Author Archives: hksar gov

     Following is a question by the Hon Michael Tien and a written reply by the Secretary for Development, Mr Michael Wong, in the Legislative Council today (June 26):
 
Question:
 
     The Government closed down the under-utilised Tsuen King Circuit Market in early 2018, but so far it has not given an account of the way forward for that building and the site concerned. In March this year, I called on the Government to expeditiously give an account of the matter and suggested implementing a revitalisation scheme for the building, including (i) providing a kindergarten on the ground floor and giving move-in priority to a neighbouring kindergarten currently saddled with a heavy rent burden, (ii) providing a day care centre for the elderly on the ground floor, and (iii) providing a youth centre and a study room on the first floor. The Government indicated in reply that it either had the intention to do so or was examining the feasibility of the suggestions. On the other hand, I have recently learnt that the Government is considering demolishing the building to make way for planning and developing afresh the site concerned. In this connection, will the Government inform this Council whether it has made a decision on the way forward for the building; if so and the decision is to demolish the building, of the details; if the decision is to retain and revitalise the building, the progress of the relevant studies and the implementation timetable, as well as the measures to expedite its work in this regard?
 
Reply:
 
President,
 
     In consultation with the Food and Environmental Hygiene Department (FEHD) and relevant departments, our reply is as follows:
      
     The Former Tsuen King Circuit Market is located in the Tsuen King Circuit adjacent to the Allway Gardens. The Market consists of two storeys and occupies an area of about 2 300 square metres. It falls within an area zoned “Government, Institution or Community” on the approved Tsuen Wan Outline Zoning Plan No. S/TW/33. This zone is intended primarily for the provision of Government, institution or community facilities serving the needs of the local residents. It is also intended to provide land for the Government, organisations providing social services, and other institutional establishments for uses directly related to or in support of their work.
      
     Due to the low utilisation rate, the FEHD closed down the Tsuen King Circuit Market in March 2018. After confirming that the subject government premises is no longer required for its original public market use and other needs of the department, the FEHD has sought the Government Property Agency (GPA)’s assistance in considering the optimal use of the premises for other government purposes. The GPA then circulated within the Government for any departments which intend to use the subject premises for short-term or long-term use. In response to departmental feedback, the FEHD allocated part of the premises to the relevant department for temporary storage use.
      
     On the other hand, the Government noted the recent suggestions by the Hon Michael Tien and various stakeholders on the alternative uses of the premises (including kindergarten, day care centre for the elderly, and youth centre and study room etc.). As the relevant departments responded at the Tsuen Wan District Council (TWDC) meeting in March 2019, the Government is actively considering the feasibility of such proposals with a view to optimising the use of the premises early to provide facilities that can better serve the community and promote district development. In the process, we welcome any proposal and comment from local stakeholders. The relevant departments will consult the TWDC and other stakeholders in due course. With regard to whether the premises should be retained or demolished for redevelopment in the long run, the Government has no specific plan at present.   read more

The following is issued on behalf of the Hong Kong Monetary Authority:              The Hong Kong Monetary Authority (HKMA) today (June 26) published the June 2019 issue of its Quarterly Bul… read more

The following is issued on behalf of the University Grants Committee:
 
     The Quality Assurance Council (QAC) today (June 26) released the Audit Report on the sub-degree operations of the Education University of Hong Kong (EdUHK).
      
     The Audit Report presents the findings on the quality of learning at the sub-degree providing unit (SDPU) of the EdUHK. The Chairman of the QAC, Mr Lincoln Leong, said, “The QAC is pleased that the Audit Panel concludes that the University’s three sub-degree programmes, offered by the Department of Early Childhood Education (ECED) in its Faculty of Education and Human Development, are effectively integrated with the Department’s degree provision, with clear pathways for sub-degree students to progress to higher levels of study. The sub-degree provision is fully aligned with the strategic priorities of the Department, the Faculty and the University, and it reflects the EdUHK’s vision, mission and core values. There are effective governance structures and procedures for setting and maintaining academic standards. In addition, there is a consistent and comprehensive approach to quality assurance. The ECED systematically implements the University’s approach in its monitoring of the quality of sub-degree programme delivery.”
      
     The QAC is pleased with the quality of educational provision at the SDPU of the EdUHK. The University’s efforts in various areas are commended as positive features in the Audit Report. These include a comprehensive approach that leads to effective and tailored professional development of sub-degree programmes teaching staff; and the University’s application and review of its comprehensive policy framework governing student learning assessment for sub-degree programmes.
      
     The full report (with EdUHK’s Institutional Response attached) has been uploaded to the website of the University Grants Committee (UGC) (www.ugc.edu.hk/eng/qac/about/term/publications/report.html). The QAC welcomes the EdUHK to keep the Council informed of its development in further enhancing student learning.
           
Background of the quality audit on sub-degree operations of EdUHK
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     The quality audit on the sub-degree operations of the EdUHK was undertaken by an Audit Panel appointed by the QAC. The Audit Panel was chaired by Professor Denis Wright, and members included Dr Ella Chan, Professor Mark Davies, Mr Ian Marshman and Professor Ricky Wong. The Panel reviewed the Institutional Submission, which was prepared by the EdUHK following a period of self-study, and visited the EdUHK on October 30 and 31, 2018, to meet with staff and students. It also met with a number of external stakeholders, such as local employers and graduates of EdUHK sub-degree programmes.
 
Background of the QAC and its auditing activities
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     The QAC was established in April 2007 as a semi-autonomous non-statutory body under the aegis of the UGC. The UGC is committed to safeguarding and promoting the quality of the UGC-funded universities and their activities. In view of the institutional expansion of university activities and a growing public interest in quality issues, the QAC was established to assist the UGC in providing third-party oversight of the quality of the universities’ educational provision. The QAC assists the UGC in assuring the quality of all programmes at the levels of sub-degree, first degree and above (however funded) offered in UGC-funded universities. The QAC fulfils this task primarily by undertaking periodic quality audits of the universities.
      
     Auditing is an external quality assurance process that involves independent peer review by senior academics in the higher education sector. Its principal aims are to confirm that existing arrangements for quality assurance are fit for purpose, that the quality of provision is comparable to international best practices, that universities are committed to continuously improving the quality of their academic programmes, and that students are well taught and well supported so that they are able to achieve the expected academic standards.
      
     Prior to 2016, the QAC’s audit activities covered only first degree programmes and above. The first and second QAC audit cycles were completed in 2011 and 2016 respectively. In 2016, the UGC assumed the role of the overseeing body of the quality audits on the sub-degree operations of UGC-funded universities, with the involvement of QAC as the audit operator. The audit visits to universities in this cycle were conducted from late 2017 to early 2019. read more

     The overall Comprehensive Social Security Assistance (CSSA) caseload in May showed a drop of 427 cases, representing a decrease of 0.2 per cent compared with that of April, according to the latest CSSA caseload statistics … read more

     Following is a question by the Hon Shiu Ka-fai and a written reply by the Secretary for Commerce and Economic Development, Mr Edward Yau, in the Legislative Council today (June 26):
     
Question:

     The Unsolicited Electronic Messages Ordinance (Cap. 593) implemented since December 2007 regulates the sending of commercial electronic messages, but it is not applicable to person-to-person (P2P) telemarketing calls. Last year, the Government proposed to bring such calls within the ambit of the Ordinance and establish a do-not-call register (the Register) for such calls. Under the proposed regulatory arrangement, no person shall make telemarketing calls to those telephone numbers on the Register, unless the caller has obtained prior consent from the recipient. In this connection, will the Government inform this Council:

(1) given that during the time when the relevant bill was scrutinised by this Council in 2007, the Hon Wong Ting-kwong had proposed Committee Stage amendments (CSAs) to bring P2P telemarketing calls under regulation, with an exemption for those telemarketing calls to persons made pursuant to a previous or current business or client relationship (but the CSAs concerned were not incorporated into Cap. 593), and recently the Government has indicated, in reply to my enquiries, that the proposed regulatory arrangement will be similar to the concept of the CSAs proposed by that Member back then, whether the Government can confirm if the proposed regulatory arrangement will include this exemption;

(2) as Cap. 593 provides that “consent” means (a) express consent or (b) consent that can reasonably be inferred from the conduct of the individual or organisation concerned, and the Government has indicated that it will, by making reference to such meaning, define the “consent” under the proposed regulatory arrangement, whether the Government has studied if it can be inferred from a person’s conduct of giving out business cards on social occasions that the person has given consent to the recipients of the business cards to make telephone calls to that person in future to introduce products or services;

(3) given that the listing of telephone numbers on the Register will take effect 10 working days after registration, and that companies will have to arrange manpower to check regularly (say, weekly) the telephone numbers of existing and potential clients against those in the Register, so as to avoid breaching the law by mistakenly calling a telephone number on the Register, whether the Government has assessed: (i) the obstacles to economic activities that will be caused by such checking work, and (ii) the manpower and time to be spent on performing such work weekly by companies which have hundreds or thousands of telephone numbers of existing and potential clients; if it has assessed, of the outcome; if not, whether it will conduct such an assessment expeditiously;

(4) of the measures to be put in place for alleviating the compliance costs for micro, small and medium enterprises to be brought about by the implementation of the proposed regulatory arrangement; and

(5) as there are views that the proposed regulatory arrangement cannot eradicate telemarketing calls from overseas and those pretended to have come from legitimate financial institutions, whether the Government has assessed if adopting non-legislative approaches, such as promoting the use of call-filtering applications and educating the public on how to handle telemarketing calls, will be more effective than enacting legislation; if it has not assessed, of the reasons for that?

Reply :

President,
     
     In recent years, person-to-person telemarketing calls (P2P calls) have caused nuisance to many members of the public. There are growing demands for strengthening the regulation of such calls. Based on the views collected in a public consultation conducted by the Government in mid-2017 and further to the discussions at the relevant Panels of the Legislative Council, the Government proposes to regulate P2P calls by legislation through amending the Unsolicited Electronic Messages Ordinance (Cap. 593) (UEMO). The Government is now drafting the legislative provisions. We will maintain close contact with the industries, with a view to striking a balance between minimising nuisances caused by P2P calls and reducing compliance cost of the trade.

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

(1) The existing UEMO aims to, through an “opt-out” arrangement supported by do-not-call registers, allow members of the public to avoid nuisances by opting for not receiving unsolicited electronic messages (UEMs). Nevertheless, for a user who has not registered with the do-not-call registers or has not clearly indicated his intention not to receive such messages, the trade can still send marketing messages to such user provided that certain requirements (e.g. provision of sender identity) have been complied with.
     
     Moreover, Schedule 1 to the UEMO exempts certain types of ordinary business communications, such as information relating to product maintenance or updating, information relating to business transactions agreed between a recipient and a sender, employment-related information, etc. A sender may send such messages without the need to obtain the recipient’s prior consent. The Government propose that the future legislative framework for regulating P2P calls, sharing similar nature with electronic messages, should adopt the same principles in regulating P2P calls. 

     In other words, if a phone user has given consent for receiving marketing calls from a certain marketer, that marketer may make calls to that phone user regardless of whether the latter is the marketer’s current or previous client, or whether the latter has already registered her/ his phone number with the Register.
     
(2) Making reference to the practice of regulating UEMs under the existing UEMO, whether exchanging contact information or giving out business cards on social occasions constitutes “consent” depends on whether the concerned recipient has indicated agreement (either express consent or consent inferred from conduct) to receive P2P calls from the concerned organisation during the process of exchanging contact information or business cards. 

(3) and (4) The Government’s objective of regulating P2P calls by legislation is to provide an option to members of the public who would like to avoid nuisances by not receiving such calls. To users who are willing to receive such calls, the trade may still make marketing calls to them as long as certain basic requirements have been complied with. The Government note that some trade sectors have established their own codes of practice on Person-to-Person Marketing Calls and requested members of their respective sectors to comply with.  
     
     We understand that the establishment of the Register may increase operational cost of the trade, and may also bring certain impact on the mode of operation. The trade may also need some time to adapt during the early stage of implementation. In drafting the Bill, the Commerce and Economic Development Bureau will engage the trade, with a view to striking a balance between concerns of the trade and the public interest.  Moreover, with reference to the arrangements for regulating UEMs under the existing UEMO, if the bill is passed, the Government will formulate codes of practice to provide clear guidance to the trade. The Office of the Communications Authority (OFCA) will also, by making reference to the arrangements for implementing the UEMO, enable companies making P2P calls to apply conveniently to OFCA for subscription accounts, so that companies may at any time use and download phone numbers in the Register for screening and updating their call lists in order to comply with the legislative requirements.

(5) In addition to formulating legislative proposals, the Government will also take forward non-legislative measures. OFCA will enhance public education to remind smartphone users of the option to download call filtering applications and the related points to note, including user terms and conditions, permission requests, etc.
     
     Moreover, the Government will educate the public through various channels, for instance, incorporating brief introductions for the elderly on the means to reject or filter phone calls and the points to note in the syllabus of the related courses provided by the Elder Academies. read more