LCQ19: Trial operations of Hong Kong Section of Guangzhou-Shenzhen-Hong Kong Express Rail Link

     Following is a question by the Hon Leung Che-cheung and a written reply by the Secretary for Transport and Housing, Mr Frank Chan Fan, in the Legislative Council today (July 4):
 
Question:

     Some residents near the alignment of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (XRL) in Yuen Long District have relayed that since the commencement of XRL trial operations by the MTR Corporation Limited (MTRCL), they feel vibrations and noise whenever XRL trains pass by. They also suspect that the cracks which have appeared on the floor and walls inside and outside their residential units recently might have been caused by such vibrations. In this connection, will the Government inform this Council:

(1) whether it knows if the MTRCL had, before carrying out the XRL trial operations, made projections of the vibrations and noise which would be generated as well as the damages which would be caused to nearby buildings by XRL trains in motion, and devised solutions accordingly; if the MTRCL had, of the details; if not, the reasons for that;

(2) of the number of complaints about the XRL trial operations received by the Government and the MTRCL so far, with a breakdown by type of complaints and district involved; the means and timetable for handling such complaints; whether they will offer compensation to the affected residents;

(3) whether a mechanism is currently in place for tackling immediately the problems relating to such complaints; if so, of the details; and

(4) how it ensures that such complaints will be satisfactorily resolved before the commissioning of XRL?
 
Reply:

President,
 
     My consolidated reply to the Hon Leung Che-cheung's question is as follows:
      
     To complement the commissioning target of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (XRL) in September 2018, the MTR Corporation Limited (MTRCL) commenced trial operations from April 1, 2018 so as to ensure safety and reliability of various systems, as well as to train staff to familiarise themselves with the various operation systems and operating environment through the simulation of actual operating environment that further tests train operations and relevant station systems.
      
     Before the commencement of the Hong Kong Section of the XRL project, the MTRCL conducted an Environmental Impact Assessment Study for the works in accordance with the Environmental Impact Assessment Ordinance (Cap 499). The assessment results indicate that the impact of the vibrations and noise created by movement of the high speed trains on the environment and structures in the vicinity are minimal. During trial operations, the MTRCL also monitored and collected data of the vibrations and noise at locations along the alignment as approved by the Environmental Protection Department. Monitoring data from April 1 to the present indicates that the standards under the Environmental Impact Assessment Report are conformed with.
      
     The MTRCL has all along been maintaining close liaison with the community, and has, through multiple communication channels, exchanged views with District Councils, Rural Committees, owners' committees, Village Representatives and residents. Upon receipt of suggestions from individual residents on the operation of high speed trains, the MTRCL further exchanged views with residents to understand the situation at three Yuen Long San Tin district resident forums on May 2, May 26 and June 29, 2018. The number of complaints received by the MTRCL from Yuen Long district residents regarding the trial operations of high speed trains are at the Annex. For the nine cases under which residents allege that structures are damaged by vibrations caused by movement of high speed trains, the MTRCL has, in accordance with established procedures, referred the cases to loss adjusters for independent investigation after seeking consent from the owners concerned.

     Further, in response to requests from residents, the MTRCL has arranged to monitor and collect data of vibrations and noise at various locations in Yuen Long San Tin district since mid-May. The monitoring work is still underway and will continue after commissioning of the Hong Kong Section of the XRL. Once sufficient data is gathered, the MTRCL will conduct assessment and explore appropriate related measures.
      
     The Highways Department together with its Monitoring and Verification Consultant will continue to monitor the MTRCL's work to ensure that the Hong Kong Section of the XRL project conforms with relevant specifications and standards.




S for S speaks on Court of Final Appeal’s judgment on dependant immigration policy

     Following is the transcript of remarks by the Secretary for Security, Mr John Lee, at a media briefing after attending the Legislative Council meeting this afternoon (July 4):

Reporter: Any need for laws to be amended? 

Secretary for Security: The Hong Kong Government respects the decision of the Court. Colleagues from the Immigration Department and the Department of Justice will be studying the judgment in detail. We will follow up the issues involved.

(Please also refer to the Chinese portion of the transcript.) 




LCQ13: Driving Improvement Course

     Following is a question by the Hon Hon Frankie Yick and a written reply by the Secretary for Transport and Housing, Mr Frank Chan Fan, in the Legislative Council today (July 4):

Question:

     The Transport Department (TD) introduced the Driver Improvement Scheme (DIS) in 2002 with an aim to improve the driving attitude of the participants, thereby reducing traffic accidents. From February 2009 onwards, persons falling within the following categories are required under the law to attend driving improvement courses offered by designated driving improvement schools: (a) persons who have been convicted of serious traffic offences, and (b) persons who have accumulated 10 or more Driving-offence Points (DOPs) within two years. In this connection, will the Government inform this Council:

(1) in each of the past three years, of (i) the respective numbers of persons of the aforesaid two categories who attended driving improvement courses, (ii) the number of persons who, upon completion of such courses, had three DOPs deducted from their total number of DOPs incurred, and (iii) the respective numbers of persons who, within six months, one year and two years after having three DOPs deducted upon completion of the courses, incurred DOPs again or were disqualified from obtaining or holding a driving licence for having incurred 15 or more DOPs, with a breakdown by the type of vehicle they drove;

(2) as some members of the public have pointed out that DIS has been implemented for 16 years, and the contents of the driving improvement courses have remained the same and are outdated, whether the authorities will review and improve the course arrangements (e.g. adding new modes of training like road tests, developing different improvement courses for participants driving various types of vehicles, as well as offering courses with enhanced contents or increased training hours for participants who have repeatedly committed the same type of traffic offences) in order to enhance the effectiveness of DIS; if so, of the details; if not, the reasons for that; and

(3) given that according to the TD's information, the major factors involving drivers which contributed to the traffic accidents in recent year are (i) driving inattentively, (ii) driving too close to the vehicle in front and (iii) careless lane changing, whether the authorities will examine implementing measures to encourage drivers to attend on their own initiative driving improvement courses on a regular basis, so as to improve their driving attitude; if so, of the details; if not, the reasons for that?

Reply:

President,
     
     The Transport Department (TD) launched the Driving Improvement Course (DIC) in September 2002 with a view to enhancing motorists' awareness of road safety and cultivating good driving behaviour. Motorists may attend the course voluntarily. Under the Road Traffic Ordinance (Cap 374), the court may also, at its discretion, order motorists who have committed specified traffic offences to attend a DIC so as to improve their driving behaviour. To further enhance road safety, the TD introduced the scheme of obligatory attendance of the DIC with effect from February 2009. Under the Road Traffic Ordinance, save for special reasons, the court shall order motorists convicted of serious traffic offences (e.g. dangerous driving and drink driving) to attend a DIC. Furthermore, under the Road Traffic (Driving-offence Points) Ordinance (Cap 375), motorists who have accumulated 10 Driving-offence Points (DOPs) incurred for traffic offences committed during a period of two years shall also attend a DIC.

     My reply to the various parts of the Hon Frankie Yick's question is as follows:

(1) In the past three years, the number of participants who completed a DIC either upon accumulating 10 DOPs incurred over a period of two years or upon a court order, as well as those among which had 3 DOPs deducted upon completion of the course, with a breakdown by vehicle class they are entitled to drive, are set out in Annex 1 and Annex 2 respectively.

     Moreover, in 2015 and 2016, among the participants who had 3 DOPs deducted after completion of a DIC, the number of those who incurred DOPs again within six months, one year and two years, as well as those who were disqualified from driving for having incurred 15 or more DOPs, with a breakdown by vehicle class they are entitled to drive, are set out in Annex 3. As regards the information of 2017, since the periods of six months, one year and two years following completion of the course have not yet ended, the TD is unable to provide the relevant data.

(2) The main cause for many traffic accidents are often related to driving attitude. The DIC aims to address such situation and seeks to effectively instill in motorists a stronger sense of road safety and good driving behaviour through classroom teaching. The DIC covers the topics of Driving-offence Points System, safe driving concepts and prevention of traffic accidents, legislation and regulations on drink driving and drug driving, good driving attitude, etc. Course participants learn the subjects through, among others, classroom teaching, video demonstration and discussions. The course also covers cases of traffic accidents involving different classes of vehicles. The instructors will analyse the causes and consequences of accidents through discussion with participants. The content is designed to meet the main objectives of the course and the needs of participants.

     The TD will review and revise the course content from time to time in the light of the trends of traffic accidents and relevant legislative amendments. For example, the TD enhanced the content relating to cycling in November 2017, including how the motorists should stay alert for cyclists on a road and the road safety matters that cyclists should take note of. The TD will also review the overall course coverage with a view to adding suitable content targeting different classes of vehicles (such as large commercial vehicles reversing and travelling down slopes) to cater for the needs of different categories of motorists. At present, driving tests for applicants of driving licences are stringent and included road tests (except for taxis). These tests are effective in ensuring that successful applicants of driving licences have the competence and driving skills for driving the respective classes of vehicles. As such, we do not consider it necessary to include road tests in the DIC.

     For motorists who have committed traffic offences repeatedly, they will be required to attend a DIC for every 10 DOPs accumulated within a period of two years; if they are convicted of traffic offence, they may also be ordered by the court to attend the DIC. Repeated offenders are thus required to attend the course again without any exemption, incurring additional time and money for the course in the process, so as to correct their improper driving attitude.

(3) To encourage motorists to enroll on the DIC voluntarily, participants who complete the course and satisfy certain conditions (Note) may have 3 points deducted from their total number of DOPs incurred. Moreover, the Government has been promoting through publicity and education the safety awareness of motorists when using the roads. The TD will continue to collaborate with the Road Safety Council and the Police to launch various publicity and education campaigns by means of announcements in the public interest, promotional flyers, carnivals, etc. to promote road safety and proper driving attitude among motorists.
 
Note: The conditions include the participant's satisfactory performance in the course (including fulfilling the required attendance, paying attention during the course, participating actively during in-class and group discussions, as well as passing written and practical assignments of the course). Moreover, the participant must neither have no DOPs or accumulated 15 or more DOPs on the date of completion of the course, nor have been deducted DOPs within the past two years.




LCQ15: Median monthly salary of young people

     Following is a question by the Hon Luk Chung-hung and a written reply by the Chief Secretary for Administration, Mr Matthew Cheung Kin-chung, in the Legislative Council today (July 4):
 
Question:
 
     According to the consultation document on population policy released by the Steering Committee on Population Policy in 2013, the median monthly salary of young people aged between 20 and 29 in full-time employment basically hovered around $10,000 in the past decade. As the cumulative inflation rate during the same period was more than 10 per cent, the monthly salaries of young people in the past decade dropped in real terms. Some young people have become discouraged by the lack of opportunities for upward mobility.  In this connection, will the Government inform this Council:
 
(1) of the respective annual averages of the (a) nominal and (b) real median monthly salaries of persons in full-time employment in various age groups (i.e. below 20, 20 to 29, 30 to 39, 40 to 49, 50 to 59, 60 to 69, and 70 or above) in each year from 2013 to 2017; and
 
(2) of the measures taken by the authorities in the past five years to improve the overall employment environment so as to enable young people to earn higher income, thereby increasing upward mobility opportunities for them?
 
Reply:
 
President,
      
     Young people are Hong Kong's future. The current-term Government strives to do our best in youth development work by addressing their concerns about education, career pursuit and home ownership, and encouraging their participation in politics as well as public policy discussion and debate. In doing so, the Government aims at creating opportunities for upward mobility for young people and support them in fully realising their potential, thereby allowing the younger generation to see hope in future. 
      
     Our reply to the Hon Luk Chung-hung's question is as follows:
 
(1) Based on the data from the General Household Survey conducted by the Census and Statistics Department, the median monthly employment earnings of full-time employees by age (excluding foreign domestic helpers) in 2013 – 2017 in (a) nominal term; and (b) real term (i.e. at the 2017 price level) are shown in Annex. The figures show that the median monthly employment earnings of full-time employees across all age groups had risen notably over the period.
 
(2) The Government attaches great importance to the career development of young people as well as creating ample opportunities for their upward mobility and greater room for their development. To achieve this objective, the Government has to maintain the competitiveness of the Hong Kong economy. In addition to consolidating pillar industries, the Government also explores new economic opportunities to enrich the local industry structure with a view to creating more high-quality employment opportunities and opening up more career choices for young people. In this connection, the Government is committed to developing a high value-added and diversified economy as well as facilitating the development of emerging industries. In particular, the Government has made significant efforts to promote the development of three major high value-added industries, namely innovation and technology, creative industries and finance, with a view to creating new impetus and growth areas for our economy.
 
     In fact, following Hong Kong's sustained economic development, the wages of young graduates have substantially increased in recent years. As shown from the results of the 2015 Study on Earnings Mobility carried out by the former Economic Analysis and Business Facilitation Unit (now renamed as Office of the Government Economist) in collaboration with the Census and Statistics Department published in May 2016, notable upward earnings mobility was enjoyed by first degree graduates from the 2001/02 and 2006/07 cohorts.  Specifically, for the 2001/02 cohort, based on the median figures, first degree graduates could rise by eight income categories within ten years (where each income category covers 1/20 of the overall income distribution). Also, graduates' upward earning mobility was closely related to the manpower demand brought by economic development. There was higher upward mobility amongst science and engineering graduates between 2003/04 and 2013/14, reflecting the growth of the related industries. The Government is currently preparing the results of the 2018 Study, so as to continue the monitoring of earnings mobility on an ongoing basis and explore measures conducive to youth upward mobility.
 
     To help the younger generation seize development opportunities, the Government has continuously enhanced their access to high-quality education and training. In doing so, young people will be equipped with skills demanded by the market in order to unleash their potential in their future career. In this connection, the Government has introduced a series of measures, including:
 
(i) In terms of primary and secondary education, the Education Bureau (EDB) continuously renews the school curriculum to keep abreast of the latest development as well as focus on current and emerging development priorities. With a view to preparing students to succeed in a knowledge-based, technologically advanced, and increasing globalised world, the school curriculum focuses on promoting STEM (science, technology, engineering, and mathematics) education as well as fostering students' entrepreneurial spirit. At the same time, the Government is committed to providing students with diversified life-wide learning experiences, including those for vocational and professional education and training (VPET). In this regard, the Vocational Training Council (VTC) has established the STEM Education Centre and arranged STEM-related outreach for primary and secondary schools.
 
(ii) With regard to higher education, the Government has also implemented a series of measures to further increase subsidised post-secondary education opportunities, and is committed to promoting VPET, in a bid to provide school leavers with broader and more diversified articulation pathways and help young people grasp the opportunities for promotion in the workplace. The Government has been progressively increasing the number of University Grants Committee-funded senior year undergraduate intake places, so that 5 000 meritorious sub-degree graduates will be able to articulate to subsidised degree programmes each year by the 2018/19 academic year. In addition, the Government also implemented the Non-means-tested Subsidy Scheme for Self-financing Undergraduate Studies in Hong Kong (NMTSS) from the 2017/18 academic year. NMTSS provides an annual subsidy of about $30,000 to eligible students pursuing about 300 eligible self-financing undergraduate (including top-up degree) programmes. In the 2017/18 academic year, about 20 000 students benefited under NMTSS.
 
(iii) To encourage the self-financing post-secondary education sector to offer programmes in disciplines that meet Hong Kong's economic and social needs and nurture young people to join related disciplines, EDB has implemented the Study Subsidy Scheme for Designated Professions/Sectors (SSSDP) from the 2015/16 academic year to subsidise about 1 000 students per cohort to pursue designated self-financing undergraduate programmes. SSSDP will be regularised from the 2018/19 academic year with an increase in the number of subsidised places to about 3 000 per cohort. The designated disciplines for the 2018/19 academic year include testing and certification, creative industries, computer science and financial technology, etc.
 
(iv) To promote the development of VPET and better equip young people to join trades and industries with great manpower demand, VTC has launched the Earn & Learn Scheme which integrates structured classroom learning with on-the-job training as well as provides a guaranteed level of salary and incentive allowance. The Scheme enables students to develop along a clear career progression pathway. Since the 2016/17 academic year, some 3 500 students have benefited from the Scheme.
 
(v) The Government injected $1.2 billion into the Qualifications Framework (QF) Fund in March 2018 so as to further strengthen and drive the development of QF, enhance recognition of qualifications for different industries and provide youngsters with quality assured pathways for further studies and career development.
 
(vi) The Government also injected $10 billion into the Continuing Education Fund (CEF) in May 2018 and will implement a series of enhancement measures, including raising the subsidy ceiling and expanding the scope of CEF courses to all courses registered under the Qualifications Register. Employees may make good use of CEF to pursue continuing education and skills upgrading, thereby moving upwards along the career ladder.
 
(vii) To enhance the employability of young people, the Labour Department (LD) implements the Youth Employment and Training Programme in collaboration with training bodies and employers to provide a full range of pre-employment and on-the-job training as well as career guidance and employment support services to young school leavers aged 15 to 24 with educational attainment at sub-degree level or below. Furthermore, LD operates two Youth Employment Resource Centres named Youth Employment Start to provide personalised advisory and support services on employment and self-employment to young people aged 15 to 29, so as to encourage them to make early career planning and assist those who aspire to self-employment in mapping out their career path.
 
(viii) Providing young people with more diverse internship opportunities can broaden their horizon and enhance their employability. EDB provides 9 000 industrial attachment opportunities each year for students studying Higher Diploma and selected Diploma of Vocational Education. The Home Affairs Bureau also implement various youth internship schemes with an aim to enable young people to understand the work culture and career prospects in different places, establish interpersonal networks, broaden their horizon and facilitate their planning for future career. Relevant schemes include the Funding Scheme for Youth Internship in the Mainland as well as the Pilot Scheme on Corporate Summer Internship on the Mainland and Overseas launched in March this year. In 2018/19, the Funding Scheme for Youth Internship in the Mainland subsidises a total of 135 youth internship programmes on the Mainland, expecting to benefit some 3 600 young people, whereas the Pilot Scheme on Corporate Summer Internship on the Mainland and Overseas provides around 250 high quality internship places for young people on the Mainland and overseas.




LCQ2: Ecological environment of Mai Po and adjacent marshes

     Following is a question by the Hon Hui Chi-fung and a reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (July 4):

Question:

     Under the Wild Animals Protection Ordinance, Mai Po and the adjacent marshes (the Mai Po Marshes) are designated as a restricted area. It has been reported that as mudskippers have become a gourmet dish on the Mainland in recent years, and the Mai Po Marshes are close to the Mainland, quite a number of people (mainly Mainland fishermen) trespass on the mudflats in the Mai Po Marshes to catch mudskippers illegally, thus scaring away migratory birds and depriving them of staple food. Furthermore, quite a number of migratory birds have been injured by the hunting appliance deployed in the area. Such activities have had a severe impact on the ecological environment there. In this connection, will the Government inform this Council:

(1) of the number of reports received, and the number of law enforcement operations conducted, by the authorities in each of the past three years on illegal fishing or hunting activities in the Mai Po Marshes; the respective numbers of offenders arrested, prosecuted and convicted (with a breakdown by whether they were Hong Kong residents) as well as the maximum and minimum penalties imposed on the convicted persons;

(2) of the details of the law enforcement work carried out by law enforcement departments at the Mai Po Marshes, including the training received by the law enforcement officers, frequency of and manpower for patrol, as well as the expenditure and strategies of law enforcement work; and

(3) whether, in order to conserve the ecological environment of the Mai Po Marshes more effectively, the authorities will raise the relevant penalties, increase law enforcement resources, step up efforts in public education, strengthen the co-operation with the Mainland authorities in combating illegal fishing, and review the relevant policies and legislation?

Reply:

President,

     Mai Po Marshes and Inner Deep Bay Restricted Area (Restricted Area), comprising a total area of about 800 hectares, includes all the mangrove swamps adjoining the marshes, and the intertidal mudflats and shallow waters of Inner Deep Bay. Mudskippers are common fish species in Hong Kong and can usually be found in the mudflat and shallow water habitats in places such as Inner Deep Bay, Sai Kung, Sha Tau Kok, Tolo Harbour and Lantau Island. Mudskippers are not only found in the Restricted Area. They are not protected species and are occasionally sold in small amount in the local food market. However, conducting illegal activities (including catching mudskippers) in the Restricted Area might affect to different extent the resting of protected wild animals, especially water birds, and the ecology of the area.

     The Wild Animals Protection Ordinance (Cap 170) stipulates that any person who enters into or be within the Restricted Area without a permit issued by the Director of Agriculture and Fisheries and Conservation is liable to a maximum fine of $50,000 on conviction. The Ordinance also bans the possession of hunting appliance, or hunting any local wild animals by means of hunting appliance except in accordance with a special permit. Upon conviction, the maximum penalty is a fine of $100,000 and an imprisonment of one year. Regarding the law enforcement, the Agriculture, Fisheries and Conservation Department (AFCD) conducts regular patrol and enforcement operations in the Restricted Area. At the request of the AFCD, the patrolling officers of the Marine Police responsible for Deep Bay and coastal areas would provide support and take joint enforcement actions.

     My consolidated reply to the questions raised by Hon Hui Chi-fung, after consulting the Security Bureau, is as follows:

(1) In the past 3 years (i.e. 2015-2017), the AFCD received two to four reports of illegal hunting in the Restricted Area and conducted around 800 boat or foot patrols and enforcement operations each year. A total of 200 to 970 fishing gears were seized in the operations annually. There was no prosecution case established under the Ordinance in the Restricted Area. The breakdown of figures is tabulated in the Annex.

(2) The AFCD carried out around 800 patrols in the Restricted Area per year to monitor the ecological conditions and conduct enforcement operations. Upon receiving reports about illegal entry to the Restricted Area, the AFCD will arrange staff to conduct inspections and enforcement operations. Joint operations of the AFCD, the Police or other concerned departments will be carried out when necessary.

     At present, there are 13 AFCD staff responsible for the management and enforcement operations in the Restricted Area. Regular training related to surveillance, enforcement and prosecution is provided to the relevant staff. As these activities form part of the nature conservation work of the AFCD, there is no separate breakdown for the expenditure involved. The Police will also provide assistance and support upon the AFCD's request while the number of patrols and manpower allocation will be subject to crime situation and the need of police operations.

(3) To effectively conserve the ecological habitats in Mai Po Marshes, the AFCD and the Police have strengthened collaboration and taken targeted surveillance, patrol, enforcement operation, intelligence collection and exchange. In respect of cross-boundary co-operation, the Police has been liaising with relevant mainland authorities to combat criminal activities entering into Hong Kong. The AFCD has also contacted its Mainland counterpart for combating illegal fishing activities in Restricted Areas through education and publicity efforts for fishermen in both Hong Kong and the Mainland of China. In addition, the AFCD reviews the provisions of the Ordinance and relevant policies from time to time with a view to better conserving the wild animals and their important habitats.

     Thank you, President.