the tracks, platforms and overhead lines, in accordance with its repair and maintenance management system in order to ensure railway safety. As regards to this incident where some concrete strength was found subpar in the development project, MTRCL has urged the Developer to conduct a full investigation and implement proper remedial measures as soon as possible to ensure that the relevant buildings meet the requirements of the approved design. Meanwhile, MTRCL has also requested the Developer to ascertain the construction quality of the remaining buildings of the development project. The Government attaches great importance to the safety and quality of building works. In so far as private development projects are concerned, BD, by virtue of the Buildings Ordinance ("BO") (Cap. 123), requires the registered building professionals and registered contractors responsible for the building works to properly supervise the building works to ensure that the works are carried out in accordance with BO and its subsidiary regulations, approved plans of the works concerned and any orders made or conditions imposed by the Building Authority under the aforementioned legislation, including compliance with the required standards. Furthermore, the Site Monitoring Section of BD carries out site inspections and surprise checks to monitor the building works in construction sites, so as to ensure public safety and quality of works. On 18 June 2021, BD received notification from the registered structural engineer ("RSE") of the development project that according to the results of the


8495

compressive strength test of the core samples taken from two reinforced concrete columns between the 7th floor and 8th floor of Tower 8, the strength of the concrete used was lower than the specified grade strength as shown on the plans approved by BD. RSE has taken the initiative to suspend the superstructure works of that tower. Subsequently, BD again received notification on 6 July stating that similar situations were found in the reinforced concrete loadbearing walls of Tower 8 and some of the reinforced concrete columns and loadbearing walls of Tower 1. RSE suspended the superstructure works for Tower 1 immediately. Upon receipt of both of the two notifications, BD has immediately sent staff to carry out inspections and has been following up the incident closely, including requesting the relevant registered building professionals to submit further information and remedial works proposal, as well as to investigate the cause of the incident. BD also demanded that the superstructure works concerned must continue to be suspended to ensure public safety. As of now, BD has confirmed upon inspections that the overall structure of all seven residential buildings of the development project have no obvious danger. BD has requested the relevant registered building professionals to submit a comprehensive report of the incident before 30 July, and is reviewing the preliminary results of additional tests conducted by the relevant registered building professionals in July for the remaining five buildings of the project. Furthermore, BD is conducting an investigation as to whether the incident involved violations of BO. Regarding the demolition and reconstruction works of the two buildings involved, BD has requested the relevant RSE to submit demolition plan, which must cover the procedures, details, safety and precautionary measures, etc. of the demolition works, so as to ensure compliance with regulatory requirements. BD will consult MTRCL on the relevant demolition works. The registered specialist contractor appointed can only commence the demolition works after obtaining the approval and the Consent to Commence Works issued by BD. The Transport and Housing Bureau has also instructed MTRCL to ensure that railway services and safety would not be affected during the demolition and reconstruction process of the buildings by the Developer. MTRCL will examine the risk assessment and construction methods submitted by the Developer to ensure that all the necessary railway safety protection and control measures are fully implemented. It will also set up a task force to review the demolition and reconstruction plan as well as the protective measures of the contractor, and monitor the demolition and


reconstruction process continuously and stringently through on-site inspections and real-time detection systems to ensure that railway services and safety will not be affected. MRS REGINA IP (in Cantonese): President, the Secretary has explained in the main reply clearly that MTRCL is the owner of the development project. Much to my surprise, MTRCL, being the owner of the development project, has entrusted the Developer―the New World Development Company Limited―through an open tender with all the tasks concerning the construction, coordination and supervision of the entire project. According to the reply, it seems that other than overseeing the impact on the railway-related facilities and structures, MTRCL has no role to play in the supervision of the development project after awarding the project to the New World Development Company Limited. Upon seeing the reply, we found that BD was notified twice―fortunately the Developer notified the Government without delay. Besides, a compensation package was offered soon afterward, and the buyers did not have much objection to the offer. My only concern is about the environmental-related issues after the demolition works. Nevertheless, does the Secretary agree that MTRCL or even BD has failed their monitoring duties? What measures should be put in place to prevent the recurrence of similar incidents? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I wish to thank Mrs Regina IP for raising the supplementary question. Our understanding is very clear. Just now Mrs Regina IP has also stated it clearly that MTRCL is the owner of the development project. Just now I have explained in the main reply that MTRCL is responsible for the planning of the entire project. As far as its role is concerned, at the early stage, it was responsible for engaging a consultant to study the site development, design the Master Layout Plans and submit the proposal to the Town Planning Board for approval. MTRCL awarded the development project to the Developer through an open tender. According to the agreement signed between the Developer and MTRCL, the Developer is responsible for the design, construction, coordination and supervision of the entire project and to ensure that the construction works are carried out in compliance with the requirements of the relevant legislation. Just now I have also explained that after the problem was found by the relevant RSE, the matter was reported to BD―that is the regulatory authority


8497

under BO―and the relevant information was also sent to MTRCL. Upon receiving the notification, MTRCL fulfilled its responsibility by urging the contractor and the Developer to ensure that the current and future operation of the railway system would not be affected and to ensure the safety of railway operation. MTRCL has also activated emergency responses to manage and closely monitor the railway operation. Therefore, under this circumstance, MTRCL has fulfilled its responsibilities under the agreement, and it has also fulfilled its responsibilities as a railway operator. As for the building incident, it is not appropriate to discuss it publicly at this stage as BD is currently conducting an investigation. MR CHEUNG KWOK-KWAN (in Cantonese): President, MTRCL has developed a number of topside residential projects along its railway stations over the years, one may say that it is one of the major property owners in Hong Kong and therefore it should have a lot of experience in developing residential projects, but regrettably, such an incident has happened in its property development project. May I ask the Secretary, if the role played by the project team of MTRCL is so limited that it even sounds like they have no role to play at all, how can they ensure that similar incidents will not happen again in future property development projects of MTRCL? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I wish to thank Mr CHEUNG for raising the supplementary question. We should understand that, in order to develop a site, the relevant developer must first be awarded the project through tender. As in the case of land put up for tender by the Government, if problems arise in the course of development, should the government department that tendered the land also be held responsible? The existing legislation in Hong Kong in this respect is BO, under which BD is responsible for overseeing the structural safety of buildings, and BD has performed its statutory function of dealing with building safety to ensure public safety. I understand that we all have a feeling that MTRCL has failed our expectations, and I personally share that feeling. However, we need to be clear about who should be responsible for certain things and which party should be held accountable for certain things. I believe this will make the development of society as a whole more harmonious, as there is a need to make a trade-off between balancing public interest and public safety.


In any case, according to what we have seen and what I have explained, MTRCL has delivered on its duty as the owner of the project and the operator of the railway in ensuring the safety of the railway and the public. Of course, we have also urged MTRCL to carry out real-time monitoring of the future demolition and reconstruction process on the development site and railway operations, as well as to install railway-related monitoring systems, including optical radar equipment to detect whether foreign objects have entered the railway area. Under the circumstances, we believe that it is appropriate for BD to conduct the investigation, and it is also appropriate for the Developer to conduct its own investigation. In addition, MTRCL has already set up a task force to follow up on the situation and will take appropriate action if necessary. MR ABRAHAM SHEK (in Cantonese): President, on this issue, I would like to declare that I am a non-executive director of NWS Holdings Limited. It can be said that the Secretary's answer to the question has simplified the incident. We must look at it from the beginning, MTRCL should be held accountable, because the project was awarded by MTRCL, and this is my first point. My second point is, the Developer is also responsible for the construction of the buildings and BD monitored the construction process. The main question raised by Mrs Regina IP was very clear, that is, what MTRCL should do before the incident had occurred … how it should monitor this situation, as they are the responsible party; yet the Secretary has tried his best to explain with a lot of words, but failed to answer Mrs Regina IP's question, this is one point. Furthermore, I would like to ask if the Secretary can answer the question raised by Mrs Regina IP? It will then be clear and comprehensible to all. Thirdly, should MTRCL also be responsible for future compensation; or should the Developer of the project be responsible for compensation; and will the financial loss incurred as a result of the incident affect the revenues of MTRCL and the Government? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I wish to thank Mr SHEK for raising his supplementary question and his views. First of all, MTRCL, during the process of implementing the project by the Developer, just now I have explained that, as the railway operator, MTRCL's primary responsibility is to ensure the safety of the railway and the safety of the public. As for the Developer's responsibilities, I have also quoted the MTRCL's information earlier that according to the agreement, the Developer's essential responsibilities are quite clearly stated. As for the matter mentioned by Mr SHEK just now, I believe Members are also concerned about who should be


8499

held responsible in the event of future compensation claim. As far as this part is concerned, I hope we should bear in mind that in a business community, after an agreement is signed, no matter what it is … when it comes to the agreement, what we are discussing is the agreement signed between MTRCL and New World Development Company Limited, and it contains a nondisclosure clause. Therefore, I can only point out that any future compensation or claim will be dealt with in accordance with the terms and conditions of the agreement. I cannot and will not disclose the contents of the agreement here, and frankly, the Government does not know the details of the agreement. PRESIDENT (in Cantonese): Mr Abraham SHEK, which part of your supplementary question has not yet been answered? MR ABRAHAM SHEK (in Cantonese): The Secretary has not answered my supplementary question. My question was about the responsibilities of MTRCL before the incident since it would involve its liabilities, and that was a clear-cut question. PRESIDENT (in Cantonese): Mr Abraham SHEK, you have indicated the part of your supplementary question that has not been answered. Secretary, do you have anything to add? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I understand Mr SHEK's supplementary question. However, I have already explained time and again. As I have already described relatively clearly the respective responsibilities of MTRCL, the Developer and the various regulatory authorities, I have nothing to add. DR CHENG CHUNG-TAI (in Cantonese): President, this is arguably the most significant and serious construction incident since the inception of Hong Kong. Although the company responsible for the project took the initiative to demolish the relevant parts of the two buildings and eliminate the hazards there as a result, the fact is that this is only a public relations exercise, the quality management problem of private housing project has not really been resolved. More


importantly, the problems with the building project in question were not reported until after the incident, and BD was only notified twice two weeks after the flats in the project had been put on sale. For that reason, we would like to ask a fundamental question: Why did it take them two weeks after the launch of sale on 5 June to inform you of the quality problem? May I ask if the Secretary has tried to understand why BD was acting so passively even after being notified twice and whether the Government has put in place any monitoring system for the quality management of private buildings? UNDER SECRETARY FOR DEVELOPMENT (in Cantonese): President, I wish to thank Dr CHENG for raising the supplementary question and putting forward his comments. As to the supervision system of private buildings, it is in fact carried out under the basis of BO. According to the relevant ordinance, any authorized person appointed in respect of the building works, RSE and registered geotechnical engineer have their respective duties, these include regular supervision of building works to be carried out in accordance with the supervision plans drawn up under the Code of Practice for Site Supervision 2009 issued by BD. Registered contractors are also required to continuously supervise the works in accordance with the supervision plans. For building works involving reinforced concrete, while in the vetting and approving process of a building plan, BD will, in accordance with BO, impose conditions on the qualified supervision of works by requiring the registered building professionals and registered contractors for the development to appoint experienced and competent persons respectively to provide qualified site supervision of reinforced concrete works, in order to ensure that the works are carried out in accordance with the approved plans and the required standards. This incident demonstrates that BO's regulatory regime, that is, BD's imposition of testing requirements on buildings when approving plans, as well as the role of the relevant registered building professionals and registered contractors as stipulated in the legislation, is effective in monitoring the quality of site works. BD is currently investigating whether or not the incident is in breach of BO. After we have identified the cause of the incident, we will review the mechanism and requirements as necessary in the light of the circumstances revealed. PRESIDENT (in Cantonese): Last question seeking an oral reply.


8501

MTR fares 6. MS ELIZABETH QUAT (in Cantonese): President, the Tuen Ma Line ("TML") of the MTR Corporation Limited ("MTRCL") was fully commissioned on the 27th of last month. Some members of the public have pointed out that the fare structure of TML is unreasonable. For example, the fares for shorter journeys are conversely higher than those for longer journeys (a situation commonly known as "higher fares for shorter journeys"), and there is quite a great variance in the fares for different journeys of comparable lengths. Regarding MTR fares, will the Government inform this Council:

(1) whether it knows the current number of stations involved in those TML journeys having the situation of higher fares for shorter journeys; whether it has estimated the average daily number of passengers affected; if it has not, whether it will expeditiously make such estimation;

(2) as it has been reported that it took MTRCL six years to implement

distance-based charging for the entire West Rail Line, whether the Government will request MTRCL to provide a timetable for progressively rectifying, in accordance with the Fare Adjustment Mechanism each year, the situation of higher fares for shorter TML journeys; if so, of the details; if not, the alternative measures to rectify such situation; and

(3) given that no uniform criteria for determining the fares of the

various railway lines were drawn up at the time of the rail merger in 2007, whether the Government will request MTRCL to draw up the relevant criteria and determine afresh, in accordance with such criteria, the fares for the journeys along the various railway lines?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, the Tuen Ma Line ("TML") was fully commissioned on 27 June this year, connecting the original Ma On Shan Line ("MOS Line") and West Rail Line ("WRL"). The two new stations of Sung Wong Toi and To Kwa Wan, together with the new platforms at the Ho Man Tin Station and expanded Hung Hom Station came into service at the same time. Running 56 km through 27 stations


from Wu Kai Sha Station in the east to Tuen Mun Station in the west, TML is the longest railway line in Hong Kong, connecting New Territories East, Kowloon and Northwest New Territories. The six interchange stations along TML connect passengers with the East Rail Line ("ERL"), Kwun Tong Line ("KTL"), Tung Chung Line and Tsuen Wan Line, providing more choices for interchanging within the railway network and enhancing connectivity. My reply to the various parts of the question raised by Ms Elizabeth QUAT is as follows: Generally speaking, fares of the MTR heavy rail system are determined basically based on distance, while taking into account other factors including market competitiveness, trip nature (for example whether cross-harbour journeys are involved) and the existing overall fare structure. Fares of new railway lines commissioned in recent years, such as the KTL Extension, South Island Line and full TML, are determined in accordance with the above principle. The full commissioning of TML connects a number of existing railway lines, including the original WRL and MOS Line, as well as ERL. Fares of these railway lines were already determined according to their own fare structures before the rail merger. In particular, ERL commenced service as early as in 1910. Its fare determination was influenced by historical factors and involved the co-existence of domestic and cross-boundary services; hence it is difficult to directly compare its fare structure with other railway lines. Therefore, in the MTR heavy rail system, the fares of stations on existing lines or new lines to be commissioned which run through ERL and original WRL and MOS Line will be influenced by fares of these lines. Besides, whenever there is a new railway line connecting or running through existing railway lines, passengers' commuting routes may change. For example, a trip from Diamond Hill Station to Ho Man Tin Station will pass through eight stations along KTL while only four stations along TML. Some passengers may therefore switch to using TML. However, regardless of the line the passengers use, they will have to pay the same fare. When determining fares for new lines, the MTR Corporation Limited ("MTRCL") adopts the basic principle of not changing the fares of existing lines. To this end, the fares of new railway lines will be bounded by the fare structure of the existing railway network, resulting in fare anomalies for some trips (which is the so-called "higher


8503

fares for shorter trips while lower fares for longer trips"). Such circumstances only account for less than 2% of the over 4 000 trip combinations in the entire MTR network. MTRCL has been carefully handling the situation by adjusting the fare in phases according to the annual Fare Adjustment Mechanism ("FAM"). Given the improved connectivity and increasing complexity of the railway network, we must be prudent in adjusting the fares of specific routes or stations of TML as it may impact on other railway lines and cause other anomalies, which in turn affect other passengers. Therefore, subject to the annual adjustment rate of the MTR fare based on FAM, it is expected that it would take several years to have the above fare anomalies resolved. Currently, MTRCL offers various concessionary tickets in a bid to reduce the impact of fare anomalies. For instance, users of the "Sheung Shui/Wu Kai Sha―East Tsim Sha Tsui Monthly Pass Extra" can enjoy unlimited rides between specified stations (including a number of TML stations) within a month. Passengers using the "MTR City Saver" can take trips at a uniform fare between 66 designated urban stations, including the newly-commissioned Sung Wong Toi and To Kwa Wan Stations. Meanwhile, to mark the full commissioning of TML, MTRCL has introduced the "Sung Wong Toi/To Kwa Wan Stations Fare Discount" and extended the "Hin Keng/Kai Tak Stations Fare Discount" launched during TML Phase 1. MTRCL has also introduced the "Special Interchange Discount" in collaboration with green minibuses and franchised buses and introduced new interchange routes. President, the Government will continue to closely monitor the situation and urge MTRCL to deal with the fare anomalies expediently, in addition to providing more fare concessions. We understand that Members' concerns on MTR fare anomalies ultimately stem from concerns on the public's burden of travel expenses. In fact, to relieve the fare burden of the public is one of our major policy goals. Through the Public Transport Fare Subsidy Scheme ("the Scheme"), which is non-means-tested and covers major local public transport modes, the Government offers direct subsidy to the public for their public transport expenses. To further


alleviate their fare burden, the Government has announced earlier to extend the temporary special measures implemented under the Scheme, including relaxing the monthly threshold for subsidy and increasing the monthly subsidy cap. According to the latest statistics as at June 2021, the number of beneficiaries per month was around 3.05 million. MS ELIZABETH QUAT (in Cantonese): President, at present, the fare from Hung Hom Station to Hin Keng Station is $9.6, but $6.2 to the farther Tai Wai Station and $7.9 to the even farther Shek Mun Station, and even the Secretary also recognizes this problem of "higher fares for shorter journeys". However, the Secretary's main reply only says that the situation would be gradually rectified through the annual FAM. When he said "it is expected that it would take several years", how many years did he mean? Did he mean three years or nine years? In fact, is this a delaying tactic? This is not fair to the passengers of shorter journeys. Therefore, I think we should not wait for the annual FAM, but should adjust the fares as early as possible (i.e. the sooner the better). Therefore, I would like to ask the Bureau whether it will consider using the fare structure of ERL as a standard for all MTR lines, lowering MTR fares across the board, and evaluating as soon as possible how the use of the fare structure of ERL as a standard for fare determination will affect the standard for fare determination and fares of all railway lines in Hong Kong. SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Ms QUAT for her follow-up question. Why did I need to ponder for a moment? Because the question that Ms QUAT asked just now is how much time would be needed to rectify the situation through the annual FAM. We have to make an assumption because a lot of these calculations require some preconditions. If we assume that MTRCL will need to adjust fares for the next three years, our initial estimate is that more than half of the trip combinations with "higher fares for shorter journeys" can be rectified within three years. However, the actual situation depends on the rate of fare adjustment each year, why? As I explained earlier, if we have a so-called situation of "higher fares for shorter journeys" or what we call fare anomalies, we do need some time to rectify them. When we deliberately lower the fare at a certain point, we have to


8505

remember that there are many stations in Hong Kong where passengers enter or leave for their commuting routes, and there are more than 4 000 such combinations. So, if the fare at any one station is raised or lowered in relation to the fares of the stations nearby, it will have a knock-on effect on the other lines as well. Hence, we really need to be careful with this adjustment process. How can we provide an arrangement at this time to minimize the impact on the public? As I said in my main reply, in the process of fare adjustment through the annual FAM, we have invited MTRCL to provide fare concessions, such as interchange concessions, or even special monthly passes, at the affected stations to minimize the impact on frequent commuters who have to regularly travel to work and school. I believe that there are many ways to resolve this problem, and any fare adjustment through this FAM or made on our own initiative will also have some implications. We think that through FAM mentioned earlier, assuming that there is a moderate adjustment in the future, half of the fare anomalies can be rectified within three years, and MTRCL can continue to provide relevant concessions, such as interchange concessions, fare concessions or monthly pass arrangements. I think the overall problem can be dealt with, but of course may not live up to Ms QUAT's expectations. But after all, some time and procedures are needed. PRESIDENT (in Cantonese): Ms Elizabeth QUAT, which part of your supplementary question has not been answered? MS ELIZABETH QUAT (in Cantonese): President, the Secretary just said that the concessions could not benefit all Hong Kong people, but I asked the Secretary whether he would consider using the ERL fares as the standard for all MTR lines and lowering MTR fares across the board. PRESIDENT (in Cantonese): Secretary, do you have anything to add?


SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, as I also mentioned just now, concerning the use of ERL fares as the basis for adjustment, firstly, fare adjustment of ERL was influenced by historical factors, which I mentioned earlier; and secondly, apart from local routes, there is also a cross-boundary route on ERL, so the impact of any fare adjustment will be quite significant. MR MARTIN LIAO (in Cantonese): President, according to the Operating Agreement entered into between the Government and MTRCL, MTRCL's FAM should be reviewed once every five years. The current mechanism should be extended to 2022-2023, under which MTRCL has the flexibility to increase or decrease fares by an additional 5% for individual journeys. Precisely by making use of this flexibility, MTRCL has spent six years in rationalizing the distance-based fares on WRL. But if this mechanism is used to resolve the problem of "higher fares for shorter journeys" on TML, it will take a very long time, and some estimate that it will take 8 to 10 years. If the period is so long, it will be going against corporate social responsibility and public interests. President, may I ask the Government whether it will review this flexible arrangement when it reviews FAM with MTRCL next year? If yes, what is the direction? If not, what are the reasons? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr LIAO for his supplementary question and views. According to the Operating Agreement signed between the Government and MTRCL, fare adjustment reviews will indeed be conducted every five years, and the next review of FAM will be completed in 2023. During the process, we will submit the relevant views in a truthful and proactive manner to it for consideration, as many factors also need to be considered at the same time in FAM. (THE PRESIDENT'S DEPUTY, MS STARRY LEE, took the Chair)


8507

It is true that we do listen to views on the annual fare adjustment or the five-yearly review of FAM. However, I hope that we will not give Members unrealistic expectations, and we will explore and study the relevant issues with MTRCL in the hope that it can deal with them as far as possible. However, as I said earlier, since the entire railway network is involved and there are more than 4 000 trip combinations, the adjustment process will be very detailed and will take into account the fare determination basis of different railway lines as a whole, in the hope of finding a proper answer. MR CHAN HAN-PAN (in Cantonese): Deputy President, we certainly know that ERL has a very long history, and since ERL has such a long history, its fare determination mechanism should also be served as a reference for MTRCL. Although the Secretary said earlier that ERL has a cross-boundary route, excluding the subsidy from the cross-boundary route, the fares of ERL can also be used as a benchmark. The Secretary responded earlier that the issue of "higher fares for shorter journeys" would be gradually resolved. In fact, "gradually resolved" means that the lower fares for longer journeys will be increased gradually to a level similar to the higher fares of the shorter journeys. So, the fares as a whole will change from "higher fares for shorter journeys" to "high fares for long and short journeys", regardless of the distance. Therefore, I agree with Ms Elizabeth QUAT's suggestion that MTRCL should set a standard based on the fares of ERL and then rationalize the MTR fare determination as a whole. When the Government discusses fare determination with MTRCL, what are the justifications adopted in the discussion? How does the Government intend to discuss the issue? Will the Government allow MTRCL to continue to gradually change "higher fares for shorter journeys" by adjusting the fares of longer journeys upwards, or will it set a standard and require MTRCL to use distance as the basis for fare determination, or will it make reference to other places and adopt zone-based fares? Will the Government consider different methods to make the public feel that the Government has a bottom line and will not just let MTRCL do whatever it wants?


SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): I thank Mr CHAN for his views and I can provide some more information for Members' reference. Regarding the situation of "higher fares for shorter journeys" that we are talking about, the fare difference of half of the trip combinations is actually within $1, but of course, $1 is also a figure. As I also said earlier, during this time before there is any new arrangement, we have asked MTRCL to provide some concessions as far as possible so that the impact on the public can be minimized. Therefore, the provision of interchange concessions or monthly pass concessions is also a way of consideration. Of course, in the long run, we have to deal with this issue. Therefore, firstly, the review of FAM once every five years offers an opportunity, and secondly, we can also refer to different ways to deal with it. However, we have to pay attention to the fact that there is already a set of criteria for fare determination for each railway line, so it is not possible to change the fares of only one railway line at a time, because when the fares of one line are changed, there will be fare anomalies between stations due to the interlocking railway network. Maybe we are talking about less than 2% of anomalies today, but if we arbitrarily change the fares of some stations or one line, it may actually lead to other anomalies. Therefore, we really need to seriously discuss, analyse and sort out with MTRCL with a view to resolving the problem of "higher fares for shorter journeys" within a short period of time as far as possible. MR MICHAEL TIEN (in Cantonese): Secretary, regarding the situation of "higher fares for shorter journeys", the current fare from Tai Wai Station to Ho Man Tin Station is $9.6 but is $6.2 from Tai Wai Station to Hung Hom Station. If each year … if the fare of each station is increased or decreased by 5% at most each year according to the existing adjustment mechanism, my computed results using my calculator tell me that it will take five to six years to reasonably adjust the fare from Tai Wai Station to Hung Hom Station by increasing $6.2 by 5% each year and adjust the fare from Tai Wai Station to Ho Man Tin Station by decreasing the current fare by 5% each year. Therefore, concerning the earlier remark of the Secretary that it would only take three years, he really needs to ask his colleagues to verify that again.


8509

However, what I want to ask at present is about the review of the mechanism next year. MTRCL is actually a mass transit company with the Government as its ultimate shareholder, and thus the future fare adjustment has a lot to do with the quality of life of the public. We all know how much money MTRCL makes and that the Government subsidizes it with the proceeds of the related property developments. Furthermore, concerning how much rent the Government collected from MTRCL when the Government leased the assets of the Kowloon-Canton Railway Corporation to MTRCL at that time, no one ever questioned whether the amount of such rent was appropriate or not. The profits of MTRCL are basically in the hands of the Government. Under the circumstances, I openly request … MTRCL is not a purely listed company but has social responsibility. I think the Government should consider a simpler fare adjustment mechanism in the future, which is to adjust the fares to half of the annual inflation rate, and not to increase the fares if a certain profit level is exceeded in a certain year. Since most people's income is linked to inflation, if MTRCL can adjust its fares to half of the annual inflation rate, in fact, the quality of life of the public can also be improved. This is also the responsibility of the Government, which holds more than 70% of MTRCL shares. Would the Government be willing to consider this direction? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): Deputy President, I thank Mr TIEN for his views. As Mr TIEN has just said, MTRCL is a listed company and it has a responsibility to the Government, to the public and to its shareholders. As for the three-year period I mentioned earlier to resolve the situation, it actually means that it will take three years to resolve half of the fare anomalies, not the whole situation. Regarding FAM, it is true that if fare adjustment is conducted, the fares can be adjusted by about 5 percentage points per year, but in fact, we are talking about a review mechanism, which is to review and optimize the entire FAM. Hence, it has no direct correlation with fare adjustment, but of course, there is mutual consideration. In this regard, we will first review according to the existing mechanism, and also consider the issue in the light of the actual situation to see what can be


done to resolve what is described as the problem of "higher fares for shorter journeys" as soon as possible. DEPUTY PRESIDENT (in Cantonese): Mr Michael TIEN, which part of your supplementary question has not been answered? Please point that out briefly. MR MICHAEL TIEN (in Cantonese): I want to ask him about the review mechanism. When FAM, which provides for both upward and downward adjustments of fares, is reviewed in the future, will my suggestion of adjusting the fares to half of the annual inflation rate be considered? DEPUTY PRESIDENT (in Cantonese): Mr Michael TIEN, you have already pointed out the part of your supplementary question which has not been answered. MR MICHAEL TIEN (in Cantonese): The Secretary has not answered my supplementary question yet. DEPUTY PRESIDENT (in Cantonese): Secretary, do you have anything to add? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): Deputy President, I do not have anything to add. I already gave an answer in my earlier reply. DEPUTY PRESIDENT (in Cantonese): Members may follow up the matter with the Secretary through other channels. Oral questions end here.


8511

WRITTEN ANSWERS TO QUESTIONS Specialist outpatient services of the Hospital Authority 7. MR CHAN KIN-POR (in Chinese): President, regarding the specialist outpatient ("SOP") services of the Hospital Authority ("HA"), will the Government inform this Council:

(1) whether it knows the respective numbers of new cases of various SOP services in each of the past three financial years;

(2) given that new referral cases will be first screened by nurses and

then reviewed by doctors of the relevant specialties for the purpose of classifying them into urgent, semi-urgent and stable cases, whether the Government knows the respective median waiting time of each classification of new cases of various SOP services, in each of the past three financial years;

(3) whether it knows HA's new measures to shorten the waiting time of

new cases of SOP services; and (4) whether it knows if HA has assessed the extent to which SOP

services has been affected by the epidemic, and HA's new measures to mitigate the impacts?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, in consultation with the Hospital Authority ("HA"), my reply to the various parts of the question raised by Mr CHAN Kin-por is as follows:

(1) and (2) The tables below set out the number of specialist outpatient ("SOP")

new cases triaged as Priority 1 (urgent), Priority 2 (semi-urgent) and Routine (stable) cases, as well as their respective median (50th percentile) waiting time in HA in 2018-2019, 2019-2020 and 2020-2021.


2018-2019

Specialty

Priority 1 Priority 2 Routine

Number of new cases

Median waiting

time (week)

Number of new cases

Median waiting

time (week)

Number of new cases

Median waiting

time (week)

Ear, Nose and Throat

15 274 <1 18 699 5 64 846 55

Medicine 12 993 1 26 553 5 102 033 69 Gynaecology 9 611 <1 8 555 5 43 232 34 Ophthalmology 46 498 <1 22 120 4 74 312 68 Orthopaedics and Traumatology

17 614 <1 16 378 5 77 992 71

Paediatrics 5 267 <1 5 279 4 15 136 14 Psychiatry 2 694 1 8 859 4 34 684 30 Surgery 15 196 1 31 404 6 129 031 38

2019-2020

Specialty


Number of new cases

Median waiting

time (week)

Number of new cases

Median waiting

time (week)

Number of new cases

Median waiting

time (week)


15 608 <1 18 234 5 58 013 60

Medicine 11 887 1 25 774 5 97 638 74 Gynaecology 8 821 <1 7 800 5 40 612 35 Ophthalmology 43 048 <1 20 543 4 66 343 62 Orthopaedics and Traumatology

16 336 <1 14 694 5 74 803 58

Paediatrics 4 968 <1 4 929 4 14 741 16 Psychiatry 2 761 1 8 523 3 31 978 27 Surgery 13 484 1 29 619 6 122 331 40


8513

2020-2021

Specialty


Number of new cases

Median waiting

time (week)

Number of new cases

Median waiting

time (week)

Number of new cases

Median waiting

time (week)


14 076 <1 17 533 5 62 086 60

Medicine 11 406 <1 25 282 6 107 213 68 Gynaecology 8 293 <1 7 378 5 40 297 35 Ophthalmology 42 028 <1 23 755 3 59 246 55 Orthopaedics and Traumatology

15 131 <1 13 670 4 72 894 57

Paediatrics 3 812 <1 4 092 4 11 938 11 Psychiatry 3 377 1 10 637 3 33 411 27 Surgery 15 089 1 31 959 6 125 815 41 Note: Due to the emergence of the COVID-19 epidemic in Hong Kong since early 2020, HA has stepped up infection control measures and adjusted its services according to the epidemic situation. Hence, its service throughput across a wide range of services might have been reduced when compared with that of previous years.

(3) In managing the waiting time for SOP services, HA has implemented

a series of measures including triage and service prioritization, enhancing public primary care services, strengthening manpower, optimizing the scheduling of appointments, as well as displaying information of the latest waiting time on HA's website and at the SOP Clinics ("SOPCs") to help patients to consider their treatment plans and options. Moreover, additional public-private partnership programmes have been implemented and the Integrated Model of SOP Services was introduced. HA will review the effectiveness of these measures in a timely manner and implement supplementary measures as appropriate and necessary to further shorten the SOPC waiting time. In 2021-2022, HA will continue to implement the Annual Plan to enhance the service capacity of SOPCs in various hospital clusters, covering the majority of major specialties.


(4) During different stages of the epidemic, HA made timely adjustments to non-emergency and non-essential medical services, including certain SOP services, so as to focus manpower on providing care for the most critical patients and responding to the epidemic situation. Since mid-February 2021, certain non-emergency services have progressively been resumed in public hospitals under safe and practicable circumstances. In mid-March, HA's outpatient services largely returned to the level of the same period in 2019 (i.e. before the epidemic).

HA adopts different modes of service where practicable, including

piloting the use of telehealth consultations, to provide the SOP services for suitable patients. In addition, during service resumption, consideration was given to increasing the manpower and service sessions of SOPCs through the Special Honorarium Scheme having regard to the operation of SOPCs in order to render optimal services to patients.

In light of the development of the epidemic situation as well as the

actual environment and operational needs of hospitals, HA will continue to closely monitor the utilization of anti-epidemic equipment and facilities, and flexibly adjust hospital services and deploy manpower with a view to minimizing the impact on patients.

Speed Restricted Zones 8. MR STEVEN HO (in Chinese): President, Kai Lung Wan Fish Culture Zone ("FCZ") is located in East Kiu Tsui Chau, which has been zoned as a Speed Restricted Zone ("SRZ"). Some members of the sector have relayed that, over the years, there have often been vessels proceeding at a high speed in the waters near East Kiu Tsui Chau, and the swells so created have damaged the rafts in the FCZ, dealing a blow to the livelihood of mariculturists and seriously endangering the safety of operators in the FCZ. Although the Government extended the boundaries of East Kiu Tsui Chau SRZ last year, the situation has shown no improvement. Regarding SRZs, will the Government inform this Council:


8515

(1) of the measures currently in place to ensure that vessels in the various SRZs will not proceed at a speed exceeding the statutory maximum permitted speed;

(2) of the details of the law enforcement actions taken by the Marine

Department ("MD") in the various SRZs in each of the past five years, including the number of patrols, as well as the manpower and number of vessels involved;

(3) of the number of reports of vessels speeding in SRZs received by the

Government, and the respective numbers of persons arrested, prosecuted and convicted, in each of the past five years;

(4) as quite a number of marine operators have relayed that it is difficult

to accurately grasp the boundaries of SRZs, whether it has assessed if the existing guidelines issued by MD to the public are sufficient; if it has assessed and the outcome is in the negative, of the improvement measures to be put in place; and

(5) whether it will adopt a multi-pronged approach to solve the problem

of vessels speeding in SRZs, including reviewing the management measures related to SRZs, introducing measures for reducing the disturbance caused to FCZs by vessels speeding, and stepping up law enforcement actions; if so, of the details (including the implementation timetable); if not, the reasons for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, in consultation with the Marine Department ("MD"), our reply to Mr Steven HO's question is as follows:

(1) The Government proposed to amend the Shipping and Port Control Regulations (Cap. 313A) and the Merchant Shipping (Local Vessels) (General) Regulation (Cap. 548F) in October 2019 to implement enhancement measures in relation to Speed Restricted Zones ("SRZs") within Hong Kong waters with a view to enhancing marine safety. The proposed amendments included establishing eight new SRZs in Sai Kung and Tai Po, amending the boundaries of some existing SRZs, extending the restriction periods and hours of certain


SRZs, as well as increasing the level of penalty of breaching the relevant regulations. The relevant Amendment Regulations came into effect on 1 April 2020.

Apart from briefing relevant members of the marine industry of the

SRZ amendments at the Navigation Safety Seminar held by MD regularly, MD also issues Marine Department Notices and conducts Safety Afloat Educational Seminar annually, and distributes pamphlets to the public and vessel operators during patrols with a view to reminding the public of the legislative requirements in relation to SRZs, including the restricted periods, maximum permitted speed and penalties of each SRZ. Relevant Marine Department Notices are also uploaded to the website of MD for public's reference.

In addition to routine patrols in Hong Kong waters, MD also

conducts joint anti-speeding operations with the Marine Police from time to time to detect the speed of vessels in SRZs by using detection equipment (i.e. laser guns). Coxswains will be intercepted and prosecuted if any violation to relevant regulations is found.

(2) and (3) Details of enforcement operations at SRZs in the past five years are

set out in the following table:

Year

Number of patrols and enforcement

operations conducted

Number of speeding

complaints handled

Number of prosecution

cases

Number of convicted

cases

2016 195 0 2 1 2017 180 1 0 1 2018 196 3 0 0 2019 221 3 17 15 2020 234 11 13 12

There are currently 29 patrol launches operated by MD to conduct

patrols in different parts of Hong Kong waters on a daily basis. During the restricted periods of SRZs, Saturdays, Sundays and


8517

public holidays, dedicated patrol launches are deployed to conduct specialized SRZ patrols with each patrol launch manned by one duty marine inspector. Besides, anti-speeding operations are also conducted by MD from time to time by at least two patrol launches and at least five marine inspectors.

(4) As mentioned in part (1) above, the legislative requirements and the

implementation details of SRZs are clearly set out in the pamphlets and the annual Marine Department Notices. The boundaries of each SRZ are also clearly outlined in the "Charts for Local Vessels" published in Hong Kong, and shown in the free mobile application "eSeaGo" which provides information on nautical charts of Hong Kong waters. Information of SRZs is also provided in the "Hong Kong Harbour Facilities & Layout" published by MD. Since the implementation of the newly amended regulations last year, most of the coxswains, who were under investigation of suspected speeding, admitted that they were aware that they were navigating within SRZs. MD therefore considered that the current guidance is adequate.

(5) MD has been monitoring the effectiveness of implementation of

SRZs. In the light of the latest legislative amendments to SRZs, MD keeps reviewing the situation in those waters with higher sea traffic density and frequent reports of vessel speeding, and continuously strengthening the patrols in these waters to enhance the safety of, amongst others, water sports players, as well as operators and facilities of the mariculture zones. Owing to geographical limitation of certain new SRZs, such as the waters around Sharp Island East, which poses difficulty for speed detection, MD has strengthened patrols in these waters and purchased new speed detection equipment with the ability to detect speed from a longer distance and with a higher accuracy last year. The first batch of the new equipment is expected to be put into service within this financial year.

In addition, a hotline has been established by MD. If the public

spot any vessel speeding in SRZs, they may report to the Harbour Patrol Section of MD.


Sites for public housing 9. MR LAU KWOK-FAN (in Chinese): President, as announced in the 2020 Policy Address, the Government has identified 330 hectares of land needed for constructing 316 000 public housing units to meet the demand for public housing units in the coming decade (i.e. the financial years from 2021-2022 to 2030-2031). In this connection, will the Government inform this Council:

(1) of the annual estimated number of public housing units to be supplied in the financial years from 2026-2027 to 2030-2031 (i.e. the second five-year period) (set out in a table);

(2) whether the said 330 hectares of land can accommodate all relevant

public facilities apart from being used for constructing 316 000 public housing units; if so, of the area to be occupied by residential sites; if not, the area of land in the shortfall; and

(3) of the following details of each site of the 330 hectares of land (set

out in a table):

(i) the location of the site/the name of the new development area in which the site is located,

(ii) the Outline Zoning Plan ("OZP") Number to which the site

belongs (if applicable), (iii) the site area, (iv) the residential use group(s) (i.e. Groups A to E) to which the

site belongs, and the restriction(s) on development intensity (i.e. the maximum plot ratio) for the site, as set out in the OZP concerned,

(v) the estimated number of public housing units to be provided,

and (vi) the target completion date of the public housing project

concerned?


8519

SECRETARY FOR DEVELOPMENT (in Chinese): President, with the Transport and Housing Bureau consulted, my reply to the various parts of the question is as follows:

(1) and (3) Amongst the 330 hectares of land, according to the forecast as at

March 2021, the information of public rental housing ("PRH")/Green Form Subsidised Home Ownership Scheme ("GSH") and other subsidized sale flats ("SSFs") projects under the Hong Kong Housing Authority and the Hong Kong Housing Society ("HS") estimated to be completed during the four-year period from 2021-2022 to 2024-2025 is set out in the Annex. These projects concern about 90 hectares of land. Information regarding public housing projects to be completed in 2025-2026 is anticipated to be announced in the third quarter of 2021 under the rolling five-year production programme.

Projects falling within the current 10-year period (i.e. financial year

2021-2022 to 2030-2031) but with completion dates scheduled for 2025-2026 and beyond concern the remaining about 240 hectares of land. These projects are mostly at the planning and engineering and architectural design stage, and their estimated completion years are subject to the progress of various procedures such as rezoning, consultation with local communities, infrastructure construction, land resumption, clearance or reprovisioning of affected facilities, seeking of funding from the Legislative Council, site formation works, building construction schedules, etc. Details of these projects are provided in the table below:

Source of land Number of sites

(based on current delineation)

Land area (hectares)

(about)

Estimated flat yield

(about) Tung Chung New Town Extension

12 23 24 000

Hung Shui Kiu/Ha Tsuen New Development Area

5 11 11 600

Yuen Long South New Development Area

1 1 1 800


Source of land Number of sites

(based on current delineation)

Land area (hectares)

(about)

Estimated flat yield

(about) Kwu Tung North/Fanling North New Development Area

13 37 43 300

Kai Tak Development Area

6 6 8 300

Development of Anderson Road Quarry Site

2 2 2 000

Shortlisted brownfield clusters for public housing development

7 45 19 100

Individual sites with housing development potential in the short to medium term

58 86 85 700

Partial development of the Fanling Golf Course

1 8 9 000

Other development projects

20 23 21 600

Total 125 242 226 400 Note: The land areas and flat yields are rounded to the nearest integer and hundred respectively. The figures may not add up to the total due to rounding. The plot ratios of the public housing sites within the above 10-year period depend on actual site conditions and range from 3.5 to 7.5 in general. To optimize the development potential of public housing sites, the Government has relaxed the planning policy guidelines to allow increase in maximum domestic plot ratios of certain sites where planning terms permit.


8521

(2) The figure of 330 hectares refers to the approximate gross site area. This has covered some public facilities, such as the 5% of gross floor area set aside for welfare purposes in certain projects. In addition, some public facilities relating to new population (such as water supplies facilities and transport interchanges) will be placed outside the sites concerned, and the relevant land area information is subject to detailed survey and detailed design.

Annex Estimated numbers of PRH/GSH and other SSFs projects to be completed during

the four-year period from 2021-2022 to 2024-2025 (Based on the forecasts as at March 2021)

Year Project/Location Housing type Flat Number#

2021-2022 Pak Tin Phase 11 PRH/GSH 1 100 2021-2022 Chung Nga Road East PRH/GSH 700 2021-2022 Diamond Hill Phase 1 PRH/GSH 1 000 2021-2022 Queen's Hill Phase 3 Other SSFs 3 200 2021-2022 Queen's Hill Phase 1 PRH/GSH 6 400 2021-2022 Queen's Hill Phase 2 PRH/GSH 1 200 2021-2022 Queen's Hill Phase 5 PRH/GSH 1 300 2021-2022 Near Lai King Hill Road PRH/GSH 500 2021-2022 Northwest Kowloon

Reclamation Site 6 Phase 3 PRH/GSH 1 000

2021-2022 Tuen Mun Area 54 Sites 3 and 4 (East)

PRH/GSH 4 300

2021-2022 Tung Chung Area 54 Other SSFs 3 300 2021-2022 Chai Wan Road GSH 800 2021-2022 Tuen Mun Area 54 Sites 1 and

1A PRH/GSH 4 200

Sub-total 29 100 (Site Area:

About 31 hectares)

2022-2023 Tuen Mun Area 54 Sites 3 and 4 (East)

PRH/GSH 900


Year Project/Location Housing type Flat Number# 2022-2023 Ma On Shan Road Other SSFs 2 100 2022-2023 Lee Kung Street (HS) Senior Citizen

Residences Scheme 300

2022-2023 Tsing Hung Road GSH 2 900 2022-2023 Diamond Hill Phase 3 Other SSFs 900 2022-2023 On Muk Street Phase 1 Other SSFs 500 2022-2023 Lai Cho Road PRH/GSH 800 2022-2023 Tai Po Area 9 PRH/GSH 6 800 Sub-total 15 200

(Site Area: About

12 hectares) 2023-2024 Diamond Hill Phase 2 GSH 2 100 2023-2024 Pak Tin Phase 10 PRH/GSH 900 2023-2024 Jat Min Chuen (HS) PRH 100 2023-2024 Ching Hong Road North Phase 1 PRH/GSH 900 2023-2024 Ching Hong Road North Phase 2 PRH/GSH 600 2023-2024 Tuen Mun Area 29 (West) PRH/GSH 1 000 2023-2024 Java Road Other SSFs 200 2023-2024 Hin Fat Lane PRH/GSH 900 2023-2024 Tung Chung Area 100 PRH/GSH 5 200 2023-2024 Tung Chung Area 99 PRH/GSH 4 800 2023-2024 Yip Wong Road Phase 1 PRH/GSH 700 2023-2024 Chiu Shun Road Other SSFs 600 2023-2024 Kai Tak Site 2B2 Other SSFs 1 800 2023-2024 Pak Wo Road (Dedicated Estates

developed by HS) PRH 500

2023-2024 Pak Wo Road (Dedicated Estates developed by HS)

Senior Citizen Residences Scheme

300

2023-2024 Pak Wo Road (Dedicated Estates developed by HS)

SSFs 700


About 19 hectares)

2024-2025 Anderson Road Quarry Site RS-1

Other SSFs 1 900


8523

Year Project/Location Housing type Flat Number# 2024-2025 Ko Shan Road Other SSFs 500 2024-2025 Fanling Area 36 Phase 4 PRH/GSH 800 2024-2025 Lei Yue Mun Phase 4 PRH/GSH 2 000 2024-2025 Shek Pai Wan Road (HS) PRH 600 2024-2025 Yip Wong Road Phase 2 PRH/GSH 2 600 2024-2025 Hang Fu Street Other SSFs 500 2024-2025 Anderson Road Quarry

Site R2-5 Other SSFs 1 100

2024-2025 Anderson Road Quarry Site R2-7

Other SSFs 400

2024-2025 Anderson Road Quarry Site R2-8

Other SSFs 1 400

2024-2025 Ting On Street (HS) PRH 400 2024-2025 Hung Shui Kiu New

Development Phase IB (Dedicated Estates developed by HS)

PRH 400

2024-2025 Hung Shui Kiu New Development Phase IA (Dedicated Estates developed by HS)

SSFs 300

2024-2025 Kai Tak Site 2B6 Other SSFs 2 000 2024-2025 Long Bin Phase 1 Other SSFs 2 800 2024-2025 Hang Tai Road Phase 2 PRH/GSH 1 900 2024-2025 Northwest Kowloon

Reclamation Site 1 (East) PRH/GSH 2 600

2024-2025 Anderson Road Quarry Site R2-2 (HS)

SSFs 1 400

2024-2025 Anderson Road Quarry Site R2-3 (HS)

SSFs 400


About 28 hectares)

Note: # Flat numbers are rounded to the nearest hundred and may not add up to the total due to

rounding.


Impacts of hot nights' weather conditions 10. MR MARTIN LIAO (in Chinese): President, the number of hot nights (i.e. the daily minimum temperature being equal to or higher than 28°C) in Hong Kong as recorded by the Hong Kong Observatory in recent years has been on the increase, with a record high of 50 hot nights recorded last year. In May this year, 14 hot nights and the longest duration of consecutive hot nights (i.e. six nights) were recorded, breaking the past records for May. A study conducted by scholars of a local university has found that the health threats posed to members of the public by the weather conditions of hot nights (especially consecutive hot nights) were greater than those by the weather conditions of hot days, with the grass roots living in crowded, poorly-ventilated sub-divided flats and residential units being most affected. The study has suggested improving the city's and indoor natural ventilation through urban planning and building design as a starting point, as well as adopting measures such as increasing the greenery ratio, with a view to mitigating the impacts of hot nights. In this connection, will the Government inform this Council:

(1) whether it has collected the following statistics: the monthly numbers of hot nights recorded in each of the 18 District Council districts in the past three years; if so, of the details;

(2) whether it has studied the impacts of hot nights' weather conditions

on the health and daily lives of members of the public (especially the grass roots); if so, of the details;

(3) whether targeted measures were taken in the past three years to

mitigate the impacts of hot nights' weather conditions on members of the public (especially those living in districts most affected by hot nights as mentioned in the aforesaid study, i.e. Yau Tsim Mong, Tsuen Wan, Central and Sheung Wan, Yuen Long and Tin Shui Wai); if so, of the details and effectiveness; if not, the reasons for that; and

(4) (i) of the annual utilization situations of the various temporary night

heat shelters under the Home Affairs Department ("HAD") (including the number of nights opened for service and the user-times in respect of each shelter), and (ii) whether HAD received suggestions on improving the service concerned, as well as reviewed and improved the arrangements for service provision at these shelters, in the past three years; if so, of the details; if not, the reasons for that?


8525

SECRETARY FOR THE ENVIRONMENT (in Chinese): President, having consolidated the information provided by relevant Policy Bureaux and departments, including the Food and Health Bureau, the Home Affairs Department ("HAD") and the Hong Kong Observatory ("HKO"), I would like to reply as follows:

(1) The average monthly and annual number of hot nights recorded by HKO at the weather stations in various districts of Hong Kong from 2018 to 2020 are set out at the Annex. Generally speaking, hot nights in Hong Kong are more common between June and August, with more hot nights recorded at weather stations in urban areas (e.g. Tsim Sha Tsui) than those in rural areas (e.g. Ta Kwu Ling).

(2) In a very hot environment, the body temperature would rise and the

bodily functions would regulate themselves to reduce body heat through, for example, more perspiration and faster respiration. However, when the environment becomes extremely hot and the thermoregulation cannot effectively cool down the body, heat exhaustion or even heat stroke will occur. Children, the elderly, people with chronic illnesses such as heart diseases or high blood pressure, and the obese are more vulnerable to heat stroke.

(3) HKO issued 57, 53 and 67 Very Hot Weather Warnings in 2018,

2019 and 2020 respectively. HKO will alert the public during very hot weather and provide relevant health advice, such as advising people staying indoors without air-conditioning to keep windows open as far as possible to ensure adequate ventilation. Furthermore, HAD runs 19 air-conditioned temporary night heat shelters where drinking water is available and users could stay to take rest.

(4) In the past three years, the number of days on which temporary night

heat shelters under HAD were open and the usage of the shelters are as follows:

Year 2019 2020 2021 (As at 11 July)

Number of days on which shelters were open

44 58 30

Number of users 7 371 6 880 3 170


HAD reviews from time to time the arrangements for the opening of temporary night heat shelters to ensure that the needs of shelter users are met. The enhancement measures implemented in recent years include:

(i) starting from 2017, when the Very Hot Weather Warning is in

force, HAD will open the common areas of designated community halls/community centres during daytime to provide shelters for the people in need;

(ii) starting from 2017, disposable bed sheets have been provided

for shelter users to further enhance the cleanliness and hygienic condition of mattresses and quilts in temporary night heat shelters; and

(iii) starting from 2018, four additional temporary night heat

shelters have been set up in Wan Chai, Southern, Sai Kung and Islands Districts. Temporary night heat shelters are now provided in all 18 districts in Hong Kong to provide services for the people in need.

Annex Average monthly and annual number of hot nights recorded at weather stations in

various districts of Hong Kong from 2018 to 2020

District Weather station

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

Hong Kong Island

Central and Western

Hong Kong Park

0.0 0.0 0.0 0.0 2.3 6.7 7.7 3.0 0.0 0.0 0.0 0.0 19.7

Eastern Shau Kei Wan

0.0 0.0 0.0 0.0 1.7 5.7 7.3 2.7 0.3 0.3 0.0 0.0 18.0

Southern Stanley 0.0 0.0 0.0 0.0 0.3 6.0 10.3 3.7 0.3 0.0 0.0 0.0 20.7 Wong Chuk Hang

0.0 0.0 0.0 0.0 0.7 4.7 8.3 2.7 0.0 0.0 0.0 0.0 16.3

Wan Chai

Happy Valley

0.0 0.0 0.0 0.0 3.3 9.0 10.7 2.7 1.0 0.0 0.0 0.0 26.7


8527

District Weather station

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

Kowloon Kowloon City

Kai Tak Runway Park

0.0 0.0 0.0 0.0 2.3 5.7 8.3 4.7 1.3 0.3 0.0 0.0 22.7

Kowloon City

0.0 0.0 0.0 0.0 1.0 5.0 6.7 3.7 0.3 0.0 0.0 0.0 16.7

Kwun Tong

Kwun Tong 0.0 0.0 0.0 0.0 1.7 10.7 13.3 7.3 2.0 0.3 0.0 0.0 35.3

Sham Shui Po

Sham Shui Po

0.0 0.0 0.0 0.0 1.3 4.0 9.7 4.3 0.3 0.0 0.0 0.0 19.7

Wong Tai Sin

Wong Tai Sin

0.0 0.0 0.0 0.0 2.3 8.0 9.3 3.7 0.0 0.0 0.0 0.0 23.3

Yau Tsim Mong

Hong Kong Observatory (Tsim Sha Tsui)

0.0 0.0 0.0 0.0 3.3 11.7 14.3 6.7 4.3 0.3 0.0 0.0 40.7

New Territories

Islands Chek Lap Kok

0.0 0.0 0.0 0.0 6.7 11.3 14.0 6.3 2.7 0.0 0.0 0.0 41.0

Cheung Chau

0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.3 0.0 0.0 0.0 0.0 1.3

Kwai Tsing

Tsing Yi 0.0 0.0 0.0 0.0 0.7 4.7 5.0 4.3 0.3 0.0 0.0 0.0 15.0

North Ta Kwu Ling

0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.7 0.0 0.0 0.0 0.0 1.3

Sai Kung Sai Kung 0.0 0.0 0.0 0.0 1.3 4.3 9.3 5.0 0.3 0.0 0.0 0.0 20.3 Tseung Kwan O

0.0 0.0 0.0 0.0 0.3 2.7 3.3 1.0 0.3 0.0 0.0 0.0 7.7

Sha Tin Sha Tin 0.0 0.0 0.0 0.0 2.3 6.7 7.7 3.7 0.0 0.0 0.0 0.0 20.3 Tai Po Tai Mei

Tuk 0.0 0.0 0.0 0.0 1.0 1.7 2.7 2.3 0.0 0.0 0.0 0.0 7.7

Tai Po 0.0 0.0 0.0 0.0 1.3 2.3 3.7 2.3 0.0 0.0 0.0 0.0 9.7 Tsuen Wan

Tsuen Wan Shing Mun Valley

0.0 0.0 0.0 0.0 1.0 4.0 3.0 1.7 0.0 0.0 0.0 0.0 9.7

Tuen Mun

Tuen Mun 0.0 0.0 0.0 0.0 1.3 3.0 4.7 2.7 0.0 0.0 0.0 0.0 11.7

Yuen Long

Lau Fau Shan

0.0 0.0 0.0 0.0 0.7 2.7 5.0 1.7 0.0 0.0 0.0 0.0 10.0

Shek Kong 0.0 0.0 0.0 0.0 1.0 0.3 3.7 1.7 0.0 0.0 0.0 0.0 6.7 Yuen Long Park

0.0 0.0 0.0 0.0 1.7 2.0 4.0 2.0 0.0 0.0 0.0 0.0 9.7

Note: Hot night: the daily minimum temperature is 28.0°C or above


Large-scale compressed gases depots 11. MR SHIU KA-FAI (in Chinese): President, under the Dangerous Goods Ordinance (Cap. 295), any person who manufactures, stores, conveys or uses dangerous goods under the Ordinance is required to obtain a licence. Compressed gases are classified as a category of dangerous goods. Some suppliers of compressed gases have relayed to me that the Government has not provided sufficient sites for lease under short-term tenancies ("STTs") to the industry for setting up large-scale (i.e. with a storage capacity of 100 cubic metres of liquid, 100 tonnes of solid, or 15 000 cubic metres of gas or above) depots for imports and exports of compressed gases. In this connection, will the Government inform this Council:

(1) of the policies, guidelines and requirements in respect of the granting and renewal of STTs for setting up compressed gases depots on government sites;

(2) as a member of the public lodged a complaint with the Office of The

Ombudsman ("the Office") last year against the Lands Department ("LandsD") for failing, over the years, to adhere to the departmental guidelines to conduct a tender exercise for letting anew a site, which had been leased under STTs for setting up dangerous goods depots, when the relevant leases expired, and the Office found the complaint substantiated upon investigation, of the reasons why the relevant officials of LandsD had failed to adhere to the departmental guidelines, and the follow-up actions taken by LandsD;

(3) of the respective numbers of sites leased under STTs for setting up

compressed gases depots for which tender exercises were (i) conducted and (ii) not conducted for letting anew the sites when the relevant leases expired in the past 10 years, and set out the relevant information in a table (including the reasons for not conducting tender exercises);

(4) of the respective procedure and time needed for licence applications

for setting up compressed gases depots on (i) government and (ii) private lands;


8529

(5) of the respective current numbers and locations of licensed compressed gases depots set up on (i) government and (ii) private lands in the territory; and

(6) whether it assessed, in the past 10 years, the demand for sites for

setting up compressed gases depots, and what measures it took to ensure sufficient supply of the relevant sites?

SECRETARY FOR SECURITY (in Chinese): President, compressed gases involve many types and varieties. Compressed gases regulated under the Dangerous Goods Ordinance (Cap. 295) ("DGO") are Category 2 Dangerous Goods. In addition, certain compressed gases (such as liquefied petroleum gas) are regulated under the Gas Safety Ordinance (Cap. 51) by the Electrical and Mechanical Services Department. Regarding the issues on the granting and continuation of short-term tenancies ("STTs"), supply of land and application of licence for storage of compressed gas etc. as asked in the question, according to the information provided by relevant Policy Bureau and departments, the consolidated reply is as follows:

(1) and (2) According to information provided by the Development Bureau in

respect of the arrangements for STTs and land, to optimize the utilization of land resources, the Lands Department ("LandsD") has an established mechanism to let out, where practicable, unleased land not immediately required for development by STTs for gainful uses, including uses with policy or district needs so considered by relevant bureaux or departments. Currently, to support enterprises facing the impact of the epidemic on the economic environment, the Government has suspended re-tendering of STTs for business and community use until 30 September 2021 (unless termination is required for other policy considerations or initiated by the tenants themselves). The Government will process the re-tendering as appropriate after the suspension period, in accordance with the established mechanism.

For STTs let by tender, the fixed tenancy term ranges from one to

seven years depending on individual case circumstances. Upon


expiry of the fixed term or when the tenancy has continued for three years (whichever date is the later), LandsD will generally re-tender the site, unless continuation of tenancy (usually on a quarterly or monthly basis) under the terms and conditions of the tenancy agreement is considered more appropriate in the light of the circumstances, for example, the sites concerned have to be vacated for other purposes in the near future, or the relevant bureaux or departments have requested temporary continuation of tenancy in light of their policy review or policy objectives, etc.

As for the case in Tuen Mun investigated by the Office of The

Ombudsman last year, it involves an STT site for storage of dangerous goods that was granted by open tender many years ago at the request of the then New Territories Administration. LandsD has previously taken into account the views of relevant departments that re-tendering upon demolition of the existing structure may require conducting the environmental impact assessment and planning application processes afresh, rendering the land idle for quite some time. In the light of the Ombudsman's views, LandsD has reviewed the case and is actively exploring possible ways to put up the site for re-tendering, while minimizing the vacuum period during the transition of the existing and the new tenancies (for example, to put up the site together with the existing structure thereon for tender). Upon completion of all the preparatory work, the relevant STT tender forecast will be uploaded to the LandsD's website.

(3) and (6) According to information provided by the Development Bureau, in

the past 10 years, there was no other similar STTs (i.e. those let by tender for storage of compressed gases regulated under DGO or related purposes) with fixed term expired or having continued for three years and hence due for re-tendering in accordance with the established mechanism.

The demand for storage for compressed gases is market-driven.

The Government has not assessed the demand for land use for storage for compressed gas. As a matter of fact, many dangerous


8531

goods stores are set up on private land (such as land for industrial use or industrial buildings).

(4) DGO regulates the manufacture, storage, conveyance and use of

dangerous goods in Hong Kong. Compressed gases regulated under DGO are Category 2 Dangerous Goods. Anyone who wishes to set up a Category 2 Dangerous Goods store is required to submit an application to the Fire Services Department ("FSD") for a Dangerous Goods store licence.

Generally speaking, after the applicant has submitted all the

information required by FSD, officers of FSD will conduct inspection and on-site risk assessment within 28 working days. Fire Safety Requirements will then be issued to the applicant for compliance after risk assessment. After the applicant has complied with the Fire Safety Requirements and reported to FSD, officers of FSD will conduct compliance inspection within seven working days. Once the Fire Safety Requirements are found to be fully complied with, a Dangerous Goods licence will be issued within six working days from the date of inspection. Regardless of whether the premises of the application is located on government or private land, the relevant application procedures and performance targets are identical.

(5) According to the information provided by FSD, there are about

1 200 Category 2 Dangerous Goods (Compressed Gases) store licences. Category 2 Dangerous Goods stores are mainly located in hospitals, construction sites, and industrial buildings; FSD does not have the breakdown of statistics on whether they are on government or private land.

Deception cases involving renovation works or custom-made furniture 12. MR KWOK WAI-KEUNG (in Chinese): President, I have recently received complaints from quite a number of members of the public who claimed that they had spent hundreds of thousands of dollars on hiring companies through online decoration platforms to carry out renovation works or produce custom-made furniture, but the works concerned had ended up unfinished, and


the furniture had not matched the specifications. They have no way to recover their money and the swindlers continue to deceive others with the same tactics. Regarding deception cases involving renovation works or custom-made furniture, will the Government inform this Council:

(1) of the following information on the reported cases of violation of the Trade Descriptions Ordinance (Cap. 362) involving renovation works or custom-made furniture received by the authorities in the past three years: (i) the number of such cases, (ii) the unfair trade practices involved, (iii) the number of suspects involved in the cases, (iv) the number of persons prosecuted, and (v) the number of persons convicted;

(2) of the number of law enforcement actions (including inspections)

taken in the past three years by law enforcement agencies against such type of deception cases and, among such actions, the number of those involving online decoration platforms; whether the approach of officers posing as clients was adopted for law enforcement; if so, of the effectiveness, and whether this approach will be adopted more often for law enforcement; and

(3) whether it will discuss with the Consumer Council and the

Construction Industry Council the making of concerted efforts to combat such type of deception cases; whether it will consider making public a list of decoration companies which, and persons who, have been complained of having violated Cap. 362, so that members of the public may guard against being deceived; if so, of the details; if not, the reasons for that?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Chinese): President, my reply to the various parts of the question raised by Mr KWOK is as follows:

(1) The enforcement statistics of the Customs and Excise Department ("C&ED") in relation to violation of the Trade Descriptions Ordinance (Cap. 362) ("TDO") involving renovation works or custom-made furniture from 2018 to June 2021 are as follows:


8533

2018 2019 2020 2021

(January to June)

Total

Investigations initiated - False trade descriptions - Misleading omissions - Wrongly accepting payment

8 5 1 2

2 1 0 1

6 4 1 1

3 3 0 0

19 13 2 4

Prosecution cases 4 3 2 4 13 Conviction cases (Convicted companies/ individuals)

1 (1)

4 (4)

0 (0)

2 (2)

7 (7)

(2) As aforementioned, from 2018 to June 2021, C&ED initiated

investigations on 19 cases in relation to violation of TDO involving renovation services or custom-made furniture.

Unlike other goods or services, given the nature of renovation

services and custom-made furniture, C&ED would not take enforcement actions through the approach of undercover officers posing as customers in general, but would mainly initiate investigations and enforcement actions on reported cases.

C&ED will continue to closely monitor whether there are traders

operating their businesses by adopting unfair trade practices, including whether the renovation services or custom-made furniture sold through online renovation platforms involve unfair trade practices, and take vigorous enforcement actions against illegal traders to protect the lawful interest of consumers.

(3) Apart from stepping up enforcement, C&ED is also committed to

promoting compliance to the renovation services industry, including proactively liaising with traders and holding seminars to introduce the coverage of TDO, with a view to reminding traders and practitioners to comply with TDO.

On education and publicity, C&ED has produced a new promotional

video and a new range of promotional posters and souvenirs to introduce common unfair trade practices in four industries (including renovation services) so as to remind consumers and promote compliance with TDO as well as fair trading.


Also, the Consumer Council ("the Council") has an established mechanism to name and shame traders adopting unscrupulous sales practices, by considering a number of factors including the number of complaints against a trader and the sales practices involved. In this regard, the Council will continue to closely monitor the complaints related to decoration and renovation services, and consider naming of the traders concerned when necessary in accordance with the mechanism so that consumers can become aware. The Council and C&ED also hold regular meetings to enhance communication on consumer complaints involving unscrupulous sales practices, including those cases related to decoration and renovation services.

Regarding the Construction Industry Council, the Development

Bureau advised that matters relating to renovation services or custom-made furniture are not within the functions of the Construction Industry Council.

Support for elderly residents of public housing estates 13. MR WILSON OR (in Chinese): President, it is learnt that the Hong Kong Housing Authority ("HA") implemented, from 1990s to 2003, an Estate Social Services for the Elderly Scheme (commonly known as "the Estate Liaison Officer Scheme") to provide appropriate support for elderly residents of public housing estates ("PHEs") with special needs. Regarding the provision of support for elderly residents (i.e. residents aged 60 or above) of PHEs, will the Government inform this Council:

(1) of the current population of elderly residents of PHEs, with a breakdown by the number of elderly persons in the household and the District Council district to which the PHEs belong; if such figures are not available, whether it will compile the statistics;

(2) whether HA provided appropriate support for elderly residents of

PHEs in the past three years; if so, of the details, and the percentage that the expenditure incurred on such services in the 2020-2021 financial year represented in the Government's total expenditure on elderly services in that year;


8535

(3) of the details and the implementation effectiveness of the Estate Liaison Officer Scheme; the reasons why HA discontinued the Scheme; as there are views that with an increasingly ageing population in Hong Kong in recent years, there are more and more elderly singletons residing in PHEs, whether HA will resume the Scheme to support the elderly residents on all fronts; if so, of the details; if not, the reasons for that; and

(4) of other practicable measures in place to address the special needs

of the elderly residents of PHEs? SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, my reply to the question raised by Mr Wilson OR is as follows:

(1) As at 31 May 2021, the elderly population in the Hong Kong Housing Authority ("HA")'s Public Rental Housing ("PRH") by number of elderly people per household and District Council district is set out at Annex.

(2) and (4) HA has taken an active role in coping with the issue of ageing

population by encouraging "ageing in place" and striving to create an age-friendly living environment in the community for the elderly residents in PRH. To address the needs of elderly residents in their daily life, HA has put in place a series of supporting measures in the aspects of housing arrangements, financial assistance, social networking, and more.

In respect of housing arrangements, HA launched the "Housing

Schemes for Fostering Harmonious Families ("HF") in Public Housing", which includes the HF Transfer Scheme, HF Addition Scheme and HF Amalgamation Scheme to foster a family-based support network and to encourage the younger generation to take care of elderly parents or relatives.

Currently, HA has adopted universal design in its newly-built PRH

estates which includes barrier-free facilities for the elderly and wheelchair users. In respect of aged estates, HA has all along been


carrying out the required adaptation or modification works for the elderly tenants free of charge. The improvement works include, where practicable and feasible, widening entrances and setting up ramps, laying non-slip floor tiles at suitable locations, converting bathtubs into shower compartments, installing grab rails in bathrooms and raising the floor slab of the balconies to make them level with the floors of living room.

Having considered that it is more difficult for the elderly to adapt to

new environment, HA allows under-occupation ("UO") households(1) with elderly persons aged 70 or above be exempted from transfer. Nonetheless, UO households whose family members are all aged 70 or above can enjoy lifetime full rent exemption upon their transfer to smaller PRH units of suitable sizes. In December 2020, HA extended the coverage of this rent exemption arrangement to households with members all aged 70 or above living in the Housing for Senior Citizens of Type I Design and non-self-contained Converted-one-person units who are willing to transfer.

In terms of financial assistance, eligible households(2) with members

all aged 60 or above and without receiving Comprehensive Social Security Assistance can be granted a 50% rent reduction under the Rent Assistance Scheme as relief of their financial hardship. At the time of signing up of Tenancy Agreement, they may apply to HA for exemption or refund of rental deposit. Besides, they can obtain a special grant up to $2,500 on a reimbursement basis for a one-off payment of installation cost and/or service charge to acquire any traditional or mobile devices for emergency alarm system (commonly known as EAS) in the market.

(1) After tenants taking up the PRH flats, if there is deletion of family members due to

reasons such as moving-out, death, marriage, emigration, such that the remaining family members enjoy living space exceeding the established allocation standards, they become an UO household. HA adopts a phased approach to tackle the UO cases. Households with disabled or elderly member aged 70 or above would be excluded from the UO list. UO households with elderly aged 60 or above but below 70 would be placed at the end of UO list and accorded a lower priority for transfer.

(2) Household income below 70% of PRH income limit or rent-to-income ratio exceeding

18.5%.


8537

As regards social networking, a wide range of social welfare facilities are provided in PRH estates, including day care centres for the elderly and residential care services for the elderly to meet the needs of elderly residents. HA gives due attention to the physical and mental health of the elderly and supports charitable organizations to provide "Mobile Chinese Medical Van" service in PRH estates, which offers free body check and health education/promotion services to the elderly residents. In light of Hong Kong's ageing population, HA has increased the provision of recreational facilities for the elderly in PRH estates with a higher proportion of elderly households.

Each year HA will provide funding for PRH estates to partner with

non-governmental organizations ("NGOs") to organize activities and to provide outreaching services for the elderly in order to identify elderly singletons and hidden elders, and offers them support services such as meal delivery, home repair, home cleaning services and escort service for medical consultation.

Expenses of the above measures are borne by HA and are not part of

the Government expenditure on elderly services.

(3) In 1990s, HA launched the "Scheme on Estate Social Service for the Elderly", which is commonly referred to as the Estate Liaison Officer ("ELO") Scheme, in over 20 PRH estates in Hong Kong. The scheme aimed to provide care and assistance to the elderly tenants, particularly those living alone, and refer cases to relevant government departments or NGOs as appropriate. Subsequently, the Social Welfare Department ("SWD") implemented and expanded the Support Teams for the Elderly ("STE") with a view to strengthening social networking service and enhancing community support for the single and needy elderly persons living in PRH. STE provides a more comprehensive and direct service in addressing the needs of the elderly in PRH estates.

Since SWD has already put in place STE, HA started phasing out the

ELO Scheme in 2002 to avoid the duplication of work, and to concentrate its resources in providing public housing and enhancing the efficiency and quality of estate management. HA will continue to maintain close contact and collaboration with SWD and NGOs to provide the required services to PRH residents who are in need.


Annex

HA PRH Distribution of Elderly Persons (Position as at 31 May 2021)

District Council District

Elderly Person per Household Total 1

Person 2

Persons 3

Persons 4

Persons 5

Persons 6

Persons CENTRAL AND WESTERN

254 204 13 2 0 0 709

EASTERN 15 298 9 293 384 34 2 1 35 188 SOUTHERN 10 695 6 599 261 30 0 0 24 796 YAU TSIM MONG

1 285 699 18 1 0 0 2 741

SHAM SHUI PO

26 851 11 905 574 40 1 0 52 548

KOWLOON CITY

11 899 5 535 227 11 2 0 23 704

WONG TAI SIN

32 845 16 590 770 58 5 0 68 592

KWUN TONG

60 003 28 615 964 63 2 0 120 387

KWAI TSING

41 175 21 479 563 34 2 0 85 968

TSUEN WAN

8 825 4 777 120 8 2 0 18 781

TUEN MUN 22 792 10 968 103 6 0 0 45 061 YUEN LONG

26 525 11 187 149 8 0 0 49 378

NORTH 9 667 4 150 75 7 0 0 18 220 TAI PO 6 605 4 403 76 3 0 0 15 651 SHA TIN 29 331 15 354 294 24 2 1 61 033 SAI KUNG 11 895 5 587 122 10 1 0 23 480 ISLANDS 7 372 3 312 66 4 0 0 14 210 WAN CHAI 0 0 0 0 0 0 0 Total 323 317 160 657 4 779 343 19 2 660 447


8539

Cross-boundary Wealth Management Connect 14. MR CHAN CHUN-YING (in Chinese): President, in June last year, the authorities of the Mainland, Macao and Hong Kong made a joint announcement on the decision to implement a two-way cross-boundary wealth management connect pilot scheme in the Guangdong-Hong Kong-Macao Greater Bay Area, which would allow residents in the Greater Bay Area to carry out cross-boundary investment in wealth management products distributed by banks in the area. They also signed a memorandum of understanding earlier this year on matters such as the principles of supervisory cooperation involved. On 6 May this year, the People's Bank of China Guangzhou Branch issued the Guangdong-Hong Kong-Macao Greater Bay Area Cross-Boundary Wealth Management Connect Pilot Scheme implementation details (Consultation Paper) ("Consultation Paper"). In this connection, will the Government inform this Council:

(1) as the Consultation Paper has mentioned that Hong Kong and Macao investors carrying out businesses under the "Northbound Wealth Management Connect" should meet the relevant requirements set by the financial regulators in Hong Kong and Macao, whether the Hong Kong Monetary Authority ("HKMA") has drawn up the relevant requirements in this regard; if so, of the details; if not, the reasons for that;

(2) as the Consultation Paper has mentioned that the investment

products which may be purchased by Mainland investors under the "Southbound Wealth Management Connect" will be subject to the regulations set by the regulators in Hong Kong and Macao, whether HKMA has drawn up the regulations in this regard; if so, of the details; if not, the reasons for that; and

(3) whether HKMA has discussed with the Mainland authorities, in

order to tie in with the implementation of the "Southbound Wealth Management Connect", allowing banks in Hong Kong to make enquiries, through the credit information system of the People's Bank of China, about the credit reports of those Mainland investors who intend to purchase investment products offered in Hong Kong; if so, of the details; if not, the reasons for that?


SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President, the People's Bank of China, the Hong Kong Monetary Authority ("HKMA") and the Monetary Authority of Macao jointly announced in June 2020 the decision to implement the two-way cross-boundary wealth management connect pilot scheme (Wealth Management Connect) in the Guangdong-Hong Kong-Macao Greater Bay Area ("GBA") to allow residents in Hong Kong, Macao and nine Mainland cities of GBA to carry out cross-boundary investment in wealth management products distributed by banks in the area to address the wealth management needs of the residents. Not only will Wealth Management Connect bring enormous business opportunities to the entire financial industry value chain and other professional services in Hong Kong, it will also promote the cross-boundary flow and use of Renminbi ("RMB"), reinforcing further Hong Kong's position as the global offshore RMB business hub and the international asset management centre. The regulators of the three places announced in early February this year that they have signed a Memorandum of Understanding on the principles of supervisory cooperation under Wealth Management Connect. In May, the Guangdong regulators promulgated the draft implementation guidelines for public consultation. HKMA has been working closely with the relevant authorities of the three places on various preparation work with a view to expediting the implementation of the scheme. My reply to the various parts of the question is as follows:

(1) and (2)

HKMA has conducted several rounds of industry consultation in drawing up the implementation details of Wealth Management Connect. The industry provided many constructive suggestions that have helped us draw up the scheme with a view to offering investors and the industry the necessary convenience while ensuring proper risk management. Our current proposal on the implementation arrangement for the Northbound investor eligibility and the Southbound wealth management product scope is as follows:

Northbound investor eligibility: Hong Kong residents who hold

Hong Kong identity cards (including permanent and non-permanent residents) and are assessed by Hong Kong banks as not being vulnerable customers ("VCs") in accordance with the HKMA's circular of 25 September 2019 "Investor Protection Measures in


8541

respect of Investment, Insurance and Mandatory Provident Fund Products"(1) can participate in the Northbound Scheme.

Southbound wealth management product scope: Considering the

need for individual investors to gradually gain a better understanding of the wealth management products and market landscape across the boundary, we plan to include relatively low-risk and simple wealth management products at the initial stage of the implementation of the scheme. Therefore, structured products or products mainly involving derivatives (e.g. futures and options) will not be included in the scope of eligible products. We expect that at the initial stage, the Southbound Scheme will mainly cover deposits, low to medium-risk and non-complex bonds and Hong Kong domiciled funds authorized by the Securities and Futures Commission.

(3) Based on the current proposal of the implementation arrangement,

Mainland investors' funds in their Hong Kong investment accounts should originate from their Mainland remittance accounts or be generated through investment gain under the Southbound Scheme. These funds can only be used to purchase eligible wealth management products under Wealth Management Connect and cannot be used for purposes such as pledging, or as leverage or guarantee. Therefore, we expect that Hong Kong banks do not need to obtain the credit conditions of Mainland investors for conducting due diligence and managing subsequent investment activities.

(1) VCs refer to customers who have lower ability to understand the risk and withstand the

potential losses of an investment. In determining whether a customer is a VC, banks consider holistically the circumstances of a customer, including the level of financial sophistication (e.g. investment experience), the state of mind (e.g. ability to make investment decision) and the level of wealth.

Hong Kong people's sense of belonging towards the Chinese people and the nation 15. MR PAUL TSE (in Chinese): President, in 2000, the Government allowed schools to teach Chinese history not as an independent subject at the junior secondary level. Some members of the public have criticized that since then,


quite a number of schools have combined Chinese history with other subjects, resulting in fragmented contents on Chinese history in the junior secondary curriculum and, consequently the new generation of young people "have forgotten about their history", have insufficient knowledge of the history of the nation and lack a sense of belonging towards the Chinese people and the nation. The aforesaid members of the public have also pointed out that since the reunification of Hong Kong in 1997, members of the public are required to provide only their nationalities or places of birth, and are no longer required to provide their native places when they complete the forms of the various government departments, which have also made young people "forget about their roots" and lose the means of knowing their personal identities and their links with the Motherland. In this connection, will the Government inform this Council:

(1) whether it has studied the aforesaid issues and formulated remedial measures; if so, of the details; if not, whether it will immediately conduct such a study;

(2) apart from making, since the 2018-2019 school year, Chinese history

an independent compulsory subject at the junior secondary level, of the new policies or measures put in place by the Government to help the new generation of young people develop correct historical perspectives and understand that they, as individuals, have inextricable relationship with Hong Kong and the Motherland; and

(3) whether it will further study (i) the teaching of Chinese history as an

independent compulsory subject at the senior secondary level, (ii) requiring afresh members of the public to fill in their native places on the forms of the various government departments, and (iii) organizing national education exchange tours, so as to enable young people to understand the history and customs of their native places and see for themselves the fast-developing industries in various provinces and municipalities on the Mainland in recent years, with a view to enhancing their sense of national identity; if so, of the details; if not, the reasons for that?

SECRETARY FOR EDUCATION (in Chinese): President, our reply to Mr Paul TSE's question is as follows:


8543

(1) and (2)

The Hong Kong Special Administrative Region ("HKSAR") is an inalienable part of our nation. The Constitution of the People's Republic of China ("the Constitution") and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China ("the Basic Law") form the constitutional basis of the HKSAR and provide strong safeguard for the long-term prosperity and stability of Hong Kong. Enabling young people to never forget their roots takes more than learning national history in schools or focusing on whether the concept of native places should be promoted to encourage the tracing of roots and ancestors. More importantly, it is necessary to enable all people (including young people) of Hong Kong to have a comprehensive and accurate understanding of the constitutional order of the HKSAR as well as the historical and cultural connection between Hong Kong and the nation to illustrate the fact that people of both places are of the same lineage, sharing the same root and mind, so as to help strengthen people's national awareness and sense of belonging to the nation. We also need to help people grow to respect Chinese culture as well as understand and appreciate our national development. Educating young people does not confine to school education only, it also includes efforts and cooperation on all fronts such as constitutional education on the Constitution and the Basic Law, public education, family education, media and information literacy to equip young people with the ability to differentiate true information from false, as well as the promotion of a patriotic atmosphere in society. All these require enhanced efforts and cooperation of different stakeholders in the entire society. Different bureaux and departments of the HKSAR Government, including the Home Affairs Bureau ("HAB"), the Constitutional and Mainland Affairs Bureau and the Education Bureau ("EDB"), are responsible for the related promotion efforts.

The HKSAR Government has been taking forward the promotion of

and education on the Constitution and the Basic Law to enable the public (including young people) to have a more comprehensive and accurate understanding of the Constitution, the Basic Law and the "one country, two systems" principle, so as to strengthen their national awareness and sense of belonging to the country. Under


the auspices of the Basic Law Promotion Steering Committee chaired by the Chief Secretary for Administration and its five working groups (namely Working Group on Local Community; Working Group on Teachers and Students; Working Group on Civil Servants; Working Group on Industrial, Commercial and Professional Sectors; and Working Group on Community Outside Hong Kong), relevant bureaux and departments of the HKSAR Government will carry out promotion and publicity work through different channels and in a diversified manner, including organizing or sponsoring various types of promotional activities, with a view to promoting to the public on various fronts the Constitution, the Basic Law and the constitutional order enshrined therein (including the relationship between the country and Hong Kong), as well as enhancing the atmosphere of studying and learning the Constitution and the Basic Law in the community.

School education is one of the focuses with fostering students' sense

of national identity as a key learning goal of primary and secondary education in Hong Kong. EDB has been adopting a "multi-pronged and coordinated" approach in the implementation of national education, with a view to helping students understand different aspects of national affairs and the development of history, culture, economy, technology and political system of our country through various learning activities within and beyond the classroom. With the efforts to enhance students' sense of identity and belonging towards the nation on all fronts, we will nurture a new generation with a sense of national identity and social responsibility, who have an affection for Hong Kong and an international perspective.

Chinese history education is an important part of national education

in the school curriculum. In view of this, EDB listed "reinforcing the learning of Chinese history and Chinese culture" in the Secondary Education Curriculum Guide as a major renewed emphasis in 2017, and implemented Chinese History as an independent compulsory subject at junior secondary level in the 2018-2019 school year. These measures enable all students to learn Chinese history in a holistic and systematic manner. The new curriculum has been implemented progressively starting from Secondary One in September 2020. Attaching equal weight to the


8545

ancient and modern times, the proportion of modern Chinese history in the new curriculum is expanded so that students can learn the history of the nation more comprehensively, and understand the fact that the interactive relationship between Hong Kong and the country since ancient times is inseparable. Under the new subject, students will understand that being citizens of Hong Kong, we are also people of our country, and that we have a close bond and a shared future and destiny with the 1.4 billion fellow countrymen in the Mainland. The curriculum will also develop students' sense of identity towards the nation, the Chinese race and our society, and help students respect, appreciate and inherit the Chinese culture.

In addition, EDB is going to introduce a senior secondary subject,

namely Citizenship and Social Development ("CS"), in lieu of Liberal Studies starting from Secondary Four in the 2021-2022 school year. This CS subject emphasises helping students understand Hong Kong, the country and the contemporary world as well as how they interact with each other from multiple perspectives. Through this subject, students can build up a broad knowledge base, develop critical thinking and rational analytical skills and a sense of national identity to become informed and responsible citizens with a sense of belonging towards the country and a global perspective. The curriculum covers three themes, two of which, namely "Hong Kong under 'One Country, Two Systems'" and "Our Country since Reform and Opening-up", aim at helping students understand the meaning and implementation of "one country, two systems", the development and achievements of our country since reform and opening-up, and the latest development of our country and the integration of Hong Kong into the overall national development. CS subject will also provide Mainland study opportunities for students to gain a first-hand understanding of our country and its history, culture and development, which cultivates their sense of national identity.

National security education is an integral part of national education.

In 2021, EDB has launched the Curriculum Framework of National Security Education in Hong Kong and 15 related national security education subject frameworks to elucidate to schools how the learning elements of national security education can be connected


naturally with and integrated organically into the relevant curriculum contents of different subjects. Meanwhile, to support the smooth promotion of the education of Chinese history, our country's developments, the Constitution, the Basic Law and national security in schools, EDB continues to update/enrich relevant learning and teaching resources, provide suitable professional training and organize diversified territory-wide students' activities to assist schools in creating a conducive atmosphere to impart correct information of the national history, current situation and developments of our country to students through diversified life-wide learning experiences and activities (including museum visits, exchange activities in the Mainland, quiz competitions and project learning, etc.), so as to help them develop a sense of belonging to the country, an affection for the Chinese people and a sense of national identity.

Apart from promoting national education by EDB in schools, HAB

has been working closely with the Committee on the Promotion of Civic Education ("CPCE") to promote civic and national education (including the Constitution, the Basic Law and "one country, two systems", etc.) outside schools and in the community through various channels and projects, such as providing sponsorship to eligible organizations for organizing civic and national education activities; producing publicity programmes and publications or organizing exhibitions/talks on relevant themes (e.g. the Basic Law); disseminating information through the CPCE's website and social media pages; and launching promotion activities in the Civic Education Resource Centre.

Diversified activities organized by social organizations are very

important for the creation of a patriotic atmosphere. Life-wide learning activities, such as thematic exhibitions on China's development and history, film shows of patriotic movies and talks by famous Mainland Olympians or aerospace crew during their visit to Hong Kong, can help the public (including young people and students) understand more about the history and development of the country through difficult times, and strengthen their national identity. All these efforts are no less important than activities in schools.


8547

(3) Chinese History has always been an elective subject in senior secondary curriculum. Students may choose to study the subject according to their interests and abilities in order to increase their understanding of the historical development of China. Besides Chinese History, senior secondary students can also learn about the historical development of China and the characteristics of Chinese culture through senior secondary compulsory subjects such as Chinese Language and CS subject/Liberal Studies. Currently, some people in the community suggest that Chinese History should be made a compulsory subject at the senior secondary level. Such proposal will affect the overall structure of the senior secondary curriculum while reducing students' choice of subjects and imposing more restrictions on subject selection. Students and parents may not find it agreeable.

In addition to classroom learning, first-hand experience can also help

cultivate students' affection for our country more effectively. As such, over the years EDB has been organizing Mainland exchange programmes for students or subsidizing those organized by schools with diversified themes to dovetail with the latest development of the school curriculum and the country. Since the 2017-2018 school year, EDB has provided about 100 000 exchange quotas every year, which is sufficient for every student to join at least one Mainland exchange programme in the respective primary and secondary stages. This can consolidate and deepen their classroom learning, help students understand our country's development in aspects such as history, culture, economics, education, science and technology, and enhance their sense of national identity. The Mainland exchange programmes for students cover 22 provinces, four autonomous regions and four municipalities in the Mainland. Many of the destinations are students' native places, which can help them learn about their home towns and experience the customs and cultures and the fast-developing industries of different provinces and municipalities. However, due to the COVID-19 outbreak, these Mainland exchange programmes have been suspended or postponed. EDB will closely monitor the latest development of the pandemic and the clearance situation so as to resume the Mainland exchange programmes in due course. We will enhance the promotion and publicity in schools to actively encourage students to participate in the programmes.


On promotion in society, HAB currently subsidizes non-governmental organizations ("NGOs") to organize Mainland exchange projects for young people through the Funding Scheme for Youth Exchange in the Mainland, in order to deepen their understanding of the culture and history of the Mainland, the way of life of Mainland people, the developments of our country, etc., as well as foster their exchange with Mainland people. Before the pandemic, about 15 000 Hong Kong young people benefited from the Scheme each year. As regards internship, HAB subsidizes NGOs through the Funding Scheme for Youth Internship in the Mainland to organize Mainland internship activities for local young people, with a view to enabling them to obtain real experience in the actual workplace environment in the Mainland, as well as acquire a deeper understanding of the employment market, work culture and development opportunities therein. In addition to these funding schemes, HAB also collaborates with top-notch scientific research and cultural institutions in the Mainland as well as major corporations in Hong Kong to implement the Thematic Youth Internship Programmes to the Mainland and the Scheme on Corporate Summer Internship on the Mainland and Overseas respectively, providing unique internship opportunities for local young people with different backgrounds, expertise and interests. Before the pandemic, the three internship schemes altogether offered Mainland internship opportunities to over 4 000 young people each year. Even though the Mainland exchange and internship projects cannot be held for the time being due to the pandemic, HAB has allowed the organizers to arrange local activities that do not involve crowd gatherings, such as online briefing sessions, lectures and training courses, so that participants may learn about the culture, history, social features, people's way of life, latest development, etc. in the Mainland (particularly the exchange/internship destinations). HAB is closely keeping in view the developments of the pandemic and the cross-boundary quarantine requirements between the Mainland and Hong Kong, and will arrange for the resumption of the exchange and internship activities in the Mainland when it is safe and practicable to do so.

We hope that stakeholders and organizations from different sectors

can work with the Government in the promotion of national


8549

education and creation of a patriotic atmosphere in society so as to nurture our young people into quality citizens with a sense of social responsibility and national identity, an affection for Hong Kong as well as an international perspective.

English proficiency of students 16. MS STARRY LEE (in Chinese): President, an international language education institution conducted last year a survey on the English proficiency of adults around the world, the results of which showed that Hong Kong ranked the 33rd among the 100 countries and regions surveyed and the fifth in the Asia region. On the other hand, the Government has indicated that it is necessary for Hong Kong people to maintain excellent English proficiency in order to consolidate Hong Kong's status as a metropolis. Regarding the English proficiency of students, will the Government inform this Council:

(1) whether it compared, in the past five years, the English proficiency of Hong Kong students with that of the students in other regions; if so, of the outcome; if not, the reasons for that;

(2) whether, in the past five years, it allocated additional resources to

schools, strengthened training for teachers, assisted schools in enhancing the methods for teaching English, and implemented other measures, with a view to enhancing students' English proficiency; if so, of the details (including the expenditure involved); and

(3) whether it has evaluated the effectiveness of the various measures

mentioned in (2); if so, of the details; if not, the reasons for that? SECRETARY FOR EDUCATION (in Chinese): President, we reckon that the survey mentioned in the question is likely to be an English Proficiency Index test conducted by a commercial international language education institution. According to the information published online by the institution, the test-takers were those who were interested in learning English or keen to know his/her own English proficiency, and their participation was voluntary. Hence, the sampling of the test might not be comprehensive and could not represent the population of the entire region. Furthermore, as the test was administered only online, people


who could not or did not use the Internet during the testing period were automatically excluded from the test. The median age of the test-takers was 26, and 20% of the test-takers aged above 35. Therefore, the test did not reflect the English proficiency of students. In gist, the results of the Index test neither represented the English proficiency of students nor reliably reflected the English proficiency of the population of the participating regions. We should be cautious in interpreting the relevant figures and ranking. Our reply to the question raised by Ms Starry LEE is as follows:

(1) The Education Bureau ("EDB") has been keeping track of the English proficiency of Hong Kong students through various channels, including large-scale assessments like the Hong Kong Diploma of Secondary Education ("HKDSE") Examinations and the Territory-wide System Assessment ("TSA"). Since the inaugural HKDSE Examinations in 2012, at least 77% of students attained Level 2 or above in the English language subject, meeting the requirements for applications of civil service posts and sub-degree programmes. The percentage of students attaining Level 3 or above, i.e. meeting the minimum requirement for admission to local 4-year undergraduate university programmes, increased from 50.1% in 2012 to 55% in 2020. Furthermore, TSA, which is administered to students upon their completion of Primary Three, Primary Six and Secondary Three studies, provides objective, comprehensive and quality data. Concerning the basic competencies in the English language subject, primary and secondary students in Hong Kong performed steadily in TSA in recent years. In the past few years (from 2014 to 2019), around 80% of Primary Three students attained the basic competencies in the English language subject every year. The relevant statistics for Primary Six students also steadily reached 72%; and that for Secondary Three students stood at around 70% every year. The above shows that students of the respective grades have sustained a steady performance all along. EDB did not make comparisons on the English proficiency between local students and students in other regions.

(2) EDB provides schools with recurrent resources every year and has

implemented various measures with a view to enhancing the English proficiency of Hong Kong students. Furthermore, the Government


8551

set up the Language Fund ("LF") in 1994 and injected a $5 billion seed money to LF in 2014 to provide a steady stream of funding to facilitate the long term strategic planning and development of language education. In 1996, the Government also established the Standing Committee on Language Education and Research ("SCOLAR"), which has been advising the Government on language education issues in general as well as the use of LF. Through the use of LF, SCOLAR has complemented the efforts of the Government and other advisory bodies as well as stakeholders by funding and implementing various measures to assist the people in Hong Kong, particularly students and working adults, and enhance the Chinese and English proficiency of people in Hong Kong (including students).

Concerning the support to schools, since 2004, the Task Force on

Language Support under EDB has been providing school-based support services on English language to primary and secondary schools to enhance teachers' professional knowledge and their teaching skills. Moreover, in order to enhance the teaching of English language, the Native-speaking English Teacher ("NET") Scheme has been implemented in public-sector secondary and primary schools. NETs collaborate with local English language teachers to bring diversified teaching strategies and methods/beliefs, their professional experience and cultural literacy to local English language classrooms to enrich students' language learning experience and strengthen the English language learning environment. Also, in the 2017-2018 school year, EDB launched the Grant Scheme on Promoting Effective English Language Learning in Primary Schools, which provides a one-off additional grant to primary schools to facilitate their development of school-based measures for further enhancing English language teaching.

Regarding the professional development of teachers, EDB has

continuously provided or commissioned universities and etc. to conduct professional development programmes for in-service teachers on the effective implementation of the English language curriculum and language across the curriculum. In addition, the Scholarship for Prospective English Teachers attracts individuals who are proficient in English to pursue relevant local bachelor


degree programmes and/or teacher training programmes for the necessary qualifications to become English teachers upon graduation.

In order to arouse students' interest in learning English and to

enhance their exposure to English language, EDB has been organizing or co-organizing with different organizations various types of English language activities, such as English language video-making competitions; public speaking/debating competitions; and drama competitions, including the "English Sayings of Wisdom Creative Writing Competition" and "Poetry Remake Competition" held in the 2020-2021 school year to promote language learning across the curriculum. LF also sponsors various organizations to organize English language related activities in the community, such as theatre experiences and story-telling and writing workshops, so as to provide primary and secondary students with enjoyable English language learning experience and boost their confidence in using English.

Meanwhile, EDB conducts ongoing renewal of and optimizes the

curriculum. EDB has reviewed the "CDC English Language Education Key Learning Area Curriculum Guide (Primary 1-Secondary 6)" ("the Guide") in 2017 and enriched the content by incorporating e-learning, information literacy, and reading/language across the curriculum in the Guide. The optimizing measures of the Senior Secondary English language subject was also announced in April 2021.

In the past five years (i.e. from 2016-2017 to 2020-2021 financial

years), the average total annual expenditure of the aforementioned support measures on English language education was about $900 million.

(3) We conduct ongoing evaluations of the above mentioned measures

through various means, including curriculum development visits to and lesson observations in participating schools; inviting participants of the schemes to take part in questionnaire surveys and/or focus group interviews; holding quality assurance meetings with organizers of the schemes, and vetting the progress and final reports


8553

submitted by relevant organizations. All in all, positive feedback was received from schools/participants. They agreed that the schemes had helped teachers in devising teaching strategies that cater for the needs of their students so as to enhance students' English learning abilities and arouse their interest in learning English. As mentioned in reply (1) above, students' results in the English language subject of the HKDSE Examinations were overall satisfactory and their performance in TSA was also steady.

EDB will continue implementing various measures to enhance

English language education with a view to raising students' English proficiency.

Encouraging and facilitating members of the public to receive vaccination 17. MR CHAN HAN-PAN (in Chinese): President, quite a number of members of the public have relayed that while they are very willing to receive vaccination against the Coronavirus Disease 2019 ("vaccination"), they have not taken any action because they do not know whether it is suitable, given their health conditions, for them to do so. Besides, as some members of the public residing in remote areas have difficulty in travelling to and from the Community Vaccination Centres, they have not received the vaccination. On encouraging and facilitating members of the public to receive vaccination, will the Government inform this Council:

(1) whether it knows, since the 25th of last month when the general outpatient clinics under the Hospital Authority started providing vaccination assessment service to patients who are regularly followed up at such clinics, (i) among the total attendances at such clinics, the number and percentage of those who have been assessed, and (ii) among the people assessed, the number and percentage of those assessed to be unsuitable for receiving vaccination; the criteria adopted for assessing whether patients are suitable for receiving vaccination;

(2) whether it will consider setting up mobile vaccination stations to

vaccinate residents in remote areas (e.g. outlying islands); if so, of the details; if not, the reasons for that; and


(3) whether it will further discuss with the authorities of the Mainland and Macao shortening the quarantine periods for those Hong Kong residents who have received vaccination or granting them exemption from quarantine when they enter the Mainland and Macao, so as to encourage more members of the public to receive vaccination; if so, of the details; if not, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, the Government launched the "Early Vaccination for All" campaign with an aim to building an immune barrier in Hong Kong as soon as possible by raising the vaccination rate during the critical period from now until the end of August, thereby restoring normality to society sooner rather than later. In consultation with the Civil Service Bureau and the Constitutional and Mainland Affairs Bureau, my reply to the various parts of the question raised by Mr CHAN Han-pan is as follows:

(1) In support of the Government's COVID-19 Vaccination Programme, since 25 June, the Hospital Authority ("HA") has offered additional assessment sessions to patients with regular follow-up appointments at the 73 General Out-patient Clinics ("GOPCs") who intend to receive COVID-19 vaccination but are in doubt of their suitability. The extra assessment sessions will be provided ahead of the patients' follow-up appointments for doctors to assess their clinical conditions and medical records and make appropriate recommendations to aid them in making decision on vaccination. If a patient is assessed by the doctor to be temporarily unfit for vaccination due to medical reasons, the doctor will advise the patient to postpone the vaccination and a clinical assessment will be performed again at a later time. A medical certificate will also be issued to the patient. As at 13 July, HA's GOPCs have made appointments for over 2 700 eligible patients to receive the COVID-19 vaccination assessment service, out of which around 2 120 appointments have completed assessment. HA does not maintain record on the number of people who are assessed to be unfit for receiving vaccination. HA will closely monitor the demand for the relevant assessment service and review the arrangement concerned, with a view to providing consultation by doctors to the patients to facilitate them to receive


8555

vaccination as soon as their physical conditions permit, having regard to manpower and infection control measures.

According to the recommendation made by the Joint Scientific

Committee(1) and the Chief Executive's expert advisory panel, anyone who has received influenza vaccines before can safely receive COVID-19 vaccines. Unless individuals have concerns regarding their physical conditions and need to first consult a doctor, otherwise it is not necessary for most people (including elders) to undergo assessment before receiving COVID-19 vaccination.

(2) In addition to receiving COVID-19 vaccination at Community

Vaccination Centres or designated clinics, members of the public can also participate in vaccination outreach services organized by community groups, organizations, enterprises, schools, etc., in order to receive vaccination in a more convenient manner. If the relevant organizations have a sufficient number of people who would like to receive vaccination and can provide suitable venue and sufficient space, they can contact the outreach vaccination service hotline (3904 1490) for arrangement of outreach services. Furthermore, the relevant organizations or groups can also directly contact doctors who provide COVID-19 vaccination services at non-clinic setting to arrange for vaccination outreach activities. Contact information can be found at the relevant website: <https://www.chp.gov.hk/files/pdf/list_vssdr_covid_non_clinic_eng.pdf>.

(3) The Hong Kong Special Administrative Region ("SAR")

Government has been communicating and liaising closely with the governments of the Mainland and the Macao SAR on measures for epidemic prevention and control. For the early resumption of normal cross-boundary flow of people amongst the three places in an orderly manner, the Hong Kong SAR Government will continue to closely monitor and control the epidemic situation, and to speed up vaccination for members of the public. Meanwhile, the Hong Kong SAR Government will maintain liaison with the Mainland and Macao to actively explore the resumption of normal cross-boundary

(1) Namely the Scientific Committee on Vaccine Preventable Diseases and the Scientific

Committee on Emerging and Zoonotic Diseases.


activities amongst the three places in a gradual and orderly manner, on the premise that the epidemic situation in the three places is under control and without posing additional public health risks.

Voluntary Health Insurance Scheme and health expenditures 18. DR PRISCILLA LEUNG (in Chinese): President, the Government launched the Voluntary Health Insurance Scheme ("VHIS") on 1 April 2019. Certified Plans offered under VHIS by insurance companies are categorized into Standard Plans and Flexi Plans. Regarding VHIS and health expenditures, will the Government inform this Council:

(1) whether it knows the following information about VHIS at present:

(i) the respective numbers of Standard Plans and Flexi Plans available, and

(ii) the number of insurance policies, with a breakdown by the

category of plans under which the insurance policies fall and the age group to which the insured persons belong (i.e. 18 or below, 19 to 29, 30 to 44, 45 to 59, 60 to 79, and 80 or above);

(2) whether, according to the projections based on the current trend in

the number of policy holders under VHIS, the target of achieving an uptake of 1.5 million persons in the third year after the launch of VHIS can be met;

(3) whether it knows the average standard premiums of those Standard

Plans offered to the following groups of insured persons on 1 April in each of the years from 2019 to 2021: non-smoking (i) males and (ii) females aged between 60 and 95 (each group covering five years of age); whether there is an upward trend in such premiums; if so, whether it has examined if the increase is reasonable;

(4) of the number of persons claiming tax deductions for qualifying

premiums paid under VHIS policies in the year of assessment 2020-2021, and the total amount of qualifying premiums paid by them for which tax deductions are allowed;


8557

(5) of (i) a breakdown of the recurrent health expenditure by health financing scheme and (ii) the total amount of public and private health expenditures, in each of the past two financial years; and

(6) given that one of the long-term goals of VHIS is to alleviate the

pressure of healthcare service demand on public hospitals, whether the Government has formulated indicators based on (i) the number of persons insured under VHIS and (ii) the percentage of the total expenditure on premiums paid under VHIS in the recurrent health expenditure; if so, of the details; if not, whether it will expeditiously formulate such indicators, so as to facilitate public monitoring of the effectiveness of the policy?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, my reply to the question raised by Dr Priscilla LEUNG is as follows:

(1) As at end of May 2021, there were 33 insurance companies registered as Voluntary Health Insurance Scheme ("VHIS") Providers, altogether offering 78 Certified Plans (including 33 Standard Plans and 45 Flexi Plans) with 296 product options for consumers.

As at end of March 2021 (i.e. upon first two years of the VHIS

implementation), the number of the VHIS policies reached about 791 000. The age profile of insured persons for the VHIS policies issued under Standard Plan and Flexi Plans is shown below:

Age group of

insured persons Standard Plan Flexi Plan Total

0 to 18 3 400 146 100 149 500 19 to 29 3 600 112 400 116 000 30 to 44 6 400 229 900 236 300 45 to 59 7 300 197 700 205 100 60 to 79 4 500 78 800 83 300 80 or above 200 900 1 100 Overall 25 400 765 800 791 300 Note: Figures may not add up due to rounding.


(2) and (6) Affected by earlier social events and the COVID-19 situation, the

growth of the overall medical insurance market has experienced a slow-down since the latter part of 2019. This notwithstanding, the VHIS segment has considerably outperformed the market average. A survey conducted by the Food and Health Bureau reveals that VHIS policies for new customers accounted for 77% of the net growth in the entire individual indemnity hospital insurance products portfolio of the VHIS Providers in 2020. This reflects that the market has largely accepted VHIS Certified Plans as mainstream products in the medical insurance market segment.

To a certain extent, the outlook of the overall medical insurance

market in the coming year hinges on the COVID-19 situation and economic development. When the COVID-19 situation gradually stabilizes and economy rebounds, we believe that the pent-up demand for medical insurance products will be released with rising awareness of the importance of medical needs and protection. We stay cautiously optimistic about the long-term development of VHIS.

The percentage of the total expenditure on premiums paid in the

recurrent health expenditure are affected by various factors (such as the overall medical needs). As such, we do not have a target on the percentage of the total expenditure on premiums paid under VHIS in the total health expenditure. However, VHIS has enhanced the claim ratio of hospital insurance (the overall reimbursement ratio of the VHIS insurance claims reached 88% in 2020). In the long run, we believe that more people would have confidence in the protection covered by VHIS and choose private healthcare services when in need, thereby alleviating pressure on public hospital services.

(3) The average annual standard premium of Standard Plans for

non-smoking male and female of ages 60 and above on 1 April in each of the years from 2019 to 2021 are listed below:

Age

group of insured persons

Average annual standard premium of Standard Plan Male Female

1 April 2019(1)

1 April 2020(2)

1 April 2021(2)

1 April 2019(1)

1 April 2020(2)

1 April 2021(2)

60 to 64 $9,900 $7,700 $7,500 $9,700 $7,300 $7,300 65 to 69 $12,800 $9,900 $9,800 $12,400 $9,500 $9,400


8559

Age group of insured persons

Average annual standard premium of Standard Plan Male Female

1 April 2019(1)

1 April 2020(2)

1 April 2021(2)

1 April 2019(1)

1 April 2020(2)

1 April 2021(2)

70 to 74 $17,100 $12,700 $12,600 $16,600 $11,900 $11,900 75 to 79 $20,100 $15,500 $15,600 $19,600 $14,700 $14,500 80 to 84 $22,800 $16,000 $16,500 $22,300 $15,600 $16,000 85 to 89 $25,100 $18,400 $18,500 $24,600 $17,800 $18,000 90 to 94 $26,500 $19,700 $19,700 $26,100 $18,900 $19,200 95 to 99 $27,900 $21,100 $21,000 $27,400 $20,100 $20,400

Notes: (1) Average standard premium as at 1 April 2019 was based on the crude estimation of

market share of different product providers at that time. (2) Average standard premium as at 1 April 2020 and 1 April 2021 were based on the actual

market share of different product providers in offering Standard Plans for the particular age group of insured persons. Due to data limitation, the average standard premiums for age groups with ages 85 and above are crude estimates based on the market share of different product providers for the age group of 80 to 84.

The average standard premiums are based on the market share of

different product providers, which may vary over time. As such, the average standard premiums may change even if there are no premium adjustments.

For VHIS Standard Plans, there was only one Standard Plan with

upward standard premium adjustment at an average rate of 5%, as at 1 April 2021. On the other hand, there were three Standard Plans with downward standard premium adjustments at an average rate of 4%. Overall speaking, the premium levels of Standard Plans remain generally stable.

(4) According to the latest information available from the Inland

Revenue Department, around 155 000 taxpayers claimed VHIS tax deduction in the year of assessment 2019-2020, involving around 198 000 insured persons and around $1.019 billion qualifying premiums. Corresponding figures in the year of assessment 2020-2021 are currently not available from the Inland Revenue Department.


(5) According to Hong Kong's Domestic Health Accounts, breakdowns of recurrent health expenditure by healthcare financing scheme in 2019-2020 are set out in the table below:

Healthcare financing scheme Recurrent health expenditure ($ million)

Government schemes 95,903 Household out-of-pocket payment 53,568 Privately purchased insurance schemes 15,295 Employer-based insurance schemes 14,270 Enterprise financing schemes 1,677 Non-profit institutions serving households financing schemes

477

Total 181,190 Total health expenditure by public and private health expenditure in

2019-2020 are set out in the table below:

Health expenditure ($ million) Public Private Overall

Total health expenditure 101,527 88,097 189,624 As it takes time to collect data from a variety of sources for

estimation, we cannot provide figures for 2020-2021 at this stage. Supporting the transport sector 19. MR FRANKIE YICK (in Chinese): President, in light of the blow dealt to the transport sector ("the sector") by the epidemic, the Government launched a subsidy scheme last year to provide members of the sector with fuel subsidies or one-off subsidies to help relieve their operating pressure. Some members of the sector have relayed that as fuel subsidies have not only given breathing space to various public transport operators but also increased the income of self-employed drivers, such subsidies are conducive to attracting those drivers who have changed their occupation to return to the sector. However, the disbursement of fuel subsidies has ceased since the 30th of last month. While the epidemic has subsided lately, some anti-epidemic and social distancing measures have not yet been removed. As a result, the passenger volume of public transport is still lower than the pre-epidemic level by 20% to 30%, and various operators are still


8561

faced with severe financial problems. Given that fuel cost is a major expenditure item of the sector, and that oil prices have shown an upward trend recently, the cessation of fuel subsidy disbursement has put the sector under heavy financial pressure. In this connection, will the Government inform this Council:

(1) of the latest situations regarding the claiming of fuel subsidies by and the disbursement of the subsidies to the sector, with a breakdown by type of transport mode; how such situations compare with those originally estimated by the Government;

(2) whether, in light of the fact that the business environment of the

sector remains difficult and the problems of wastages and insufficiency of self-employed drivers remain severe, the Government will consider providing the subsidies again; if so, of the details; if not, the reasons for that, and the measures in place to help the sector tide over the difficulties; and

(3) given that some public transport modes have ceased running

because most of the immigration control points are closed, and the operators concerned have thus been unable to claim fuel subsidies, whether the Government has considered offering an additional one-off subsidy to these operators; if so, of the details; if not, the reasons for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, in view of the impact of the COVID-19 pandemic on the local transport sector, the Government has introduced a series of relief measures under the Anti-epidemic Fund ("AEF") to provide financial support, including fuel subsidy, so as to tide them over the difficult period. The consolidated reply to Mr Frankie YICK's question is as follows: As at 2 July this year, the Government has disbursed a total of about $5.5 billion of subsidies (including $750 million of fuel subsidies) under AEF to the transport sector. The details and progress of fuel subsidy disbursements are as follows:


Public Transport

Mode Details of Subsidy Progress of Disbursement

Amount of Subsidy

Disbursed (As at 2 July)

($ million) Franchised Buses and Trams

Reimburse one third of the actual fuel/electricity cost for 12 months from 1 July 2019 to 30 June 2020

Disbursement of subsidies completed

344.29

Local Ferries

47.93

Taxis and Public Light Buses ("PLBs")

Offer a $1.0 discount per litre of liquefied petroleum gas ("LPG") for LPG taxis and PLBs, and reimburse one third of the actual fuel cost for petrol taxis and diesel PLBs for 12 months from 1 July 2020 to 30 June 2021

The deadline for application is 31 August 2021. Upon receipt of applications with all necessary information provided, the Transport Department will take about two months to complete the reimbursement procedure. As at 2 July, subsidies have been disbursed to 83% of the approved applications.

356.50

Apart from the fuel subsidies, the Government has also provided various one-off subsidies to the transport sector under the first three rounds of AEF, as well as wage subsidies to the employees of public transport operators under the Employment Support Scheme. In addition, temporary parking spaces for idle non-franchised buses, school private light buses and taxis in suitable locations have been provided. The Government has also waived the fees for vehicle licence for commercial vehicles, vehicle examination for licence renewal, Passenger Service Licence and Passenger Service Licence Certificate from 30 December 2019 to 29 December 2021. These measures have helped alleviate the financial burden of the trades, including the operators who were unable to conduct business as usual during the pandemic. With the progressive relaxation of the social distancing measures, members of the public are gradually resuming their normal activities. The Government believes that there will be a further increase in passenger trips, thereby creating a better business environment for the transport trade. The Government does not plan to extend the time frame of the above mentioned measures under AEF at this stage. The Government will continue to work with other relevant departments and keep in view the development of the pandemic and the business environment of the trade, while maintaining close liaison with the trade.


8563

Economic development in New Territories North 20. MR HOLDEN CHOW (in Chinese): President, it is learnt that the Shenzhen Municipal Government is now pressing ahead in full steam with the planning and construction of a port economy belt on the Shenzhen side along the Shenzhen-Hong Kong boundary, and the Government of the Hong Kong Special Administrative Region ("SAR") has also put forward a development blueprint for New Territories North. Moreover, this Council passed a Member's motion in May this year, urging the Government to drive the development of New Territories North with port economy, including opening up the Sha Tau Kok Closed Area. In this connection, will the Government inform this Council:

(1) of the current population of usual residents in the Sha Tau Kok Closed Area;

(2) of the total number of Closed Road Permits for access to the Sha Tau

Kok Closed Area issued by the Hong Kong Police Force in the past five years;

(3) as it has been reported that the Shenzhen Municipal Government has

preliminarily completed a planning proposal for the redevelopment of the Shatoujiao Checkpoint in the Yantian District of Shenzhen, under which it plans to develop the Checkpoint into a landmark checkpoint in Shenzhen East mainly for facilitating traveller clearance which will be complemented with the functions of international tourism and consumption, whether the SAR Government will consider dovetailing with such planning by opening up the Sha Tau Kok Closed Area in the future, so as to take forward the economic development in New Territories North and increase the employment opportunities within the area; and

(4) whether the SAR Government will consider discussing with the

Mainland authorities the full implementation, at the Sha Tau Kok Boundary Control Point, of the arrangement of carrying out at the same place the customs, immigration and quarantine procedures of Hong Kong and those of the Mainland (i.e. the "co-location arrangement"), as well as the provision of relevant ancillary boundary-crossing facilities to further facilitate Hong Kong residents to commute between Shenzhen and Hong Kong for work and living, so that they can benefit from the policy of opening up and developing the frontier closed areas?


SECRETARY FOR SECURITY (in Chinese): President, the Frontier Closed Area ("FCA") is established to ensure that law enforcement agencies can effectively safeguard the integrity of the boundary between the Hong Kong Special Administrative Region ("HKSAR") and the Mainland, as well as to combat illegal immigration, smuggling and other cross boundary criminal activities. It has all along been the policy of the HKSAR Government to limit the FCA coverage to the area required for ensuring public order. Therefore, having balanced the security risks concerned, the HKSAR Government substantially reduced the FCA land coverage from about 2 800 hectares to about 400 hectares between 2008 and 2016. Since there is no physical barrier along the Hong Kong-Mainland boundary to separate Sha Tau Kok ("STK") Town from the Mainland, and Chung Ying Street in STK Town is the only place in Hong Kong where cross-boundary movement of people and goods is allowed without boundary control facilities, the primary considerations for keeping STK Town within FCA are the actual circumstances in the area and its security risks. After consulting the relevant departments, my reply to each part of the question is as follows:

(1) According to the Police's information, the population of usual residents in the STK Closed Area was about 4 000 as at December 2020.

(2) The numbers of Closed Road Permits ("CRPs") for access to the

STK Closed Area issued by the Hong Kong Police Force in the past five years are as follows:

Year Number of CRPs for access to the STK Closed Area issuedNote

2016 13 822 2017 13 250 2018 12 569 2019 12 952 2020 13 153

Note: CRPs are issued not only to usual residents in the STK Closed Area but also to those conducting commercial or other normal activities and meeting the relevant requirements.


8565

(3) As regards the proposal of fully opening up STK FCA, we anticipate that it will lead to more unnecessary flow of people and goods into FCA, posing greater security risks. In particular, a serious case involving $80 million of smuggled goods took place in FCA last year. Taking advantage of the shore near STK Town, lawbreakers will use modified speedboats with increased engine power to smuggle goods and swiftly leave Hong Kong waters via Starling Inlet. It poses considerable difficulties for law enforcement to pursue these smuggling speedboats and exposes law enforcement officers to huge risks. Besides, if the security environment along the boundary is not stringent enough, criminals will take advantage of such environment for smuggling of firearms or drugs inbound. Therefore, there is a genuine need for us to curb cross-boundary crimes through the existing FCA arrangement. Also, local residents have expressed grave concerns that the opening up of FCA will cause disruption to their tranquil daily lives, create traffic problems, lead to road capacity issues or bring inconvenience as a result of the enhancement of other ancillary security measures (e.g. erection of boundary fences). Any proposal involving the relaxation of the FCA arrangement must therefore be handled and considered carefully on the premise of effectively controlling security risks and curbing cross-boundary crimes upon consultation with residents who may be affected by the relaxed arrangement.

(4) The HKSAR Government and the Shenzhen Municipal Government

have all along maintained close collaboration and jointly explored measures that enhance the handling capacity and clearance facilitation of land boundary control points ("BCPs") for promoting efficient and convenient flow of people and goods. Over the past year, measures actively taken forward/implemented by both Governments included commissioning of the Liantang/Heung Yuen Wai Control Point, implementation of 24-hour clearance at the Shenzhen Bay Port, pressing ahead of the redevelopment of the Huanggang Port and implementation of the co-location arrangement etc. The two Governments will continue with their holistic consideration in various areas such as overall planning, transport infrastructures and BCPs' service demand and operation, and implement measures that facilitate enhancement in the handling capacity and clearance facilitation of BCPs.


Encouraging members of the public to receive vaccination 21. IR DR LO WAI-KWOK (in Chinese): President, in response to the "Early Vaccination for All" campaign launched by the Government, quite a number of commercial and community organizations have rolled out, one after another, various vaccination reward programmes ("reward programmes") to encourage members of the public to receive vaccination against the Coronavirus Disease 2019 ("COVID-19"). However, members of the public need to fill in their personal data on different electronic platforms one by one in order to participate in the reward programmes. Some members of the public consider that such arrangement is time-consuming and cumbersome, undermining the effectiveness of the reward programmes. In this connection, will the Government inform this Council:

(1) whether it will set up a unified platform to (i) enable members of the public to participate in the reward programmes they prefer by filling in their personal data just once and (ii) assist the organizations which organize the reward programmes in verifying the eligibility of the winners; if so, of the details; if not, the reasons for that; and

(2) given that the Summer Olympic Games soon to be held in Tokyo

have aroused the attention of members of the public in sports activities, whether the Government will distribute tickets or souvenirs of local sports matches to persons who have completed a COVID-19 vaccination course, so as to enhance the motivation of members of the public to receive vaccination; if so, of the details; if not, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, in consultation with the Innovation and Technology Bureau and Home Affairs Bureau, my reply to the various parts of the question raised by Ir Dr LO Wai-kwok is as follows:

(1) The Hong Kong Special Administrative Region Government launched the "Early Vaccination for All" campaign on 31 May, with the aim of building an immune barrier in Hong Kong as soon as possible by significantly raising the vaccination rate. Various sectors across the community have responded positively by rolling out various reward programmes to encourage members of the public to get vaccinated, thereby facilitating early resumption of Hong Kong's normal economic activities with concerted efforts.


8567

The Government welcomes the incentives actively provided by the commercial sector and organizations to encourage members of the public to receive the COVID-19 vaccination. The Office of the Government Chief Information Officer will provide technical support for the reward programmes for vaccination provided by these enterprises and organizations by assisting them in verifying winners' vaccination records to confirm their eligibility. Regarding the suggestion of setting up a single registration platform by the Government, it is noted that the details of the reward programmes for vaccination launched by different organizations and enterprises vary in terms of the launch dates, format of activity and rules, eligibility and requirements of participants and winners, as well as the personal information to be collected, etc. Moreover, some of the reward programmes also include elements such as marketing and membership promotion, etc. Taking into account the different requirements of respective organizations and enterprises, we are of the view that it is more appropriate for the organizations that organize the activity to handle their relevant reward registration. Some of the organizations and enterprises have already launched specific event websites and registration procedures for their reward programmes, and arranged related promotional activities.

(2) Given the epidemic, most major international sports events

scheduled to be held in Hong Kong have either been cancelled or postponed since early 2020. The 2021 UCI Track Cycling Nations Cup held in May this year also had to be conducted behind closed doors. As regards local sports matches, infection prevention and control measures were observed and admission quotas were placed. In fact, most local matches offer admission at no or low charge. Therefore, the Government has no plan to distribute tickets of sports matches with a view to incentivizing members of the public to receive vaccination.

The Tokyo Olympic Games ("TOG") will be held in Tokyo, Japan

soon. To enhance public interest in and concerns on sports across the territory, the Government will conduct various community engagement and publicity activities during TOG for public participation free of charge with a view to cheering Hong Kong athletes on, including the setting up of Olympics Live Zones by the


Leisure and Cultural Services Department at designated sports centres in 18 districts for public viewing of TOG competitions. Souvenirs will also be distributed on the spot.

Tree management work 22. MR TONY TSE (in Chinese): President, the Government currently adopts an "integrated approach" for tree management, under which the departments responsible for the government facilities or land concerned are also tasked with inspecting and taking care of those trees at the places under their purview ("tree management departments"). In October 2019, the Greening, Landscape and Tree Management Section of the Development Bureau established a dedicated Inspection Squad, tasked with randomly checking and auditing the tree inspection reports completed annually by the tree management departments, as well as proactively inspecting every year the trees located in areas with high pedestrian and vehicular traffic flows ("heavy traffic areas"), and taking follow-up actions on problematic trees. However, tree failure incidents still happen every now and then. For example, during the heavy rainstorms on the 1st and 28th of last month, a number of trees located beside pavements or carriageways collapsed, crushing and damaging a number of vehicles and causing traffic jams. Regarding tree management work, will the Government inform this Council:

(1) of the current number of trees maintained by the Government and located in heavy traffic areas and, set out, by tree management department, a breakdown of such figure and the manpower involved;

(2) of the following details of the tree inspection work undertaken by

each tree management department (i) in each of the past three years and (ii) since January this year: the respective numbers of (a) inspections conducted, (b) trees inspected, (c) problematic trees identified, and (d) trees with risks of failure removed;

(3) of the respective numbers of tree failure incidents which occurred

(i) in each of the past three years and (ii) since January this year in which (a) casualties, (b) serious traffic jams and (c) damages to vehicles/facilities were caused; whether it has assessed if the inspection work undertaken by the tree management departments


8569

has been satisfactory and sufficient, and whether such departments will step up inspection work;

(4) whether, in light of the recent tree failure incidents, it has reviewed

if the work performance of the Inspection Squad has been satisfactory, and whether it will consider increasing the manpower for conducting inspections and the frequency of inspections;

(5) of the number of cases of inadequacies in tree management work

identified during random checking and auditing of tree inspection reports and tree inspections, as well as what recommendations on improvement measures were made to the relevant departments, by the Inspection Squad since last year; and

(6) whether it will review the current guidelines for planting trees in

heavy traffic areas such as places beside pavements and carriageways (e.g. guidelines on species selection and the distance needed between a tree and a pavement/carriageway), so as to reduce the risks of tree failure; whether, in respect of those existing trees which are not in compliance with the relevant guidelines and may cause serious losses to lives and properties in case of tree failure, the Government will consider removing or carrying out strengthening works for such trees?

SECRETARY FOR DEVELOPMENT (in Chinese): President, the Government is committed to the proper management of tree assets to ensure healthy tree growth and with safeguarding public safety as the prime objective. In respect of the six-part question raised by Mr Tony TSE, the consolidated reply, upon consultation with relevant departments, is as follows:

(1) Trees on government land and within government facilities are managed by respective tree management departments through in-house teams or outsourced contracts or both. A total of approximate 1 million trees are located at high pedestrian flow and high traffic flow areas. The number of these trees maintained by the nine core tree management departments and their number of tree management personnel are as follows:


Core tree management department

Number of trees at locations of high pedestrian and

high traffic flow(1) (as at 31 December

2020)

Number of tree management personnel(2)

(as at 31 December 2020)

Agriculture, Fisheries and Conservation Department 32 500(3) 87(87)

Architectural Services Department 105 700 5(4)

Civil Engineering and Development Department 9 000 11(11)

Drainage Services Department 4 200 7(5)

Highways Department 308 700 53(51) Housing Department 89 100 63(55) Lands Department N/A(4) 41(7) Leisure and Cultural Services Department 390 000 263(263)

Water Supplies Department 4 700 16(2) Total 943 900 546 (485) Notes: (1) Rounded to the nearest 100. (2) Depending on departments' operational needs, some personnel are not only

responsible for tree management, but also undertake other duties such as landscape design and project supervision. The figures in brackets represent the number of tree management personnel with professional qualifications in arboriculture (including Certified Arborist, Certified Arborist Municipal Specialist and Tree Risk Assessment Qualification of the International Society of Arboriculture; Professional Tree Inspection by Lantra Awards; Technician of the Arboriculture Association, etc.).

(3) The Agriculture, Fisheries and Conservation Department manages all the

trees in country parks. The figures include only the number of trees in frequently used areas and facilities.

(4) The Lands Department is responsible for the non-routine maintenance of

trees on unallocated and unleased government land that are not maintained by any designated government departments. Due to their large number, trees on such land cannot be counted. The Lands Department will follow up referrals and complaints when they arise.


8571

(2) In the past three years, the number of tree inspections, number of trees inspected and number of trees with risks of failure removed after assessment by tree management departments according to the "Guidelines for Tree Risk Assessment and Management Arrangement" ("the Guidelines") promulgated by the Development Bureau ("DEVB") are set out below:

2018-2019(1) 2019-2020(1) 2020-2021(1)

Number of tree inspections 47 088 47 961 41 153 Number of trees inspected(2) 1 015 800 971 800 943 900 Number of trees with risk of failure removed(2) 10 900 7 800 5 600 Notes: (1) Departments are required to follow the Guidelines to conduct tree

inspection before the onset of wet season each year, and to conduct tree risk assessment and complete risk mitigation measures. Tree inspection includes tree group inspection and individual tree risk assessment.

(2) Rounded to the nearest 100.

(3) The number of tree failure reports and various incidents caused by

tree failure in the past three years and as at June of this year are set out below:

2018 2019 2020 2021 (as at June)

Number of individual tree failures(1)

276 244 358 114

Number of incidents caused by tree failure(2) Casualties(3) 20 23 16 4 Traffic obstruction 71 35 109 17 Damage to vehicles, properties or other facilities

87 81 137 49

Notes: (1) Excluding the number of tree failures after the issuance of Tropical

Cyclone Warning Signal No. 8 or above.


(2) An individual tree failure may result in more than one incidents. (3) There was one fatal tree failure incident in 2018. Other figures are tree

failure incidents resulting in injuries. Like other living organisms, trees will go through stages of a life

cycle, including growth, age, sickness and death. Numerous physiological and environmental factors may integrate together to give considerable variables that affect tree health and stability. Nevertheless, proper tree maintenance and systematic tree risk assessment are effective means to reduce the risk of tree failure and safeguard public safety. In the past three years, the number of fallen trees accounted for an average of about 0.03% (three ten-thousandths) of the total number of trees in locations of high pedestrian and vehicular traffic flow in Hong Kong. We will continue to work closely with departments to reduce the risk of tree failure.

(4) and (5) In 2020, the dedicated Inspection Squad under the Greening,

Landscape and Tree Management Section of DEVB randomly checked and audited 5% of the tree inspection reports completed by the tree management departments (involving 2 614 reports) in a systematic approach. The inspection mechanism has operated smoothly at large and has found that, following the requirements of the Guidelines, departments conducted tree risk assessment and implemented appropriate risk mitigation measures in a professional manner before the onset of the wet season, achieving the expected outcome of enhanced tree management and protecting public safety. Nonetheless, missing information in individual reports were occasionally detected by DEVB. Apart from requiring relevant departments to take follow-up actions, we also enhanced the Tree Management Common Platform for use by departments to facilitate their completion and submission of tree risk assessment reports through the cloud technology and the geographical information technology, with a view to improving the efficiency and quality of work. We will review the tree risk assessment, workload and manpower arrangement of the Inspection Squad as and when appropriate.


8573

Besides, to strengthen departments' tree inspection work, the Inspection Squad of DEVB has proactively inspected trees in 126 spots of high pedestrian and vehicular traffic flow covering 18 districts in 2020 in extra, and instructed departments to take follow-up actions on about 200 problematic trees, representing about 5% of all the inspected trees. In case a problematic tree is found, the Inspection Squad would immediately request the relevant tree management department to take follow-up actions, such as pruning, controlling pests and diseases, and removing withered branches or even the whole tree.

(6) Planting trees and vegetation along roadside can enhance the visual

environment, act as buffer between a carriageway and a footpath, and also help to filter and block exhaust emissions from vehicles. Planting trees adjacent to a footpath not only provides natural shade for pedestrians, it also regulates the roadside microclimate effectively. Roadside tree planting has also been adopted in other cities, such as Tokyo, Singapore and Shenzhen, as their standard road greening practices.

On the selection of tree species, the "Street Tree Selection Guide"

promulgated by DEVB introduces 80 tree species which have the qualities to adapt to urban street environment, such as tolerant to heat, drought, wind, pollution, waterlogging, etc., for reference by departments in their selection of tree species. Under the principle of "right tree, right place" advocated by DEVB, departments will holistically consider site conditions, space constraints and other factors including the microclimate of the planting site (such as strong winds, sun/shade conditions, etc.), as well as the characteristics, height, size, form and maintenance requirement of trees during the selection process.

GOVERNMENT BILLS First Reading and Second Reading of Government Bills First Reading of Government Bills DEPUTY PRESIDENT (in Cantonese): Government Bills: First Reading.


PERSONAL DATA (PRIVACY) (AMENDMENT) BILL 2021 FINANCIAL REPORTING COUNCIL (AMENDMENT) BILL 2021 CLERK (in Cantonese): Personal Data (Privacy) (Amendment) Bill 2021

Financial Reporting Council (Amendment) Bill 2021. Bills read the First time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure. Second Reading of Government Bills DEPUTY PRESIDENT (in Cantonese): Government Bills: Second Reading. PERSONAL DATA (PRIVACY) (AMENDMENT) BILL 2021 SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): Deputy President, I move the Second Reading of the Personal Data (Privacy) (Amendment) Bill 2021 ("the Bill"). The general public in Hong Kong and those who love Hong Kong were severely harassed by the "black-clad violence" under the political turmoil in 2019. Violence, apart from the visible physical one, also includes doxxing violence that weaponizes personal data. By disclosing the personal data of others, some shameless people intend to make people feel scared and disturbed, or to make intimidation so that people dare not stand up to them. Victims and their family members suffer from bullying and nuisance when their names, Hong Kong identity card numbers, telephone numbers, addresses, vehicle registration marks, or even the personal data of their family members are disclosed. Doxxers publish on the Internet the personal data of the subjects together with threatening or intimidating messages. For example, they upload the photographs and personal data of the parents and children concerned onto online platforms, and threaten to bring a gunnysack for taking the children home after school with an intent to threaten and intimidate the subjects. We also notice that some doxxers tend to egg others on taking action together with them when they publish the victims' personal data on the Internet. For example, some doxxers call on others to go to the victims' home to "comfort" them, making the victims worried that they themselves and their whole family may be in danger. Some even dare not


8575

go home. Such violent acts of doxxing have become more and more rampant and outrageous in the past few years. We will not condone such despicable acts in our civilized society. The Government and the Office of the Privacy Commissioner for Personal Data ("PCPD") are committed to combating doxxing acts. Between June 2019 and June 2021, PCPD handled a total of over 5 800 doxxing cases that intruded into personal data privacy. It has also proactively approached for 341 times concerned operators of 18 websites, online social media platforms or discussion forums, urging them to remove over 6 380 hyperlinks related to doxxing contents. Although we have gone all out to combat doxxing acts, no offence under the existing Personal Data (Privacy) Ordinance ("PDPO") is intended for addressing doxxing acts specifically, thus, challenges arise in investigation, enforcement and prosecution. In addition, PCPD's request for removing hyperlinks related to doxxing contents is not mandatory from the legal perspective, as a result, only about 70% of such links to doxxing contents have been removed upon PCPD's request. It is highly necessary for the Government to enact legislation to address doxxing acts as early as possible in a bid to safeguard the personal data privacy and the physical and psychological safety of the general public. Therefore, we consulted the Legislative Council Members on the Government's amendment direction on the Panel on Constitutional Affairs in May this year. After making reference to the law regulating doxxing acts in different countries, such as the Enhancing Online Safety Act 2015 in Australia, the Harmful Digital Communications Act 2015 in New Zealand and the Protection from Harassment Act in Singapore etc., and taking heed of Members' opinions on amending the legislation concerned, we submit the Bill to the Legislative Council today to address the despicable doxxing acts. The amendment mainly covers three areas: Firstly, we propose to introduce an offence targeting doxxing acts specifically under PDPO. The provision of the newly-introduced doxxing offence has changed from disclosing any personal data of a data subject without the data user's consent, to disclosing any personal data of a data subject without the data subject's consent. Meanwhile, the Bill has expanded the coverage of section 64(2) of PDPO to any immediate family member of the data subject, so as to address the harm brought to data subjects and their family by the doxxing contents, and in turn further reinforce the protection of personal data privacy. Meanwhile, we also accept Members' opinions on the actual difficulties in adducing evidence for "causing psychological harm", so we propose the


introduction of two-tier doxxing offences. The first tier offence involves the disclosure of the personal data of the data subject without his/her consent. If the discloser has an intent or is being reckless as to the causing of any specified harm to the data subject or any family member of the data subject by that disclosure, he/she is liable on summary conviction to a maximum fine at level 6 (i.e. HK$100,000) and to imprisonment for two years. The second tier offence is about causing specified harm to the data subject or his or her family member as a result of disclosure of personal data. It constitutes an offence together with the elements of the first tier offence, and the discloser is liable on conviction on indictment to a maximum fine of HK$1 million and to imprisonment for five years. The severity of the two-tier doxxing offences is determined by whether the disclosure causes any specified harm to the data subject or his/her immediate family member. This is not a rare practice and is not unique to this Bill. In other local laws, such as the Offences against the Person Ordinance, the severity of an assault is also determined by whether any actual bodily harm is caused. Regarding the definition of specified harm, we have made amendments by making reference to relevant overseas regulations and the coverage of the injunction order against doxxing issued by the court earlier. The specified harm proposed in the Bill refers to (i) harassment, molestation, pestering, threat or intimidation to the person, (ii) bodily harm or psychological harm to the person, (iii) harm causing the person reasonably to be concerned for the person's safety or well-being; or (iv) damage to the property of the person. Secondly, in order to enable the Privacy Commissioner for Personal Data ("the Commissioner") to have suitable enforcement capability against doxxing acts when handling such cases, the Bill empowers the Commissioner to carry out criminal investigation and initiate prosecution, including requesting relevant documents, information or things from any person to facilitate investigation, applying for a warrant for seizing electronic devices or entering and searching any premises for evidence, and executing the power to stop, search and arrest persons. Such arrangement will enable PCPD to follow up doxxing cases in a one-stop manner, thus expediting the investigation and prosecution against doxxing cases. The Bill also empowers the Commissioner to carry out criminal investigations. Such power is largely comparable to the criminal investigation power of the Police when handling such cases. Thirdly, the Bill empowers the Commissioner to serve a cessation notice so as to effectively avoid the further dissemination of doxing messages. When the Commissioner has reasonable grounds to believe that (i) the data subject is a


8577

Hong Kong resident or is present in Hong Kong, and there is a disclosure of personal data without the data subject's consent, (ii) the discloser has an intent or is being reckless as to the causing of any specified harm to the data subject or any family member of the data subject by that disclosure, he/she may ask the person who can take cessation action against such contents to cease or restrict the disclosure of suspected doxxing contents within a designated time frame. The purpose of serving the cessation notice is to expeditiously stop the further dissemination of personal data so as to minimize the harm to victims. We must stress that the cessation notice targets at doxxing messages but not any service providers, so it will not affect freedom of speech. Besides, by making reference to the practice of the Department of Justice, the Bill also empowers the Commissioner to apply to the court for injunctions to stop large-scale or repeated doxxing acts in society that target specific persons. Since the Bill was made public last week, there has been quite a lot of discussion among the general public. I am delighted to see society in general agrees that doxxing acts should not be condoned. Yet, regarding some unfair comments or even fabricated criticism, I would like to take this opportunity to make a reply and clarification. Recently, some overseas media took advantage of the Bill to make trouble out of nothing, claiming that some overseas network services platforms will cease to provide services in Hong Kong due to the enactment of this legislation. Although the Asia Internet Coalition ("AIC") has publicly clarified that its members have no intention to move out from Hong Kong, some overseas media keep hyping the rumours. The SAR Government, the Commissioner and AIC have been maintaining good communication with each other. It is understandable that some AIC members might have queries before the Bill was made public. We have explained to AIC in detail the purpose and content of the Bill, and have reiterated that the Bill targets persons and messages with malicious doxxing intent instead of any services providers. The cessation notice that requires the deletion of doxxing contents will only be served to those who can take action against such messages. If the Hong Kong-based staff of these corporations are only responsible for general marketing or administration work without the authority to take action against doxxing contents, they do not need to overly worry about the legal responsibility concerned. Another concern of the industry is the so-called shutdown of websites. The Commissioner has expressed clearly that based on the experience of the past two years, whenever doxxing messages were discovered, they would first ask the


network platform concerned to delete the doxxing contents. Should it be uncooperative, they would then consider contacting the network services provider to further ask for the deletion of part or the whole website. It was a rare situation based on the experience of the past two years. Information portals that were found to have doxxing contents were usually very cooperative and were willing to delete such contents. In order to offer doxxed victims complete protection, the Bill needs to cover such authority so that it can be a way to remove doxxing contents when necessary. I must stress here that even if we shut down websites, it only refers to the shutting down of individual website that contains doxxing contents rather than the information flow on the Internet. Regarding the media's concern over the Bill's impact on freedom of the press, or whether journalists might breach the law inadvertently while reporting, we have repeatedly stressed that the Bill has struck a balance between protecting privacy and safeguarding freedom of speech. People's basic rights and freedom granted by the Basic Law and the Hong Kong Bill of Rights Ordinance, including freedom of speech, information flow and legal news activities, will not be affected at all. Section 64 of PDPO has listed the defence that can be invoked, including crime prevention and detection and news activity. Such defence remains unchanged in the current amendment. Legal news activities in public interests are still protected by the defence clause under section 64 of PDPO. Some practitioners in the media industry also requested that the media should be granted absolute exemption. This is not possible. Granting the media absolute exemption is equal to letting newspapers or other media publicize the personal data of any person wilfully, and such acts will not be bound by law no matter the publication purpose or the data concerned is in public interest. In our opinion, this is not a reasonable balance between freedom of speech and the protection of privacy. Neither is it in public interest, nor does it comply with the principles laid down by the court in relation to press freedom and legal news activities. In fact, there were cases in which certain media organizations were found guilty due to their inappropriate disclosure of someone's personal data, showing that adopting a more balanced approach is essential at present. Last but not the least, some doubted that the Bill represents the unlimited expansion of public power. Let me ask in return, if the personal data of the general public or even their family and children are disclosed, leaving them in constant fear and children on tenterhooks when going to school, has the so-called "freedom" that infringe others' privacy or even causes them material harm exceeded the limit of social morality? Does it need to be constrained properly?


8579

Do people have to bear the suppression and bullying of doxxing violence just because their political stance is different from yours? If the Government turns a deaf ear to such situation by simply letting people's legitimate rights and interests be trampled upon indefinitely, does it live up to people's expectations? What is the use of our public power granted by society then? At the end of the day, it is obvious to all that our incapability to curb doxxing acts effectively is all attributable to the inadequacy of the current legislation, and we need to rectify the problem as soon as possible so as to address people's pressing needs. Our proposal to empower the Commissioner greater power is well thought out in a bid to better protect the privacy of the general public, and proper constraints have been placed on the Commissioner's exercise of power. The content of the Bill, including the definition of the offences and the authority vested in the Commissioner, is not something new in the international community actually, for we have drawn up some provisions after making reference to the practice of other countries. Take the power to remove harmful information mandatorily as an example, Australia and New Zealand also have similar mechanism. I think many of us are also the victims of the undesirable trend of doxxing. Should we not try to curb such trend, the whole community will become its victim eventually, leaving all of us unprotected and in constant fear every day. Therefore, we must protect society by enacting legislation to give the same level of protection to each citizen regardless of age, gender, race, background and social strata, so as to curb doxxing acts and build a harmonious society. Deputy President, I implore Members to support the Bill in a bid to combat doxxing acts and protect personal data privacy. The Government will give its full cooperation in the scrutiny work of the Legislative Council to strive for the early passage of the Bill. I so submit. Thank you, Deputy President. DEPUTY PRESIDENT (in Cantonese): I now propose the question to you and that is: That the Personal Data (Privacy) (Amendment) Bill 2021 be read the Second time. In accordance with the Rules of Procedure, the Second Reading debate is adjourned and the Bill is referred to the House Committee.


FINANCIAL REPORTING COUNCIL (AMENDMENT) BILL 2021 SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): Deputy President, I move the Second Reading of the Financial Reporting Council (Amendment) Bill 2021 ("the Bill"). The Bill aims to further enhance the existing regulatory regime of the accounting profession to reinforce the Financial Reporting Council ("FRC")'s status as an independent regulatory and oversight body. The current legislation exercise is to carry on with the Government's reform on the regulatory regime of auditors which was commenced a few years ago. Back then, FRC, an independent regulator, was vested with the power of inspection, investigation and discipline concerning auditors of Public Interest Entities ("PIE"). It was also empowered to have an oversight on the work of the Hong Kong Institute of Certified Public Accountants ("HKICPA") concerning PIE auditors. This regulatory regime took effect on 1 October 2019. As the Government mentioned when the reform was launched in 2019, a step-by-step approach would be taken to achieve regulatory reform so as to enhance the independence of accounting profession regulation. A number of overseas countries have already given expanded power to their respective independent regulators which oversee the accounting profession to ensure that professional accounting services are duly regulated. Given the effectiveness of FRC's regulation, we believe that it is favourable for us to further empower FRC to regulate the accounting profession in a full-fledged and independent manner, in a bid to reinforce Hong Kong's status as an international financial centre and business hub. We have kept in contact with the industry since the existing regime was launched in 2019. Some individual practice units and certified public accountants ("CPA") expressed that they are subject to inspections by both FRC and HKICPA on their PIE engagements and other engagements, leading to inefficient use of resources and unnecessary compliance burden. In fact, exercising power of similar nature by two institutions may easily result in a fragmented approach in regulation. The further reform we currently propose can


8581

straighten out the situation I just mentioned, and can make the regulatory regime more consistent and effective. According to the Bill, the current reform involves the transfer of certain regulatory power from HKICPA to FRC, including the issue of CPA practising certificates; the registration of practice units and local PIE auditors; the inspection, investigation and discipline over practice units; and the investigation and discipline over CPAs. After the reform, HKICPA will remain a statutory accounting professional body which is responsible for functions related to the development of accounting profession of over 40 000 CPAs, including administering CPA professional registration, examinations and training; entering into mutual or reciprocal recognition agreements with accountancy bodies of other jurisdictions; setting continuing professional development requirements for accounting profession; and specifying standards on professional ethics, as well as accounting, auditing and assurance. All these functions will be overseen by FRC. Deputy President, we have undertaken extensive engagement with stakeholders recently, including FRC, HKICPA, major accounting bodies, accounting professionals and some trade groups who are users of professional accounting services. They are generally supportive of the direction of the proposed reform, and consider that the reform will enhance the independence of regulation and the protection of the interests of users of professional accounting services. Some stakeholders are concerned about how the regulatees to be newly handled by FRC, including small and medium practices units and non-practising CPAs which do not work on PIE engagements, will adapt to FRC's approach of regulation. We have explained to them that a proportionality approach will be adopted when FRC exercises its proposed new regulatory functions. FRC will apply a higher level of regulatory control to PIE auditors where significant interests of public investors are involved. For other auditors and CPAs, the regulatory requirements and the consequences of non-compliance applicable to them under FRC's regulation will remain comparable to those currently provided in the Professional Accountants Ordinance. Moreover, an advisory committee


consisting of practitioners of different areas in the accounting profession will be established under the reformed regime to provide advice to FRC on its regulatory work. Given the scale of the current reform, the Bill will first deal with the reform framework, i.e. the above mentioned transfer of regulatory power, whereas the transitional arrangements of power transfer and the consequential amendments to other enactments will be made by way of subsidiary legislation after the enactment of the Bill. We will discuss and explain the implementation details of the new regime to various stakeholders during the process. The new regime will come into effect once all the preparation work is ready. The seed capital injected into FRC by the Government in 2019 will be used to fund its new functions in the initial years of this further reform, and the fees for registration and practising certificates related to its new functions will be suspended temporarily. After due consideration of FRC's demand for operation resources, the fee levels will be determined under the principle of not adding to the burden of the industry. Such reform will not affect FRC's levy arrangement set in 2019 and commenced in 2022. Deputy President, an effective regulatory regime of the accounting profession is crucial for the business community and is essential for maintaining Hong Kong's status as an international financial centre and business hub. We hope that the Legislative Council can pass the Bill as soon as possible so as to further improve the accounting profession regulatory regime. I so submit. Thank you, Deputy President. DEPUTY PRESIDENT (in Cantonese): I now propose the question to you and that is: That the Financial Reporting Council (Amendment) Bill 2021 be read the Second time. In accordance with the Rules of Procedure, the Second Reading debate is adjourned and the Bill is referred to the House Committee.


8583

GOVERNMENT MOTIONS DEPUTY PRESIDENT (in Cantonese): Government motions. The Secretary for Financial Services and the Treasury will move two proposed resolutions under the Loans Ordinance: First motion: To approve the raising of the maximum amount of borrowings under the Government Bond Programme; and Second motion: To approve the raising of the maximum amount of borrowings under the Government Green Bond Programme. Members have been informed that as the two motions both seek to raise the maximum amount of borrowings under the two bond programmes with a view to promoting the sustainable development of the local bond market, and were scrutinized by the same subcommittee, this Council will proceed to a joint debate on the two motions. Upon the conclusion of the debate, this Council will put to vote the two motions one by one. The joint debate now begins. Members who wish to speak please press the "Request to speak" button. I now call upon the Secretary to speak on the two motions and move the first motion. PROPOSED RESOLUTION UNDER THE LOANS ORDINANCE SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): Deputy President, I hereby move the first motion on the Agenda pursuant to section 3 of the Loans Ordinance. Later, I will move the second motion. The first Resolution seeks approval for the Government to borrow a maximum amount of HK$300 billion or equivalent that may be outstanding by way of principal under the Government Bond Programme ("GBP"). The second Resolution seeks approval for the Government to borrow, for the purposes of the


Capital Works Reserve Fund ("CWRF"), a maximum amount of HK$200 billion or equivalent that may be outstanding by way of principal under the Government Green Bond Programme ("GGBP"). For the first motion, since its establishment in 2009, GBP has significantly promoted the development of the local bond market through systematic issuances of institutional and retail bonds. As at end 2020, the outstanding Hong Kong dollar debt securities reached HK$2,278 billion. We expect that sums borrowed under the Bond Fund will be close to its borrowing limit by end 2022. The Financial Secretary proposed in the 2021-2022 Budget to raise the borrowing limit of GBP to HK$300 billion. Raising the maximum amount of borrowings under the GBP will allow the programme to operate in a sustainable manner, catering for the increasing demand of local and international investors for high quality public debt papers. This will be conducive to promoting the sustainable development of the local bond market as a financial intermediation channel to complement the banking sector and the equity market, thereby strengthening the competitiveness of Hong Kong as an international financial centre and asset management centre. Through the issuance of the inflation-linked retail bond and Silver Bond under its retail part, GBP has also fostered the development of Hong Kong's retail bond market and provided citizens with an investment choice of steady return. For the second motion, the Chief Executive announced in the 2020 Policy Address that Hong Kong will strive to achieve carbon neutrality before 2050. The Financial Secretary also announced in the Budget that the Government plans to issue green bonds regularly and expand the scale of the GGBP by doubling the borrowing ceiling of GGBP from HK$100 billion to HK$200 billion to allow for further issuance of green bonds totalling HK$175.5 billion within the next five years, having regard to the market situation. This will provide more room for piloting the issuance of green bonds that involves more types of currencies, project types, issuance format and channels, thereby further enriching the green and sustainable finance ecosystem in Hong Kong. Since its establishment in 2018, GGBP has been serving its objective of promoting the development of green finance in Hong Kong. It has helped raise Hong Kong's profile and establish market benchmark, enriched the green and


8585

sustainable finance ecosystem and provided funding for green public works projects, conducive to consolidating Hong Kong's position as a green and sustainable finance hub in the region. We have successfully issued a total of US$3.5 billion of green bonds under GGBP which were well received by global institutional investors. In light of the total outstanding amount of US$3.5 billion green bonds and the expanded issuance plan I have just mentioned, the total sum borrowed under GGBP is projected to reach the ceiling of HK$100 billion around 2023. As such, we propose to raise the borrowing limit to HK$200 billion at the earliest possible time so that the Government will have enough flexibility to continue with regular green bond issuances to promote market development, and to signal our continuous commitment to promote sustainable development and combat climate change. Moreover, we propose to expand the scope of GGBP so that the green bond proceeds can be used to fund more green projects under CWRF, covering minor works projects, major systems and equipment and capital subventions. We expect that such expansion of scope will be welcomed by the market and investors. We have also considered potential projects in the pipeline under CWRF of which the total funding need far exceeds the current borrowing limit of HK$100 billion. We briefed the Panel on Financial Affairs of this Council on 9 April on the two proposals above and gauged views from Members at the Subcommittee meeting on 21 June. Members supported the proposals in general and put forward a number of valuable suggestions, including to issue more retail bonds and bonds in different currencies, allow securities brokers more participation in bond issuances and enhance promotion to the public of the environmental benefits of the funded green projects, etc. The proposed expansion of the scale of the two bond programmes will provide the Government with more flexibility on the issuance arrangements in future, thereby promoting the sustainable development of the bond market, green finance and the related industries in Hong Kong. I invite Members to support the passage of these two Resolutions. Thank you, Deputy President.


The Secretary for Financial Services and the Treasury moved the following motion:

"RESOLVED that―

(a) the Government be approved to borrow from any person from time to time for the purposes of the Bond Fund established by the Resolution passed on 8 July 2009 (Cap. 2 sub. leg. S) sums not exceeding in total $300 billion or equivalent, being the maximum amount of all sums borrowed under this paragraph that may be outstanding by way of principal at any time;

(b) sums borrowed under paragraph (a) are to be credited to the

Bond Fund; and

(c) the Resolution is to replace the Resolution passed on 22 May 2013 (Cap. 61 sub. leg. E)."

DEPUTY PRESIDENT (in Cantonese): I now propose the question to you and that is: That the first motion moved by the Secretary for Financial Services and the Treasury be passed. Mr Holden CHOW, please speak. MR HOLDEN CHOW (in Cantonese): Deputy President, in my capacity as Chairman of the Subcommittee on Two Proposed Resolutions under Section 3(1) of the Loans Ordinance ("the Subcommittee"), I would like to report on the highlights of the work of the Subcommittee. The two proposed resolutions aim to seek the Legislative Council's approval for raising the maximum amount of borrowings under the Government Bond Programme ("GBP") and the Government Green Bond Programme ("GGBP") to HK$300 billion (or equivalent) and HK$200 billion (or equivalent) respectively.


8587

The Subcommittee has held one meeting with the Administration to examine the two proposed resolutions. Some members are of the view that under the current extremely low interest rate environment, the Administration could further raise the maximum amount of borrowings under GBP to facilitate issuance of more government bonds while exploring in the meantime the possibility of raising funds to finance major infrastructure projects by means of issuing government bonds. The Administration has explained that all proceeds raised under GBP will be credited to the Bond Fund to cater for interest payments, principal repayments and costs associated with bond issuances. The Bond Fund does not form part of the fiscal reserves and is managed separately from other Government accounts. The Administration will continue to monitor future development of GBP and examine the need for raising the borrowing ceiling further when necessary. Proceeds from issuances under GGBP, on the other hand, will be used for financing green projects, including infrastructure projects under the Capital Works Reserve Fund ("CWRF"). Noting that the various tranches of iBond and Silver Bond issued in recent years were well received by the public, the Subcommittee invites the Administration to consider setting a proportion on the retail bonds to be issued under GBP so as to meet the demand of retail investors. According to the Administration, no ratio has been set on the distribution of institutional bonds and retail bonds under GBP all along. Instead, the Administration has been formulating the respective issuance sizes and terms of the two elements in accordance with market conditions, including the prevailing market environment, the supply and demand situations, interest rate and inflation, etc. As regards the environmental benefits of green projects funded under GGBP, some members have enquired about the mechanism for providing funding for government green projects and the role of the Legislative Council in the mechanism, and how the public would be informed of the environmental benefits brought about by the green projects financed under GGBP.


The Administration has advised that currently, all public works projects included under CWRF have already been approved by the Finance Committee of the Legislative Council. If such approved projects fall under one or more of the eight eligible categories set out in the Green Bond Framework drawn up by the authorities in line with international best practice, they can be funded by the proceeds raised under GGBP following the review and approval by the Steering Committee on GGBP. The inaugural GGB issued in 2019 has financed seven public works projects with significant environmental benefits. Besides, the Green Bond Report is compiled every year by the Government, giving an account of the environmental benefits brought about by those financed projects. Some members have called on the Administration to implement a lot more other measures to promote the growth of Hong Kong's bond market, such as encouraging securitization of bonds and expanding the investor base of bonds. The Administration has stressed that it attaches great importance to promoting the development of Hong Kong's bond market. The Government further plans to issue retail green bonds and lower the eligible age for subscribing Silver Bond to 60 in 2021-2022. The Financial Secretary will also lead a steering group to consider various initiatives to support the development of the bond market, including enhancement of market infrastructure and means to promote securitization of bonds. Deputy President, my personal views on the two proposed resolutions are as follows. To put it in a nutshell, members basically support these two proposed resolutions of raising the maximum amounts of borrowings under the Government's bonds programmes. More importantly, as Members have noticed in particular, retail government bonds (e.g. iBond) have gained much popularity in recent year, and I thus hope that the Government would set aside an adequate portion for subscription by retail investors as well as members of the public so that they can also take part. This is the first point. In addition, concerning green bonds, I consider that relevant publicity work should be stepped up to enhance the public's understanding of the benefits brought about by the financed green projects, regardless that such benefits will be


8589

made public in the Green Bond Report every year according to the Administration. I so submit. MR CHAN CHUN-YING (in Cantonese): Deputy President, I support the two proposed resolutions which concern raising the maximum amount of borrowings under the Government Bond Programme from HK$200 billion to HK$300 billion, and the borrowing ceiling of the Government Green Bond Programme from HK$100 billion to HK$200 billion. The proceeds thus raised can be used to finance a wider variety of green projects under the Capital Works Reserve Fund. Deputy President, Hong Kong's bond market has been developing quite slowly compared with its stock market counterpart which holds a global leading position. On the one hand, due to the Hong Kong-United States dollar peg, issuers of United States dollar-denominated bonds tend to prefer the well-developed bond market of the United States. On the other hand, with a sound financial status, the Hong Kong Government barely needs to issue bonds for financial reasons, thus limiting the size of the local bond market. In order to promote the development of the local bond market, the SAR Government has begun to issue government bonds since 2009, providing the local bond market with liquidity support and pricing reference while meeting the demand for hedging. This has, in turn, prompted the bond market to show significant development progress. Today, Hong Kong just ranks after the Mainland and Korea as the third largest bond issuance location in Asia (excluding Japan) in terms of the issuance size of local currency-denominated bonds. (THE PRESIDENT resumed the Chair) Despite the low proportion of government bonds in the bond market at present, the Government has doubtlessly contributed a lot to broadening the depth and breadth of Hong Kong's bond market by actively guiding its development. To seize the opportunities arising from the development of the new economy and the mutual market access with the Mainland, the Government has also kept


encouraging a diversified development of the bond market and introduced a series of support measures in recent years. The issuance of retail bonds is an important initiative for promoting a diversified development of the local bond market. The iBond and Silver Bond issued by the Government have all along been highly popular among members of the public, and received oversubscription at each issuance, as they are investment options that can offer capital protection and stable returns for the public. The increase in the borrowing ceiling of the Government Bond Programme will allow the Government greater flexibility in expanding the scale of the Programme by introducing favourable measures such as the recent arrangement of lowering the eligible age for the Silver Bond subscription from 65 to 60. As for expanding the issuance scale of green bonds, green bonds actually have the social attribute of promoting environmental protection in addition to financial attributes. In contrast to ordinary bonds, green bonds are subject to some special requirements such as external review and proceeds tracking. For this reason, there is greater need for the Government to provide the market with more information and enhance issuance transparency. Although the outstanding green bonds currently account for as low as less than 1% of the overall bond market, they have huge potential for growth. The development of the green bond market by the Government will greatly benefit Hong Kong's financial market. First, through the issuance of green bonds of different tenors, a government yield curve can be constructed, thus setting a benchmark for the corporate bond market. Second, developing the green bond market will also help Hong Kong to establish itself as a regional green and sustainable finance hub. As the Secretary mentioned just now, with the borrowing ceiling of the Government Green Bond Programme being doubled, the Government will then be able to issue green bonds totalling HK$175.5 billion within the next five years, thereby allowing Hong Kong to have more room for piloting the issuance of green bonds that involves more types of currencies, project types, and issuance channels. President, in 2019, the Government published the Green Bond Framework ("Framework") which set out how the green bond proceeds would be used to improve the environment and facilitate the transition to a low carbon economy.


8591

Also, it stated that the Framework would be updated as appropriate in light of the latest international standards and principles, the latest environmental policies and targets of Hong Kong. Meanwhile, it has been announced in the Budget that there will be a three-year Green and Sustainable Finance Grant Scheme to provide subsidy for eligible bond issuers and loan borrowers to cover their expenses on bond issuance and the costs for external review services. While I hope that the Government will take practical steps to implement the aforementioned measures, it seems to me that there is still room for the Government to put in place additional measures when compared with other countries. It should keep studying the experience of the United Kingdom and European countries such as Germany, and consider further promoting green bond development by rolling out more concessionary measures such as provision of tax concessions to enterprises issuing green bonds and exemption of tax on funds investing in green finance products. President, I so submit. MR CHRISTOPHER CHEUNG (in Cantonese): President, the Financial Secretary has announced numerous bond issuance plans in the 2021-2022 Budget. According to the Administration, the Bond Fund is projected to reach HK$191.5 billion, near its borrowing limit by end 2022, and the total outstanding amount of Government Green Bonds is projected to reach the current borrowing ceiling around 2023. In the light of this, the Financial Secretary proposed to raise the borrowing limits for the Government Bond Programme ("GBP") and the Government Green Bond Programme ("GGBP") by $100 billion to facilitate sustainable development of the local bond market, and I therefore fully support the passage of the proposed resolutions. Yet, raising the borrowing ceilings of GBP and GGBP alone may only be considered one of the elements that can help boost the development of the bond market. Actually, it is imperative that the Government redoubles its efforts on various fronts in the future to make Hong Kong stand out from the crowd in the global bond market. President, Hong Kong has secured a pivotal role as an international financial centre in the region with the support of a number of financial policies promulgated by the country in recent years. In addition to a buoyant stock


market, its bond market is evidently becoming more active. As shown in the study report on Asian international bond market released by the International Capital Market Association last year, Hong Kong is the largest Asian centre for arranging international bond issuance, capturing 34% of Asian international bonds in 2020. Furthermore, Hong Kong is also well ahead of other international financial centres in terms of arranging first-time bond issues. The figure tells us that the development of our bond market has seemingly made good progress in recent years, while other figures show that the Government is continuing to work hard in promoting the development of local retail bond market. Simply put, in Hong Kong, bonds are traded in the secondary market on exchanges or through over-the-counter markets, but the Government is getting nowhere with its efforts in promoting bond trading on exchanges to facilitate participation by more retail investors and has clearly fallen behind Singapore, our rival in the region. In 2019, the total value of Hong Kong dollar bonds transacted in secondary markets in Hong Kong amounted to nearly HK$3,900 billion, whereas the total value of bonds traded on the Hong Kong Exchange and Clearing ("HKEx") during the same period amounted to only 2% (i.e. about HK$60.7 billion). Currently, unlisted bonds issued in Hong Kong also exceed those listed on HKEx by a large margin. Conversely, Singapore, our arch-rival, had 4 523 bonds listed on the Singapore Exchange ("SGX") as of 30 June 2020, making it the fifth ranking exchange in Asia in terms of number of bonds listed, and Hong Kong is nowhere near. On the other hand, it does not mean that retail investors can take part in the trading of a bond even if it is listed on HKEx. Of the 1 574 bonds listed on HKEx as at end December 2020, only 64 are open to retail investors, comprising pre-dominantly Hong Kong Monetary Authority's Exchange Fund Notes, bonds issued under the Hong Kong GBP, and bonds issued by China's Ministry of Finance. Given the structural homogeneity of these products, the bond market has been monopolized by a handful of big dealers, banks and significant investors as a tool to generate profits over the years, whereas ordinary investors and the general public have never benefited from it. Hence, the sectors that we represent have repeatedly advised the Government to take forward securitization of the bond market under controlled


8593

risks. I hope that the Government can put more effort into this and also hope that the Securities and Futures Commission will work to remove some existing obstacles to enlarge the scale of securitization of the local bond market. In Hong Kong, there is still not any "green-labelled asset-backed securities" listed on HKEx to date. On the contrary, the development of the Mainland market in respect of this is rather mature, which has long become a new point of growth of the Mainland green bond market. Regarding this, I hope that in future, the Government will be able to … (The buzzer sounded) PRESIDENT (in Cantonese): Mr Christopher CHEUNG, please stop speaking. MS STARRY LEE (in Cantonese): President, just now, a number of Members already mentioned the reasons for the Government to propose these two resolutions. Given the time limit, I am not going to repeat them. To scrutinize these two resolutions, a subcommittee has been formed, and Members from the Democratic Alliance for the Betterment of Hong Kong ("DAB"), Mr Holden CHOW―chairman of the subcommittee―Mr CHAN Hak-kan, and I, are among its membership. Through the subcommittee, we asked the Government to put effort into addressing a few special points of concern. First, the amount of bonds to be issued by the Government should be sufficient for subscription by individual investors. Second, the Government should actually do more publicity for the public works projects financed through green bonds, so that their contribution to environmental protection will be better known to the public. Third, in the long run, the Government should consider financing infrastructure projects with long-term economic benefits through issuance of bonds. All these are the points raised by us in the subcommittee. President, this year's Budget has proposed increasing the issuance size of the Silver Bond while lowering the eligible age for subscription from 65 to 60 amid the current super-low interest rate environment. DAB welcomes this initiative as we think that it comes at the right time and provides the elderly with an additional investment option which can yield stable returns at present when low interest rates prevail.


Actually, since the issuance of the first batch of HK$3 billion of Silver Bond by the SAR Government in year 2016-2017, the issuance size of Silver Bond has continued to increase. The target issuance size of this sixth batch of Silver Bond has been raised to HK$24 billion with a possible discretionary increase to HK$30 billion at the maximum. This arrangement reflects the overwhelming response of the public to the subscription. As a matter of fact, it was the first time that the number of subscribers to the Silver Bond exceeded 100 000 last year, and the question of how many subscribers there will be this time round―today when we just … when we are discussing the proposed resolutions, it is the very time when this batch of Silver Bond is open for subscription―has become a hot topic in the community. It is estimated that there may be another record-breaking number of subscriptions. To the elderly, Silver Bond can be described as their version of iBond. Compared with the interest rate of 2% paid by iBond, this batch of Silver Bond offers a higher interest rate of 3.5%, rendering it a stable return investment option which is desirable for the elderly, especially in the present low interest rate environment. President, Hong Kong's population ageing, coupled with the very low interest rates caused by global quantitative easing, has actually led to an enormous demand for investment instruments which can offer stable returns, particularly among conservative investors and the elderly. In view of this, I have urged the Government to keep introducing such measures as the Silver Bond, the iBond, the Life Annuity Scheme, and the Reverse Mortgage Programme, to allow the elderly and those in need to have more suitable options and be able to plan for their retirement earlier. Moreover, in order to enable people to enjoy a more stable retirement life, DAB has also proposed reforming the Mandatory Provident Fund ("MPF") system in a continuous manner before. The default investment strategy ("DIS") launched by the Government earlier allows an automatic reduction of investment risks for MPF scheme contributors approaching retirement age and sets a ceiling for the management fees. This doubtlessly represents an improvement to the MPF system, but still, there is the shortcoming that the management of MPF schemes remain in the hands of MPF trustees. In light of this, DAB has put forward a proposal, urging the Government to consider allowing wage earners the right to choose a DIS constituent fund operated by the Hong Kong Monetary Authority ("HKMA") as a public trustee. I consider this absolutely advantageous to wage earners as they will then be provided with one more option which can offer stable investment


8595

returns comparable to that of the Exchange Fund. As the data show, the Exchange Fund has recorded returns of 3% to 4.5% in recent years. I think it will definitely be a good government policy if the public can be provided with a default investment option which is linked to the Exchange Fund returns and managed by HKMA. Certainly, HKMA should not charge any handling fee for the management of MPF schemes, and I think this will serve as a kind of pressure on the MPF operators in the private sector. On account of this, I hope that the Secretary and the Bureau will continue to consider using the existing government resources to create more investment options with stable returns in consultation with HKMA, so that those in need of such options can have more choices in the current super-low interest rate environment caused by quantitative easing. President, I so submit. 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 Financial Services and the Treasury to reply. Then, the debate will come to a close. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): President, first of all, I would like to thank Mr (Holden) CHOW, Mr CHAN (Chun-ying), Mr (Christopher) CHEUNG and Ms (Starry) LEE for their valuable views expressed just now, some of which are forward-looking, including issuing more retail bonds, boosting dealers' participation in bond issuance, and explaining more to the general public the environmental benefits of subsidized green projects. For these reasons, as I said earlier, the Financial Secretary has announced in the 2021-2022 Budget that a steering group will be formed to formulate a roadmap for promoting the diversified development of Hong Kong's bond market. The brilliant ideas raised by Members just now can serve as useful reference for the steering group in its future work. As I mentioned in my previous speech, the proposed expansion of the scale of the two bond programmes will provide the Government with more flexibility


on the issuance arrangements in future, thereby promoting the sustainable development of the bond market, green finance and the related industries in Hong Kong. I hope that Members will support the motions so that the current development of the bond market can take a step forward. Thank you, President. PRESIDENT (in Cantonese): This Council now first votes on the first motion moved by the Secretary for Financial Services and the Treasury. PRESIDENT (in Cantonese): I now put the question to you and that is: That the first 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 the Members present. I declare the motion passed. PRESIDENT (in Cantonese): Secretary, you may move your second motion. PROPOSED RESOLUTION UNDER THE LOANS ORDINANCE SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): President, I move that my second motion, as printed on the Agenda, be passed.


8597

The Secretary for Financial Services and the Treasury moved the following motion:

"RESOLVED that―

(a) the Government be approved to borrow from any person from time to time for the purposes of the Capital Works Reserve Fund established by the Resolution passed on 20 January 1982 (Cap. 2 sub. leg. A) sums not exceeding in total $200 billion or equivalent, being the maximum amount of all sums borrowed under this paragraph that may be outstanding by way of principal at any time;

(b) sums borrowed under paragraph (a) are to be credited to the

Capital Works Reserve Fund; and (c) this Resolution is to replace the Resolution passed on

15 November 2018 (Cap. 61 sub. leg. F)." PRESIDENT (in Cantonese): I now propose the question to you and that is: That the second motion moved by the Secretary for Financial Services and the Treasury be passed. PRESIDENT (in Cantonese): I now put the question to you as stated. 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 the Members present. I declare the motion passed.


MEMBERS' MOTIONS ON SUBSIDIARY LEGISLATION PRESIDENT (in Cantonese): Members' motions on subsidiary legislation. Two proposed resolutions under the Interpretation and General Clauses Ordinance in relation to the extension of the period for amending subsidiary legislation. First motion: To extend the period for amending the Financial Institutions (Resolution) (Contractual Recognition of Suspension of Termination Rights―Banking Sector) Rules, which was laid on the Table of this Council on 7 July 2021. I now call upon Mr Holden CHOW to move the motion. PROPOSED RESOLUTION TO EXTEND THE PERIOD FOR AMENDING SUBSIDIARY LEGISLATION (L.N. 106 OF 2021) MR HOLDEN CHOW (in Cantonese): President, I move that the motion, as printed on the Agenda, be passed. Mr Holden CHOW moved the following motion:

"RESOLVED that in relation to the Financial Institutions (Resolution) (Contractual Recognition of Suspension of Termination Rights―Banking Sector) Rules, published in the Gazette as Legal Notice No. 106 of 2021, and laid on the table of the Legislative Council on 7 July 2021, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 25 August 2021."

PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Mr Holden CHOW be passed.


8599

PRESIDENT (in Cantonese): I now put the question to you as stated. 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 each of the two groups of Members present, that is, those returned by functional constituencies and those returned by geographical constituencies through direct elections. I declare the motion passed. PRESIDENT (in Cantonese): Second motion: To extend the period for amending the Peak Tramway (Safety) (Amendment) Regulation 2018 (Commencement) Notice, which was laid on the Table of this Council on 14 July 2021. I now call upon Ms Starry LEE to move the motion. PROPOSED RESOLUTION TO EXTEND THE PERIOD FOR AMENDING SUBSIDIARY LEGISLATION (L.N. 110 OF 2021) MS STARRY LEE (in Cantonese): President, I move that the motion, as printed on the Agenda, be passed. Ms Starry LEE moved the following motion:

"RESOLVED that in relation to the Peak Tramway (Safety) (Amendment) Regulation 2018 (Commencement) Notice, published in the Gazette as Legal Notice No. 110 of 2021, and laid on the table of the Legislative Council on 14 July 2021, the period for amending


subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 1 September 2021."

PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Ms Starry LEE be passed. PRESIDENT (in Cantonese): I now put the question to you as stated. 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 each of the two groups of Members present, that is, those returned by functional constituencies and those returned by geographical constituencies through direct elections. I declare the motion passed. MEMBERS' OTHER MOTIONS PRESIDENT (in Cantonese): Member's motion with no legislative effect. Ms Elizabeth QUAT will move a motion on "Enacting legislation to combat false information on the Internet". Two Members will move amendments to the motion. This Council will proceed to a joint debate on the motion and the amendments.


8601

Later, I will first call upon Ms Elizabeth QUAT to speak and move the motion. Then I will call upon Mr KWOK Wai-keung and Mr Tommy CHEUNG to speak in sequence, but they may not move their 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 Ms Elizabeth QUAT to speak and move the motion. MOTION ON "ENACTING LEGISLATION TO COMBAT FALSE INFORMATION ON THE INTERNET" MS ELIZABETH QUAT (in Cantonese): President, I move that the motion, as printed on the Agenda, be passed. President, Hong Kong has been affected and harmed by false information on the Internet over the years. As we have seen, a lot of people and organizations opposing the Central Authorities and stirring up disorder in Hong Kong have been smearing China and the Hong Kong Government by manipulating false information to instil fear among the people, thereby inciting the public's opposition to China and our Government while creating social dissension which eventually led to the constant emergence of various problems. (THE PRESIDENT'S DEPUTY, MS STARRY LEE, took the Chair) For example, being awash in false information during the occurrence of the "black clad violence" incidents in 2019, our city was in an outright disastrous situation, where such information was found everywhere since textual propaganda was rife back then, serving as an essential means of inciting hatred against the Police, inducing anti-government sentiment as well as creating social dissension. That included the fabrication of such stories as sexual assaults against some protesters at San Uk Ling Holding Centre, the killing of a number of people at the MTR station on 31 August, discovery of corpses buried in Sandy Ridge Cemetery, and "the girl with a ruptured eyeball". We believe that many members of the public may have possibly committed illegal acts under the influence of such false information.


What is more, a "lone wolf" attack was even launched on a police officer on 1 July this year, in which a large amount of flyers related to "black-clad violence" were found at the suspect's home by the Police. We do not rule out the possibility that the suspect has been "brainwashed" to believe in the false information and thus attacked the police officer out of hatred. It can be imagined accordingly that such false information has already entrenched itself in our daily life, affecting not only social tranquility but also the local anti-epidemic work: since the outbreak of COVID-19 in 2019 up to now, when the Government called on the public to undergo testing, some people spread the rumour of delivery of DNA to China; the subsequent introduction of the LeaveHomeSafe Mobile App to trace confirmed cases and their close contacts was also alleged to be a move to monitor and track people's whereabouts; and when the Government encouraged the public to get vaccinated, some individuals and organizations came forward to proclaim some misleading or untrue statements, thus causing many people to resist the idea of vaccination. Such false information was seen circulating non-stop on the Internet on an extensive scale over the past few years, while Hong Kong people's media literacy has been declining, meaning that some people are susceptible to the influence of mass media. They are unable to distinguish truth from falsehood on their own and have thus become negative about everything. A scientific study conducted in 2019 has found that in receiving messages, most audiences do have presumptions about the motives of the media based on their own stances and will selectively disbelieve in messages with a stance different from their own (i.e. "ignoring in total all dissenting voices") and read only the messages that they favour. Since they only accept the same kind of information all the time, their personal judgment will be affected, and this is a critical issue. As we know, Deputy President, the cyber world is not really beyond the reach of law because a number of legislative provisions applicable to remarks made on the Internet are already in place nowadays. For example, we have the Crimes Ordinance to deal with criminal intimidation and blackmail, and there are also the Personal Data (Privacy) Ordinance and even Articles 21 and 23 of the National Security Law which prohibit any person from inciting, assisting in or abetting the commission of secession or subversion by other persons. Pursuant to Article 43, the authorities can also require the person publishing the information or the Internet service provider concerned to remove the message that will do harm to the country.


8603

Notwithstanding this, the dissemination of such false information might not directly constitute the aforesaid offences in all cases. That is to say, our legislation has a legal vacuum in this respect. For instance, in the case of "the girl with a ruptured eyeball" story, the relevant texts and images have gone viral on the Internet, fabricating the entire story and overstating the so-called injuries without involving any direct acts of intimidation or calls to kill or assault police officers. If dissemination of such false information does take place after the National Security Law has come into operation, will anyone be convicted in the end? This question is debatable. However, the false information disseminated in those days was so shocking and provocative that many people have turned more hostile towards the Police as a result. They even chanted slogans like "an eye for an eye" to incite members of the public to take part in riots. As for the case in which the Government's calling on the public to undergo testing was smeared as "delivery of DNA to China", can this be properly addressed by the legislation and the National Security Law that I have just mentioned? The answer seems to be in the negative. Deputy President, we also remember that while we were discussing the co-location arrangement for the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL") right here in this Chamber much earlier on, Members belonging to the Democratic Party also remarked that the co-location arrangement was problematic. They even pointed out in a propaganda video that upon the commissioning of XRL, passengers reading Facebook while travelling on board an XRL train would immediately be arrested by the Mainland police officers. Well, this very approach has not directly incited riots or terrorist attacks, but did have indeed caused a lot of people to misunderstand the Government and even given rise to their anti-China sentiment that they would tend to oppose the Government. How should this be dealt with then? The Government has, on the other hand, improved a lot in tackling this issue. When facing this kind of false information, the Government will keep clarifying and rebutting. For example, the Information Services Department will adopt a professional approach in doing so, while the Police will immediately refute the fake news through the Internet as well as traditional channels (e.g. press conference). Despite the Government's being kept on the jump, however, it seems that relying solely on holding press conferences or issuing press releases, or even sending officials to make clarifications is no solution to the problem of


"the more widespread the false information, the more real it seems and the more people tend to talk about it". The crux of the problem actually lies in the fact that the law enforcement agencies in Hong Kong do not have the power to compel immediate removal or deletion of false information, or to seek clarifications from the parties concerned. In the first 11 months of 2019, for example, although the Police made 621 requests for the removal of certain posts from social media platforms, only some of the requests were entertained. Besides, the Police has also requested the removal of some posts from websites on 34 occasions and again, only some of the requests were given due attention. This shows that these online platforms, be they individual channels or websites, can just ignore such requests from the Police since there is no specific legislation in this respect in Hong Kong. Concerning the issue of false information on the Internet, many places in the world (e.g. France, Canada and the United States) have in fact drawn up dedicated measures to monitor information flow on the Internet, which focus explicitly on specific areas of online disinformation, including measures specifically aimed at countering interference in elections or false information from foreign places that poses serious threats to national security. Other countries (such as Germany and Singapore) have adopted dedicated legislative measures and clearly defined the conceptual elements that constitutes "disinformation". In other words, the false information on the Internet in question does not refer to all online information in fact. Deputy President, as defined by the European Commission, disinformation refers to the deliberate creation and dissemination of false information, including fake news, for the purpose of causing harm to individuals or society. As to the scope of the Internet, it also includes, of course, online social platforms and instant messaging software. We have noticed that according to a survey published in 2019 on Internet security and trust in 25 economies around the world, 64% of Hong Kong's netizens surveyed claimed they had come across fake news on the Internet, while 58% of the respondents said they had also seen fake news on general social media. And so, Deputy President, for all that relevant legislation has already been put in place and the National Security Law has also been implemented in Hong Kong, we still see no sign that disinformation has subsided. Some online media and individuals still keep exploiting loopholes through various channels that once


8605

any opportunity arises, they will grasp it to make use of the online platform to launch broadscale propaganda to discredit the Government's policy implementation, thus plunging Hong Kong into a trust crisis while causing polarized public views and social dissension. Under the current social situation, we see an urgent need for the Government to draw reference from overseas practices and legislate against disinformation. I propose that law enforcement agencies be empowered to take immediate actions to compel those individuals or organizations disseminating false information to make due corrections and compel the deletion of false information. I also propose that the relevant legislation should be targeted at persons/organizations/platforms making use of false information to incite hatred, threaten social tranquility, undermine national security and public order, or imperil public health or public interest that they will be held criminally liable. Deterrence will be enhanced by doing so. Clear-cut legislation will not only enable the public to know where they should draw the line, but also provide an explicit legal basis for people or organizations operating online platforms and social media to cooperate with the Government in combating disinformation and block the dissemination of false information in a targeted manner. Some people may query if our freedom of the press and freedom of speech will be affected by this. Yet, as we all know, our freedom of speech and freedom of the press are safeguarded under the Basic Law, but this does not mean we may enjoy absolute freedom under all circumstances. We may have freedom provided that national security, public order or public health will not be imperiled, and the law precisely prescribes relevant restrictions in this connection. Hence, I am proposing this motion today in the hope that the Government will expeditiously enact legislation to combat acts of spreading false information on the Internet. I hope Members will support my motion. I so submit. Ms Elizabeth QUAT moved the following motion: (Translation)

"That, in the age of growing popularity of Internet usage, rapid information flow may cause significant impacts; the prevalence of false information on the Internet not only misleads members of the public, but even brings about severe adverse impacts on the safety, stability and development of


the international community; false information on the Internet has already become an issue of concern of the international community which warrants serious and immediate action; during the occurrence of the 'black-clad violence' incidents in Hong Kong in 2019, some individuals or organizations used voluminous false information on the Internet to incite public hatred against the Police, advocate violence and create social dissension in an endeavour to confront the Central Government and SAR Government; during the Coronavirus Disease 2019 epidemic, there has been lots of false information spreading maliciously on the Internet with an intent to hinder anti-epidemic work; in July this year, some people being suspectedly 'self-radicalized' under the influence of false information on the Internet hurled inflammable objects at the Government House and attacked police officers with sharpened objects, and some other people subsequently took advantage of these cases to disseminate false information to incite hatred and advocate terrorist activities, various sectors of the community therefore consider that the Government must formulate effective measures to address false information; in this connection, this Council urges the Government to expeditiously enact legislation to combat acts of spreading false information on the Internet."

DEPUTY PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Ms Elizabeth QUAT be passed. MR KWOK WAI-KEUNG (in Cantonese): Deputy President, there is a saying which goes: "To spread rumours only needs a mouth; to bust rumours will tire one out." Disinformation is extremely detrimental to society. Any right-minded people will agree that one who never tells falsehood shall not fear any clampdown on falsehood. But in today's Hong Kong society, some even have the audacity to demand freedom for falsification. Deputy President, the transmission of disinformation is faster and wider than that of truthful information. When disinformation enters the brain, many people will hasten to believe only such disinformation or news very firmly and refuse to face up to the reality, regardless of the clarifications or explanations that have been made. They seem to have suffered a venomous snakebite, and it is impossible to detoxify the venom despite prolonged treatment in hospital.


8607

Deputy President, believers of disinformation determine their thoughts, words or actions on the basis of such disinformation. In that case, can they still be said to be rational? There is an old saying which goes: "One should think thrice before one acts." What insights can we draw from this saying today? Everybody knows that "black-clad violence" was driven by negative emotions, thinking that the enactment of the Hong Kong National Security Law can restore peace to society today. But is this the reality? As Members can see, a case involving the stabbing of a policeman occurred on 1 July, and there is also a case involving explosive manufacturing. I am concerned that if the authorities do not take action to curb disinformation at source, all such crimes will continue to occur. If one asks about the period when Hong Kong people experienced the prevalence of disinformation at its height, I will say the answer is definitely 2019. The most absurd of all is the rumour that somebody was killed at Prince Edward Station. But then, one of the "deceased", referred to as "HAN Po-sang", not only resurrected from death; but he has even split himself into two―one is here to face prosecution, and the other has already absconded. But even today, some nonetheless still believe that somebody was killed at Prince Edward Station on 31 August. And even more coincidentally, all the deceased persons have no family ties, in the sense that nobody from their families has made a report to the Police. Believers of all this are not uneducated, and some of them are even university lecturers or industry representatives. Even some knowledgeable individuals have been brainwashed. No wonder some students, who are mentally immature, have taken part in explosive manufacturing; no wonder they are unable to resist disinformation. Even if the truth has floated up to the ceiling or in the air, they refuse to believe it all the same because they know only too well that their acceptance of the truth and self-rectification will be taken to mean their confession of their long-standing misbeliefs. Therefore, due to their denial mechanism, they are unwilling to accept the reality. Another example concerns what happened in the Chinese University of Hong Kong and The Hong Kong Polytechnic University. Obviously, it was a group of university students who vandalized the campuses of the two universities while also erecting barricades at the Tolo Highway and the Cross-Harbour Tunnel in order to hinder people in going to work. But online propaganda nonetheless put things the other way around, portraying such students as the victim and dismissing police officers as the real culprit of road obstruction. Why would


people believe something like this which defies the facts? This is precisely a question that merits our reflection in this post-truth era. The speedy Internet has been turned into an avenue for the rapid dissemination of disinformation and news. With a mere press of a button, all information can be transmitted to various places of the world. A survey conducted by the Massachusetts Institute of Technology in the United States discovers that false news stories are 70% more likely to be forwarded than true stories are, and it is even more noticeable that the transmission of fake political news is faster and wider. The report also stresses an obvious increase in the amount of fake political news around the time of the 2012 to 2016 presidential elections in the United States. In fact, one does not have to look too far back in time. Around the time of the 2020 presidential election in the United States, a great deal of fake news was circulated. One example involves Mark SIMON, the right-hand man of Jimmy LAI. He commissioned a report containing various slanders on BIDEN's son Hunter. The entire report is based on fake information, and I do not need to talk too much about this. Why was disinformation so very rampant in 2019? This is because "black-clad mobs" resorted to such information as a means to spread animosity towards the Police, towards the Government, and towards the country alike. Actually, in gist, in order to safeguard national security, disinformation must be curbed at source. But somewhat regrettably, the Government has replied time and again that it does not have enough time to proceed with the task as a government changeover is fast approaching, while also telling us to wait a little while as luck has not yet arrived. When will luck arrive? When the luck mentioned by the Government has arrived, everything will go well with Hong Kong. We want to clamp down on fake information precisely because we do not wish to see the recurrence of any unfortunate events or crimes. But the Government has nonetheless told us that luck has not yet arrived. Deputy President, there are actually many examples in various places of the world showing how fake news can be curbed, and one can find such examples without much difficulty. The Government must act faster in actualizing its clampdown on fake news, so as to curb the circulation of disinformation at source as expeditiously as possible. Thank you, Deputy President.


8609

MR TOMMY CHEUNG (in Cantonese): Deputy President, while supporting the motion moved by Ms Elizabeth QUAT, the Liberal Party and I have proposed an amendment targeting the use of different online platforms and instant messaging software to spread false information. The past decade has seen an unhealthy trend in society of falsehoods being spread online. In particular, the "black-clad violence" incidents in 2019 marked the climax of viral dissemination of fake news and false information. The so-called online platforms and instant messaging software can be represented by such examples as Instagram and Telegram, which are commonly used by young people. Some believe that posting comments on such platforms would be free from consequence and regulation. However, following the "black-clad riots" in 2019, we feel compelled to admit that quite a few young people have been tempted to commit illegal acts by radical and inciting comments during their use of online platforms (e.g. social media) or messaging software. The Liberal Party and I consider that the Government should not stand idly by to watch the young people of the Hong Kong SAR helplessly losing their future because of such false information! The Liberal Party has always agreed that freedom of speech is not overriding in nature, nor does it mean that one can make irresponsible remarks at will or even override the law. The proliferation of fake news and false information online during the "black-clad violence" incidents in mid-2019 and the COVID-19 pandemic has posed challenges to public security and public health. According to the SAR Government, online disinformation has fuelled division of society over social and political issues and undermined trust in the public authorities. While the freedoms of speech and expression of local residents are protected under the Basic Law and the Hong Kong Bill of Rights Ordinance (Cap. 383), the SAR Government has iterated that the exercising of such rights is not without limits. The Hong Kong Bill of Rights Ordinance also specifies that while the freedom of expression applies regardless of frontiers or media, it may be subject to certain restrictions that are provided by law and necessary for (a) respect of the rights or reputations of others; or (b) the protection of public health or morals, national security or public order. These concepts are very clear. There is no such thing as "no regulation" on online speech. Therefore, it is imperative that the Government expeditiously enacts legislation against the spreading of false information on the Internet.


There is currently no legislation in Hong Kong that specifically deals with online disinformation, and most of the laws in the real world are applicable to the online world. In this connection, the Government regulates illicit online content such as copyright infringements, speech inciting the use or threat of violence, and other criminal material under existing legislation. For example, criminal intimidation under the Crimes Ordinance (Cap. 200) and blackmail under the Theft Ordinance (Cap. 210) are applicable to online acts. Furthermore, making inappropriate speech online may be illegal if it involves contravention of the data protection principles under the Personal Data (Privacy) Ordinance (Cap. 486), infringement of copyright, or libel, etc. Publishing information online that might threaten public safety may also infringe the common law offence of incitement to commit public nuisance. The online world is constantly evolving with technological development. Governments around the world are particularly concerned with respect to the reach and speed of online disinformation and its ensuing threats to social harmony, trust in public institutions, and public safety and security. In fact, online disinformation is characterized by rapid transmission and dramatic evolution. The Liberal Party believes that the motion will be passed by a large majority. Moreover, we hope that the Government will expeditiously enact legislation within the current term to regulate false information on the Internet, which admits of no delay! Deputy President, I urge Members to support the Liberal Party's amendment. I so submit. SECRETARY FOR HOME AFFAIRS (in Cantonese): Deputy President, to begin with, I must thank Ms Elizabeth QUAT for moving the motion and Mr KWOK Wai-keung and Mr Tommy CHEUNG for proposing their amendments. On the one hand, rapid technological development has brought convenience to people; on the other, it has also given rise to or aggravated certain acts that involve the infringement of personal privacy or the disruption of social order. During the social upheaval and the COVID-19 epidemic these two years, we have noticed the prevalence of problems such as doxxing, the posting of hate


8611

and discriminatory speeches, and also the dissemination of fake news and disinformation on the Internet, especially social media platforms. Actually, all this is not unique to Hong Kong, and the governments in various places of the world have all hastened to enact legislation or adopt administrative means in recent years in order to cope with the relevant problems. All along, various Policy Bureaux and departments of the Government have shown much concern and kept a close watch over the online circulation of rumours or untruthful news reports. Once they notice that any erroneous information has been in wide circulation and created misunderstanding or a negative atmosphere in society, they will immediately issue clarifications through various channels, with a view to curbing the spread of rumours and dispelling public concern. The press releases or information published by various Policy Bureaux and departments of the Government is provided for public access on their web pages and social media platforms. Also, the Government has actively launched various channels on the Internet and social media platforms for the direct dissemination of information to the public. One example is the setting up of websites and the "Tamar Talk" Facebook page to provide information for correcting misbeliefs. The Information Services Department ("ISD") also disseminates clarifying information extensively on its social media platforms. Furthermore, ISD and the Hong Kong Economic and Trade Offices (Overseas) will also offer clarifications on untruthful reports made by overseas media organizations, and the relevant clarifications have been uploaded onto the thematic web page called "Latest news in Hong Kong". The Internet world is not a virtual world outside the ambit of the law. According to the existing laws of Hong Kong, most of the crime prevention laws for the real world are applicable to the Internet world. Any acts inciting others to break the law or relating to online bullying, as long as they involve criminal offences, are regulated by the relevant laws regardless of whether they are committed online. For example, criminal intimidation under section 24 of the Crimes Ordinance (Cap. 200) and also "Blackmail" under section 23 of the Theft Ordinance (Cap. 210), which carry a maximum penalty of 5 and 14 years of imprisonment respectively, are also applicable to online acts. Furthermore, inappropriate speech published online may also contravene other offences, such as the data protection principles under the Personal Data (Privacy) Ordinance (Cap. 486), infringement of copyright, or libel. Publishing information online that might threaten public safety may also infringe the


common law offence of incitement to commit public nuisance, and the maximum penalty is seven years' imprisonment. Besides, according to section 89 of the Criminal Procedure Ordinance (Cap. 221): "Any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the like offence." Under common law, inciting others to commit any substantive offence is also itself an offence. In short, any act of inciting others to commit an offence is already an offence. In addition, we also have different ordinances―some examples being the various pieces of legislation such as the Communications Authority Ordinance, the Broadcasting Ordinance, the Broadcasting (Miscellaneous Provisions) Ordinance, the Telecommunications Ordinance, the Trade Description Ordinance and the Competition Ordinance enforced by the Communications Authority as a unified regulatory body overseeing the broadcasting and telecommunications industries under the Commerce and Economic Development Bureau―to regulate the broadcasting and telecommunications industries in Hong Kong. Therefore, various media are subject to different forms of regulation under local laws. Electronic media (mainly television and sound broadcasters) are subject to licensing under the Broadcasting Ordinance and the Telecommunications Ordinance respectively. Local printed media, whether newspapers or magazines, are required to be registered under the Registration of Local Newspapers Ordinance. As the Chief Executive pointed out at a Chief Executive's Question and Answer Session in the Legislative Council this year, since the issue of fake news involves a wide range of subjects and is quite a sensitive one, we are conducting studies in the meantime to find out how the laws of various overseas governments seek to deal with the relevant complicated issues. In fact, recent years have shown that foreign governments (including those so-called western democratic societies) also have to deal with this, or else they may face difficulties in governance. Some approaches focus on the election process, while some have an extensive coverage and can be adopted in everyday life. We are now conducting studies in this direction. Deputy President, I will listen carefully to the speeches of Honourable Members and give a consolidated reply on their views and proposals. Thank you, Deputy President.


8613

SECRETARY FOR SECURITY (in Cantonese): First and foremost, Deputy President, I would like to extend my thanks to Ms Elizabeth QUAT for proposing the original motion and the two Members for proposing their amendments. The Security Bureau fully recognizes the importance of combating disinformation. Since the emergence of "black-clad violence" in 2019, there have been loads of false information in the community constantly discrediting the Government, causing some people's hatred towards the Government, and even advocating the use of violence, thus giving rise to a divided society. For example, there were rumours in the community that the Government would cap the daily amount of cash withdrawal from banks, impose outbound restrictions, and even introduce a "lockdown order", which were intended to incite people's hatred towards the Government. Actually, the relevant government departments have responded promptly to clarify that those rumours contained not even a grain of truth. As to the law enforcement actions taken by the Police during the occurrence of the "black-clad violence", regardless that IPCC (Independent Police Complaints Council) has clearly pointed out in its report on a thematic study that the allegations associated with the so-called "831 MTR Prince Edward Station Incident" ("the 831 Incident") were completely unsubstantiated and were not credible at all, and that a self-proclaimed "HAN Po-sang, the deceased in the 831 Incident" has subsequently posed a selfie video as if to signify his "resurrection", a great crowd of people still appeared regularly outside the MTR station mourning him. This tells us that some of the fake news has already taken root in the community, thus sowing the seeds of potential problems with the city's law and order. In fact, various violent attacks has emerged recently as a result of the perpetrators' being constantly under the influence of online disinformation as well as messages inciting violence and hatred that they proceeded to commit serious crimes. The "lone wolf" attack on 1 July is precisely a real-life example of this kind. Fake news and extremist thoughts may do great harm to society, and the Internet helps spread them even more speedily. The Secretary for Home Affairs will study conscientiously the experience of and approaches taken by other countries and places in dealing with fake news and disinformation so that reference can be provided for how the next step should be taken. Similar to other government departments, the Security Bureau will do its utmost to help clarify fake news in an expeditious manner and combat falsehoods inciting hatred and violence by all feasible administrative and legal means.


Despite the absence of legislation targeting fake news for the time being, there are already a number of legal provisions under the existing legal framework to deal with the dissemination of inappropriate information. For instance, pursuant to sections 9 and 10 of the Crimes Ordinance ("CO"), any person who does any act with a seditious intention, utters any seditious words, handles and possesses any seditious publication shall be deemed to have contravened CO. In addition, specific provisions dealing with the dissemination of seditious or extremist thoughts under various offences are laid down in the National Security Law, in which Articles 21 and 23 prohibit any person from inciting, assisting in or abetting the commission of secession or subversion by other persons; Article 27 prohibits the advocation of terrorism and incitement of the commission of a terrorist activity; and Article 29 prohibits conspiracy with a foreign country or an institution, organization or individual to provoke hatred among Hong Kong residents towards the Central People's Government or the Government of the Hong Kong Special Administrative Region, which is likely to cause serious consequences. Once again, I must emphasize that the cyber world is not a lawless virtual world. Most of the laws targeting the real world are also applicable to the cyber world, so people must use the Internet in a legal and responsible manner. Any advocacy of commission of law-breaking or cyber-bullying acts, whether online or otherwise, is subject to regulation by relevant legislation if a criminal offence is involved. The Government expects the general public to cast a discerning eye on the truth and not to believe in false information or fake news. And also, they should never act in a way that will directly or indirectly lead to intensified violence. We also expect the whole community to take concerted action and say "no" to violence in order to bring society back on the right track. I trust that Members must have a lot of valuable views on enacting legislation to combat online disinformation. Next, I will listen closely to Members' speeches and respond to them while making due additions later on. Thank you, Deputy President.


8615

DR PRISCILLA LEUNG (in Cantonese): Deputy President, there is a proverb that says: "A lie can travel halfway around the world while the truth is putting on its shoes." The law protects freedom of speech, not lies. For example, the Personal Data (Privacy) Ordinance seeks to protect the privacy of law-abiding people rather than acts as a protective shield for lawbreakers to commit crimes. Hong Kong is a society governed by the rule of law. The protection of freedom of speech is our core value and is clearly provided for in Article 27 of the Basic Law. That said, as far as the protection of freedom of speech and public interest is concerned, it has long been established in Article 19 of the International Covenant on Civil and Political Rights that everyone shall have the right to freedom of expression, but they also have the duties and responsibilities to respect the rights or reputations of others and to protect national security, public order, public health, morals, etc. We still remember a woman's allegation in 2019 that a gang rape took place in Tsuen Wan Police Station. Allegations of that sort constantly spread across the community, causing emotions to run so high throughout society that many people engaged in radical acts of violence. When all these are happening in broad daylight in Hong Kong, we have no alternative but to take into consideration Hong Kong … our local situation, as well as the issues around our public interest, security and safety. I believe that anyone who has studied law should have learned from their first lesson that legislation not only seeks to deter unwelcome behaviour in society, such as dissemination of such false information, but also serves an educational purpose, namely that of telling people how to exercise freedom of speech in a reasonable manner in line with social expectations. Recently the United States Government has also been accusing social media outlets, such as Facebook and Twitter, of having spread false information to hinder the efforts to prevent and combat the pandemic. In fact, the protection of national security, public safety, public order and public interest is the same worldwide; it is just that in the past many people were under the impression that acts committed on the Internet were not punishable by law, but in actuality the Internet world, like the real world, has always been governed by law, especially common law. We do not necessarily need statutory law to be able to hold the perpetrators civilly and criminally liable for the false information disseminated on the Internet.


Since 2000, I have personally assisted quite a few parties concerned to officially sue some posters on the Internet for their irresponsible attempts to irritate and harm the minds of the victims, and even their wishes to make those victims inflict self-harm on themselves, which are fraught with criminal and evil intentions. In the Crimes Ordinance of Hong Kong, which has already been mentioned earlier, section 9(1)(e) can already deal with the so-called dissemination of hate messages. However, in Hong Kong, there is actually a special situation. I believe that when we enact legislation on false information in the future, the opposition or the international media will say that we do not allow room for news reporting. Here I would like to say that, in truth, there are always grounds of defence in common law, including that one has exercised due diligence in verifying the news story before publishing it, rather than recklessly and deliberately spread false information, or even had any intentions of harming society and the victims. Even though no legislation has been enacted at present, if a person releases false information with the intention of inflicting harm on some victims, the Defamation Ordinance can still deal with it. Defamation involves not only civil liability but also criminal liability, so just because the legislation has not yet been enacted does not mean that one's behaviour can go unchecked. Firstly, that is not the case. Secondly, even if we have enacted legislation, I am absolutely convinced that our freedom of the press can be protected as long as those concerned are responsible media with reasonable grounds of defence. Furthermore, I am absolutely convinced that the legislation is actually consistent with our constitutional basis. Particularly, in common law, we have the principle of proportionality, as illustrated in the Hysan case, and I believe that it is fully consistent with the constitutional spirit as long as the public interest is balanced, that is, a balance has been struck between the protection of public security and safety and the freedom to disseminate false information. Therefore, the legislation will not undermine freedom of speech. (The buzzer sounded) Deputy President, I so submit. DEPUTY PRESIDENT (in Cantonese): Dr Priscilla LEUNG, your speaking time is up. MR CHRISTOPHER CHEUNG (in Cantonese): Deputy President, I fully support the motion moved by Ms Elizabeth QUAT on "Enacting legislation to


8617

combat false information on the Internet", as well as the amendments proposed respectively by Mr KWOK Wai-keung and Mr Tommy CHEUNG. The reason for my supporting the motion is very simple: In the past two or three years, we have witnessed with our own eyes how false information has incited hatred and violence, torn society apart and brought tremendous harm to Hong Kong. This was particularly so during the disturbances arising from the proposed legislative amendments of the Fugitive Offenders Ordinance in 2019, when "black-clad rioters" maliciously disseminated false information and nearly turned Hong Kong upside down. Disinformation about San Uk Ling Holding Centre had incited anti-police sentiments; false story about "the girl with a ruptured eyeball" had given "black-clad rioters" an excuse to create disturbances and disrupt the airport operation for a number of days, thus paralysing the Hong Kong International Airport which is a global aviation hub and affecting a large number of air passengers; and disinformation alleging that some people were killed at MTR Prince Edward Station on 31 August 2019 had made many people lose their mind as they went so far as to mourn and pay tribute to the fake "deceased". The series of incidents are adequate evidence to prove that disinformation is just like an invisible bomb, and once detonated, it will often be more lethal than live ammunition and may cause serious harm to society. There is not only a practical but also an imminent need to enact legislation to combat false information. Deputy President, I particularly agree with the proposal put forward by Mr KWOK Wai-keung in his amendment to "strengthen 'media literacy' education to enhance the competence of members of the public in identifying false information". "Black-clad rioters" have always used freedom of the press as an excuse in their propaganda in the past to disseminate information of a radical nature, and by making every effort to glorify acts of violence and referring rioters as heroes, they have successfully brainwashed some people, who could no longer distinguish right from wrong and have even become irrational, thus walking down a path of no return and launching terrorist attacks and committing crimes. The culprit who attacked a police officer in Causeway Bay on 1 July this year is an example, because it was found that he had kept at his home a large collection of Apple Daily and propaganda materials. Therefore, when enacting legislation to combat false information, we must stay vigilant at the same time against the use of fake news to poison the minds of the people, so that Hong Kong will not become an anti-intellectual city where people will accept what is wrong as right.


Lastly, it is my hope that while combating false information, the Government will never overlook the need to promote positive energy. The Government has all along devoted abundant resources in publicity work but regrettably, the publicity effect is far from satisfactory. The policy measures of the co-location arrangement, Lantau Tomorrow Vision, universal testing, the vaccination programme, etc. are obviously beneficial to both Hong Kong and its people, but due to ineffective publicity on the part of the Government, "black-clad rioters" were given an opportunity to wantonly smear these initiatives in their propaganda. As a result, members of the public find it difficult to tell truth from falsehood and are at a loss of what to do, while the Government has come under attack and is left in a disadvantageous and passive position. Therefore, I hope the Government will have two strings to its bow, and while stringently combating false information on the one hand, it must seriously review its own inadequacies on the other and strive for consistent improvement. Efforts should be made to optimize its publicity and promotion strategy by avoiding using certain rigid and lecturing way of publicity, but adopting a lively and interesting approach on a wider scale to convey profound meaning with simple words when publicizing government policies, such as doing so through the production of short films, simple guides for dummies, etc. I am sure as long as the general public are fully provided with the correct information, there will naturally be no more room for false information, and Hong Kong will no longer be harmed by disinformation. I so submit. MR HOLDEN CHOW (in Cantonese): Deputy President, to begin with, I wish to thank Ms Elizabeth QUAT for moving this motion today and the two Members for proposing their amendments. I will support the original motion and the amendments. Deputy President, fake news is detrimental to the public. As Members all know, the truth that has been unveiled is that nobody died on 31 August at all, and "the girl with a ruptured eyeball" never suffered a rupture to her eyeball at all. But regrettably, during the occurrence of "black-clad violence", all sorts of rumours, disinformation and fake news remained in circulation. How much animosity was provoked in the process? How much harm was inflicted on the Police? How much stimulus was produced for "black-clad violence"? The


8619

harm that has been inflicted actually can never be undone. But regrettably, the SAR Government was honestly unable to do anything when it all began. After experiencing so many incidents, I feel the necessity today to address the past events and enact a set of comprehensive legislation in society, so as to combat fake news and disinformation and in turn safeguard social peace and the safety of the general masses. Even if we put aside "black-clad violence" for the time being, the persistent, extensive circulation of disinformation can also arouse serious panic and chaos in society. For instance, panic buying of daily necessities may occur anytime. Deputy President, I notice that when the Singapore Government showed the intention to legislate against fake news years back, the replies given by its officials to certain questions are worthy of our deep consideration. One particular point they raised is that fake news will do harm to not only the general public but also the law-abiding conventional news industry. According to them, fake news causes grave unfairness to the latter because the spreading of disinformation or fake news by certain black sheep will ruin the reputation of the whole industry in the end and result in the loss of confidence in news agencies in the entire community, and conniving at the presence of fake news and disinformation is tantamount to committing homicide of the conventional news industry. I think the elaboration given by Singaporean officials on this aspect is very clear and worthy of our thorough consideration. Deputy President, having experienced the various harms inflicted by "black-clad violence" over the past prolonged period, I think it is high time that the Government undertook a series of related legislative tasks, so as to achieve the instant result of protecting people's safety. While it is true to say that the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region now in force has achieved effective deterrence, and we absolutely believe that the Police's enforcement of the law has been very effective, some have still sought to disseminate fake news and disinformation by manipulating the loopholes in other channels, so as to provoke animosity or chaos. For this reason, I still consider it necessary to enact a set of complete legislation for regulation purpose. Unlawful elements demand freedom to disseminate fake news as a means to incite chaos, but all the general public need is only compliance with the law and an appropriate degree of regulation for ensuring social peace.


I hope the Administration will pay heed to our request today and make up its mind as soon as possible, so as to bring the task of legislating against fake news to satisfactory completion. I so submit. MR JEFFREY LAM (in Cantonese): Deputy President, nowadays, people just need to press a button and all the information on anything they want will be available within seconds. Everyone has a mobile phone in their hands. They use it day and night. The time that people spend on their phones is longer than the time they spend with their mother. Besides, a huge volume of information can be obtained free of charge online at social media platforms. Thus, since 10-odd years ago, the online world has become the most sought-after place contested by all the parties concerned. But there is a problem. How do we know that the information we read is true and not fake? In Hong Kong, lots of fake news went viral during the amendment of the Fugitive Offenders Ordinance and the outbreak of the COVID-19 epidemic. Some of the fake news sought to incite hatred and resulted in escalating violence and anger. Some other fake news was hard to prevent. It was disseminated by ordinary people who pretended to be an expert to spread unconfirmed scientific or medical information online. This type of false information has been used by people with ulterior motives to mislead the public, distort the truth and even for fear mongering. Hong Kong is an international financial centre with a vast flow of information. This was not the first time that rumours were rife. Over the years, the Government has not taken fake news and fake information seriously, which has resulted in many people disseminating false information or shirking responsibility for the fake information they spread. Will such false information cast a negative impact on incoming investments worldwide? If people easily believe in, without doing any fact-checking, any picture that goes with a large headline and some ambiguous description, saying, for example, "It is said that", "Sources say" and "According to first-hand news", who can they blame? There is an English saying, which goes, "Fool me once, shame on you. Fool me twice, shame on me."


8621

I know Hong Kong people are smart. They will not be fooled all the time. We are thus very thankful to Ms Elizabeth QUAT for having proposed this motion today. We do need to face this issue squarely, so does the SAR Government. The people who disseminate fake information should not be the only one to blame, but also those who forward such information to other people after reading it, without doing any fact-checking. How come they believe in unconfirmed news online so casually? To protect people from getting into troubles because of online fake information, I hold that the Government needs to expeditiously look into regulating fake news by legislation to prevent the situation from getting worse. Meanwhile, before legislation is introduced, I notice another situation which also needs to be dealt with urgently and seriously. Facebook and Twitter, which are the two most used online social media platforms in Hong Kong, have rules in place for reporting posts with violent, obscene, discriminatory or offensive language or indecent images and impersonation of other people. However, the two social media platform operators are very slow in handling these reports. Many of my friends have experiences of being impersonated by others on online social media platforms. These people stole my friends' photos and created private accounts using names similar to those of my friends and then invited my friends' common friends to join. Having reported these false accounts, my friends had waited for a long time before a reply was given and had to wait another while before these false accounts were blocked. During this window period, these false account holders could have done things against the law if they had the intension to do so. For instance, when the Legislative Council considered the amendment to the Fugitive Offenders Ordinance, fake news and rumours were spread from many unknown social media platform accounts and incited many young people to disrupt social order and break the law. Their actions created all kinds of chaos, which are still vivid in our minds today. To make Hong Kong a better place, we need to possess a truth-seeking attitude. Being a responsible Government, it must enact legislation to regulate fake news and false information, and it must also request social media platform operators to speed up their handling of reports and complaints, so that apart from legislation, it can also combat fake news through mutual monitoring. Deputy President, I so submit.


IR DR LO WAI-KWOK (in Cantonese): Deputy President, first of all, I thank Ms Elizabeth QUAT for moving the original motion and Mr KWOK Wai-keung and Mr Tommy CHEUNG for respectively proposing their amendments. The Business and Professionals Alliance for Hong Kong echoes that the SAR Government should formulate effective measures to address online false information. Deputy President, different kinds of instant messaging software and online social media platforms are extensively used in our daily lives. But they seem to be a double-edged sword with pros and cons. On the one hand, they bring great convenience to us when we communicate and liaise with people, but on the other, they may generate some undesirable side effects, and a particular side effect is the proliferation of false information which has aroused widespread concern in the community. Hong Kong people should have deep feelings about this. In the past two years, a multitude of false information was generated online in connection with various social events. During the rampage of the "black-clad violence", some people alleged that people were "beaten to death by the Police" in the MTR Prince Edward Station and the number of "deaths" increased as rumours proliferated; and some people even ridiculously alleged that the Police had destroyed the bodies. Some other people claimed that the Police "sexually assaulted" female protesters detained at San Uk Ling Holding Centre, and so on. Obviously, the purpose of such false information is to incite hatred against the Police. As for online posts that taught people how to make petrol bombs or bombs, obviously, they are against the law and are extremely unethical. These posts are not merely the problem of false information. With the support of the Mainland, the SAR Government launched the Universal Community Testing Programme during the outbreak of the Coronavirus Disease in 2019. Again, some people who intended to impede this important fight against the epidemic spread rumours online that the DNA obtained from the Programme would be sent to China. On 1 July this year, a culprit assaulted a police officer with a sharp object under the influence of suspected false information on the Internet. After the assault, some people also spread false information online trying to incite hatred and terrorist activities. All such examples have made us realize that the Internet is full of false information and fake news. Not only will such information and news mislead the public, but they will also poison the immature young minds and create social dissension, which is a serious threat to public safety. The situation has developed to the stage where the whole community needs to urgently and seriously deal with it.


8623

Deputy President, the authorities have repeatedly stressed that under existing laws in Hong Kong, most of the laws on crime prevention in the real world are applicable to the virtual world of the Internet. But the dissemination of disinformation on the Internet has certain characteristics, and that is, it spreads very quickly and changes rapidly; and it can influence and distort the development of a social event in no time, causing great harm. Hence, it is incumbent upon the SAR Government to formulate corresponding strategies and strengthen regulation by legislation. Actually, jurisdictions overseas such as those in Europe, the United States and Singapore have, over the recent years, enacted a series of laws to combat false information, ban disinformation and prevent information manipulation. The SAR Government should refer to relevant overseas experience to perfect local laws and its enforcement mechanisms, so as to handle more effectively the reporting and removal of online false information and increase the penalties to achieve a deterrent effect. Also, the authorities should make good use of technologies, establish a dedicated department and use artificial intelligence and big data to screen online false information; and establish a unified online platform against false information to clarify the facts on a timely manner; and strive to nip false information in the bud, so as to stop it from further festering. The authorities must also step up publicity and education to prevent false information before it is created and educate the public on the features and hazards of false information to avoid being used to help disseminate false information. Deputy President, some people may worry that combating online false information by legislation may undermine freedom of speech and freedom of the press. However, I believe that the general public well understand that freedom of speech does not include the freedom to spread false information and rumours at will to disrupt social order, nor does freedom of the press include the freedom to deliberately disseminate fake news to incite social confrontation or hatred. We have already learned a hard lesson from the "black-clad violence" in 2019 in this regard. With these remarks, Deputy President, I support the motion. MRS REGINA IP (in Cantonese): Deputy President, I speak in support of the motion moved by Ms Elizabeth QUAT as well as the amendments proposed respectively by Mr KWOK Wai-keung and Mr Tommy CHEUNG, and I thank them for raising this important issue for us to debate.


False information disseminated through the Internet or published in paper form in the past few years has inflicted tremendous harm on our society, and a number of fellow Members have already spoken on the related matters earlier. For example, during the "black-clad violences" in 2019, there were two major cases of false information as mentioned just now by Ir Dr LO Wai-kwok. In one of the cases, there was a stubborn insistence that some people were killed by police officers on 31 August that year, and as more and more people were alleged to have been beaten to death, people kept flocking to the scene to pay tribute and hand out white flowers as if these alleged deaths were real. This has aroused public dissatisfaction with the Hong Kong Police Force and caused serious harm to our society. Besides, it was also alleged that some detainees were sexually assaulted by police officers in San Uk Ling Holding Centre, this was also serious disinformation which has incited fear and dissatisfaction among the people of police officers. Strictly speaking, this has constituted the offence of acting with a seditious intention under sections 9 and 10 of the Crimes Ordinance. If someone was found to be responsible for disseminating such disinformation, he should be charged with the offence of sedition because the act had incited hatred between different social classes in Hong Kong. False information concerning the anti-epidemic work has also been disseminated, and Ir Dr LO Wai-kwok has already mentioned this just now. I wish to point out that there were also people who disseminated false information during the scrutiny of the proposed amendments to the Fugitive Offenders Ordinance. For example, I have watched a video clip entitled "The meat on the chopping board", which pointed out that once the proposed amendments were passed, those who came to settle in Hong Kong from the Mainland would soon be arrested at their homes for having disputes with public security officers in the Mainland in the past, and the persons concerned would be extradited to China before they were given a chance to contact their daughter even though the latter was a lawyer. Such grossly false and maliciously fabricated information was intended to undermine the credibility of the proposed amendments, but the Government seemed to have its hands tied and could do nothing at all to stop the dissemination of such video clips. Besides, I did receive report about, for example, the handing out of a leaflet at a housing estate in Tsuen Wan to advise new arrivals living there that upon passage of the proposed amendments to the Fugitive Offenders Ordinance, public security officers would soon visit them at their homes, and that they would be


8625

extradited to China for previous dispute cases involving them, while the authorities would then recover the public housing units allocated to them. A grass-root person I know is a new arrival from the Mainland, and he is engaged in massage work after attending a related course provided by the Hong Kong Federation of Trade Unions. However, out of fear for being sent back to the Mainland, he has also taken to the street and joined a public procession. It can thus be seen that the harm caused to society by such false information is really tremendous. I therefore consider it absolutely necessary to take two courses of action. Firstly, this sort of false information must immediately be removed once it appears in the Internet. Secondly, the act of dissemination of false information should be criminalized, and it would certainly be better if sections 9 and 10 of the Crimes Ordinance could be invoked to institute prosecutions against them. If this is not feasible, new legislation should be introduced to penalize such offenders. However, the implementation of the proposal for enacting legislation to combat false information has enforcement implications. Given that we receive a lot of information through our mobile phones every day, and we sometimes forward some messages instantly without knowing whether they are true or false, people are concerned that they may be inadvertently caught under the proposed legislation. In this connection, members of the public actually need not worry too much, because consideration has been given to these legal issues by other jurisdictions that practice common law like Hong Kong, such as the United Kingdom. The Home Office of the United Kingdom is now conducting consultation on the proposal to tighten its national security law, and the dissemination of false information is also one of the subjects under study. It was reported that the subjective test is one of the tests which can be accepted legally, meaning that the test may be adopted to determine whether there is reason to believe that the person disseminating the information concerned was acting recklessly, knowing or believing that the information so disseminated has the potential to cause harm. Besides, the objective test may also be adopted to objectively review whether it would constitute an obviously irresponsible act that would thus cause harm when information is disseminated to suggest that upon passage of the proposed amendments to the Fugitive Offenders Ordinance, a person may be extradited to China when he/she is not even given a chance to meet his/her lawyer.


The authorities may also adopt both the subjective test and the objective test concurrently, so as to ensure that no one will be inadvertently caught by the law when he/she forwards unintentionally messages received without knowing whether they are true or false. There are in fact many precedents in other common law jurisdictions for our reference, and I therefore believe that the enactment of legislation to combat false information will not jeopardize the freedom of speech, freedom of the press and free flow of information, or make it possible for the innocent to be inadvertently caught by the law. I so submit. MS YUNG HOI-YAN (in Cantonese): Deputy President, since the outbreak of "black-clad violence" in 2019, fake news, misinformation and false information have been circulating more and more rampantly on the Internet, and many citizens and young people have been misled and their mind have been poisoned, causing great impact on the whole community. The power of this kind of misinformation is really not to be taken lightly. However, at present, the Government's regulation of the Internet is relatively lax, and anyone can freely express his opinions on the Internet. A minority of people even think that any opinions and behaviours on the Internet are unregulated and they can do whatever they want. As a result, cybercrime has become prevalent in recent years, and the problems of online doxxing and cyber-bullying have become more and more severe. The situation has reached a very serious level, as there is a lot of false information flooding the Internet world, and some people deliberately spread false information through the Internet, inciting violence or doxxing, in an attempt to disrupt social order, thus threatening people's safety, public and even national security. In fact, many people are confused, helpless, and do not know how to verify the information on the Internet, and do not know how to distinguish the true from the false. We cannot let the problem persist. The Government and the public should work together to thoroughly combat false information on the Internet, to say no to false information, and to hold those who maliciously spread rumours and false information accountable for their acts. But how should we deal with it? Of course, legislation is warranted. Therefore, I support the motion on "Enacting legislation to combat false information on the Internet" moved by Ms Elizabeth QUAT and the amendments moved by Mr KWOK Wai-keung and Mr Tommy CHEUNG. Deputy President, in May this year, a local youth organization conducted a questionnaire survey on "the ecology of speech among online media and social networking sites". Among the 837 valid responses, more than 60% of the respondents considered that there was a trend of abusing the freedom of speech


8627

among online media and social networking sites to disseminate false information, and that the existing legislation regulating online media and social networking sites was obviously inadequate. In fact, not only do the public feel that the noxious trend of false information on the Internet is spreading, but officials responsible for security matters in the SAR Government are also aware of the seriousness of the problem, including Secretary for Security TANG Ping-keung, who said in the Legislative Council last week that fake news and extremist ideas are extremely harmful to society, and that the unlawful acts of abusing online platforms to wantonly incite hatred and social violence must be dealt with severely. In a recent interview with the media, Mr Raymond SIU, Commissioner of Police, also said that fake news and false information in the community have seriously affected the relationship between the Police and the public, and that apart from the Police, all parents, teachers and schools should instil correct concepts into their children and students. I believe that many people, like me, would expect the SAR Government to do more to effectively curb the deliberate dissemination of false information on the Internet. Deputy President, Mr KWOK Wai-keung mentions in his amendment that many countries have enacted legislation to combat false information, including the United States, Germany, France, Singapore, etc. Among them, Singapore enacted the Protection from Online Falsehoods and Manipulation Act in 2019, which aims to protect society from being affected by "malicious actors" who deliberately publish false information online. The Act targets falsehoods, but not opinions, criticism, satire or parody, and thus it mainly regulates the spreading of false information on various kinds of communication platforms. Compared to the legislation against false information in Germany and France, when Germany only regulates social media platforms with more than 2 million registered users and France only regulates online platforms with more than 5 million unique visitors per month, it is clear that the scope of the legislation in Singapore is broader. As for those convicted of deliberately disseminating false information to undermine society, they are liable to a maximum fine of S$50,000 (approximately HK$291,000) or imprisonment for five years. If Hong Kong does enact legislation, it can also make reference to the legislative experience of these countries and enact a specific law that suits the actual situation in Hong Kong. Deputy President, false information spreads faster, deeper and wider than true information, and harms our next generation. Some false information related to people's livelihood, such as those related to the Coronavirus Disease and vaccination, will cause delay in seeking medical treatment and vaccination and


affect the anti-epidemic work. And false information that is discriminatory, hostile and targets people with different political stances can create prejudice and be misleading. This is why Hong Kong has an urgent need to enact legislation to combat false information on the Internet. With these remarks, Deputy President, I support the original motion and the amendments. MR KENNETH LAU (in Cantonese): Deputy President, I rise to speak in support of Ms Elizabeth QUAT's original motion and the amendments proposed by Mr KWOK Wai-keung and Mr Tommy CHEUNG. The spread of false information has become increasingly rampant in Hong Kong, especially during the time when "black-clad violence" raged. The Internet then was flooded with false information, and different online platforms were rife with all sorts of fake news to advocate violence and incite hatred, thus continuously intensifying conflicts and rifts in society which enabled radical forces seeking "Hong Kong Independence" and "mutual destruction" to advance unchecked. What is worse, the anti-China disruptors even blatantly incited the public to defy the Central Government and the country on the Internet. All these have dealt a blow to Hong Kong's prosperity and stability, as well as threatened national security. Upon the promulgation and implementation of the Hong Kong National Security Law, the chaotic situation in Hong Kong has instantly been turned around. Social stability has gradually been restored with the closing of the fundamental loopholes in respect of safeguarding national security in Hong Kong, and the complete shattering of the conspiracy to stage a Hong Kong-version Colour Revolution. As various statistics show, Hong Kong's economy and finance simply remain robust and our status as an international financial centre has not been undermined in the slightest. All the lies which aim at "bad-mouthing" Hong Kong simply cannot stand. That said, in the absence of a legal framework for regulating online false information in Hong Kong at present, a lot of false information which spreads hatred against the Central Government, the SAR Government and the Police Force is still in circulation on the Internet, prompting some people to turn to extremist and unlawful acts. Early this month, some radicals hurled petrol bombs at the Government House, while the downtown area of Causeway Bay saw a local "lone wolf" terrorist attack in which a man stabbed a police officer with a sharp knife before killing himself. After this case, some people continuously


8629

urged others to use different means to mourn for the assailant who stabbed the police officers, and attempted to heroize and rationalize his unlawful act. What is worst, a university students' union council expressed condolences over the death of the man and even thanked him for making sacrifices for Hong Kong. This is simply equivalent to a blatant promotion and glorification of violence, as well as an outrageous challenge to the moral bottom line of society. Having spotted the legal loopholes, the masterminds behind the creation and dissemination of online false information are emboldened to incite hatred and dissension, and attempted to influence public opinions to enable "black-clad violence" to make a comeback. The Government must not tolerate them and should take early precautionary measures to prevent some people from becoming radicalized under the influence of false information or inflammatory remarks and planning terrorist attacks again. Enacting legislation to combat false information on the Internet brooks no delay. Around the world, many governments are concerned about the negative impact of online false information, and have enacted regulatory legislation accordingly. In 2019, Singapore passed the Protection from Online Falsehoods and Manipulation Act which targets publication of false information on Internet platforms and telecommunication contents which may jeopardize national security or public interests. Germany passed the Network Enforcement Act in 2017 to strengthen enforcement against illegal remarks such as provocations of violence, hatred, etc. The United States also implemented the Countering Foreign Propaganda and Disinformation Act in 2016 to counteract the political propaganda and disinformation by foreign governments. The spread of fake news and false information is enough to paralyse the operation of the entire government and poses a threat to social and national security. Even those so-called Western democracies find it necessary to enact legislation to stem the spread of false information. As for Hong Kong, we have actually suffered from such experience first-hand amid the "black-clad violence". In light of lessons learnt in the past, the Hong Kong Government should expeditiously enact legislation for the regulation of false information, thereby safeguarding national security and public order, as well as ensuring the steadfast and successful implementation of "one country, two systems". Deputy President, I so submit. MR TONY TSE (in Cantonese): Deputy President, recently, a politician openly criticized social media such as Facebook for not making enough efforts in stopping the spread of disinformation and fake news, saying that the effect is


equivalent to killing people. The person in question is not a public officer of the SAR Government. The person is the President of the United States Joe BIDEN who often talks about freedom of speech, of the press and of information on the Internet. He criticized the technology network enterprises in the United States for allowing falsehoods about the pandemic and vaccines to spread extensively among American people, which had undermined the work of epidemic prevention and the vaccination rate and caused more deaths from the virus. The irony is that quite many people are of the view that the Government of the United States and the anti-China media there are the ones that are the best at creating and spreading fake news, including, among others, smearing Xinjiang with the allegation of genocide and saying that the Hong Kong business environment has been damaged by the National Security Law for HKSAR. Similar to its accusation against Iraq for possessing weapons of mass destruction in the past, the purpose was to find an excuse to interfere in another country's internal affairs. The "mutual destruction camp", which thinks along the same lines as the United States, also created a lot of fake news and false information during the rampage of the "black-clad violence" in Hong Kong. The purpose is to create dissension, stoke hatred and smear the Government and the Police. The most famous examples include the stories concerning "the girl with a ruptured eyeball", the sexual assault at the San Uk Ling Holding Centre and protesters being beaten to death at MTR Prince Edward Station on 31 August. Such fake news and false information were spread together with diagrams, photos and "witnesses", making these stories so real that many people, including certain heads of universities, believed them as true. People know now that "the girl with a ruptured eyeball" did not have her eyeball ruptured, that no sexual assault ever took place at the San Uk Ling Holding Centre and that no one died at MTR Prince Edward Station on that day. But it will take a long time to rectify the damage the false information has done to the rule of law and order of Hong Kong and the image of the Government and the Police Force. A small number of people, including some young people, who are addicted to the cyber world of "black-clad violence", still firmly believe in some fake news. They feel that the real world outside is fake, and that anything the Government says cannot be trusted. These people will easily become biased and be manipulated by other people, or even be "self-radicalized" and turn into lone wolf-style terrorists.


8631

The successful implementation of the National Security Law for HKSAR has stopped violence and curbed disorder in Hong Kong. With the return of law and order, fake news associated with the "black-clad violence" has lost its platform and market. However, what followed is the fake news on the Coronavirus Disease epidemic, including allegations that the Government has monitored people through its measures on epidemic prevention, and that it has stolen the information on the movements and DNA of Hong Kong people, as well as allegations disparaging the safety of the vaccines produced in the Mainland. The purpose is also to create fear, divide society and weaken the effectiveness of the anti-epidemic efforts in Hong Kong, thereby delaying the reopening of the boundary between Hong Kong and the Mainland and making it difficult for the economy to revive and for Hong Kong people to return to their normal life. In brief, they want mutual destruction. In the early stage of the "black-clad violence" and the epidemic, the Government seemed to stay on the sidelines in the face of such fake news. Over the past few months, the Government has made marked improvements in clarifying false information and disseminating correct information. In the cyber world, however, 100 pieces of correct information often cannot offset the influence made by one piece of false information. It may not be very difficult to prove that something that has happened did happen, but it is very difficult to prove that something that has not happened actually did not happen. So, I support, in principle, the motion on "Enacting legislation to combat false information on the Internet" proposed by Ms Elizabeth QUAT today. In fact, many countries which claim to have great respect for human rights and freedom also have all sorts of laws to combat false information. Certainly, the legislative content concerned must be clear and in line with the proportionality principle. It must strike a balance between combating malicious false information and safeguarding the interests of society as a whole and protecting freedom of the press, speech and information. With these remarks, Deputy President, I support the motion. DR CHENG CHUNG-TAI (in Cantonese): Deputy President, regarding the motion on "Enacting legislation to combat false information on the Internet", I hold that the rationale behind the legislation is somewhat questionable. First of all, Hong Kong is not in a complete legal vacuum, which means that there are some relevant regulations or laws on false information or fake news. For


example, on the personal level, we generally put the offence of defamation or legislation on defamation in the context of, say, fake news or false information because it would bring some damage to a person's reputation or actual interests. Of course, before a case is established, it is necessary to cross some specific thresholds. For instance, being able to prove the causal link and the damage to actual interests is a prerequisite for discussion of filing a claim petition or establishing a claim. Secondly, beyond the personal level, actually we have also some ordinances of a similar nature, such as the Securities and Futures Ordinance, as well as some corresponding regulations, which govern the publication of false information for profit, for example. I am referring to the legislation governing speculation or market manipulation for profit. In other words, it is not really true that there is no legislation in Hong Kong to deal with false information in the community. What we are now discussing is an issue in another area, one related to public security or public order. I suppose Mrs IP has more experience in this area. In the past colonial era, the Public Order Ordinance also contained some so-called offences of false information or false news. If my memory has not failed me, they should be found somewhere beyond section 10 of the Public Order Ordinance. The discussions back then were concentrated in the late 1980s and the 1990s. It was during the days of the Provisional Legislative Council that the offences were abolished. Nevertheless, while it is untrue that there were no such offences in the past, as proven by their existence in the colonial era, we have to ask retrospectively why we abolished such laws in the past two or three decades when Hong Kong was gradually developing into an open society. The reason was that a mechanism of mutual trust had been established in our social system. So why do I hold that the rationale behind the legislation is questionable? It is because I think that there may be different perspectives on long-term governance and methodology for maintaining a stable social order. As far as long-term governance is concerned, I do not think that it is easy to "silence the people", which is indeed "more dangerous than damming a river", as the Chinese proverb goes. History has taught us that even though we often try to silence the people by hook or by crook, actually online false information does not just remain on the Internet. In the world we live in, the utterance of a sentence or two can already set off suspicions. Therefore, I do not consider that taking a stance of suppressing the so-called false information for the purpose of silencing the people is in the long run a direction beneficial to all in terms of governance.


8633

However, in the past few years, particularly the past three to five years, was there a need to do so? I think it is open to discussion because we are a so-called open society, but the premise is that, in my view, there is only one focus, namely that the discussion about this so-called false information should be based on fact checks. What are fact checks? Simply put, Deputy President, I have once made a mistake, which I think is a serious one on my part. Someone posted a picture of the Express Rail Link terminus to me on the Internet, saying that typhoon Mangkhut had shattered the glass windows of the terminus. At the time the friend said that he had voted for me, so I believed him without checking the facts myself. It was only later, after I asked my colleague to check the facts, that I became aware of having made a mistake, namely a misrepresentation of facts. Nevertheless, there are time lags associated with such matters. For example, earlier on, the Government announced on its own initiative to suspend Return2hk because of the severe outbreak in Guangzhou, but in a short while they corrected the announcement. I believe that a sensible society allows room for correction, but if legislation would hinge on the Government's determination of what is true and what is false, could it be that we have to go back to 20 years ago and let it confirm whether or not JIANG Zemin is dead? Is that the case? Therefore, my position is, and I repeat: "Silencing the people is more dangerous than damming a river." If we still have to exercise suppression by means of legislation in this year of 2021, do we really need to tell others that Hong Kong people do not have the wisdom to determine what is true and what is false? I so submit. MS ALICE MAK (in Cantonese): Deputy President, the Hong Kong Federation of Trade Unions ("FTU") and I are in support of the Member's motion on "Enacting legislation to combat false information on the Internet" which is moved by Ms Elizabeth QUAT today. I also hope that the Government will expeditiously introduce a regulatory regime which includes dedicated legislation for curbing the continuous circulation of malicious false information on the Internet. As my colleague, Mr KWOK Wai-keung, pointed out when speaking on his amendment, many countries have already legislated against false information, including the United States and France which are the so-called free and democratic countries. The very reason for them to do so is that false information and fake news have significantly affected their communities, politics and even presidential elections. The national security implications have thus necessitated enactment of legislation for regulating the situation. Actually, over the past two years, Hong Kong has experienced social circumstances and riots


similar to what happened in these countries. We have all been victimized by misinformation on the Internet and paid a heavy price for that. Deputy President, the Chinese examinations which we took during primary school years consisted of a section known as picture composition. These days, there are many "talented primary students" on the Internet who are well-acquainted with picture composition. If a photo showing a uniformed primary student being with two to three police officers―i.e. all of them in the same photo―is posted on the Internet, they will portray the police officers as refusing to spare a kid, and then sentimentalize and spread around the story continuously with exaggerations. So, what is their underlying purpose? It is to provoke public discontent with the law enforcement officers. (THE PRESIDENT resumed the Chair) As a matter of fact, the photo which I just described really exists and concerns a case which happened in November last year. The placard here shows the cover extracted from the special edition of OffBeat which contains a photo depicting a primary student and two police officers. That is about a case which happened last November which actually … Then, someone used this photo to discredit the Police, saying that even primary students will not be spared from interception by police officers. But in the end, it just turned out that the primary student, the little girl, had lost her purse and "Uncle Policemen" who helped her were subjected to vilification. So, why did those people do that? Doubtlessly, they intended to shatter public confidence in law enforcement officers by continuously creating hatred and panic. When a photo showing a kid and "Uncle Policemen" standing together can turn into such a strong rumour, it is not hard to imagine how the "31 August" incident which led some to lay flowers somewhere daily … like paying tributes to the deceased, the incident of San Uk Ling Holding Centre, the story about "the girl with a ruptured eyeball" and other ever-emerging false information are concocted and created. As I can remember, a friend has told me that his colleague suggested clubbing together to hire Taoist or Buddhist priests to perform funeral rites for those who died in the "31 August" incident. My friend replied him, "That is a scam of the century. How come you believe it?" Anyway, some people just go on deceiving others with rumours. This is something I can relate to indeed, because I have been a victim of false information and fake news who have personally experienced the harm inflicted by them.


8635

Members may know that in 2019, former Legislative Council Member CHU Hoi-dick and former District Council chairman Zachary WONG put words into my mouth. Why did they do so? Their aim was to tell … to cause a stir in the community by telling people that I, and even the pro-establishment camp, advocated violence. Their actual aim was to stir up public sentiments. So, what did I do in the end? I took legal action against them with some supporters helping me to collect evidence. It was only after a few years―during which I had to find a lawyer, appear in court and so on―that I managed to get justice for myself and received their apologies through legal proceedings which were not simple at all. Had I been left on my own without others' help and any legal advice, I would not have been able to take any legal action and, I believe, I could have remained aggrieved right now. This has thus explained the need to enact relevant legislation, something that Dr CHENG Chung-tai just mentioned. It is just too difficult for anyone to seek justice and tell others the truth solely on his own under the existing legislation. This is arduous. In my case, I had to spend two years and make enormous effort before I could succeed. Therefore, it is necessary to enact legislation against false information and fake news. Ordinary members of the public are just unable to cope with the spread of false information and its impact on their own. President, it is my view that we must enact the relevant legislation as soon as possible, and also, I hope that the Government can give us a response expeditiously. President, I so submit. Thank you. MR CHAN KIN-POR (in Cantonese): A survey conducted by a social media consultancy has found that Hong Kong people spent a daily average of over seven hours on the Internet last year, which is an hour longer than the year before. Nearly three of these hours were spent on viewing videos on the Internet, while nearly two hours were spent on social platforms. Almost 50% of the respondents got news and information through social media. In this technologically advanced era when information is being circulated rapidly online, false information and fake news travel really fast. With many mobile instant messaging apps and discussion forums such as Telegram and LIHKG allowing users to hide their identities easily, netizens who can comment with anonymity believe that they are free from any responsibility as regards their reckless remarks and invented stories. As a result, some of them deliberately make up some over-exaggerating, far-fetched and fictitious stories to attract people's attention, trying to achieve their ulterior motives by increasing their


click-through rates and number of subscribers. Since many netizens only watch social media and will not do any fact check through other channels, they are prone to stay in the echo chamber and end up being misled and "brainwashed" without even knowing it. As pointed out by a study conducted by the Massachusetts Institute of Technology, fake news stories spread faster and farther than the true ones on Twitter, and are 70% more likely to be retweeted and spread six times faster. The reason for fake news stories and false information to spread so fast is that they sound more peculiar and attractive than the true ones, thus tempting people to retweet them. Of all types of information, fake political news spreads significantly faster and more widely. Actually, false information can easily lead to wrong decisions, and if it is taken as true by a large number of people in society, this will substantially prejudice our society for sure. It is human nature to forget good deeds easily, but remember anger and hatred. Just take "black-clad violence" as an example. Many people with ulterior motives kept creating false information to incite hatred and advocate terrorist activities, thus causing serious social rift which will take a long time to mend. Therefore, the greatest problem facing countries around the world concerns the handling of fake news and false information. A number of European countries as well as Singapore have put in place legislation against fake news under which offenders are punishable by a maximum penalty of 10 years' imprisonment. When legislating against false information on the Internet, it is very important for the Government to strike a balance between effectively combating malicious disseminators and avoiding wronging the innocent. There should be clear guidelines in the legislation to define what constitutes false information. While the authorities should impose severe penalty on those who maliciously invent false information, it should also try to step up its efforts in educating netizens who may inadvertently repost false information how to distinguish true information from false one. As far as I know, the authorities will provide clarification through such platforms as the website of <news.gov.hk>, and the "Tamar Talk" Facebook page if any false information is found to be widespread on the Internet. It is commendable for the authorities to respond in this way, but it can be done in a faster and wittier manner. After all, it is just like a race against the clock to provide clarification on different social platforms and traditional media. Thank you, President.


8637

MR WONG TING-KWONG (in Cantonese): President, there is a famous saying in society, which goes that "What is true cannot be fake; what is fake cannot be true." Just now, Dr CHENG Chung-tai admitted that he was once misled into believing the authenticity of an edited photo sent by one of his supporters. The photo showed that all glass panels at the West Kowloon Station of the High Speed Rail had been broken in the typhoon. The information he disseminated at that time was relatively minor. Actually, we can imagine the great harm caused by fake information as shown in the arson attack on the Nazi German parliament. What was its consequence? A series of false information was disseminated in Hong Kong over the past few years. Such information was not as simple as a lie trying to deceive people. The intention behind spreading false information was to create social chaos and incite riots, which have brought great damage to our overall livelihood, economy and society. I am very much saddened by the fact that to date there are still people being deceived by certain false information. I do not understand it. For instance, the stories of so-called people being beaten to death at Prince Edward Station, "the girl with a ruptured eyeball" and a female detainee being sexually assaulted at San Uk Ling Holding Centre are all fake news. The hard facts are laid before their eyes, proving that all these are fake news intentionally created by some people to cause social chaos and undermine the credibility of the SAR Government at that time. I believe it is easy to create rumours, but it is hard to dispel them. I thus think that it is necessary and timely for Ms Elizabeth QUAT to propose this motion. I hope that when Hong Kong people listen to this motion debate of the Legislative Council, they will think carefully about these undesirable and abominable phenomena. We should stand together to reject them, and it is necessary to ban them by legislation. Thank you, President. MR SHIU KA-FAI (in Cantonese): I would first of all like to thank Ms Elizabeth QUAT for moving this motion today on "Enacting legislation to combat false information on the Internet". Regarding the subject under debate, those Hong Kong citizens who have been closely following the news about the Legislative


Council should be aware that we have in fact discussed the issue many times at some previous meetings. Over the past year or so, we kept discussing the issue at different meetings, and I consider that it is still necessary for us to discuss the matter at this Council meeting today, because the problem remains unresolved, while fake news and false information have brought great harm to Hong Kong. During both the "black-clad violence" incidents in the past and the current epidemic which is not yet over, we have witnessed the proliferation of fake news in the community. As I have pointed out earlier, the "black-clad violence" incidents began in June that year, and when the Legislative Council took a break early and started its summer recess, the community was already in a huge turmoil. As targets of criticism, we Legislative Council Members should refrain from causing more trouble for the Police, and in order not to add to the workload of the Police Force, we avoided going out and I therefore stayed at home every day. However, I kept assisting the collection of different information at home then because the community was already flooded with fake news. Friends around me kept sending me many different photos and messages every day, asking me whether the Police had done this or that. Under Secretary Sonny AU knows very well that I sent them a lot of information nearly every day, telling them that there was another piece of similar news circulating, and the Secretary would soon find out the truth for me. Some friends of mine are senior management staff of the Police Force, and when I received messages of this sort but the Secretary had other engagements, I would ask these friends to help verify the authenticity of the relevant incidents for me. I can hereby tell Hong Kong people that among numerous pieces of news which I have enquired about, all are false information. I can get in touch with government officials so easily, and yet it took me some time to seek clarification on such messages after receiving them, let alone the ordinary public. What would be their thoughts when they received some shocking photos? I was told that such online information could perhaps spread throughout Hong Kong or even the whole world in just two or three hours, and then circulate back to the one who first disseminated the news at the outset. If timely actions are not taken to clarify, the messages will leave a deep impression on people's mind. As a matter of fact, during the occurrence of the "black-clad violence" incidents, many young people were sent onto a path of no return simply because they had believed in such fake news.


8639

The truth about the story of "the girl with a ruptured eyeball" has come to light now, but some former Members who are no longer present here were all sitting on that side with their eyes covered then. There were rumours alleging that some people were killed on 31 August that year but I have previously queried, where have the relatives, friends and parents of the deceased gone? Why did they not report the cases to the Police? It was argued that they would be sent to Xinjiang once they did so, but how about the relatives and friends of these people, and would they also choose not to report the cases to the Police? If it is further argued that they would all be sent to Xinjiang too, would Hong Kong become an empty city next year then? This actually makes no sense at all, but the problem is that in the absence of clarification and explanation, people will really believe. Mr KWOK Wai-keung commented this morning that it took just some very light remarks to spread a rumour, but strenuous efforts were needed to have it dispelled. This is really well said, and what can the authorities explain? Fortunately, the Police have subsequently offered an explanation for every piece of news every day, and refuted fake news on the Internet piece by piece. We could then gradually convey the relevant messages to the public, thereby helping everyone to come to their senses. However, it is a great pity that many young people were corrupted at that very moment, and they went forward before everyone to the front line and picked up a glass bottle, ending up perhaps awaiting sentencing by the court now. Hence, such fake news can really do people very great harm. For example, in this picture which I have just now asked my colleague to find out, we can see some police officers having a barbecue party and playing chess on the road, and much blame has thus been put on the Police. However, after careful examination of the original picture, it has been found that these police officers were actually on duty then, but would people who know nothing at all bother to do so? People are interested only in circulating the picture, are they not? Some people tend to regard every police officer as a wicked thief, so what can the authorities do? During those days when "black-clad violence" ran rampant, I often advised friends in my camp that although there were also times when we did come across pieces of very juicy and favourable news which seemed to benefit our camp, we should not disseminate such news as true information if its authenticity was not


yet verified despite the possible benefits. In my opinion, there is utterly no need for us to disseminate any fake news, and we should tell everyone that our information is completely true. Such completely true information will be sufficient for us to refute the opposite opinions, because with justice on our side, we do not need to resort to disseminating fake news. However, there is an absolute need for us to regulate all sorts of fake news by legislation. Thank you, President. MR CHEUNG KWOK-KWAN (in Cantonese): President, there is a Chinese idiom "三人成虎", which means three people spreading reports of a tiger makes you believe there is one around. What is the story behind the idiom? In the Warring States period, PONG Cong, an official of the State of Wei, out of concern that the King of Wei might believe in rumours during his absence for a mission out of the country, went to the King before his departure and asked, "Your Highness, if someone told you today he saw a tiger on the street, would you believe it?" The King replied he would not believe it. Then PONG asked again, "If another person said there was a tiger on the street, Your Highness, would you believe it?" The King replied, "Then, I would become less certain." And then PONG asked once again, "If a third person said there was a tiger on the street, Your Highness, would you believe it?" The King replied, "Then I would be compelled to believe it." PONG then said to the King, "Your Highness, there cannot be any tiger on the street. This is a clear fact. However, when many people spread the rumour, people would be compelled to believe it. During my absence, when I am not here, many people will come to you and spread rumours against me and speak ill of me. My observant King, don't be deceived by these rumours." The King promised him and asked him not to worry. After PONG left the State of Wei, many people indeed slandered PONG in front of the King, speaking ill of him. The King initially did not believe in the slanderous remarks. With times, however, the King's faith in PONG wavered. When PONG returned from his mission, he found that he had been distanced by the King who no longer put him in any important position. The story later became this familiar Chinese idiom which is used to describe how people would believe in a rumour if it is repeated many times. President, at the time of the King of Wei, there was no computer, nor was there any mobile phone or the Internet. But still, the King of Wei believed in the rumours. It thus makes sense that the rumours as ridiculous as the stories of "the


8641

girl with a ruptured eyeball" and deaths at the MTR Prince Edward Station, which many Members mentioned just now, could have spread in Hong Kong now. If disinformation could easily be spread in ancient times when the Internet did not exist, one can imagine the power of disinformation in this era when people are bombarded with information. Its power can be even more lethal than such weapons as guns and knives. It can cause a person to lose his life. It can make the whole family of another person suffer. It can topple the government of a place. It can also spark unrest in society. Besides, President, what I wish to say is that a ruling made unanimously by the Judges of the Court of Final Appeal in 2014 says that the Internet is not a public place, and thus charges cannot be pressed for offences related to the use of computers, mobile phones and similar equipment using the offence of obtaining access to computer with criminal or dishonest intent. For instance, the Court of Final Appeal ruled in the Heep Woh Primary School case in April 2019 that the offence of obtaining access to computer with criminal or dishonest intent was not applicable for the case. Given the situation as such, there are not many tools in the Hong Kong legal regime which can be used to prevent online disinformation. Certainly, some laws in the real world are applicable to actions done in the cyber world. For example, the Crimes Ordinance for offenses of criminal intimidation; and the Personal Data (Privacy) Ordinance for offences involving personal data infringement; or when disinformation prejudices public safety, it can be dealt with by invoking the common law offence of incitement to commit public nuisance. However, President, disinformation does not necessarily involve the aforementioned actions. For instance, the fake news about "the girl with a ruptured eyeball" or the fake story about the MTR Prince Edward Station incident cannot be dealt with using the ordinances just mentioned. So, in any case, a law against online false information should be enacted as the right remedy to the problem. So, with these remarks, President, I support the motion proposed by Ms Elizabeth QUAT. MR STEVEN HO (in Cantonese): President, I thank Ms Elizabeth QUAT for proposing today's motion. Simply put in a few words, it is about how to combat fake news.


Having listened to the earlier speeches of Mr CHEUNG Kwok-kwan and a large group of Members before him, I feel that, as from time immemorial, the path of righteousness in the earthly world is marked by vicissitudes, with the evil forces far outpacing the virtuous at every step. I call on Members to please carefully apprehend this feeling. To fight against fake news, we always rely on the SAR Government coming forward for clarification, or as the former Chief Secretary for Administration put it openly, "we must condemn it together", but this approach is not of much use. In the past, when people still had some moral convictions, condemnation might be a way to educate them, but now that lies are all around us, any further condemnation is futile. To begin with, I would like to thank the two Directors of Bureaux who are more of doers and present today for their well performed work in the past. When it comes to fake news, it is meaningless to talk at length. Instead, we should mention a few key words: "Prince Edward Station", "San Uk Ling", and "the girl with a ruptured eyeball", followed by "Wuhan pneumonia", which is actually called COVID-19 now, and then "mixed vaccines" and "facial paralysis". Hearing these key words, we are all aware that they involve fake news. However, with regard to so many incidents in the past, when someone simply says a word in half a second, how much time do we need to spend on clarification? How many resources, including social resources and resources for publicity on television, and how much money have we spent on clarification? How much time has been spent on clarification even by the Members from the Democratic Alliance for the Betterment and Progress of Hong Kong and the constructive forces who are present? The only purpose is just to counter a lie. Therefore, the question we have to ponder is: How exactly can we save time from doing such things in the future, so that we can do some other more pragmatic work? I have omitted one thing. It is the term "Alkanet Balm", which many people have forgotten. Do Members still remember what Alkanet Balm is? My memory seems to suggest that the incident took place in Sha Tin. Some people stormed into a shopping mall and went on a rampage. Then the Police arrested a large group of people. Someone appeared to be treating the wounded alongside, applying fake blood plasma on the forehead of a person in an attempt to create an image that … Please take a look; at that time, it seemed that TANG


8643

was still … I am not sure if he was still the Commissioner of Police … Some people tried to accuse the Police of indiscriminate arrests, and we have spent a lot of time on clarification. We see discussions on many online forums about how exactly to defuse this issue of being seen applying false blood plasma, given that the trick has been exposed. I have an idea―use Alkanet Balm! They say they need to relieve heat, fight off toxins, and so on and so forth. As such, we see that some people are going to every extreme to distort the dominant social trend in favour of their political interests. However, why has this situation come about? Knowing full well that it would take a long time for society to tell a lie from the truth, they took advantage of this time lag to mislead the public within a short time, so that they could get their political benefits from the District Council elections and the Legislative Council election and then continue to smear others. If Members take a look at the 2019 to 2020 elections, they will see clearly that some people have blamed themselves for their stupidity in voting for those liars. It is right to thank Commissioner TANG, now Secretary TANG, for arresting many rioters and taking them to court, proving that … One year later, some people said that they had called others to besiege San Uk Ling and other places just for kicks. It is true enough that the authorities have been exonerated after a year and a half, but the community has suffered greater loss. Solely relying on us here … Justice is finally restored for the authorities, but is it fair to those whose reputations have been tarnished? It is not. Therefore, I hope that the SAR Government will contemplate how to prevent or reduce such fake news stories in the future. I do not believe that the problem of fake news can be eradicated, but it is still necessary to find a way to deal with it, and I know that the Government has recently done a lot of work in this regard. Lastly, I would like to tell the public that although the problem will eventually be tackled by legislation, it is still necessary to educate the public, right? Why are some people so gullible to fake news? Mr CHEUNG Kwok-kwan has earlier said that three people spreading reports of a tiger makes you believe there is one around, but there must be a reason behind it, and that is similar to the case of news reporting. In the case of ordinary news reports, such as the news coverage of the motion on combating fake news to be passed by this Council today, coupled with a deluge of theories that follow, not many people


would really watch them. This is because people have preferences. They engage in so-called "negative indulgence". They enjoy listening to negative news and it is all because negative news is fascinating. Maybe the press think that only negative news sells well. Let us take a look at today's "Great Secrets of XXX", or news about where Secretary Casper TSUI has been and what he has done. These are the most attractive stories that sell. Probably what was originally aimed at economic benefits has been discovered by others to be an opportunity that they can take advantage of to extract political gains. Therefore, legislation on fake news alone is certainly insufficient to put society back on the right track. We need in addition the concerted efforts of the press and various sectors of the community in upholding their professional ethics to make it happen. Look, the Apple Daily is dead. Why is it dead? It is because the newspaper was known for fake news, but eventually only eight satellite organizations of the Hong Kong Journalists Association cried foul over its demise. President, as there is not enough time, I will speak later. I so submit. MR LUK CHUNG-HUNG (in Cantonese): President, I am delighted that Ms Elizabeth QUAT has moved this motion on "Enacting legislation to combat false information on the Internet" for our debate. And, the amendment proposed by Mr KWOK Wai-keung is likewise very important. Why is it necessary to combat disinformation, especially online disinformation? Recently, a survey found that the overall intelligence level of human beings had shown a downward trend. Of course, I do not know how accurate this survey is because the study was conducted by some academics. As it has pointed out, one probable reason is the prevalence of online disinformation, and due to the "echo chamber effect", fake news will spread around very quickly. As long as people find a piece of news interesting, they will spread it around. When people hear some peculiar talks or uncanny theories, they will spread them around. In the case of some others, they spread fake news around simply for political purposes or benefits.


8645

Even if some information defies common sense, some people will still believe it. One example is the "Flat-Earth" theory. In some foreign countries, there are people who have come to believe it now―interestingly―and some academic societies will even hold international forums on this specific topic every year. Hong Kong is no exception, in the sense that rumours have circulated that some people were beaten to death on 31 August; cases of sexual assault occurred in San Uk Ling Holding Centre, and a girl suffered a rupture to her eyeball. But somewhat miraculously, her eyes could become glistening again later on, and she has even gone to another place very happily. I must say the above are all fake news. Some rumours also have it that smart lampposts will record personal data, and 5G base stations will transmit the novel coronavirus. Many criticisms from the international community or its understanding of the local circumstances is based on a great deal of fake news in circulation, so it is really necessary to deal with it. As a matter of fact, falsehood is honestly undesirable. Of course, some shameless western politicians under the lead of the United States will consider it to be national treasure. One example includes POMPEO and the like whom I often mention. Theft, deception and falsehood which they often talk about are something in which they take pride. But of course, we must prevent all this from dominating the world. History shows that laws prohibiting falsehood were already enacted in the times before Christ. President, I received education from schools with a Christianity background all along. While I am not a Christian as such, I have always kept in mind the ninth commandment of the Ten Commandments in the Bible, which reads: "Thou shalt not bear false witness against thy neighbour." To smear others with lies … I am not talking about white lies. Well, suppose the President says "Mr LUK Chung-hung is handsome". Even though it is a lie, I will accept it because it is a white lie. On the contrary, if falsehood is used to smear others and instigate animosity and conflicts in society, it is honestly necessary to impose regulation and penalties. In fact, various places of the world have already enacted related legislation. One example is the German Government, which already enacted the Act to Improve Enforcement of the Law in Social Networks in 2018 to prohibit the publication of hate or seditious speeches and also fake news on social networks.


Once such contents are detected, the relevant platforms will be required to remove the contents concerned within seven days, and in case of non-compliance, a fine of as much as HK$460 million―this is honestly a huge sum―will be imposed, and the person in charge may also be subject to a fine of HK$47 million. Speaking of Singapore, for example, its government has likewise enacted the Protection from Online Falsehoods and Manipulation Act in 2019, and its scope covers corporate entities and even individuals. Once any such contents are detected, the authorities will issue a removal order, and anyone who fails to comply may even be subject to a fine of HK$290,000 and five years' imprisonment. If the person involved posts the relevant contents with a fake identity, the penalty will be increased to a fine of HK$580,000 and a prison term of 10 years. Many liberal and democratic countries will impose regulation because people can use fake names or cybernames in the prevailing cyberculture. For this reason, telling falsehood is now no big deal, and it has even reached the point of ruining our established moral standards. So, in order to avoid the persistent repercussion of disinformation for society, we must progress abreast of the times. In the past, we were always able to find a television broadcaster or press organization that was relatively self-disciplined than all others. But these days, "self-media" as they are so called have emerged, and everybody can become a KOL online. Any wanton messages posted online will be circulated frantically in chat groups without any regulation at all. The situation in 2019 clearly showed that fake news and disinformation had become a downright threat to national security, and some hostile forces had also colluded with external forces. This matter is a very important part (The buzzer sounded) … in the cognitive warfare involving the country and Hong Kong, so it is necessary to enact legislation for regulation purpose. PRESIDENT (in Cantonese): Mr LUK Chung-hung, please stop speaking. MR CHAN HAK-KAN (in Cantonese): President, I rise to speak in support of Ms Elizabeth QUAT's motion. President, in fact, the most serious global security problem in the 21st century is fake news and false information. We have witnessed the harm it has done not only in Hong Kong, but also the United


8647

States, the so-called free world. We have seen that its former President, Mr Donald TRUMP was often criticized for disseminating false information. Not only did he not admit losing the election, but he also incited his supporters to storm the United States Capitol. We can see from television footage how rioters in the United States stormed into the United States Capitol. Their behaviour was so fierce that they could not be treated as normal people. Why did they behave like that? The answer is very simple. It is because they have been brainwashed by false information for a long time. When something stirred up their emotions in certain situations, they would be provoked easily. Yet, the saddest thing is that the provoked crowd did not think they were wrong and did not know what they were doing at that moment. There were similar incidents in Hong Kong. Previously, a man stabbed a policeman before committing suicide, while a university staff financed terrorist attacks. According to media report, they had been so prolongedly affected by the fake news disseminated by the "yellow media' during the "black-clad violence" period that they became "self-radicalized" and eventually turned into terrorists. Think about it, one was 50 years old, the other one was 39 years old. As adults, both of them should have had a mature mind. Why did they launch such terrorist attacks as stabbing policeman and committing suicide? Obviously, they were under the long-term influence of certain information or media. Therefore, I personally believe that people under the influence of fake news may lose their mind with behaviour that hurts themselves, others and society. Since such problem causes great harm, a responsible government should make efforts to combat fake news rather than doing nothing, so that peace can be restored in society. The story of "the girl with a ruptured eyeball", as I mentioned in the question session, is obviously fake news, or a serious consequence caused by false information. First of all, "the girl with a ruptured eyeball" does not exist, because no one's eyeball has been ruptured. Some people were misled into believing in false information repeatedly spread by some media. When the story was continued to be spread, some people would take advantage of such sentiments to incite hatred against the Police and the Government. If you still remember, some healthcare workers in hospitals believed that the story of "the girl with a ruptured eyeball" was true and even staged protests, showing that even knowledgeable people would be deceived by false information, let alone the innocent and ignorant ones in society. Therefore, regulating fake


news is not just for maintaining social stability, but also for protecting Hong Kong citizens, especially young people, so that they will not ruin their whole life by taking a wrong step under the influence of false information. I heard a colleague from the opposition camp say just now that regulating fake news will affect freedom of the press and freedom of speech. President, this is a false proposition. Think about it, what is the relationship between fake news and freedom of the press and freedom of speech? How can something blatantly fake affect freedom of the press. Freedom of the press and freedom of speech is beneficial to society, and can enable Hong Kong citizens to know more about the truth of many issues. Yet, fake news makes people stupid and loses their mind. Let me make an analogy. Fake news is like drugs. Taking drugs makes you feel excited and happy, but it is detrimental to health; fake news is the same in the sense that you may find it intriguing when reading it, but it will harm our personal prospects, society and the whole Hong Kong. President, with these remarks, I support Ms Elizabeth QUAT's motion. MR LEUNG CHE-CHEUNG (in Cantonese): President, I support the motion on "Enacting legislation to combat false information on the Internet" which is moved by Ms Elizabeth QUAT, and I also sympathize with Mr KWOK Wai-keung's amendment. Everyone can tell in an instant that fake news is something of a problem, but all along, the Government has not taken any action or measure against fake news to put it to a stop, and we have thus seen a lot of false online information and news stories particularly since 2019, including the "31 August" incident, the story of "the girl with a ruptured eyeball", and the incident of San Uk Ling Holding Centre, all of which have just been mentioned by many Honourable colleagues. While these are completely false news stories and online information, the Government simply shrugged them off, thus enabling them to prejudice the community. Many of those who do not know the truth have swallowed these stories whole. They will go to the relevant location to pay tributes every 31 August, and will surround police stations, saying that something has happened at San Uk Ling Holding Centre. All these are the adverse consequences caused by fake news stories. Today, the Government should no longer turn a blind eye to the situation and let fake news stories prejudice Hong Kong by giving wrong messages which will result in some injustices in society.


8649

In fact, matters relating to falsehood have all along been subject to other regulatory legislation by the Government. For example, making a false statement constitutes an offence. A false instrument can constitute an element of an offence. Making a false declaration also constitutes an offence. However, fake news just does not constitute any offence, and this really makes us very … leads us to think that the Government has completely ignored this injustice and let such blight continue in society. Now, when taking a look in the past, we will find a family tragedy which took place in Tin Ping Estate in 1998, a case which I think I have heard Mr Steven HO briefly mention just now. The protagonist of this family tragedy is called CHAN Kin-hong. After the tragedy, he was approached by a newspaper―the Apple Daily which has now closed down―for the production of a fake news story which described him keeping a mistress in the Mainland, and a set of "photos from the scene" was subsequently shot. This news story then became a viral hit, making the Apple Daily sell like hot cakes and bringing in huge profits for it. But will such modus operandi be despicable? Will it be copied by anyone? The answer remains unknown, but this fake news story has actually turned Mr CHAN into one of the victims, and made many people psychologically disturbed. In light of this, if we as a … I think the SAR Government is not doing the right thing if it still fails to introduce any measure in the face of the impact of fake news. In fact, as some Honourable colleagues mentioned just now, many other countries and regions have already enacted legislation against fake news. Anyway, what does it mean by "fake news"? Some say that insistence on truthfulness is what comes first in news reporting. So, what is the difference between truth and falsehood? Of course, this is clear to any normal person, but if made-up stories are deliberately reported in a way as if they are true, people will easily fall for the specious reports. This is especially true in the case of some publicly credible social networking platforms or media. Everyone will believe what they publicly reported to be true. Therefore, I hope that social media and online platforms which have the trust of the public will stop conniving at the publication of fake news stories which seek to deceive people and causes the majority of them to fall for them. It is only in this way that we can avoid chaos in our society. With these remarks, I support this motion. Thank you.


PRESIDENT (in Cantonese): Does any other Member wish to speak? (No Member indicated a wish to speak) PRESIDENT (in Cantonese): Ms Elizabeth QUAT, you may now speak on the amendments. MS ELIZABETH QUAT (in Cantonese): President, first, I would like to thank the 21 Members who have spoken in support of my motion. I am also grateful to Mr KWOK Wai-keung and Mr Tommy CHEUNG for proposing the amendments. We, the Democratic Alliance for the Betterment and Progress of Hong Kong ("DAB"), support their amendments, and I am particularly supportive of addressing and combating the problem of false information with a multi-pronged approach aside from legislation. Mr KWOK Wai-keung's amendment proposes using technologies to screen false information. I strongly support this proposal. At present, many research and development ("R&D") teams around the world have already developed some automatic identification programmes which make use of big data to track down and preliminarily identify false information with AI. These programmes allow people to be better informed about the veracity of information, especially when false information on the Internet may not necessarily be produced by humans these days. As a matter of fact, there are bots on the Internet which create some false information and fake news stories that look specious by simulating human reactions to true news stories after generating some news stories that resemble the truth. Of those pieces of false information, 90% may be true and only 10% is false, so it is pretty easy for people to fall for them and subsequently spread them far and wide. For this reason, the Government should devote more resources to support R&D of technologies for identifying false information. Furthermore, I have mentioned the issue of media literacy in my earlier speech as there is too much false information in circulation. Actually, media literacy has become a problem among some members of the Hong Kong public who are unable to distinguish truth from falsehood. They circulate information around senselessly, taking false information for the truth. Just now, Dr CHENG Chung-tai talked about the need to have faith in people's wisdom, saying that if we enacted legislation against false information, it would be equivalent to silencing people's voice and suppressing the public.


8651

However, when we witness the continuous spread of false information like the "31 August" incident which still has many believers among whom some remain convinced that there were fatalities, we know that we cannot put our faith in people's wisdom alone. Legislating against false information does not mean that we have no faith in people's wisdom. Nor will this restrict people's freedom of speech. President, we know that … as the saying goes, a lie told 1 000 or 10 000 times becomes the truth. In this age of technology, a lie can be repeated 1 000, 10 000, 1 million or even 100 million times in a split second, so how can the Government do nothing and try to rely solely on people's wisdom for distinguishing truth from falsehood? After all, enhancing media literacy is a matter of great importance. As we can see, many countries are working on this area. In Finland, for example, media education in public schools starts from pre-primary level, i.e. from kindergarten, and the upper secondary curriculum consists of some creative programmes which teach students fact-checking and critical thinking. Apart from schools, since 2015, the country has begun a country-wide … called on every citizen to take responsibility for the fight against false information, and invited a good many overseas experts to explore response strategies. I think the Hong Kong Government should consider setting up a committee on media literacy education within the Education Bureau for designing a set of curriculum guide on media literacy education, and meanwhile, civic education should cover the teaching of media literacy. I think these are very important. Additionally, Mr KWOK Wai-keung also proposes establishing a database for fact-checking. Though he has not elaborated on this proposal, I think there are at least two points which warrant our consideration. First, currently, many government departments, for example the Police Force and the Food and Health Bureau, will provide clarifications on some false information. Actually, when different departments are equally likely to be affected by false information, it is very difficult for the public to see all the relevant clarifications as this will require them to search through the websites of different departments. So, I think the Government can consider placing all clarifications onto the same platform to facilitate instant public access. Usually, I need to approach different departments one after another when I have received enquiries about the veracity of some information. In the United Kingdom, there is a Rapid Response Unit to do this task. I think the Government should also have a think about it.


When speaking on his amendment, Mr Tommy CHEUNG specifically suggested that there should be enactment of legislation against the act of spreading false information on social media. I think the Government should also consider setting up a unit dedicated to the regulation of social media, say a social media committee, under the Communications Authority, and draw up a code of practice for social media. In fact, the European Union has also developed a code of practice of this sort. I believe that the combination of these approaches will be of great help to the fight against false information. I have to reiterate, President, that the fight against false information is not targeted at legitimate journalists or the general public, but at false information that will really prejudice and endanger the community. False information on the Internet is very harmful, so I hope Members will support my motion. Let us all work together to fight against false information. SECRETARY FOR SECURITY (in Cantonese): President, before all else, I wish to thank Members for expressing their valuable views on "Enacting legislation to combat false information on the Internet" today. As the former Commissioner of Police, I have, in fact, bitterly experienced the harm brought by fake news first-hand. Now, I would like to first respond to the speech just made by Dr CHENG Chung-tai, because I am worried that his speech may mislead members of the public. Firstly, under our existing legislation, the criminal provisions against fake news necessarily concern deliberate fake news stories with a malicious purpose such as inciting hatred, endangering national security and other criminal purposes. They should not be lumped with the attempt to silence people's voice or the expression of dissenting views which Dr CHENG Chung-tai just mentioned. This is a point which I must clarify for the public to prevent them from being misled. Secondly, Dr CHENG Chung-tai stated in the final part of his speech that it is up to the Government to decide whether a piece of news is fake or not. I must also make it clear that in case of prosecution, it must be for the Court to rule whether any piece of news is fake. This is not something left to the discretion of the Government. This is another point that I must highlight lest people who have listened to his speech think that the Government will abuse its power. Now, I will provide a consolidated reply to a number of key points mentioned in the discussion just now.


8653

As I mentioned in my opening speech, fake news is extremely harmful to society, especially when the false information contains fabricated facts which incites hatred towards the Government. The Secretary for Home Affairs will seriously examine the experience and practices of other countries and places in tackling fake news and false information to provide reference for the next step of work. At present, there is not yet any legislation against fake news, but the Government will combat it using some practicable administrative and legal means. Under the existing legal framework, we will take enforcement actions according to the key principle of "strict application and enforcement of the law with rigorous prosecution against offenders". If anyone disseminates inappropriate information, the Police can pursue the matter under the Crimes Ordinance or the Hong Kong National Security Law. We have always spared no effort in maintaining public safety and public order, as well as safeguarding people's life and property. The Police will definitely investigate into the illegal acts committed by lawbreakers through the Internet and strictly enforce the law against them. We have also taken note of the views put forward by Members during the debate today. Just now, some Members made mention of such issues as stopping websites which spread false information from operating. Here, I wish to make the point that the Police will conduct investigation into any attempt to spread false information on the Internet with the intent of inciting hatred or violent acts, and will require service providers to remove inaccurate or inappropriate information. If the publication of an electronic message is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security, the Police may exercise the power specified in the Implementation Rules for Article 43 of the Hong Kong National Security Law to take a disabling action on the electronic message. Finally, I appeal to the general public again that they should be wary of false information and fake news. The Security Bureau and the Police will, as always, make use of all feasible administrative and legal means to combat the dissemination of false information and fake news. Also, we hope that everyone in the community will pull together and say "no" to violence with one voice, so as to get the whole community back on track.


SECRETARY FOR HOME AFFAIRS (in Cantonese): President, first of all, I wish to thank some 20 Members for putting forward many valuable views on "Enacting legislation to combat false information on the Internet" today. I will now provide a consolidated response to some key points which have just been raised and discussed. The Basic Law protects the freedom of speech of Hong Kong residents, but such freedom is not without bounds. Despite the absence of legislation that expressly addresses online false information in Hong Kong, there are a number of legislative provisions that may be applicable to online speech. These include criminal intimidation under the Crimes Ordinance (Cap. 200) and blackmail under the Theft Ordinance (Cap. 210). Inappropriate speech published online may also contravene other offence provisions, such as the data protection principles under the Personal Data (Privacy) Ordinance (Cap. 486), infringement of copyright, libel, or the common law offence of incitement to commit public nuisance if such information poses a threat to public safety. The implementation of the Hong Kong National Security Law since last year has yielded immediate and noticeable results with stability restored in our society and public safety ensured. Articles 21, 23, 27 and 29 of the Hong Kong National Security Law all prohibit such acts as incitement to secession and commission of terrorist activities. Actually, in the response made to the relevant issue last week and today, the Government has cited Article 43(4) which specifies that message a person who published information or the relevant service provider can be required to delete the information or provide assistance. Today, having listened to the speeches made by various Members in this Council, I believe we all agree that national security is a matter of top priority for any country. It is a very serious offence to endanger national security. In order to safeguard national security, we will definitely deal with electronic messages which endanger national security seriously in accordance with the law. Just now, Mr KWOK Wai-keung mentioned that governments of other countries had legislated against false information. We have noticed that in recent years, some overseas jurisdictions have enacted different legislation for regulating online speech or information, but the scope and enforcement framework of the legislation vary among different places due to the different purposes for which the legislation provisions are enacted, for example:


8655

- the legislation of Germany mainly focuses on requiring prompt removal of hate speech, fake news and illegal materials from social media;

- the legislation of Australia requires network service providers to

remove violent contents expeditiously; - the legislation of France places a specific focus on election,

involving widely disseminated fake news that will disrupt social order or influence an election;

- the legislation of Singapore prohibits any false statement that is

prejudicial to public safety or public peace in Singapore, or to such matters as the friendly relations between Singapore and other countries, etc.;

- the White Paper published by the United Kingdom Government

proposes making network service providers legally responsible for the illegal online content which is damaging to individuals or the country, coupled with establishing an independent regulator to regulate and remove relevant content which includes incitement of violence, encouragement of suicide and cyberbullying, as well as to subject content involving terrorism or child abuse to stringent regulatory standards.

Apart from the above countries, we have also noted that the House of Representatives of the Parliament of Malaysia passed the third reading of a bill to repeal the Anti-Fake News Act 2018 just four months after its passage by the Parliament in April 2018. Evidently, this kind of legislation involves a wide variety of issues with sensitivity and complexity. To put it simply, national security is the cornerstone of national stability and the bedrock of people's well-being. Therefore, safeguarding national security is the top priority for every country around the world. An inalienable part of the People's Republic of China, the Hong Kong Special Administrative Region bears the constitutional responsibility to safeguard national security. Like all compatriots in the country, Hong Kong residents share the obligation to safeguard national sovereignty, unification and territorial integrity. In fact, as stipulated in Article 3 of the Hong Kong National Security Law, the authorities of the HKSAR shall prevent, suppress and impose punishment for any act or activity endangering national security in accordance with the law, while Article 9


specifically sets out: "The Hong Kong Special Administrative Region shall strengthen its work on safeguarding national security and prevention of terrorist activities. The Government of the Hong Kong Special Administrative Region shall take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security, including those relating to schools, universities, social organizations, the media, and the Internet." False information has drawn growing global concern, owing to its impact on information flow and broad implications on public safety, security and other social issues. Today, I have heard various Members citing a number of examples seen in the past. It is thus evident to us that Hong Kong and many overseas places all need to strengthen these measures and endeavour to curb the dissemination of false information. The Government will seriously examine the experience and practices of other countries and places in tackling fake news and false information, so as to see how they can fit in with Hong Kong's actual situation and what loopholes need to be plugged, thereby providing reference for the next step of work. With only a few months left in the term of the current Legislative Council, we are afraid that we may not manage to run to the relatively tight schedule for presenting a bill within the next few months. But Members can rest assured that we will do this task in an expeditious and serious manner just as the Chief Executive said. Let me reiterate that most of the laws in the real world are applicable to the online world. Hence, members of the public should use the Internet in a lawful and responsible manner, and refrain from breaking the law. I appeal to members of the public to be particularly vigilant against rumours and pay close attention to information released by the Government, so as to avoid being misled by rumours. Thank you, President. PRESIDENT (in Cantonese): I now call upon Mr KWOK Wai-keung to move an amendment. MR KWOK WAI-KEUNG (in Cantonese): President, I move my amendment. The amendment moved by Mr KWOK Wai-keung (See the marked-up version at Annex 1)


8657

PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment moved by Mr KWOK Wai-keung be passed. PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (A Member raised his hand) Dr CHENG Chung-tai rose to claim a division. PRESIDENT (in Cantonese): Dr CHENG Chung-tai has claimed a division. The division bell will ring for five minutes. PRESIDENT (in Cantonese): Will Members please proceed to vote. PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed. Functional Constituencies: Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr WONG Ting-kwong, Ms Starry LEE, Mr CHAN Kin-por, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan, Mr Jimmy NG, Mr Holden CHOW, Mr SHIU Ka-fai, Mr CHAN Chun-ying, Mr LUK Chung-hung, Mr LAU Kwok-fan, Mr Kenneth LAU and Mr Tony TSE voted for the amendment. THE PRESIDENT, Mr Andrew LEUNG, did not cast any vote.


Geographical Constituencies: Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mr WONG Kwok-kin, Mrs Regina IP, Mr Paul TSE, Mr Michael TIEN, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Ms Alice MAK, Mr KWOK Wai-keung, Ms Elizabeth QUAT, Dr CHIANG Lai-wan, Mr Wilson OR, Ms YUNG Hoi-yan, Mr CHEUNG Kwok-kwan and Mr Vincent CHENG voted for the amendment. Dr CHENG Chung-tai voted against the amendment. THE PRESIDENT announced that among the Members returned by functional constituencies, 23 were present and 22 were in favour of the amendment; while among the Members returned by geographical constituencies through direct elections, 17 were present, 16 were in favour of the amendment and 1 against it. Since the question was agreed by a majority of each of the two groups of Members present, he declared that the amendment was passed. MS STARRY LEE (in Cantonese): President, I move that in the event of further divisions being claimed in respect of the motion on "Enacting legislation to combat false information on the Internet" or any amendments thereto, this Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Ms Starry LEE be passed. PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (No hands raised)


8659

PRESIDENT (in Cantonese): I think the question is agreed by a majority of each of the two groups of Members present, that is, those returned by functional constituencies and those returned by geographical constituencies through direct elections. I declare the motion passed. I order that in the event of further divisions being claimed in respect of the motion concerned or any amendments thereto, this Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. PRESIDENT (in Cantonese): Members have already been informed that as Mr KWOK Wai-keung's amendment has been passed, Mr Tommy CHEUNG has withdrawn his amendment. PRESIDENT (in Cantonese): Ms Elizabeth QUAT, you still have four seconds to reply. Then, the debate will come to a close. MS ELIZABETH QUAT (in Cantonese): I urge Members to support my motion. Thank you. PRESIDENT (in Cantonese): I now put the question to you and that is: That the motion moved by Ms Elizabeth QUAT, as amended by Mr KWOK Wai-keung, be passed. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (Members raised their hands) Dr CHENG Chung-tai rose to claim a division. PRESIDENT (in Cantonese): Dr CHENG Chung-tai has claimed a division. The division bell will ring for one minute.


PRESIDENT (in Cantonese): Will Members please proceed to vote. PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed. Functional Constituencies: Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr WONG Ting-kwong, Ms Starry LEE, Mr CHAN Kin-por, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan, Mr Jimmy NG, Mr Holden CHOW, Mr SHIU Ka-fai, Mr CHAN Chun-ying, Mr LUK Chung-hung, Mr LAU Kwok-fan, Mr Kenneth LAU and Mr Tony TSE voted for the motion as amended. Dr Pierre CHAN voted against the motion as amended. THE PRESIDENT, Mr Andrew LEUNG, did not cast any vote. Geographical Constituencies: Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mr WONG Kwok-kin, Mrs Regina IP, Mr Paul TSE, Mr Michael TIEN, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Ms Alice MAK, Mr KWOK Wai-keung, Ms Elizabeth QUAT, Dr CHIANG Lai-wan, Mr Wilson OR, Ms YUNG Hoi-yan, Mr CHEUNG Kwok-kwan and Mr Vincent CHENG voted for the motion as amended. Dr CHENG Chung-tai voted against the motion as amended. THE PRESIDENT announced that among the Members returned by functional constituencies, 24 were present, 22 were in favour of the motion as amended and 1 against it; while among the Members returned by geographical constituencies through direct elections, 17 were present, 16 were in favour of the motion as amended and 1 against it. Since the question was agreed by a majority of each of the two groups of Members present, he declared that the motion as amended was passed.


8661

PRESIDENT (in Cantonese): Member's motion with no legislative effect. Mr CHAN Kin-por will move a motion on "Promoting public health policy to let the elderly enjoy a quality life". Members who wish to speak please press the "Request to speak" button. I now call upon Mr CHAN Kin-por to speak and move the motion. MOTION ON "PROMOTING PUBLIC HEALTH POLICY TO LET THE ELDERLY ENJOY A QUALITY LIFE" MR CHAN KIN-POR (in Cantonese): President, I move that the motion, as printed on the Agenda, be passed. My motion today aims to urge the Government to draw important lessons from the combat against the epidemic this time around. As long as people pay attention to hygiene and lead a healthy lifestyle, their chances of contracting illnesses can be greatly reduced. Therefore, I urge the Government to promote a health policy in full steam. That way, it can cope with the challenges presented by population ageing at a lower economic cost and enable people to live a longer and healthier life in the future. Hong Kong is facing the problem of population ageing. According to a projection made by the Census and Statistics Department, the number of people aged 65 above in Hong Kong will rise from the existing 1.37 million to 2.7 million in 2051, an increase of nearly 100%. By that time, demands for healthcare and social welfare services will definitely soar. On the other hand, healthcare expenditure has seen a year-on-year increase over recent years. In 2017-2018, healthcare expenditure stood at around $70 billion, and it has risen to $115 billion in this financial year. Within a short span of five years, healthcare expenditure has already increased by 65%. In order to cope with future needs, the Government launched the first 10-year Hospital Development Plan ("the 10-year Plan") in 2016 and dedicated $200 billion to increasing the numbers of hospital beds and operating theatres. At present, the Government is preparing for a second 10-year Plan with a budget estimate of as much as $270 billion. Foreseeably, the Government may have to


launch a few more 10-year Plans when an ageing society comes into being in order to meet social needs. By that time, healthcare expenditure will definitely surge, and this will exert tremendous pressure on the finances of the Hong Kong Special Administrative Region. Population ageing aside, the pandemic outbreak of contagious diseases as a result of the failure to take forward public health-related tasks satisfactorily will likewise impose enormous pressure on the healthcare system. Members may remember how public hospitals were overcrowded with patients during the influenza outbreak at the beginning of 2019 in Hong Kong. Within three months, totally 356 people died, and this number is even higher than the number of deaths from the novel coronavirus in Hong Kong thus far. At the time, healthcare personnel were overwhelmed and exhausted, and their immense pressure had driven them to the verge of a mental breakdown. In order to relieve the pressure on the healthcare system, Financial Secretary Paul CHAN proposed in his Budget of that year to allocate dedicated funding to support healthcare personnel. This included an allocation of $700 million to provide additional allowances and recruit more manpower, alongside the allocation of an additional $5 billion for procuring medical equipment. The novel coronavirus outbreak this time around is a huge disaster to mankind. But the experience and bitter lesson this time have likewise served indirectly as a large-scale experiment. According to the figures of the Hospital Authority, some 11 000 people were hospitalized for treatment due to influenza in 2018 and 2019 each year. But during the epidemic in 2020, the number plummeted to around 2 900, a decrease of 75%. Similarly, the number of influenza cases reported by private medical clinics also dropped significantly by 40% to 50%. What has been done to prevent the novel coronavirus has resulted in the prevention of influenza as well. Of course, after the epidemic has subsided, people may not be as vigorous as before in epidemic prevention. But the Government can develop a health education policy to motivate people to pay attention to personal and public health, and to encourage people to wash their hands more frequently, wear a mask if they are ill, do more exercise, participate more in healthy outdoor activities and undergo physical check-ups more often. I believe all this can effectively reduce the chance of contracting illnesses. Actually, the massive influenza outbreak in each of the recent years in Hong Kong not only has led to death cases, it has also directly consumed substantial medical resources. The outbreak of influenza is


8663

possibly ascribable to a low hygiene awareness among people. With the experience in preventing the epidemic this time around, I believe that as long as Hong Kong can sustain the promotion of a hygiene awareness, the outbreak of influenza or other contagious diseases can definitely be reduced significantly. Overseas studies have shown that healthcare expenditure can be effectively reduced by committing resources to healthy activities for people. As a study conducted by Harvard University discovered, if large enterprises launch wellness programmes for their staff, the medical cost incurred by their staff will fall by US$3.27 for every US dollar injected into such programmes, and absenteeism costs will likewise fall by US$2.73. Besides, the United States Government has introduced a Supplemental Nutrition Assistance Program ("SNAP") to provide food purchase subsidies to 20.5 million families. A study conducted in 2017 found that the annual expenditure on medical and healthcare incurred by SNAP participants was on average US$1,400 lower than that of non-SNAP participants. As indicated by the relevant studies, investing in health promotion programmes can significantly reduce healthcare expenditure. Even though the studies concerned were conducted in the United States, I think their findings are applicable worldwide. If we do a computation for the second 10-year Plan based on the research findings of Harvard University that US$3.27 in medical costs can be saved for every US dollar invested, then we can see that perhaps the Government's spending of $82.5 billion for promoting wellness programmes can already obviate the need for committing $270 billion to the entire plan, and it may dispense with the need to construct so many hospitals. But of course, the reality is not as simple as this. I am merely making a comparison, so that Members can understand clearly the powerful effects that can be produced by promoting a health policy. As a matter of fact, many people have realized or understood the importance of health after this epidemic. As discovered by a survey conducted late last year, 83% of the respondents considered health to be more important than wealth. This explains why more and more people have developed a liking for activities that are beneficial to their physical and mental health over the past year, such as going on hiking and outings to the countryside. I believe that if the Government begins to promote a healthy lifestyle now, it will obtain the support of many people.


Apart from reducing public expenditure, the health policy I talk about also carries a more important and meaningful objective of fostering physical fitness among Hong Kong people. Actually, the life expectancy of Hong Kong people is among the longest in the world. But if they are plagued by various illnesses during their long life, then a long life can instead be a living hell and torture to them. Therefore, I think that a long life is enjoyable only with good health. If people are healthy, they need not spend any money seeing a doctor, and their wallets will also be healthy. Recently, the Government launched the Territory-wide Physical Fitness Survey for the Community. It is the third time that the Government has conducted such a survey, and the purpose is to set up a database on the physical fitness of Hong Kong people and examine the relationship between people's exercise patterns and their physical fitness, so as to facilitate the Government's formulation of measures for enhancing people's health. I fully support the survey, and I hope that the Government can conduct such surveys on a permanent basis because the data so collated are very important, in the sense that they can enable the Government to know the actual situation. The Government should formulate appropriate measures based on the needs of various age groups, so as to motivate people to do more exercise. Besides, the Government should provide more suitable sports facilities and venues. The Government has done a good job in recent years, in the sense that in new development areas, in particular, it has provided a relatively sufficient number of sports centres and sports grounds. The Budget of this year has even earmarked some $300 million for the implementation of a five-year plan for upgrading football pitches. But in order to promote a health policy and encourage people to do more exercise, it is indeed necessary to provide more venues and facilities. In the particular case of urban areas, if it is impossible to construct sizeable sports venues or centres, then the Government may consider the idea of setting up government-run fitness centres, so as to encourage people to take part in body-building exercise. At the same time, the recent years have gradually seen the setting up of fitness rooms in schools for students. I hope the Government can allocate resources for all secondary schools in Hong Kong, so that they can set up fitness rooms. That way, it may cultivate a good habit among students and inculcate a correct awareness of the need for frequent exercise.


8665

President, a health policy is extensive in scope, and I may be unable to bring up many other issues today. I hope the Government can consider my idea seriously and put it into practice. The reason is that as people are accustomed to epidemic prevention, it is now the best timing to promote a health policy for all, and this must begin with children. If the authorities succeed in cultivating a mentality of frequent exercise and a healthy life culture among all people, everybody will become healthy and happy. If we can solve the housing problem at the same time, the Government's popularity will certainly reach a record high. Therefore, regardless of who assumes office as the Chief Executive, this matter is worthy of his or her consideration. Thank you, President. Mr CHAN Kin-por moved the following motion: (Translation)

"That, since the outbreak of the Coronavirus Disease 2019 epidemic, people in general, as compared with the past, have attached more importance to personal and public hygiene, done more exercise and participated more in different recreational activities, so as to prevent virus infection; with a heightened health awareness in society as a whole, the health level of Hong Kong people has also risen; in fact, Hong Kong is facing problems in healthcare, elderly care, etc. brought about by population ageing, and these problems have exerted pressure on public finance; in this connection, this Council urges the Government to formulate a public health policy with a new mindset, including motivating people of various age groups to do more exercise, providing more sports facilities, creating an environment for a healthy lifestyle, and raising the awareness of personal and public health among Hong Kong people, so as to let people enjoy a long, healthy and quality life in their twilight years and in turn alleviate the social and financial pressure brought about by population ageing."

PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Mr CHAN Kin-por be passed.


SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I wish to thank Mr CHAN Kin-por for moving today's motion on "Promoting public health policy to let the elderly enjoy a quality life". Hong Kong has one of the highest health indices in the world, but like many developed countries, it is facing an ageing population. With life expectancy rising steadily for both sexes at birth, the proportion of people aged 65 or over is expected to rise significantly from 19.2% in 2020 to 35.8% in 2069. The ageing population will lead to an increase in expenditure on health and elderly welfare services, with implications for the sustainability of Hong Kong's public finances. It is an indisputable fact that the proportion and number of elderly people are gradually increasing, but the key is how we should maintain the physical and mental well-being of this group of people, so as to reduce their demand for and burden on healthcare services―especially public healthcare services―in their old age, and at the same time, to improve the quality of life of the elderly so that they can have a sense of security, a sense of belonging and a sense of worthiness. The issue of ageing population is closely related to the policies of various Policy Bureaux and is intertwined with each other. In the area of public health, the ageing population is putting tremendous pressure on existing healthcare services. The Government understands the importance of formulating comprehensive and appropriate long-term planning and has therefore implemented a number of timely measures to promote the long-term sustainable development of the healthcare system and to provide adequate hardware support to meet future service needs, including the development of primary healthcare services and the implementation of hospital development plans. I will focus on this area later. Regarding elderly welfare and services, "caring for the elderly" is one of the strategic policy objectives of the SAR Government. The subsequent establishment of the Elderly Commission and the formulation of the Elderly Services Programme Plan are all aimed at addressing the ageing of the population, providing appropriate long-term care services to the elderly in need, and enhancing elderly services and planning. It is evident that comprehensive planning and hardware facilities are required to address the problem of the ageing population. Therefore, various government bureaux and departments are committed to tackle the problem of the ageing population issue through


8667

multi-pronged policies and measures in order to enhance the health of the public and to meet the challenges brought about by the ageing population. Just now I have mentioned that in about 50 years' time, people aged 65 or over will account for more than one third of the population, which means that young people aged 16 or 17 today, who seem to have nothing to do with health and welfare services for the elderly for a long time, will be living in a society of "one elderly person in every three people" in half a century's time. For this reason, from a public health perspective, we believe that the most effective strategy to mitigate the impact of population ageing is the "prevention is better than cure" dogma that we have frequently heard, which is also what Mr CHAN Kin-por has just mentioned and what I would like to focus on today. With a rapidly growing and ageing population, Hong Kong's healthcare system has undergone significant changes in the past. In the light of the serious challenges posed by the rapid increase in demand for healthcare services, we have been implementing healthcare reform in recent years, proposing to reverse the current healthcare system and culture of attaching importance to treatment but not to prevention. We are making an effort to develop and enhance primary healthcare services, with a view to taking a major step forward in rectifying Hong Kong's healthcare system. In particular, the Government is gradually setting up district health centres ("DHCs") in all 18 districts as an important component of the Government's primary healthcare system. DHCs are operating with a new model and they are funded by the Government and operated by non-governmental organizations ("NGOs") with the concept of community-based, public-private partnership and medical-community collaboration, which aims at raising the awareness of disease prevention and managing personal health, enabling people to receive the care they need in the community, and helping to reduce the pressure on the public health system in the long term. DHC programmes are made of the first, second and third tier prevention programmes. The first-tier consists of health promotion and disease prevention activities. The second-tier prevention programme includes health risk assessment, screening for diabetes and hypertension. The third-tier prevention programme covers chronic disease management and community rehabilitation.


Following the establishment of the first DHC in Kwai Tsing District in September 2019, we have stepped up our efforts to prepare for the establishment of other DHCs in other districts, of which two operating contracts1 have already been awarded and sites in 10 districts2 have been confirmed correspondingly. In addition, the contract for the operation of Sham Shui Po DHC was awarded to St. James' Settlement and a service contract was awarded to the Hong Kong Sheng Kung Hui Welfare Council Limited for the operation of Wong Tai Sin DHC in September 2020. The Sham Shui Po DHC has been in operation since 30 June this year and the Wong Tai Sin DHC is expected to be opened by the end of June 2022. For the 11 districts where DHCs have not yet been able to set up by the current-term Government, NGOs will be subsidized by the Government to set up a smaller-scale and transitional "DHC Express" in each district to provide primary healthcare services focusing on health promotion and education, health risk assessment, chronic disease management, and so on, so as to lay the foundation for the establishment of a prevention-oriented primary healthcare system in the long run. How can the development of primary healthcare services address the problem of an ageing population? At the individual level, our vision is that every member of the public will have access to primary healthcare services, and it also serves as a long-term health partner to promote awareness of disease prevention and personal health management; in terms of optimizing the use of resources in society, primary care is a public-private partnership that works with patients, their families and the community to prevent disease and its progression. As far as the Government is concerned, primary care will help to relieve the pressure on the public healthcare system in the long run, thus enabling the sustainable development of healthcare services in Hong Kong. As for the prevention and control strategy for non-communicable diseases, the public may ask whether or not the development of primary healthcare can reduce diseases and hence the burden on the healthcare system. In fact, many 1 The Government has awarded the contract for the operation of Sham Shui Po DHC to St.

James' Settlement on 14 September 2020, and awarded service contract to the Hong Kong Sheng Kung Hui Welfare Council Limited for the operation of Wong Tai Sin DHC.

2 (As at early July 2021) The Government has finalized the sites for the erection of DHCs

in Sham Shui Po, Wong Tai Sin, Wan Chai, Eastern District, Yau Tsim Mong, Kwun Tong, Tai Po, Sai Kung, North District and Central and Western District.


8669

non-communicable diseases (commonly known as "chronic diseases"), such as cancer, diabetes and hypertension, can be prevented and we hope to prevent and manage these non-communicable diseases more effectively through the primary healthcare screening and follow-up efforts. In particular, the high cost of cancer treatment puts a great pressure on patients and society as a whole. In Hong Kong, non-communicable diseases are the leading cause of death, disability and health impairment. In 2020, more than half (55%) of over 50 000 registered deaths were caused by cancer, cardiovascular disease, chronic respiratory disease and diabetes. According to the results of the last population health survey (conducted in 2014-2015), the prevalence of hypertension, hypercholesterolaemia and diabetes was generally found to have increased with age. For example, the prevalence of hypertension rose from 4.5% among those in the age group of 15 to 24 to 46.4% among those in the age group of 55 to 64, and almost double to 64.8% among those in the age group of 65 to 84. At present, most people with hypertension are treated at facilities of the Hospital Authority ("HA"). Taking into account factors such as waiting times, the length of consultation for each patient and the fact that each consultation is with a different doctor, the current arrangements may not be the most efficient use of resources and the most beneficial approach to patients. In the framework of primary care, we have compiled the "Hong Kong Reference Framework for Hypertension Care for Adults in Primary Care Settings", and the aim is, on the one hand, to provide a common reference for medical professionals in the public sector and, in so doing, to provide continuous, comprehensive and evidence-based care for people with hypertension in the community; and on other hand, it also provides a reference for adults who are at risk of developing or are already suffering from hypertension and their carers to enhance their self-care ability and to raise awareness of the importance of prevention and proper management of hypertension. We published in 2018 "Towards 2025: Strategy and Action Plan to Prevent and Control Non-communicable Diseases in Hong Kong" with the aim to reduce the burden of disability and premature death caused by non-communicable diseases in Hong Kong by 2025. There are common behavioural risk factors (that is, unhealthy diet, physical inactivity, smoking and alcohol-related harm) in all major non-communicable diseases, but these risk factors can be prevented or improved. In 2019, we published the Hong Kong Cancer Strategy to provide evidence-based prevention and screening measures in order to achieve our goal of


reducing the incidence of cancer. Over the past few years, the Government has promoted cross-sectoral collaboration in building a healthy living environment through measures such as promoting healthy eating, physical activity, reducing the harmful effects of alcohol and smoking, and strengthening the healthcare system to safeguard public health. This shows that the policy direction is in line with the motion proposed by Mr CHAN Kin-por. To achieve a long and healthy life and prevent the emergence and growth of non-communicable diseases, we need to start with prevention by adopting a life-course approach and promoting healthy lifestyles in order to reduce the risk factors and lifestyle patterns that contribute to chronic diseases, such as smoking, alcohol consumption, unhealthy diet, physical inactivity, overweight and obesity. Many of the measures I am going to mention below have already taken into account the needs of the elderly people. In promoting healthy eating, the Government and the Committee on Reduction of Salt and Sugars in Food have been promoting diets with less salt and sugar, and promoting salt and sugar reduction throughout the city in various ways, including enhancing the transparency of product information, encouraging food manufacturers to improve the formulation of pre-packaged food, and encouraging restaurants to reduce salt and sugar and so on. Harmful Substances in Food (Amendment) Regulation 2021 ("the Amendment Regulation") was also passed by the Legislative Council on 14 July this year, with the support of Members. In addition to strengthening the regulation of many harmful substances in food such as mycotoxins, the Amendment Regulation has also included some hydrogenated oils, which are the main source of industrially produced trans fatty acids, as prohibited substances in food to protect public health. Smoking is also a major cause of cancer, upper respiratory disease and chronic obstructive pulmonary disease. The Government has therefore adopted various policies to encourage the public not to smoke, to discourage the widespread use of tobacco and to reduce the impact of second-hand smoke on public health with a view to safeguarding public health. We have been adopting a multi-pronged approach to strengthen tobacco control, including legislation, enforcement, publicity, education, provision of smoking cessation services and taxation. To protect public health, the Government published in the Gazette on 15 February 2019 Smoking (Public Health) (Amendment) Bill 2019 ("the Bill") to prohibit the import, manufacture, sale, distribution and advertisement of


8671

alternative smoking products, including electronic cigarettes, heated tobacco products and herbal cigarettes. The Bill is currently under discussion and scrutiny in the Legislative Council in the Bills Committee on Smoking (Public Health) (Amendment) Bill 2019. I hope that the Bill will be passed as soon as possible to prevent young people from starting the habit of smoking by using the new tobacco products. The Government has also introduced various measures, including the establishment and continuous expansion of no-smoking areas and the increase of tobacco duty from time to time. In terms of physical activities, regular physical activities can also bring various health benefits to help maintaining a moderate body weight, preventing and controlling non-communicable diseases such as diabetes, hypertension and some cancers. To promote the interest of the elderly in physical activities, the Leisure and Cultural Services Department ("LCSD") organizes activities for the elderly to encourage them to participate in physical activities and develop a healthy lifestyle. In addition, LCSD has co-organized the "Healthy Exercise for All Campaign" with the Department of Health ("DH") since 2000 to promote exercise for all, and organized recreational and sports activities with DH, community groups and schools, including a fitness programme for the elderly. As we have mentioned earlier, if we want to lead a healthy life, we must start at a young age. Medical evidence shows that breastfeeding helps to reduce the risk of breast and ovarian cancer in women. Therefore, the Government is committed to promote and support breastfeeding, including the establishment of the Committee on Promotion of Breastfeeding in 2014 to provide specific recommendations on further promotion, maintenance and support of breastfeeding; encourage the implementation of the Establishing Breastfeeding Friendly Workplace; promote Breastfeeding Friendly Premises and enhance breastfeeding promotional efforts and education and so on. Legislative work is also very important. Meanwhile, the Employment (Amendment) Bill 2019 was passed by the Legislative Council last year―thanks to Members' support―to extend the statutory maternity leave from 10 weeks to 14 weeks in Hong Kong, which will help to support and encourage working women to continue breastfeeding and bring benefits to the health and development of their children.


The Government has also introduced the Discrimination Legislation (Miscellaneous Amendments) Bill 2018 and the Sex Discrimination (Amendment) Bill 2020, which were passed by the Legislative Council in June last year and March this year respectively. They have extended the scope of protection under the Sex Discrimination Ordinance (Cap. 480) to prohibit discrimination and harassment against breastfeeding women. The relevant legislative amendments came into effect in mid-June this year. As for the prevention and control of infectious diseases, Mr CHAN Kin-por mentioned earlier that the current epidemic and infectious diseases also put great pressure on the medical system, I believe that we all agree with that after experiencing the fight over the epidemic in the past year or so. An important strategy for the prevention and control of infectious diseases, be it COVID-19 or seasonal influenza, is vaccination. Vaccination is one of the most effective ways to prevent diseases and their complications and to reduce the risk of hospitalization and death due to illness. Over the years, the Government has been encouraging the public, especially those at high risk, including the elderly, to receive seasonal influenza vaccination as early as possible and has been providing free or subsidized seasonal influenza vaccines to eligible persons through Government Vaccination Programmes and Vaccination Subsidy Schemes every year. Similarly, as the risk of serious illness due to COVID-19 increases with age, there is a worldwide effort to promote vaccination of the elderly with the new coronavirus vaccine. As of 15 July 2021, only about 26% of people aged 60 or above have received their first dose of the new coronavirus vaccine in Hong Kong, which is far from satisfactory. According to the latest recommendations of the Scientific Committee on Vaccine Preventable Diseases and the Scientific Committee on Emerging and Zoonotic Diseases under the Centre for Health Protection of DH joined by the Chief Executive's Expert Advisory Panel on New Coronavirus Vaccination, elderly people are the highest risk group for complications and deaths due to the 2019 coronavirus disease. Therefore, I would like to reiterate my strong recommendation to the elderly people to receive the new coronavirus vaccine to prevent infection. Mental health is also very important. Elderly people will face physical, psychological and social changes as they grow older. Therefore, the Government attaches great importance to the mental health of the elderly and has launched various programmes to promote positive mental health messages to the


8673

elderly, which includes the Community Partnership Programme under the Joyful@HK project. The Programme is a collaborative effort between the University of Hong Kong, the Chinese University of Hong Kong and community partners, including non-profit organizations, to implement evidence-based mental health promotion programmes in the community to enable people of all ages, including the elderly, to have more positive thinking in their lives and to increase their knowledge of common mental health problems. A training manual has been developed for use in the community so that the programme can be promoted and developed in the community on an ongoing basis. Regarding the support for the elderly people with dementia, the Food and Health Bureau, in collaboration with HA and the Social Welfare Department, launched a two-year pilot project called the Dementia Community Support Pilot Scheme in February 2017 to provide community support services to elderly people aged 60 or above with mild or moderate dementia and their carers through District Elderly Community Centres ("DECCs"). The Dementia Community Support Pilot Scheme was regularized in February 2019 and extended to all 41 DECCs in Hong Kong in May 2019. It is expected over 2 000 elderly and carers are benefited from the Scheme each year. In terms of service delivery, DH's elderly health services are currently provided in 18 elderly health centres and performed by 18 elderly health outreach teams. The aim of these primary healthcare services is to meet the various health needs of the elderly, with a view to enhancing the ability of the elderly to take care of themselves, encouraging them to develop good lifestyle habits, and promoting support from family members and carers to reduce the risk of illness and disability among the elderly. DH has launched a pilot project on medical-social collaboration in four elderly health centres. The pilot scheme was launched in collaboration with NGOs with experience in serving hidden elderly people, such as DECCs and neighbourhood elderly centres ("NECs"). Social workers from these organizations will identify and refer "hard-to-reach" elders, especially those with limited social networks and lacking regular medical care, to the elderly health centres for priority services including health assessment, treatment, individual counselling and health education. In Hong Kong, 211 subsidized DECCs and NECs have been organizing regular healthcare activities for the elderly, and some DECCs also provide simple health screening equipment to promote self-health management. A number of government departments are also actively promoting "active ageing" so that the


elderly can stay active and enjoy a quality life in old age, for example, by providing various courses according to their interests and needs. (THE PRESIDENT'S DEPUTY, MS STARRY LEE, took the Chair) Many of the policies and measures mentioned above can only be implemented if they are reinforced by the necessary hardware and proper planning. The Government recognizes the importance of proper long-term planning to facilitate the timely commencement, implementation and completion of major hospital development projects to meet future service needs. Just now Mr CHAN Kin-por has mentioned our first and second 10-year Hospital Development Plans. The Government announced in the 2016 and 2018 Policy Addresses the implementation of the First and Second 10-year Hospital Development Plans respectively. When all the projects are completed, over 15 000 additional hospital beds and other medical facilities will be provided, which will be roughly sufficient to meet the projected demand for services up to 2036. In terms of facilities and planning, LCSD has been providing recreational and sports facilities for the elderly since 2002, and has set up free "Elderly Fitness Corners" in suitable parks and playgrounds, where fitness equipment are designed and provided to meet the needs of the elderly to encourage them to do more physical stretching activities. To date, LCSD has established more than 530 outdoor recreation venues providing about 2 790 groups of elderly fitness facilities. On the planning front, the Government reintroduced the planning ratio for elderly services into the Hong Kong Planning Standards and Guidelines under the Elderly Services Programme Plan in 2018, with a view to increasing the number of residential care places in the coming decades. A more recent example is that the Planning Department is exploring the incorporation of the concept of "dynamic design" into the shaping of Hong Kong's cityscape and architectural environment, such as enhancing the accessibility of various activity areas, creating a walking and cycling-friendly environment, and so on, in order to help integrating sports into everyone's daily life, thereby enhancing the level of physical activity and promoting healthy living.


8675

Just now I have explained at length the work and benefits of developing primary healthcare, as well as other policies and projects to address the ageing population and reduce the burden on healthcare services. I will now explain the newer ideas we have adopted in recent years, such as the setting up of the Elderly Health Care Voucher Scheme and the promotion of the Voluntary Health Insurance Scheme ("VHIS"), encouraging the wider use of private healthcare services and adjusting the balance between the public and private healthcare systems, with a view to relieving the heavy pressure and burden on the public healthcare system. The Elderly Health Care Voucher Scheme provides eligible Hong Kong seniors aged 65 or above with an annual health care voucher of HK$2,000 (subject to a cumulative cap of HK$8,000) to choose the private primary care services that best meet their health needs in their own community. Currently, health care vouchers are available for medical services provided by medical practitioners, traditional Chinese medicine practitioners, dentists, nurses, physiotherapists, occupational therapists, radiographers, medical laboratory technologists, chiropractors and optometrists registered in Part I of the Register under the Supplementary Medical Professions Ordinance (Cap. 359). By allowing the elderly to choose private healthcare services that best suit their needs, the Government plans to experiment with the "money follows patient" concept, a relatively new concept that complements the existing public healthcare services and promotes the concept of family doctors. As at the end of June 2021, more than 1.39 million elderly people, or 96% of the eligible elderly population, have used the healthcare vouchers. The cumulative number of healthcare voucher claims exceeded 31.66 million and the total amount involved exceeded HK$13.7 billion. VHIS has been fully implemented since 2019 to provide tax deductions for people who purchase approved products to encourage them to purchase approved products and use private healthcare services with insurance protection. The key features of Certified Plans under VHIS include: (a) renewal of the policy to age 100 (non-reunderwritable) irrespective of any change in the insured's health status; (b) no "lifetime benefit limit"3; and (c) coverage is extended to cover unknown pre-existing conditions, day surgery (including endoscopy), diagnostic imaging tests, non-surgical cancer treatment and so on. 3 No "lifetime benefit limit" i.e. the insured person's benefits will be continued until he or

she reaches 100 years of age.


In recent years, HA has implemented a number of public-private partnership programmes to provide patients with more choices of medical services. HA will continue to use the investment return from the HA Public Private Partnership Fund to implement various public-private partnership projects. It will continue to communicate with the public and patient groups and work closely with stakeholders to explore the feasibility of implementing more public-private partnership services to meet public demand for healthcare services, and to improve the quality of healthcare services for the community as a whole. With the increasing number of public-private partnership projects, the Government has developed a territory-wide electronic platform for the Electronic Health Record Sharing System ("eHealth"), with the objective to create a free and lifelong electronic health record for Hong Kong people, which will enhance the continuity of care and to enable two-way record sharing between public and private healthcare providers. This approach will in turn provide an information technology platform for the implementation of public-private partnership projects. Participation in the system is voluntary and free of charge for the public and healthcare providers. Deputy President, finally, I agree with what Mr CHAN Kin-por has said just now, that is, today's issue covers a very wide range of issues, not just in a particular policy area or age group. Given the time constraint, my response will focus on the prevention-based public health policy, services and measures especially for the elderly, and the challenges posed to the healthcare system by the ageing population. We (including the Under Secretary for Home Affairs and the Under Secretary for Labour and Welfare who are also present today) are happy to listen to the views of Members on the motion. I will give a general response to the motion and the views of other Members in my closing remarks. Thank you, Deputy President. DR PRISCILLA LEUNG (in Cantonese): Deputy President, a journalist friend of mine told me recently that his mother had developed dementia. I have noticed how exhausting it is for him to cope. He is a single person with vigour initially, but due to the need to take care of his elderly family members, he has now suffered a nervous breakdown, very much to my worry. With the ageing of Hong Kong society, such problems will definitely get more serious.


8677

Just now, the Secretary said that by 2030, the number of people aged 65 in Hong Kong―instead of 60―would increase to 2.13 million, and this would account for nearly 28% of Hong Kong's total population by then. Members must consider this in tandem with the reluctance of our next generation to give birth or the migration of some people. All this is predictable. Has Hong Kong prepared itself for this? Has the healthcare system of Hong Kong prepared itself for this? Traditionally, people often emphasize "clothing, food, accommodation and transportation". In contemporary society, the "clothing" here should be replaced by "healthcare" in my view. Clothing is not a problem in Hong Kong society, but in the case of healthcare, there are major problems. Among "clothing, food, accommodation and transportation", transportation is costly. After 10 years of hard work and relentless lobbying, we have finally succeeded in striving for "$2 rides throughout Hong Kong". All along, the Government has refused to accede to our demand by putting forth various pretexts, some examples being that a recurrent expenditure of $3 billion is way too much, or the Octopus card may be abused. Even today, the Government has still put forth "abuse" as an excuse. I personally think that this is totally unconvincing. But this initiative can be actualized this year at long last, and I believe it will be implemented very soon. Apart from our wish to provide a form of welfare benefit, we propose to lower the eligible age for "$2 rides throughout Hong Kong" to 60 actually because of our hope that those retirees who are still in good shape can return to the workforce and at least enjoy a normal social life. This can even alleviate the burden on the public healthcare system, and it can be said that this is a worthwhile initiative. For this reason, I must repeat myself here. I hope that in the days ahead, the Government can revitalize the decision-making system in the bureaucracy and its mindset, so as to make things work instead of saying "No" to me at the outset. The second point concerns healthcare. People who have retired, especially those from the middle class, were born during the baby boom after the war, and they will become elderly people within 10 years. Initially, most of them could enjoy medical protection provided by their employers, and they had also taken out medical insurance policies. In this regard, I must honestly seek


enlightenment and assistance from Mr CHAN Kin-por on one issue, the issue that the insurance policies of many people whom I know have been terminated without them knowing it and cannot be renewed as they reach 60 years of age. In that case, they can only turn to the public healthcare system. They are psychologically unable to accept this because all along, they sought medical consultation from private doctors. In this regard, may I ask how to avoid the termination of an insurance policy of a policyholder who has turned 60? They paid insurance premiums all along. But as they turn 60, an important age when they will be in greatest need of insurance protection, they are nonetheless no longer under any insurance protection. Longevity has now become a reality. A long life up to 120 years is certainly something good, and it really stands a good chance of happening because people have begun to pay more attention to their health and do body-building exercise. But in that case, how can we ensure that "an old person can really be like a treasure to the family"? How can we enable elderly people who used to be self-subsistent in the past to plan for their retirement life? They definitely do not want to be a burden to society, and they have repeatedly expressed to me their wish to live their life in dignity and become a real treasure to society and their families. In the light of all this, I will say the most important of all is to plan early―this applies to individuals, to the Government, and also to society alike. Deputy President, I so submit. MR YIU SI-WING (in Cantonese): Deputy President, according to the projection of the Census and Statistics Department, the proportion of people aged 65 and above in the population is now close to 20%. It is an indisputable fact that the population of Hong Kong is ageing. For this reason, the Government has the responsibility to put in more resources to ensure a quality life for the elderly in their twilight years. In general, there are three types of living arrangements for the elderly: ageing in place, ageing in institutions and ageing in place in the community. Ageing in place means living at home and relying on care from family members or practicing self-care. Ageing in institutions means living in an elderly home. Ageing in place in the community means relying on


8679

community care during the day and returning to live at home at night. Although the Government has put a lot of resources in building elderly homes, elderly day care centres, etc., in recent years, it has only addressed the basic demand for facilities and there is still quite a long way to go to fulfil the needs for high-quality elderly life. Mr CHAN Kin-por has suggested that the Government should provide more sports facilities and create an environment for a healthy lifestyle so as encourage the elderly to do more exercise. In addition to that, I consider it equally important to leverage the existing hardware and software in the community to add different services and provide more incentives, so as to encourage the elderly to make use of community facilities to broaden their social circles. Deputy President, under normal circumstances, most elderly people who can take care of themselves would like to age in place so that they can enjoy a free and comfortable life in their twilight years. Of course, while ageing in place, the elderly also need to expand their social space and participate in different kinds of group activities to balance their body and mind as a prerequisite to slowing down their ageing process. At present, all districts of Hong Kong are provided with various recreational and sports facilities, including parks, municipal complexes, sports venues, swimming pools and libraries. In addition, there are about 70 community halls and 37 community centres throughout the territory. Unlike festive days, the usage rate of the aforesaid facilities is not too high on weekdays. In particular, the average usage rate of community halls and community centres is only around 60% to 70%. In my view, the Government should find ways to enhance their functions, provide more elderly services and encourage the elderly to participate in different activities in the community so as to reduce their sense of loneliness. The first recommendation is to provide dedicated community canteens for the elderly. The most frequent need of the day for the elderly is a meal. Due to their physical limitations, they do not eat much, so cooking their own meals is a great burden in their life. Many cities in the Mainland have actually set up government-subsidized community canteens that serve mainly the elderly. These canteens charge prices far lower than the market ones and even provide low-sugar and low-salt dishes for the elderly with chronic diseases or special dietary needs. In fact, the Government may, drawing on such practices, work


with charities to identify suitable community centres in the 18 districts to set up canteens for the elderly and provide meal delivery services for the elderly who have difficulty in travelling. The second recommendation is to provide more activities in different forms for the elderly. Apart from the general existing interest classes in dancing, gymnastics, photography, calligraphy, and so on, and in order to enhance the elderly people's healthcare knowledge, the Government may consider making mobile dieticians, Chinese medicine practitioners and family doctors available in the community on a regular basis for basic health assessments and organize talks on healthcare and disease prevention for the elderly. If they are widely available in all districts, the pressure on the healthcare system can be reduced. As for fees and charges, the Government may follow the practice of the current means test for Old Age Living Allowance, so that the financially stretched elderly people can pay lower costs, or even enjoy the services free of charge if they have special difficulties. At present, the non-profit organizations and charities have already had many successful experiences. As long as the Government has the determination, does good planning and increases its commitments, it should not be too difficult to promote the reintegration of the elderly into society. Deputy President, with these remarks, I support Mr CHAN Kin-por's motion. MR TONY TSE (in Cantonese): Deputy President, I thank Mr CHAN Kin-por for proposing the motion entitled "Promoting public health policy to let the elderly enjoy a quality life". As for the policy on addressing the problem of population ageing and those on welfare, healthcare, elderly services and general care for the elderly, they have been repeatedly under discussion by this Council. My impression is that, however, this is the very first time the Government is supposed to, as proposed in the motion, proactively promote a policy to encourage exercising by the public and their attaching more importance to both personal and public health, so that they can enjoy a healthy and quality life in their twilight years. I find this proposal really insightful.


8681

As a representative of the architectural, surveying, planning and landscape ("ASPL") sectors, I have long been, from the perspectives of urban planning, policies and regulations, and architectural design, considering ways to promote public health and encourage physical activity in order that the elderly people can enjoy a healthier life of better quality. A working group on the study of adequate housing and relevant complementary facilities for the elderly ("the working group") was jointly formed in 2015 by me and a number of experts from the ASPL sectors and the information technology sector as well as those experts conversant with elderly services to put forth various recommendations on promoting the provision of adequate housing and complementary facilities for the elderly by private housing developers. Among the recommendations are: updating the Hong Kong Planning Standards and Guidelines and amending the Town Planning Ordinance, the Buildings Ordinance, and related guidelines/codes; and, by offering better conditions of land sale and granting "bonus" GFA (gross floor area) as incentives, encouraging developers to build more residential units which are suitable for the elderly people to age in place and will facilitate inter-generational harmony. It is necessary to promote age-friendly architectural designs with complementary facilities, like widened doorways, enlarged washrooms, wheelchair-friendly corridors and lift lobbies, smart home systems showing how the elderly people are doing at home, etc. As regards public open space and space for sports, quite a number of new development areas have already done a good job today by providing local residents with cycle tracks, jogging trails, waterfront promenades, various indoor/outdoor stadiums, recreation facilities and fitness equipment for different age groups, and the like. Yet, the biggest problem lies in the fact that the old districts are so crowded with people and vehicles apart from being highly congested, where roads are narrow and ramps and stairways are common. Most of the pavements in the old districts are narrow but still filled with rubbish bins, power cubicles, bus-stops and directional signs, making it impossible for local residents to walk with ease. These are absolutely not of a kind of age-friendly design and must be improved.


Deputy President, some redevelopment projects originally intended to slightly widen the pavements, demolish some fences and remove certain public facilities to make it convenient for members of the public to walk and run, but all these were usually subject to the approval of a number of departments, such as the Planning Department, the Highways Department, the Transport Department, the Drainage Services Department, the Food and Environmental Hygiene Department, the Leisure and Cultural Services Department, the Fire Services Department, the Environmental Protection Department, the Electrical and Mechanical Services Department, the Home Affairs Department and so on, which really makes people feel dizzy. Worse still, some departments just passed the buck and played by their own rules. The projects were thus forced to be shelved, or that their progress were slowed down. This was exactly the case when I put forward a proposal on the provision of adequate housing for the elderly back then. It was precisely because a number of bureaux and departments were involved but no one was to take the lead nor was there anyone to do the coordination that the proposal had come to nothing. No one ever cared to follow up on it since then. Likewise, the motion proposed by Mr CHAN Kin-por today involves not just one bureau or department, but I hope that this time around, the Government will follow up on the matter in a more proactive manner and be able to, as emphasized by the Director of the Hong Kong and Macao Affairs Office of the State Council Mr XIA Baolong, bravely take up its responsibilities, daringly take on the challenge, do the right thing, stay close to the grass roots, be down to earth, be adept at acting pragmatically for the people, and win people's trust with sound governance achievements. Last but not least, moving to live in the Mainland cities in the Greater Bay Area (where living space is larger but the consumer price index is lower) would be another option if Hong Kong people wish to enjoy a healthy and quality life in their twilight years. This option is expected to become increasingly popular. I hope that the Government will step up discussion with the Guangdong Province authorities and relevant Mainland authorities on the introduction of more policy initiatives for the convenience of those Hong Kong people wishing to live in the Mainland. With these remarks, Deputy President, I support the motion.


8683

MR CHAN CHUN-YING (in Cantonese): Deputy President, as defined by the United Nations and the World Health Organization, an "ageing society" is one with 7% of a country's/place's population aged 65 or above; an "aged society" is one with more than 14% of the population aged 65 or above; and a "super-aged society" is a society with over 20% of the population aged 65 or above. As at the end of last year, there were 1.418 million people aged 65 or above in Hong Kong, accounting for about 19.1% of Hong Kong's overall population. Given its continuously increasing average life expectancy, decreasing birth rate and declining younger population, Hong Kong is expected to enter the stage of a super-aged society in near term. I am grateful to Mr CHAN Kin-por for proposing this motion which is meant to arouse society's concern about how the Government should adopt a new mentality in formulating a public health policy that enables the elderly to enjoy a quality life in their twilight years while easing the social and financial pressure associated with an ageing population. I support the motion. The Government has recently announced the lowering of the age eligibility of the "$2 transport fare concession scheme" (Public Transport Fare Concession Scheme for the Elderly and Eligible Persons with Disabilities) to 60, which is a rather down-to-earth initiative. The transport costs in Hong Kong are not at all cheap and retirees may choose to stay at home more often for this reason. With such new initiative in place, more elderly people will be encouraged to step into the local community and be integrated into society. After two decades' research efforts, a professor of psychology in the United States has concluded some factors affecting human life expectancy and written a book entitled The Longevity Project. Unexpectedly, of the six major factors determining human life expectancy as listed in the book, what comes first is interpersonal relationship. I believe that travelling around together with friends is a very effective way to maintain interpersonal relationships. Therefore, it is an excellent transport policy for the Government to provide the elderly people with more transport fare concessions to facilitate their travelling around the territory. There is no denying that an ageing population will directly result in an increase in public healthcare expenditure. Public spending on catering for the elderly (including recurrent expenditure on elderly services, healthcare and financial support for the elderly) has amounted to HK$91.9 billion in 2019-2020,


accounting for 20.8% of total government expenditure. As compared with that in 2012-2013, the amount has actually increased by an average of 11.4% year-on-year. As to the amount spent on healthcare for the elderly last year, it was as high as $39.9 billion. The never-ending increase in healthcare expenditure will mean a heavy burden on society, which rests squarely on the shoulders of those young and able taxpayers. Thus, the Government should get to the root of the problem, including by way of attempting to adopt a more forward-looking approach of investing resources in encouraging regular exercise by the elderly for the purpose of maintaining their physical and mental health, thereby cutting the relevant healthcare expenses that may be incurred otherwise. For example, the Government may encourage the elderly to take more walks. Walking is a simple exercise suitable for people of all ages and can take place anytime, anywhere. Walking helps improve one's blood circulation, relax the blood vessels as well as reduce the blood pressure, and can thus serve to lower the risk of heart disease. In order to increase the elderly's motivation to exercise, the Government may consider collaborating with providers of electronic payment services to, say, launch a "walk for health every day" reward scheme, under which an elderly person will be given $20 as a reward for having walked 8 000 steps a day. The sum needs not to be a big one, but at least, it signifies some form of encouragement from the Government given openly to recognize the perseverance of those elderly people exercising regularly. Besides, the Government can provide funding for organizing a dedicated structured exercise programme for the elderly which allows the elderly people to gather together and do exercise in a relaxed manner at such venues as ball courts and sports centres managed by the Leisure and Cultural Services Department in every district. In addition to exercising, it is also a desirable option for the elderly to go back to school to pursue education so as to build up their social circle. The local education scheme for the elderly was launched in the 1980s and many of our senior citizens still have a dream of studying in the university. In recent years, the Elder Academy Scheme has been extended to tertiary institutions, and the Government may consider expanding the Scheme further. Well, one is supposed to keep working and learning as he grows older and older, and pursuing lifelong learning by the elderly may set a good example of this. In turn, it will be of great benefit to the mental health of the elderly if they make good use of


8685

their time to acquire new knowledge and skills in order to keep abreast of the times. Finally, I would like to talk about the importance of developing good dietary habits by elderly people to minimize the risk of falling sick. With a balanced diet, they will naturally be in better health condition and able to happily enjoy their post-retirement life. Developed countries/places around the world are also facing the problem of population ageing. The television stations in such countries as Japan and Korea produce a lot of programmes on healthy eating for seniors. And so, the SAR Government should consider taking the lead in promoting the importance of a healthy diet for the elderly through the production of more programmes of the same kind by public radio and television stations. Deputy President, the elderly will soon become a major component of the local population. It is incumbent upon the Government to do more for these people who have contributed to society for most of their lives, so as to enable them to enjoy a peaceful life. I so submit, Deputy President. Thank you. MR FRANKIE YICK (in Cantonese): Deputy President, since the outbreak of COVID-19, members of the public have generally paid more attention to personal and public hygiene in order to prevent infection. At present, the most effective way to protect ourselves against the virus is certainly by vaccination, but many people are worried whether they are physically fit to receive the vaccines, and this has thus brought up another social issue: many Hong Kong people suffer varying degrees of health problems. Given the trend of population ageing in Hong Kong, it is estimated that the proportion of our elderly population will increase from 18.4% in 2019 to 33.3% in 2039, and the healthcare expenditure arising from population ageing is expected to increase significantly in the next 20 years, putting pressure on government finances. In view of this, the Liberal Party hopes that the Government will step up its promotion of public health-related policies to raise awareness of health among members of the public. In this way, not only will the elderly be able to enjoy a quality life in their twilight years, but the Government can also reduce its expenditure on healthcare.


There is an oft-repeated saying: Health is wealth. But slaving away every day to make ends meet, people generally forget about the importance of health, and this is especially true for the grass roots. In the case of professional drivers who have to stay in their vehicles for a long time, they are often at high risk of urban diseases due to a lack of exercise and bad eating habits. Apart from encouraging the public to do more exercise and develop good eating habits, the Liberal Party believes that regular medical check-ups are also very important. Just as the saying goes, "Prevention is better than cure". But an ordinary medical check-up package can easily cost more than $1,000 which is barely affordable for people at the grass roots, particularly professional drivers, who are already eking out a living. Recently, the Transport Department has provided an one-off free medical check-up service to taxi and public light bus drivers. While the main purpose of this service is to encourage more drivers to get vaccinated if their health conditions permit, the Government can actually draw on this experience and allocate more resources to encourage professional drivers to undergo regular medical check-ups, so as to reduce their risk of diseases. This will in turn avoid unnecessary traffic accidents, and protect the safety of passengers and other road users. What is more, this may reduce the Government's healthcare expenditure in the future, and ease the pressure posed by shortage of doctors and healthcare personnel at hospitals. This programme may even be further extended to the grass roots to enhance the overall health of the general public. What is equally important is getting efficacious drugs for treatment when health problems arise. In Hong Kong, there are over 18 000 registered drugs among which just around 1 300 have been included into the Drug Formulary of the Hospital Authority ("HA"). Many of the drugs for treating cancerous tumours and serious immune system diseases, and even those for treating rare diseases have been left outside the Drug Formulary, so patients need to purchase these drugs at their own expense. As these drugs are relatively expensive and have to be taken for a long period of time, average families and those in the middle class are already heavily burdened, let alone the grass roots. In fact, notwithstanding their relatively high prices, the drugs which patients take can reduce the patients' need for continuous healthcare service if they are efficacious, and this will end up easing the pressure on the public healthcare system. Therefore, the Liberal Party hopes that HA will expand the coverage of the Drug Formulary for the benefit of the public.


8687

Many diseases and health problems will have a higher chance of cure if treated early, but the community is now facing the problems of manpower shortage and limited resources in the public healthcare system, thus prolonging the waiting time of non-acute cancer patients for diagnosis and, in turn, reducing their chance of recovery due to exacerbation of their conditions. I am glad that the Government has accepted the Liberal Party's view on importing non-locally trained doctors, and introduced the Medical Registration (Amendment) Bill 2021("the Bill"). Although the Bill only opens a little door for importing overseas doctors, whatever can be done should be done. Apart from increasing the number of doctors, the Government should also strengthen public-private partnership by encouraging private hospitals or medical centres to provide healthcare services to patients of public hospitals at reasonable prices. The diversion of patients can shorten the waiting time for patients with different types of diseases, thus increasing their chances of being cured. With these remarks, Deputy President, I support the motion. MR KWOK WAI-KEUNG (in Cantonese): Deputy President, I believe many colleagues have also mentioned that as pointed out by the Hong Kong Population Projections 2020-2069 published by the Census and Statistics Department, in 2015, the population aged 65 or above accounted for about 18% of the population, which will increase to 34% by 2049, meaning that one out of every three Hong Kong people will be an elderly person by then. I need to thank Mr CHAN Kin-por for moving this motion because we have also mentioned that the SAR Government should plan ahead and make a series of plans and arrangements for the ageing population, and judging from the current situation, the planning is not enough. Another figure to note is that in 2020, the average life expectancy of Hong Kong people was already 85 years old, and Hong Kong was the place with the longest average life expectancy in the world. In terms of life expectancy, Hong Kong people should be very healthy, because longevity should be associated with good health, but in fact, more than 70% of the elderly in Hong Kong suffer from one or more chronic diseases. This shows a very contradictory phenomenon that we are living a long life unhealthily. This also brings out another point. We used to say that "it is a blessing to be able to live to over a hundred years and have many children and grandchildren", but when it has become a social phenomenon where many people can live a long life or the population is ageing, what it brings forth will be the risk of longevity. Do they have enough retirement protection?


Secondly, it poses pressure on public expenditure, especially due to the growing demand for healthcare and social welfare, and may thus affect the tax base. Deputy President, in fact, we can see that this is no longer a matter of personal lifestyle, but how the whole community can manage, deploy and strategize well so that population ageing can become an opportunity rather than a problem. Yesterday, we went with our colleagues from the Subcommittee on Issues Relating to the Silver Age Card to visit the Jockey Club "age at home" Gerontech Education and Rental Service Centre, which is funded by the Hong Kong Jockey Club, led by the Hong Kong Council of Social Service and co-organized by several non-governmental organizations. We saw that a lot of technological facilities can actually help us age at home. This is a business opportunity and a way to take good care of the elderly, so that they do not need to be admitted to a residential institution or a hospital and can age at home. However, this is just a starting point for now, and is not yet widespread enough. In addition, if we look a little further, we may see that a Hong Kong citizen, despite being a workaholic, actually does not want to enter retirement in a physically frail condition. Hence, in order to have a healthy life, in fact, we have to start from the young age. If you simply look at what a healthy life is on the Internet, actually many things need to be done. We certainly need to eat healthily, sleep healthily, do exercise, have a good family relationship as an emotional support, sunbathe regularly, cultivate our own hobbies and have a social life. In fact, all of these require time, but the working hours in Hong Kong are very long. In the face of long working hours, the series of activities I mentioned earlier that require time but can ensure physical and mental health will naturally be compressed. In that case, does the Labour and Welfare Bureau care about the policy to regulate working hours through legislation? Or is it only looking from the economic point of view, like the economic analysts hired by the Financial Secretary, who only look at the figures but do not see the actual situation? And so, will our retirement life be adding to the burden of the Government due to our inability to achieve work-life balance when we were young, and then to the gradual deterioration of our physical and mental health before we reach retirement age? In this regard, I think the Government should not act hastily, but should do well in its preliminary deployment and planning work, which is what a responsible government should do to prepare for the ageing of the population. Thank you, Deputy President.


8689

DR PIERRE CHAN (in Cantonese): Deputy President, I believe no one will object to raising the public's awareness of public health, providing additional sports facilities, and encouraging the public to do more exercise and pay more attention to their health. After the outbreaks of SARS and the Coronavirus Disease 2019 epidemic, most people are very health conscious without the Government's reminder. Shortly after the outbreak last year, most people already have high awareness of the need to wear masks and wash their hands frequently without any stipulation from the Government. I have said many times in this Council that the public's anti-epidemic awareness is a major reason why the epidemic is not as serious in Hong Kong. When it comes to the promotion of exercise, I, as a doctor, and sports enthusiasts are certainly very supportive. The Legislative Council Secretariat released a research report on "Promoting Physical Activity" in February this year. The report mentions that being physically active can reduce the risk of non-communicable diseases, such as breast and colon cancers by 21% to 25%, and diabetes and ischaemic heart diseases by 27% and 30% respectively. The report cites data from the Centre for Health Protection that in 2018-2019, one in six adults in Hong Kong, or 17% of them, had insufficient physical activity based on the recommendation of the World Health Organization ("WHO"), up from 13% in 2014-2015. More than 90% of primary and secondary school students were found not meeting WHO's recommendation of having at least 60 minutes of moderate to vigorous intensity physical activity daily. By exercise, we do not mean merely doing low level of exercise. Many patients tell me at follow-up consultation that they do exercise, that is, they go for a walk along the waterfront after dinner every day. WHO has a recommendation on exercise. WHO suggests that adults should engage in 150 minutes of moderate intensity physical activity every week, and it is not so easy for busy people in Hong Kong to do this. After I have participated in some soccer activities, I can say that I just meet the WHO standard. Engaging in 150 minutes of moderate intensity activity per week is not an easy standard to meet. The main reason why many people lack exercise, as mentioned by some Members earlier, is related to long working and study hours. If you want to know how long the working hours in Hong Kong could be, you may read the Prices and Earnings Report 2016 of UBS, in which Hong Kong was a city with the longest average working hours. The average working hours in Hong Kong were 50.11 hours per week, much higher than the global average of 36.23 hours,


and the minimum wage level was still seriously low compared to other advanced cities. However, whenever the labour sector proposes to set standard working hours and raise the minimum wage, the business sector will definitely raise objections while the Government will not actively intervene. The problem of students spending too much time on homework and tutorials has remained unresolved for a long period of time, as schools and parents think that learning means studying and doing homework. If the business sector, the Government and parents do not look at the problem of long working hours and study time with a new mindset, I believe that even if more sports facilities are constructed, it will be difficult to further promote sports and physical activities. In Hong Kong, long working hours, overwork, lack of exercise and lack of attention to a healthy diet can lead to health problems at an older age. As a public doctor, I have a deep understanding of this. By the way, smoking can cause many chronic diseases and cancer, and thus, tobacco control is very important. After years of efforts, the number of smokers of traditional cigarettes in Hong Kong has been reduced to about 10%, but the tobacco companies have their own position to introduce e-cigarettes and heat-not-burn cigarettes to attract young people to smoke, in order to increase and sustain the smoking population. The Government introduced the Smoking (Public Health) (Amendment) Bill 2019 two years ago, which seeks to ban alternative smoking products, and the Bill is still being scrutinized by the Bills Committee. I hope that the Bill will be passed for the sake of the public's health. The Government has proposed the concept of primary healthcare in the past 10 years or so, supposedly to reduce the burden of public hospitals. But no matter it is the establishment of the Primary Care Office, the Community Health Centres, or the District Health Centre in Kwai Tsing District in the recent two years as a pilot project, which is intended to be gradually extended to all districts, it seems to be not very effective. In March this year, I raised a question in the Legislative Council on the amount of money invested and the attendance of services in the Kwai Tsing District Health Centre since its operation. The Secretary for Food and Health replied that as at the end of last year, the revised estimate was $123.3 million; as for the attendance of services, there were 2 800 attendees for chronic disease management, 1 800 attendees for diabetes mellitus


8691

and hypertension, and 11 300 attendees for basic health risk factors assessment. The media have also quoted the information of my question and said that the services were not satisfactory. Regarding primary healthcare, the Chief Executive has said that she wants to reduce the number of hospital readmissions and rectify the phenomenon of emergency services as the first point of contact, but the current primary healthcare services have failed to achieve the original intention and help reduce the number of hospital readmissions. I hope the Government will think clearly about the original purpose and goal (The buzzer sounded) … of primary healthcare. Thank you. DEPUTY PRESIDENT (in Cantonese): Dr Pierre CHAN, your speaking time is up. Please stop speaking. MR LEUNG CHE-CHEUNG (in Cantonese): Deputy President, it is an indisputable fact that there are more and more elderly people in Hong Kong. It is indeed necessary for the Government to formulate a public health policy with a new mindset in order to enhance the health of the elderly. I therefore support Mr CHAN Kin-por's motion. I think the so-called "new" mindset can start from two initiatives. The first "new" initiative is to update the definition of the elderly. At present, the Government's healthcare policy generally defines elderly people as those aged 65 or above. However, many people approaching the age of 60 are already feeling obvious worsening of their physical conditions and suffering from various chronic diseases. According to a report of the Census and Statistics Department in 2019, the median age of the 2 202 100 chronic disease patients surveyed was 62. Therefore, I suggest that the Government should lower the age level in the definition of the elderly to around 60 years old, so that both the public and healthcare institutions can carry out health management in advance.


The second "new" initiative is to update the regional concept, and to include the entire Greater Bay Area in the scope of elderly healthcare services, instead of being limited to Hong Kong. I also have several suggestions in this regard, and the Government should pay special attention to them. The first is to establish a mechanism for reimbursement of medical expenses in other places and the accounts of different places can be offset against each other, so that Hong Kong people can enjoy the same medical benefits in Hong Kong when they seek medical treatment in the Greater Bay Area and other cities. Secondly, it is necessary to refer to the model of the University of Hong Kong-Shenzhen Hospital, so that hospitals of higher quality in Hong Kong and other countries can build joint hospitals in major cities in the Mainland. Thirdly, it is to construct a medical and health centre, combining healthcare and elderly resources to provide a full range of healthcare and elderly services, as well as a quality living environment for the elderly. Apart from the two "new" initiatives, the Government should also invest more in the existing healthcare services for the elderly. First of all, the role and functions of health centres should be strengthened. At present, there are many shortcomings in the services provided by health centres, for example, there are serious omissions in the types of diseases covered. According to a report of the Census and Statistics Department in 2019, Hong Kong residents have a high rate of hypertension, followed by high cholesterol and diabetes. However, the scope of services provided by the District Health Centres only covers diabetes and hypertension, but not cholesterol. This is not desirable and cholesterol should be included in the scope of services. In addition, local network providers of health centres should include more medical specialty services, such as services provided by chiropractors and dentists, in their scope. In addition, the Government should improve the Elderly Health Care Voucher Scheme, including studying the possibility of slightly expanding the scope of vouchers to allow the purchase of some high-demand medical supplies such as hearing aids. The Government should also expand the scope of vouchers to include day surgery procedures, such as cataract surgery and


8693

endoscopy services, and should study extending the application of vouchers to quality hospitals in the Mainland. If the Government implements all of the above recommendations, I believe the elderly will be able to enjoy a better quality of life in their twilight years. I so submit. Thank you, Deputy President. MS ELIZABETH QUAT (in Cantonese): Deputy President, Hong Kong's ageing population is growing. Our average age is 85. I often hear some elders say to us, "I am not afraid of old age. I am fine as long as I am able to walk, eat and sleep, and have money for my meals, a roof over my head and a cure for my illness." However, in Hong Kong, it is truly not easy to achieve the things just mentioned. First, to be able to "walk", it means you can move around. One can imagine if an elderly person cannot walk, his or her quality of life will change dramatically. It will be much worse. In our neighbourhood services, we sometimes come across some elderly people who are very active. They often participate in community activities and join our tours. They join all our events. However, if these elders fall and say, break their hips, they will have to be absent from our activities for a long time and stay home. If they have to stay home, they will certainly be unhappy. If they are unhappy, they will find it difficult to fall asleep. If they cannot sleep well, their quality of life will change. So, if we want these "old buddies" to be all able to walk around, they will first have to exercise to strengthen their bones, so that they can continue to walk even though they are old. Right? But are there sufficient recreational and sports facilities in the community for the elderly? Actually, we often ask the Government to provide more recreational and sports facilities for the elderly in the community. The process is truly very difficult. The proposal concerned often has to pass many hurdles; and the application and the queuing take a long time. Many elders grumble that we have to spend long time fighting for these facilities for them, saying that these facilities may still be unavailable to them by the time they die. So, if the Government truly cares about the elderly, I hold that it should strive to provide recreational and sports facilities in every district, especially in public housing estates, so as to encourage the elderly to do more exercise.


Moreover, I said just now that it will be disastrous if the elderly fall. Why do they often have multiple fractures when they fall? And why do they fail to recover from a fracture even after a long time? It is because many elderly people have osteoporosis. Actually, not only female elders, but also male elders have osteoporosis. But I notice that many people know very little about osteoporosis, and not many people would attach importance to this problem. When accidents happen, it would be too late. But has the Government conducted any in-depth investigation or research into the problem of osteoporosis? I notice that it has not. Has it conducted any screening of people for osteoporosis? I do not think so either. So, we suggest that the Government should consider conducting, through its existing network or a public-private partnership scheme, a free osteoporosis screening for all women aged above 50 and all men aged above 65. However, the Government should not consider its job done after the screening. It should provide follow-up examinations, treatment, etc., if problems were identified after the screening. If the elderly population is able-bodied, many problems have already been solved. And then it comes to having "a cure for an illness". I know that at present, many elders are waiting for appointments at public hospitals to seek medical care. As I have repeatedly said, how long does one have to wait to see a doctor for his knee pain? He has to wait for a few years before he gets a chance to see a doctor. If a person has poor eyesight and his vision becomes blur, i.e. he has cataract, how long does he have to wait for a medical appointment? He has to wait for a few years again before he can get some treatment for his eyes. So, if our medical services require elderly people to wait for a long time before they can receive medical treatment, their minor illness will become serious; and if so, how could the quality of life of the elderly be improved? As we often say, many elders will have peace of mind as long as they have a sense of belonging and a sense of security, and they have money for their meals and a roof over their heads. But are our elderly services adequate? I believe we all know that the elderly services in Hong Kong are not adequate. Elderly people still have to wait for a very very long time to get a place in a residential care home. And certainly, the Government will say in response that constructing residential care homes for the elderly needs land and housing, so there is always an urgent need to address the land and housing issues.


8695

There is an urgent need to provide more elderly services. And ageing in place is the wish of many elderly people. How can we enable more elderly people to enjoy ageing in place? More gerontechnology should be adopted and manpower should be stepped up. These are all very important. Last but not least, Deputy President, I wish to say that the Government is now promoting territory-wide vaccination. However, only 26% of the elderly over 60 and 10% of those over 70 have been vaccinated. Why do the remaining elderly not get vaccinated? It is because they think that they are frail and sick and thus they are worried about the possible health problems if they get vaccinated. So, it is very important to make available medical examination and consultation services for the elderly. As long as they cannot find a doctor to verify their suitability for the vaccines, they are not confident to get vaccinated. If the Government wants the elderly to be healthy and does not want them to catch the COVID-19 virus, it should provide medical examinations for the elderly, so that doctors can assure them that they are suitable to get vaccinated. Then they will be more willing to get vaccinated. Deputy President, I so submit. MR SHIU KA-FAI (in Cantonese): Deputy President, first, I thank Mr CHAN Kin-por for proposing this motion which discusses the health policy. Talking about the elderly, Hong Kong people know that there will be more and more elderly people. Given the need to help take care of the elderly in the future, the younger generation is subject to increasing pressure. Making early arrangements can thus ease their worries. Deputy President, I believe the SAR Government has done a good job in various areas; otherwise, Hong Kong will not boast the longest life expectancy for both male and female elders in the world. The numbers speak for themselves. Medical benefits, as well as recreational and cultural services which are under the portfolio of the Home Affairs Bureau, have played a part in taking care of the physical and mental health of the elderly. Even welfare policies, such as the $2 transport fare concession, have encouraged the elderly to go out more often, which is also helpful to their physical and mental health. The pre-healthcare just discussed has contributed to the long life expectancy for Hong Kong people. Having said that, when an elderly person


lives to a certain age, he or she will have to stay in hospital, no matter how good the healthcare services are. Does Hong Kong have adequate medical services in this regard? I believe many colleagues in this meeting already expressed their worries to Secretary Prof Sophia CHAN just now. Secretary Prof CHAN should be well aware of the present situation. The proposal for the admission of non-locally trained doctors has failed to win the support of local doctors. Mr Tommy CHEUNG has successfully fought for the introduction of the relevant bill this year. It is hoped that the system can be relaxed as soon as possible, so as to allow more doctors to come to Hong Kong. However, even if the number of doctors is increased, the hospital facilities and the hardware are also inadequate. As Ms Elizabeth QUAT said just now, patients have to wait a long time for a cataract surgery. Many elderly people are almost blind by the time they are scheduled for the surgery. A committee discussed elderly care services at its meeting last month, where it was said that one third, it is one third, of the elderly in Hong Kong who were waiting for a place at a residential care home had already passed away before they were allocated a place. So, it is well known that the services in this aspect are also inadequate. Deputy President, I believe that the Bureau also strives to provide adequate services, but in fact this is subject to certain limitations. One such limitation is the shortage of land. When land is inadequate in Hong Kong, the hospital problem cannot be solved and the elderly care problem will be hard to deal with. No matter how hard Secretary Prof Sophia CHAN works, she can do nothing about it. So, how can we find more land in the short term? I believe it is more appropriate to discuss this question on development or land-related occasions. In dealing with elderly care in the future, I know that apart from hospital doctors, consideration is now being given to community doctors. In other words, clinics will be established in the neighbourhoods. For instance, if an elderly person living in a housing estate has any health problem, he can receive medical care near his home. This will be a compromise solution. However, what can be done when an elderly person reaches a certain age and becomes bedridden? Some people can still walk at the age of 80, but what about when they are 85 years old? Can they still walk at 90 or 95? People now live longer and longer. One day, elderly people may become bedridden and need to be taken care of. How many people can stay home and take care of


8697

them? If the family members cannot do so, do they need some elderly care services? I am not directing Members to discuss this problem, but we do have to face this problem. This is a situation that will truly happen one day. Someone told me recently that you had to pay $9,000 for a place at a cheaper residential care home for the elderly. This is already very cheap. A small bed space at a more decent residential care home can cost $12,000 to $13,000. One can imagine if an ordinary household has to take care of two elderly members and both of them need to stay in a residential care home, each will cost the household $12,000 to $13,000. I am talking about the current market price. I wonder how much it will cost in 5 or 10 years. It may cost over $20,000. How could an ordinary household afford it? How could the household take care of their elderly members in the family? How much money does the Government have to take care of the elderly people, so that the younger generation can ease their worries? These problems will arise very soon, or they have already arisen because the cost of a place at a residential care home is already very expensive. Deputy President, as I have mentioned on another occasion, we must expeditiously find, or rent, some places in the Greater Bay Area, somewhere within the "one-hour living circle", for the stationing of a medical personnel. The location must be clean and have a good and hygienic environment, so that the medical personnel can care take of elderly people living there. It is because land is relatively cheap there. The food and the security there are safe. The location is convenient for visits by Hong Kong residents. Can the Government consider this proposal early? Can it think more and think in a wider perspective? We should open another avenue. I do not mean forcing elderly people to move to the Mainland. If some people prefer waiting four years for services available in Hong Kong, just let them do so. But if it only takes four weeks to get services in the Mainland, and some elderly people may wish to move there, (The buzzer sounded) … we should let them move there. Thank you, Deputy President. DEPUTY PRESIDENT (in Cantonese): Mr SHIU Ka-fai, your speaking time is up. Does any other Member wish to speak? Ir Dr LO Wai-kwok, please speak.


IR DR LO WAI-KWOK (in Cantonese): Deputy President, first of all, I would like to thank Mr CHAN Kin-por for moving the original motion. The Business and Professionals Alliance for Hong Kong fully agrees that the SAR Government should definitely step up its efforts in promoting public health policy so that more people can enjoy a quality life in their twilight years. Deputy President, population ageing continues in Hong Kong, and according to the Hong Kong Population Projections for 2017 to 2066 made by the Census and Statistics Department, population ageing in Hong Kong will accelerate notably: the number of elderly persons aged 65 and over is projected to increase sharply from 1.16 million (17% of the total population) in 2016 to 1.82 million (25%) in 2026. It will further increase to 2.37 million (31%) in 2036. By that time, there will be one elderly person in every three persons. Along with an ageing population and an ever-increasing life expectancy, it is expected that the demand for such services as public healthcare and community and residential care services for the elderly will continue to rise, putting increasing pressure on future public finances. (THE PRESIDENT resumed the Chair) For this reason, I have repeatedly referred to this subject in my suggestions to the Chief Executive on the Policy Addresses in recent years, including urging the SAR Government to put emphasis on the demographic changes in Hong Kong, especially the diminishing workforce and an ageing population, etc., and to comprehensively map out measures concerning people at different economic levels and their needs for various public services, so as to push forward short, medium, and long-term population policies to achieve sustainable development of Hong Kong's economy and society. Meanwhile, in the light of the key policy initiatives under the smart city blueprint, the SAR Government should make proper planning on transport, healthcare, environmental protection, elderly services, elderly care facilities, etc., by using innovative technologies and big data, with a view to striving to create a green and low-carbon smart community in Hong Kong. In addition, with the growing integration between Hong Kong and the Mainland, some elderly people would choose to live and retire in the Mainland. I have also repeatedly urged the SAR Government to strive with the Mainland


8699

authorities for the implementation of more concessionary measures to facilitate Hong Kong people's living in the Greater Bay Area, including improving cross-boundary ambulance services and discussing with the Mainland the idea of building a city for Hong Kong elderly people to live in (no official translation), which provide facilities and services such as convalescent institutions for Hong Kong elderly people residing in the Mainland. President, in the long run, we should find ways to enhance the health and vitality of the elderly in order to alleviate the social and financial pressure brought about by the ageing of the local population. Therefore, I fully agree with the main theme of Mr CHAN Kin-por's motion, namely that the SAR Government should definitely formulate a public health policy with a new mindset, raise the awareness of personal and public health among Hong Kong people, and put in resources to create an environment for a healthy lifestyle, including the provision of more recreational and sports facilities to motivate people to do more exercise and participate in various leisure and recreational activities. President, in fact, the quality of elderly life still boils down to the issue of housing. It is a matter of great urgency for the Government to expedite the construction of elderly homes to fulfil the demand. Among others, the utilization of the areas on the periphery of country parks and the green belts to build various community facilities, especially elderly homes, has recently been a subject of much discussion in the community. With regard to the long-term land development in Hong Kong, I hope that the Government will particularly consider how to make better use of the land in Hong Kong which is still undeveloped. President, with these remarks, I support Mr CHAN Kin-por's motion. MR WILSON OR (in Cantonese): President, I thank Mr CHAN Kin-por for moving today's motion. Being the Chairman of the Subcommittee on Issues Relating to the Silver Age Card, I have been urging the Government to provide welfare benefits that the elderly deserve, and pay attention to the needs of middle-aged and elderly people in the age range of 55 to 64, in addition to those aged 65. Today, I would like to remind the Government that the public health policy is lagging far behind and the lack of serious attention to maintaining the


physical and mental health of the public will actually lead to a gap in public healthcare services. Back in 2004, an international organization's study already revealed that when a person suffered from a serious illness, the cost of medical care would increase dramatically; if the person consequently died, the cost of medical care would increase six to sevenfold. Therefore, how to maintain the health of people of all ages is a crucial issue. If problems are not solved and needs are not fulfilled until they become bigger, such a governance concept is absolutely unacceptable. Therefore, I agree with the suggestion in the motion to formulate a public health policy with a new mindset. President, at present, there are many voices in society criticizing the inadequate supply of places of residential care homes for the elderly and elderly centre facilities and requesting the Government to put in more resources to increase the relevant supporting facilities. Together with the Democratic Alliance for the Betterment and Progress of Hong Kong, I have also been pushing for this, taking one step at a time. It is not the first time that we have made suggestions to the SAR Government on healthcare and elderly care, but the authorities seem to be lackadaisical and laggard about them. As a far-sighted and committed government, it should not only respond to the demand for more software facilities, but also make proper planning about public health policy and supporting facilities for the middle-aged and elderly cohorts of the population in the long run. President, from birth to school days, young children in Hong Kong are required to receive various vaccinations and undergo free health checks every year, but why are they not required to do so in adulthood? Doing little exercise and working under great pressure, Hong Kong people are increasingly prone to urban diseases, which can easily become chronic diseases over time. The Government should formulate a comprehensive set of public health guidelines with the clear objective of reducing the risk of major diseases among the public, and step up its efforts in promoting sports for all and regular health checks. In particular, it should introduce some free health check programmes for targeted groups or people concerned with health risks. Furthermore, the 18 districts are now gradually setting up district health centres, but the types of chronic diseases and specialties covered by the centres are not enough. The Government should strengthen the role and functions of the centres to truly deliver on the principle of prevention being better than cure.


8701

President, when the overall health of the public is improved, the burden on the healthcare system can be alleviated and the demand for elderly residential care services can also be indirectly reduced. Yesterday, the Subcommittee on Issues Relating to the Silver Age Card conducted a visit to the Jockey Club "age at home" Gerontech Education and Rental Service Centre. Based on comprehensive assessment of their physical conditions and home environments, the said organization will provide the elderly with multi-functional services, as well as such tools as multi-functional wheelchairs, electric beds and high-tech feeding aids, with a view to enabling them to take care of themselves or be easily taken care of by their carers. This is definitely the future trend of elderly care services. I know that currently the Government has a $1 billion Innovation and Technology Fund for Application in Elderly and Rehabilitation Care to subsidize elderly and rehabilitation service units to rent and try out technology products, and a total of eight funding rounds have been completed in four stages. I suggest that the Labour and Welfare Bureau should encourage more social welfare organizations to apply for the Fund, so that gerontechnology will become more prevalent. Today, many services in different areas are provided by community organizations with funding support. In addition to the contribution in money, can there be a contribution in effort? Instead of solely relying on a community-led approach, the Government should also have a role to play. President, following the improvement of the electoral system, the Government has better leverage and more energy to govern the SAR. While the Chief Executive is rising to challenges posed by the land and housing problems, I hope that she can also address such areas as elderly care, healthcare and social planning with a new mindset. Therefore, I fully support Mr CHAN Kin-por's motion. President, I so submit. PRESIDENT (in Cantonese): Does any other Member wish to speak? (No Member indicated a wish to speak)


UNDER SECRETARY FOR HOME AFFAIRS (in Cantonese): President, first of all, I would like to thank Mr CHAN Kin-por for moving this motion and the 12 Members who have spoken for their valuable advice and innovative suggestions on sports policy. Regular physical activities are greatly beneficial to the health of people of all ages. The Home Affairs Bureau ("HAB") is committed to promoting "sports for life" to people of all ages. For the elderly in particular, regular exercise can help to enhance their physical functions, maintain a cheerful state of mind, and lead a happy and long life. In the following, I will briefly introduce the various policy initiatives of HAB to encourage the elderly to participate in sports activities. HAB, the Leisure and Cultural Services Department ("LCSD"), the Education Bureau and the Department of Health, in collaboration with relevant national sports associations, recreation and sports organizations and community groups, organize various kinds of recreation and sports activities on a regular basis in 18 districts in the whole territory, including the Fitness Programmes for the Elderly which is specially designed for the elderly. We arrange coaches to conduct outreach visits to elderly centres and elderly organizations in the districts to contact the elderly, teach, encourage and lead them to do various kinds of exercise, and promote the importance of doing exercise to their health. We organize more than 700 related activities each year, benefiting more than 21 000 elderly people. To enhance the interest of the elderly in participating in sports activities, LCSD also organizes sports training classes in the community which are popular and interesting to the elderly, such as swimming, Tai Chi, Baduanjin, yoga, gateball, lawn bowls, etc. Concessionary fees are offered to people aged 60 or above to encourage them to participate more in sports activities and cultivate a healthy lifestyle. To encourage the public to do more exercise in the face of the epidemic, LCSD has particularly launched a one-stop online resource centre called the "Edutainment Channel", which allows the public to watch various sports demonstration videos at home and participate in online sports training courses in an interactive manner. LCSD has also especially produced nine videos on fitness exercise for the elderly to encourage them to exercise at home.


8703

Apart from organizing various types of sports activities in the community or online, the Government also provides different types of recreational and sports facilities at concessionary rates to meet the interests and needs of the elderly. For example, people aged 60 or above can enjoy concessionary rates for using LCSD's sports grounds, turf soccer pitches, swimming pools and other recreational and sports facilities during specified periods of time. At present, LCSD has provided fitness facilities suitable for the elderly in more than 1 600 parks and playgrounds in Hong Kong, and more than 500 recreation venues have "elderly fitness corners", providing more than 2 700 sets of fitness facilities for the elderly. President, a healthy lifestyle is effective in improving people's physical fitness, and good physical fitness helps people improve their quality of life. In order to keep abreast of the latest physical conditions of the public and their exercise habits, we have launched a new round of "Territory-wide Physical Fitness Survey for the Community" this month, following the Territory-wide Physical Fitness Test for the Community conducted in 2005 and 2011. In order to better meet the current trend of an ageing population, we have, in particular, greatly raised the upper age limit of participants from 69 in the previous survey to 79. Through regular standardized physical fitness tests, a systematic database of the public's physical fitness can be established, allowing the Government to gain a deeper understanding of the physical fitness of the public, including the elderly, so that the most appropriate and effective policies for sports popularization can be formulated. The survey is divided into several parts, including basic personal physical information, their living habits, exercise patterns and actual physical fitness tests. The survey is already in full swing and is expected to be completed early next year. President, HAB is very concerned about the health of the public and encourages the public to do more exercise. The Government invests more than $6.5 billion in sports development each year, of which $5.4 billion is spent on promoting sports for all. In addition, the Government is also pressing ahead with the five-year plan on sports and recreational facilities, and has earmarked $20 billion to launch 26 key projects to increase and improve recreational and sports facilities.


We will continue to organize more and more diversified sports activities for the elderly in the community and online, and provide more and more suitable recreational and sports facilities for the elderly. Through the "Territory-wide Physical Fitness Survey for the Community", we will identify and introduce corresponding measures as soon as possible according to the physical conditions of the elderly. I so submit. Thank you, President. UNDER SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, I would like to thank Mr CHAN Kin-por for moving this motion and the 12 Members who have spoken on the motion. Although the motion today does not directly touch on the policy areas of the Labour and Welfare Bureau ("LWB"), I would like to take this opportunity to share with Members the measures taken by LWB, the Social Welfare Department ("SWD") and the Labour Department ("LD") to promote physical and mental health of the elderly. First of all, I would like to thank Dr Priscilla LEUNG, Mr CHAN Chun-ying and Mr SHIU Ka-fai for their support to the Government's Public Transport Fare Concession Scheme for the Elderly and Eligible Persons with Disabilities ("$2 Concession Scheme"). I would like to take this opportunity to remind all eligible persons aged 60 to 64 to apply for the JoyYou Cards by phases starting from 2 August in order to enjoy the $2 concessionary fare. We hope that the people concerned will remember to apply. At present, SWD subsidizes 211 District Elderly Community Centres and Neighbourhood Elderly Centres in Hong Kong to organize various kinds of health activities for the elderly. As Mr YIU Si-wing said, these centres organize different health education seminars to introduce common diseases among the elderly, promote a healthy lifestyle, promote healthy eating and encourage the elderly to do more exercise. Some elderly centres also provide some space for simple health screening equipment to promote self-health management among the elderly. Mr CHAN Chun-ying mentioned the Elder Academy Scheme just now. LWB and the Elderly Commission have launched the Elder Academy Scheme to enable the elderly to learn new things in a school environment and maintain their physical and mental health. At present, there are about 180 elder academies in


8705

different districts. The academies offer a wide range of courses to meet the interests and needs of the elderly in their districts, not only academic and digital training courses, but also courses to enhance the personal and public health awareness of the elderly. During the epidemic, individual elder academies have been offering courses online so that the elderly could continue their learning. The Government has been encouraging employers to adopt "employee-oriented" good human resource management measures and implement family-friendly policies through various channels and diversified promotional efforts to help employees balance their work and family life, which is in line with the objective mentioned by Mr KWOK Wai-keung. The Government encourages employers to adopt friendly employment practices for elderly persons in accordance with the individual circumstances of the enterprise, the business environment and mode of operation of the industry, as well as the actual needs of employees, so as to serve the best interests of both the enterprise and the employees. Friendly employment practices for elderly persons may include understanding the physical needs of elderly employees, making appropriate arrangements in terms of work equipment, rest time and working hours, and establishing flexible work arrangements, such as providing flexible working hours, so that elderly employees can strike a balance between their work and personal life. LD will also continue to disseminate the message to the community through various channels and diversified publicity activities to encourage employers to adopt more friendly employment practices for elderly persons in the workplace. As for the study on elderly care in the Guangdong-Hong Kong-Macau Greater Bay Area mentioned by four Members, including Mr Tony TSE, Mr LEUNG Che-cheung, Mr SHIU Ka-fai and Ir Dr LO Wai-kwok, we are actively working on it and hope that more measures can be announced to the public in future. President, LWB will continue to implement the above measures to ensure that the elderly can continue to enjoy a quality life. I so submit. Thank you, President.


SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, I thank Mr CHAN Kin-por for moving this motion today, and I am also very grateful to 12 Members for expressing their precious views on this important issue. Longer lifespan brings opportunities for not only elderly persons and their families but also the entire community. As people are living longer, they will have the chance to engage in new activities, such as furthering their studies, taking up new occupations or pursuing long-nelgected interests. Elderly persons can still contribute to their families and communities through many different ways. However, such opportunities and contributions hinge largely on one factor, i.e. the health of elderly persons. If the elderly can spend their longer twilight years in good health and live in a supportive environment, their capability to engage in activities which they consider meaningful will almost be no different from that of young people. Nevertheless, if these extra years of life are basically spent in poor physical and mental health, this will have an adverse impact on the elderly as well as society. I have already given an account in my opening remarks of our measures in various aspects, and have also noted Members' views on existing measures, while a number of Members have just now put forward many new proposed measures. On the whole, we generally agree with the views expressed by Members, and as reflected from the replies given by the two Under Secretaries earlier, the subject matter straddles a number of policy areas. Although their policy objectives vary, the relevant policy initiatives are invariably concerned with the tackling of the problem of an ageing population, with the hope of improving public health level as well as attaching great importance to the quality of life of elderly persons. I think our discussion today on this motion has given the Government considerable food for thought in its future work in this respect, and I also believe that the work of dealing with population ageing will continue go on for a considerable period of time. I will then make a brief response to the views expressed by individual Members on issues within the purview of the Food and Health Bureau ("FHB"). I thank Dr Priscilla LEUNG for bringing up a number of issues and urging the Government to adopt a new mindset. Regarding the issue of health insurance raised by Dr LEUNG, the Voluntary Health Insurance Scheme has already been fully implemented, and guaranteed renewal up to the age of 100 years irrespective of change in the health condition of the insured is a key feature


8707

of Certified Plans under the Scheme. Voluntary health insurance products purchased by retired persons may also be renewed up to the age of 100 years of the insured persons. Mr Tony TSE spoke on the issue of urban planning, and elaborated on the question of how we could improve the health of the elderly and motivate them to do more exercise at planned locations or in the entire city. We absolutely welcome ideas put forward in this respect, and concur that inter-departmental collaboration is needed in implementing health policies for the elderly. Mr CHAN Chun-ying talked about the importance of doing exercise and made some new suggestions, asking if it was possible to encourage people to do more exercise or walk more by providing certain incentives or rewards. This is a very good suggestion, which is also very important for the mental health and dietary habits of elderly persons. Mr YIU Si-wing pointed out the importance of recreational and sports facilities, and put forward some suggestions concerning the provision of community canteens and medical care for the elderly, while some other Members also mentioned the provision of medical check-up services. Medical check-up services or what we call health assessments are indeed very important, and these have all along been or will be provided at District Health Centres ("DHCs") set up or under planning by the Government. If there is the need to consult a doctor after a simple check-up, government subsidies will be provided for consulting private doctors in the vicinity for a further medical examination. Mr Frankie YICK is particularly concerned about the health of drivers, and in light of the job nature of specific groups of workers, I think the personal health of members of such groups will definitely be affected to a certain extent. Extra and special attention will therefore be paid to their health conditions at DHCs or District Health Centre Expresses ("DHC Expresses") to be set up, and more assessments will be conducted for them. As for the possibility of expanding further the scope of the Drug Formulary of the Hospital Authority ("HA") as mentioned by Mr YICK, the Government has in fact provided resources to HA every year for expanding its Drug Formulary as appropriate. Besides, a number of Members spoke on the problem of manpower shortage, especially the shortage of doctors, and expressed support for the legislative amendment proposal under scrutiny on the admission of non-locally trained doctors. In addition, continuous


efforts will also be made to take forward the Public-Private Partnership ("PPP") Programme. Mr KWOK Wai-keung reminded the Government that an overall strategy should be adopted. This is also very important, and I will give an account later of the overall strategy for our work in the next step. Dr Pierre CHAN talked about a legislative proposal under deliberation, i.e. the proposed legislation to introduce a ban on electronic cigarettes and heat-not-burn tobacco products. As mentioned in my opening remarks, the scrutiny work of the proposed legislation is still underway, and it is our hope to gain support from Members and secure early passage of the proposal. Dr CHAN also expressed his views on the setting up of DHCs and primary healthcare development, and with the provision of more hardware and software facilities, we will keep taking forward initiatives in this respect. Services may currently be affected by the epidemic, but we will continue to take forward work in this regard according to our timetable. Mr LEUNG Che-cheung put forward a number of proposals concerning DHCs, such as the possibility of further extending the coverage of chronic diseases, and ways to make better use of the Elderly Health Care Voucher. As far as the Elderly Health Care Voucher is concerned, an in-depth study should be conducted because on the one hand, we hope elderly persons can make optimum use of their vouchers, while on the other hand, we wish to examine how we can improve the health behaviour of the elderly through the use of Elderly Health Care Voucher. We will therefore conduct a study on this subject. Ms Elizabeth QUAT pointed out the importance of doing exercise and suggested the provision of osteoporosis screening services. There are currently some courses or activities available at DHCs for conducting simple assessments in this respect. With the ongoing development of DHCs, we will strengthen our work in both extending the coverage of chronic diseases and addressing public needs. Ms Elizabeth QUAT spoke of the provision of medical check-up services too, and as mentioned earlier, such services are already available at DHCs. Mr SHIU Ka-fai and several other Members mentioned the importance of developing healthcare services in the Greater Bay Area, and as a matter of fact, it


8709

is also the hope of the SAR Government and FHB that private healthcare facilities in Hong Kong would go to the Greater Bay Area to develop private healthcare services, so as to cater for the needs of residents in the Greater Bay Area or the needs of those who go to the Greater Bay Area from Hong Kong. Mr SHIU also talked about the importance of the legislative amendment proposal on the admission of non-locally trained doctors as we are now facing the problem of manpower shortage. Ir Dr LO Wai-kwok highlighted the importance of land use and future development, and as we have mentioned just now, in order to create a good environment, there must be an adequate supply of land. Finally, Mr Wilson OR hoped that the Government would proactively tackle the health problem of elderly and middle-aged people, and he also made mention of the problems of conducting medical check-up and treating chronic diseases at DHCs. We will make continuous efforts to take forward work in this regard. Quite a number of Members talked about the Coronavirus Disease 2019 ("COVID-19") epidemic and how we could grasp the opportunities thus arising, as well as the importance of receiving COVID-19 vaccination to the general public, especially the elderly. The COVID-19 pandemic has presented the whole world with an unprecedented public health challenge, and I consider that the pandemic does bring both risks and opportunities. On the one hand, we have deployed a lot of manpower and resources to impose entry restrictions, step up contact tracing, health quarantine, virus testing and social distancing measures, etc., and adopt the strategy of "preventing the importation of cases and the spreading of the virus in the community" to secure every line of defence with a view to safeguarding public health. On the other hand, as pointed out in the motion and by a number of Members, public awareness of and concern for public hygiene and health in the entire community has now reached the peak. As members of the public have taken personal and environmental hygiene measures from the beginning of the epidemic to prevent respiratory tract diseases and other communicable diseases, it can be noted from the surveillance data that the overall seasonal influenza activity in Hong Kong has remained low since mid February 2020. I very much agree that we should seize the opportunity and keep the momentum, so as to actively promote the importance of a healthy lifestyle when we fight the virus together.


Several Members spoke of the progress of the COVID-19 vaccination programme. In this connection, I reiterate that according to the World Health Organization ("WHO") and public health experts, safe and effective COVID-19 vaccines can provide a certain degree of protection against infection or minimize as far as possible health impairment caused by the virus, and this is one of the most important measures to protect ourselves and others, as well as to ensure the sustainable operation of the local healthcare system. I hope we can all cherish the present opportunity, and the elderly in particular should take the initiative to receive vaccination, so as to build a herd immunity barrier for Hong Kong and navigate through the epidemic as early as possible. Elderly are the group with the highest risks of complication and death from COVID-19. As at 20 July this year, 88% of 212 fatal cases recorded in Hong Kong involve elderly persons aged 65 or above. The mutant strains of the COVID-19 virus circulating globally in recent months have very high transmissibility, and although they are mainly found in imported cases, should they enter the community and spread widely, the elderly population with its weakened immunity and low vaccination rate will be the first to bear the brunt of infection. As announced last week, an additional subsidy of $50 per dose of COVID-19 vaccine given to elderly aged 60 or above will be provided to private doctors enrolled under the Vaccination Subsidy Scheme and Residential Vaccination Programme of the COVID-19 Vaccination Programme, with a view to offering them an incentive to more actively motivate elderly persons to prevent infection by receiving COVID-19 vaccination as early as possible. As for the response measures to be undertaken in the next step, we have drawn reference from the experiences of WHO and different countries and places when devising our programme launched in response to the ageing population, and the strategy adopted can be summarized into several key points as follows: Firstly, promoting healthy ageing. As mentioned earlier, by recognizing the concept of prevention is better than cure and adopting a life-course approach in promoting healthy lifestyles, we seek to enhance people's capability in maintaining healthy behaviour, especially meeting the principle of a balanced diet, engaging in physical activity, refraining from using tobacco and avoiding alcohol consumption, etc., because this will help reducing the risks of non-communicable diseases and improving physical and mental abilities. Healthy lifestyles can also be most effectively cultivated from childhood. In fact, according to the Education Bureau, leading a healthy lifestyle is one of the seven learning goals of the school curriculum, and the knowledge, skills and


8711

attitudes related to the learning goal, healthy lifestyle and habits are covered in different subjects and in life-wide learning activities. For example, the "Health and Living" strand has already been included in the General Studies curriculum at the primary level, and together with the subjects of Science, Home Economics/Technology and Living at the junior secondary level, as well as the subjects of Health Management and Social Care and Technology and Living at the senior secondary level, students may know about the concepts of food, nutrition and health. Secondly, making adjustments in our healthcare system to meet the demand of elderly population. Developing district-based primary healthcare system and services, promoting PPP and striking a balance between the public and private sectors are important strategies in this respect. For example, services provided currently by the Department of Health ("DH") and HA, and at DHCs or DHC Expresses and even Chinese medicine clinics are all within the scope of primary healthcare. Efforts should be made to ensure that they are complementary to each other, there are clear division of work and collaboration among them, and there is no duplication or mismatch of resources, so that the public's awareness of disease prevention as well as their self-health management capability can be enhanced in a most effective way. Thirdly, establishing a healthcare system of a longer term, and work in this respect includes the Elderly Health Care Voucher Scheme and our mental health policies, to which more importance has been attached in society in recent years. As far as mental health policies are concerned, we commissioned universities in 2019 to conduct three mental health surveys covering children, adolescents and elderly persons. Among these surveys, the target groups of mental health survey on elderly persons are those community-dwelling and institutional-based elderly persons aged 60 or above. The survey targets the mental health problems of elderly persons including dementia, depression, anxiety disorders, psychosis, etc., and is expected to complete within 2022. It will estimate the age-specific disease prevalence, reveal any associated risk factors for various mental health problems, and identify important factors supporting functional optimization and ageing-in-place of elderly persons with mental health problems from the patients' and general public's perspectives. The data collected from the survey will help the Government to formulate the long term development of its mental health services according to the actual needs of elderly persons.


Fourthly, creating an environment for caring for the elderly. This includes services for the elderly as mentioned just now, providing leisure and sports facilities for the exclusive use of elderly persons, creating an environment that can promote walkability, providing barrier-free access, improving air quality, and promoting support for healthy ageing in various policies. Fifthly, strengthening surveillance and review. Systematic surveillance on the health condition of elderly persons in Hong Kong should be carried out at district level to facilitate understanding of the health conditions of the elderly by the Government in a more appropriate manner. Besides, in order to strengthen surveillance on non-communicable diseases, DH commenced conducting the Population Health Survey 2020 in early November last year. The survey seeks to understand the health status of the Hong Kong population and their health-related lifestyle practices, to collect other important health information, and is expected to complete at the end of next year. We will thus be able to obtain updated health data for the formulation of policies, while surveillance on the health condition of elderly persons should also be carried out in a systematic manner at district level to provide the Government with the necessary advice. The anti-epidemic experience has enabled us to adopt a new mindset to maintain the necessary services on the one hand, and implement measures in some other ways on the other, so that we may get used to the new normal. This has also fully reflected that although faced with the challenge of fighting against the virus, various sectors and stakeholders still attach great importance to the need of maintaining physical and mental health. Lastly, President, in order to build a healthy community, create an environment for a healthy lifestyle, and raise the awareness of personal and public health among Hong Kong people, the concerted efforts of all important stakeholders (including various government bureaux and departments, the academia, non-governmental organizations, the private sector and individuals) are absolutely required. From the public health perspective, FHB will strive to promote healthy lifestyles, continue to strengthen and reform the healthcare system of Hong Kong, and shift the emphasis of the present healthcare system and people's mindset from treatment-oriented to prevention-focused. We will also continue to formulate a series of health policies, and promote healthy ageing through legislation and the provision of appropriate services and supporting facilities. Moreover, we will


8713

transfrom schools into places with a health-enhancing learning environment, such as adopting the health promoting school model, and create supportive physical and social environments for physical activity. FHB will continue to keep in view the latest studies and recommendations of local and overseas health organizations including WHO, foster effective partnerships and collaborate with primary care professionals, and work together with relevant bureaux and departments to consider and adopt other interventions at appropriate stages in a bid to safeguard public health. President, I so submit. PRESIDENT (in Cantonese): Mr CHAN Kin-por, you still have two minutes seven seconds to reply. Then, the debate will come to a close. MR CHAN KIN-POR (in Cantonese): I thank 12 Members who have spoken on the motion for sharing a lot of valuable insights with us, and I also thank the Secretary for Food and Health, who has elaborated in great detail the multi-dimensional and multi-pronged approach adopted by the Government in preventing diseases and promoting healthy living. The Under Secretary for Home Affairs and the Under Secretary for Labour and Welfare have also provided proactive responses to my motion. I think we all agree with the ideas put forward in the motion, and the crux lies in how the Government should put these ideas into practice. I hope the Government will treat this matter seriously, and take early action by means other than the construction of hospitals to enable people to enjoy a quality life. I would also like to give a brief response here on the issue raised by Dr Priscilla LEUNG concerning discontinuance of insurance policies. In fact, there are now insurance companies offering special assistance to employees under group insurance policies, so that they may switch to individual insurance schemes before their retirement with all pre-existing conditions included. This may provide a useful point of reference. Thank you, President.


PRESIDENT (in Cantonese): I now put the question to you and that is: That the motion moved by Mr CHAN Kin-por 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 each of the two groups of Members present, that is, those returned by functional constituencies and those returned by geographical constituencies through direct elections. I declare the motion passed. NEXT MEETING PRESIDENT (in Cantonese): I now adjourn the Council until 11:00 am on Wednesday, 18 August 2021. Adjourned accordingly at 6:40 pm.


8715

Annex 1 The marked-up version of the amendment moved by Mr KWOK Wai-keung (Translation)

That, in given the age of growing widespread popularity of Internet usage online social platforms and instant messaging software, rapid information flow may cause significant impacts; the prevalence of false information (including fake news) on the Internet not only misleads members of the public, but even brings about severe adverse impacts on the safety, stability and development of the international community; false information on the Internet has already become an issue of concern of the international community which warrants serious and immediate action; during the occurrence of the "black-clad violence" incidents in Hong Kong in 2019, some individuals or organizations used voluminous false information on the Internet to incite public hatred against the Police, advocate violence and create social dissension in an endeavour to confront the Central Government and SAR Government; during the Coronavirus Disease 2019 epidemic, there has been lots of false information spreading maliciously on the Internet with an intent to hinder anti-epidemic work; in July this year, some people being suspectedly "self-radicalized" under the influence of false information on the Internet hurled inflammable objects at the Government House and attacked police officers with sharpened objects, and some other people subsequently took advantage of these cases to disseminate false information to incite hatred and advocate terrorist activities; many countries have enacted legislation to combat false information, for example, the United States enacted the Countering Foreign Propaganda and Disinformation Act in 2016, Germany enacted the Network Enforcement Act in 2017, France enacted the Law Against the Manipulation of Information and the Law Against False Information in 2018, Singapore enacted the Protection from Online Falsehoods and Manipulation Act in 2019 and so on, various sectors of the community therefore consider that the Government must learn a lesson from the proliferation of false information during the "black-clad violence" in 2019 and, by making reference to overseas experience, formulate effective measures suitable for Hong Kong to address false information; in this connection, this Council urges the Government to expeditiously:


(1) enact legislation to combat acts of spreading false information on the Internet;

(2) subsidize academic institutions to conduct studies on using big data

platforms to collect information and data from mainstream social media in Hong Kong and applying artificial intelligence technologies to assist in the screening of false information;

(3) strengthen 'media literacy' education to enhance the competence

of members of the public in identifying false information; and

(4) establish a database for fact-checking to assist the public in verifying the authenticity of information.

Note: Mr KWOK Wai-keung's amendment is marked in bold and italic type or

with deletion line.

OFFICIAL RECORD OF PROCEEDINGS Wednesday, 21 July ...

Documents

Transcript of OFFICIAL RECORD OF PROCEEDINGS Wednesday, 21 July ...