Author Archives: hksar gov

     Following is a question by the Hon Kenneth Leung and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (December 11):
 
Question:
 
    In the Supplement to the Policy Address of this year, the Government indicated that it would implement a voluntary scheme for phasing out personal care and cosmetic products containing microbeads (Voluntary Scheme) to encourage the trade to stop the manufacture, import and sale of such type of products and help consumers choose microbead-free products. In this connection, will the Government inform this Council:
 
(1) as it is learnt that enacting legislation to ban products containing microbeads has become a global trend (countries which have enacted such legislation include the United States, the United Kingdom and South Korea), of the justifications for the Government to merely implement the Voluntary Scheme instead of enacting legislation; whether the Government will undertake to introduce legislation within the coming three years to comprehensively regulate the manufacture, import and sale of products containing microbeads; if so, of the details and timetable; if not, the justifications for that;
 
(2) of the details (including the implementation details, monitoring approach, and anticipated participation rate and effect) of the Voluntary Scheme;
 
(3) whether it will take measures or provide incentives to encourage small and medium retailers to participate in the Voluntary Scheme; if so, of the details; if not, the reasons for that; and
 
(4) given that the Environmental Protection Department commenced a one-year consultancy study in mid-2018 on personal care and cosmetic products containing microbeads, when the relevant study report will be published?

Reply:
 
President,
 
     Reply to the question raised by the Hon Kenneth Leung is as follows:
 
(1) The Environmental Protection Department commissioned a consultancy study in April 2018 to review the international trend of regulating personal care and cosmetic products (PCCPs) containing microbeads and to collect and analyse relevant local market information, as well as to suggest a regulatory approach applicable to Hong Kong. The study cited a report compiled by the International Union for Conservation of Nature stating that the majority of microplastics present in the ocean comes from natural degradation of plastic waste, while only 15 per cent to 31 per cent may originate from other specific sources, namely, plastic pellets raw materials, tyres, synthetic textiles, marine coatings, road markings, city dust and personal care products. Among these specific sources, the release of microbeads to the ocean from the use of PCCPs only accounts for about 2 per cent of the global microplastics emission quantity. Although by proportion this is a very minimal source, it is regarded as the only source of “intentional release”. Hence various measures have been progressively implemented around the world to control the release of microbeads at the source.

     Currently, voluntary phase-out and legislative control are two main approaches adopted in different places according to their particular circumstances to replace microbeads with alternative materials in the products progressively.
 
     In the situation of Hong Kong, the local PCCP market is largely dependent on import, with manufacturing bases set up at places outside Hong Kong, including those countries and regions that have adopted different means and coverage to ban the manufacture of some types of microbead-containing products. Therefore, it will take quite some time to work out an appropriate and clear regulatory approach, to consult the various stakeholder groups in the trade, to go through the legislative procedures, and to allow time for the industry to clear out their stock. As such, whether to serve as a transitional arrangement in the legislative process or to respond to the society’s strong aspiration for Hong Kong to catch up with the international trend of eliminating products containing microbeads as soon as possible, putting in place a voluntary phase-out scheme in the short term would be indispensable.
 
     Based on the above analysis, we adopted the consultant’s recommendation to implement a voluntary scheme first for phasing out PCCPs containing microbeads, aiming to encourage the trade to stop the production, importation and sale of these products, and to assist consumers in choosing microbead-free products. We will review the effectiveness of the voluntary phase-out scheme two years after its launch, and assess whether it is suitable to adopt legislative control over products containing microbeads in the Hong Kong market.

(2) The study information indicates that some places around the world, such as Australia and the Netherlands, have successfully applied voluntary schemes to progressively phase out microbeads. For example, the Australian Government launched in 2017 a voluntary programme with the phase-out rate assessed regularly. Based on data collected up to 2018, 97 per cent of PCCPs in Australia are already microbead-free.

     Making reference to successful overseas experience, the Government has initial plan to establish a “Microbead-free Charter” for implementing a voluntary phase-out scheme. Participants, taking due consideration of their operational conditions, can set their own targets and timetables for reducing or ceasing the production, importation and sale of PCCPs containing microbeads and strive to achieve the targets within the set timeframe. In the course of the scheme, we will follow up on the participants’ phase-out progress, and conduct sample surveys and product testing for the purpose of examining and reporting the effectiveness of the scheme. At the same time, the Government will launch complementary publicity and education activities to provide the public with appropriate and accurate information, and to enhance their understanding of microbeads-related subjects. We plan to roll out the voluntary phase-out scheme in the second half of 2020. Its details, including the execution plan, monitoring methodology, effectiveness measurement, etc are still being drafted.

(3) We understand that, from the retailers’ point of view, in particular small and medium-sized retailers having limited capability in market research and less resource for advertising and promotion, the necessary incentives for them to participate in ceasing the sale of PCCPs containing microbeads would be that they can obtain reliable ingredient information from manufacturers or importers and receive some support on public promotion. In fact, in recent years some international brand-name companies have taken voluntary actions to phase out microbeads gradually and replace them with natural alternatives (e.g. salt crystals, nut shells) in their products to enhance corporate image and competitiveness, and there has been an increasing variety of microbead-free products in the market. Therefore, on one hand, we plan to publicise the list of merchants that have joined the “Microbead-free Charter” and organise promotion activities such as launching and award presentation ceremonies to show encouragement and recognition. On the other hand, we would also provide the public with a list of microbead-free products and information on microbeads alternatives so as to share the retailers’ responsibility on product checking and to facilitate green purchasing by consumers.

(4) The key findings and recommendations of the consultancy study have been covered in this reply. The consultancy study report is still being compiled and its relevant contents would be released in due course. read more

     Following is a question by the Hon Tony Tse and a written reply by the Secretary for Development, Mr Michael Wong, in the Legislative Council today (December 11):

Question:

     In October this year, the Government announced that an additional funding of a total of $10.5 billion would be provided for four subsidy schemes (i.e. the Operation Building Bright 2.0, the Building Maintenance Grant Scheme for Elderly Owners, the Lift Modernisation Subsidy Scheme and the Fire Safety Improvement Works Subsidy Scheme) to help more owners in need to properly maintain and repair their buildings. In this connection, will the Government inform this Council:

(1) whether it knows the following details of each of the subsidy schemes since their implementation: (i) the respective numbers of applications received and approved, (ii) the number of buildings benefited, (iii) the average time taken for the vetting and approval of each approved application, and (iv) the total amount of subsidies granted so far (set out in a table);

(2) given that some members of the construction industry are concerned about whether the Urban Renewal Authority and the Hong Kong Housing Society, which are tasked with implementing the subsidy schemes, have sufficient manpower to process and follow up the relevant applications, whether the Government knows if such institutions will, in the coming year, (i) increase manpower and (ii) draw up performance pledges on the time to be taken for vetting and approval of applications;

(3) given that some buildings lack an owners’ corporation to take charge of the co-ordination work on applying for the subsidy schemes, and that quite a number of owners have indicated that they are unfamiliar with the details of such schemes, of the new measures put in place to encourage the owners concerned to lodge applications, and to provide them with the assistance they need; and

(4) whether it has assessed if there are sufficient qualified contractors and workers on the market to carry out building safety and rehabilitation works under the subsidy schemes, as well as the new measures put in place to handle the situation of a mismatch between manpower and skills?

Reply:
 
President,

     Timely and proper building maintenance is the primary responsibility of property owners. That said, some owners, in particular those residing in aged “three-nil” buildings (Note 1), may lack the technical knowledge or financial means in fulfilling the responsibility. Therefore, the Government has rolled out various subsidy schemes relating to building safety and rehabilitation to assist needy owners according to schemes’ respective objectives. The Government has also announced on October 11, 2019 to inject additional funding into and enhance four existing subsidy schemes.

     My reply to the question raised by Hon Tony Tse is as follows:

(1) As at November 2019, the approximate number of applications received and approved, number of beneficiary buildings or lifts involved, and amount of subsidy approved under the relevant schemes are set out in the table below:
 

	Number of applications received	Number of applications approved	Number of buildings or lifts involved in approved applications	Subsidy approved
Operation Building Bright 2.0 (OBB 2.0)	650	580	480 buildings (Note 2)	Nil (Note 3)
Lift Modernisation Subsidy Scheme (LIMSS)	1 200	610	1 400 lifts (Note 4)	Nil (Note 3)
Fire Safety Improvement Works Subsidy Scheme (FSIWSS)	2 570	1 930	1 950 buildings	Nil (Note 3)
Building Maintenance Grant Scheme for Elderly Owners (BMGSEO)	35 000	27 100	Not applicable (Note 5)	$690 million (Note 6)

     As regards the vetting time, the first round of applications for OBB 2.0, FSIWSS and LIMSS had already closed. The Urban Renewal Authority (URA) had initially vetted the applications and written to applicants informing them of the results and the priorities. The URA will approach the applicants according to their priority and assist them in organising and undertaking the works.
      
     Hong Kong Housing Society (HKHS) is the Government’s partner of BMGSEO (note 8). Generally speaking, the grants can be released within two months upon receipt of all documents from and completion of required formalities by the applicants.

(2) The URA and the HKHS are responsible for the manpower needed for implementing the above four schemes under their charge. Both the URA and the HKHS indicate that on current showing they have sufficient manpower and financial resources to cope with applications made under the schemes. They will also review the situation from time to time to adjust relevant staffing arrangements timely. The time required for processing applications under the schemes would depend on factors such as whether the applicants have submitted relevant information timely and in a complete manner, and whether relevant procedures are completed on time; it is difficult to generalise the processing time required. The Government, the URA and the HKHS will pay close attention to the processing time and consider the need to set a suitable and feasible target processing time as needed.

(3) To enhance support for owners of aged buildings, the Home Affairs Department has implemented the Building Management Professional Advisory Service Scheme. Property management companies were commissioned to provide owners of aged buildings in need, in particular those of “three-nil” buildings, with a range of free professional advisory and follow-up services on building management, including assistance in formation of owners’ corporation (OC), applying for relevant subsidies, and following up relevant tendering matters.
 
     For OBB 2.0, FSIWSS and LIMSS, to assist owners of “three-nil” buildings in organising building repair works for participating in the three schemes, the URA has appointed a legal adviser to assist relevant owners to check the Deed of Mutual Covenant (DMC) of their buildings with a view to understanding whether or not the owners may, without an OC, pass a valid resolution at owners’ meeting to resolve the carrying out of repair and improvement works at the common parts of the building based on the relevant clauses of the DMC.
      
     Furthermore, to assist those eligible buildings wishing to form OCs and join the above three schemes in the capacity of OC, noting that OC formation often takes time, the URA has made special arrangement when handling such applications. Namely, these owners are allowed to submit only proof demonstrating their consensus to join the schemes before the application deadline, and to supplement relevant OC meeting documents before a specified time after the application deadline. The URA has also partnered with non-government-organisations (NGOs) in different districts to introduce these three schemes to owners of the target buildings in the district and assist them in making applications. In addition, to encourage owners to organise OC for carrying out the works under the above three schemes, the URA has from its resources set up a subsidy of $3,000 to buildings successfully forming an OC to cover the cost for OC formation.
     
(4) The Government in partnership with the URA will process the eligible applications of OBB 2.0, FSIWSS and LIMSS in phases to avoid jacking up construction prices due to an upsurge in new works demand concurrently.
      
     Currently, there are about 1 600 authorised persons, 440 registered structural engineers, 750 registered general building contractors and over 18 000 registered minor works contractors under the Buildings Ordinance, as well as about 860 registered fire service installation contractors. The manpower should be sufficient in providing various services on building and fire services improvement works necessary for OBB 2.0, FSIWSS, and BMGSEO.
      
     We have also in conjunction with the Construction Industry Council (CIC) preliminarily reviewed labour supply. No significant shortage in workers’ supply is envisaged noting the outlook of private market which is affected by the downward pressure on economy. Nevertheless, the Government will closely monitor the market supply in conjunction with the CIC and will step up workers’ training as needed.
      
     For LIMSS, there are at present 41 registered lift contractors in the market, which should suffice in taking up the additional works arising from LIMSS. We estimate that the lift industry would need about 360 more lift workers in the coming six years. We have collaborated with the CIC to arrange suitable training schemes to attract new blood to join the lift industry thereby strengthening the workforce of the industry to handle the additional modernisation works.

Note 1: Viz. buildings which do not have an owners’ corporation or residents’ organisations, or having engaged any property management company.
 
Note 2: As application under OBB 2.0 is made on the basis of Deed of Mutual Covenant (DMC), and some buildings have more than one DMC to determine owners’ rights and responsibilities; the number of applications is therefore greater than the number of buildings involved. In addition to the some 480 buildings approved as Category 1 buildings, the Buildings Department (BD) has also selected about 310 buildings as Category 2 buildings (note 7).
 
Note 3: Subsidy of the schemes will be released to the owners in accordance with the progress of actual works done. As the schemes only accepted applications in or after July 2018, and that the relevant works concern common parts of the buildings for which owners always need time to co-ordinate, subsidy under the schemes has yet been released to the owners as of end November 2019. The URA as the partner of the Government for the schemes will release relevant subsidy upon completion of required procedures.
 
Note 4: Granting of subsidies under the scheme is lift-based (not building-based).
 
Note 5: Applications are individual-based (not building-based).
 
Note 6: Including amount of grant released and committed to be released for the approved applications.
 
Note 7: Category 1 buildings cover those whose owners are prepared to take up the organisation of the prescribed inspection and repair works for at least the common parts of their buildings with a view to complying with the Mandatory Building Inspection Scheme (MBIS) requirements. Category 2 buildings cover those which have outstanding MBIS notice(s) but the owners concerned have difficulties in co-ordinating the prescribed inspection and repair works for the common parts of the buildings. The BD will select Category 2 buildings proactively on risk basis for exercising BD’s statutory power to hire consultants and contractors to carry out the required works in default of the owners concerned, and recover the costs incurred from the owners. Eligible owners may seek to cover all or part of the costs incurred by claiming subsidies available to them under OBB 2.0.
 
Note 8: The Government announced in October 2019 its plan to enhance the BMGSEO, and rechristen it as “Building Maintenance Grant Scheme for Needy Owners”. The URA will partner with the Government to implement the new scheme.
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     Following is a question by the Hon Starry Lee and a reply by the Chief Secretary for Administration, Mr Matthew Cheung Kin-chung, in the Legislative Council today (December 11):
      
Question:
 
     The disturbances arising from the opposition to the proposed legislative amendments have persisted for half a year, during which the radicals have incessantly blocked roads, vandalised facilities and attacked police officers and members of the public, and some people even died. The targets and scope of their attacks are continually expanding and the weapons they use are increasingly lethal. There are comments that apart from dealing a heavy blow to the economy and international reputation of Hong Kong, the chaotic situation has also resulted in members of the public being tormented by the turmoil and social dissension. Members of the public are deprived of freedom of speech and a normal life as they silence themselves to avoid attacks and dare not go out because of personal safety concern. In this connection, will the Government inform this Council:
 
(1) whether it will set up a coordinating committee on stopping violence and curbing disorder, to be chaired by the Chief Executive with members comprising the relevant Secretaries of Departments, Directors of Bureaux and Heads of Departments, to make pragmatic and objective assessment and judgment, on a daily basis, on the latest situation on the street, the damages to public facilities, traffic conditions, etc, and to instruct the relevant government departments to take preventive and contingency measures to curb violence, so as to safeguard the safety, dignity and human rights of members of the public and ensure the smooth operation of public transport;
 
(2) as there are comments that the results of the District Council Ordinary Election held last month have reflected the distrust of many members of the public in the Government and their dissatisfaction with its performance in policy implementation, whether the Government has conducted a review in this regard; if so, of the outcome and improvement measures; and in order to rebuild the trust of members of the public in the Government, how the Government will tackle as early as possible the torrent of unsubstantiated information on the Internet, lest the social atmosphere is agitated; and
 
(3) whether the Chief Executive will, before setting up an independent review committee, first alleviate the dissension within society properly and eliminate the confrontational and hostile sentiments between the police and the public; if so, of the measures in place; if not, the reasons for that?
 
Reply:
 
President,

     Our reply to Hon Starry Lee’s question is as follows:

(1) To tackle the spate of illegal activities during the civil unrest since June this year, the Chief Executive (CE) has been leading the Government of the Hong Kong Special Administrative Region (HKSARG) to handle the issues and ensure the normal functioning of the society. At the meeting held every weekday morning, CE, together with all Principal Officials (POs), will review and discuss the latest situation and the response to that. In addition, CE will hold meetings with the concerned POs to plan and deliberate on tactics in the light of the latest development. On the days of large-scale public order events (POEs) (usually on Sundays), CE would chair meetings with POs to monitor and respond to the situation. Further, in early October this year, CE formed a high-level inter-bureau task force within the Government. The purpose is to co-ordinate and follow up on the series of issues arising from the recent social unrest. In terms of actual operation, the Government will in accordance with established practice activate the “Emergency Monitoring and Support Centre” (EMSC) in a timely manner as appropriate. Apart from monitoring the situation during POEs in different districts, EMSC will also communicate and coordinate with relevant departments and assist the Government to co-ordinate emergency response as required.  EMSC will make timely reports to the key officials to keep them up-to-date.   
 
     To effectively cope with and expeditiously respond to POEs involving escalated violence, I, as the Chief Secretary for Administration, chair a high-level Inter-departmental Action Task Force (IATF). The function of IATF is to oversee and co-ordinate the various actions that bureaux and departments need to take expeditiously and effectively to monitor, respond to and follow up on the situations, as well as to disseminate information and dispel rumours. The objective is to support the Police in stopping violence and curbing disorder. The work of IATF includes expeditious removal of street blockages and speedy repairs to damage done to public facilities so that members of the public can resume their daily routine as quickly as possible. In addition, IATF has followed up on major incidents such as the closure of the Cross Harbour Tunnel (CHT) owing to serious damage caused by violent protestors. Under the co-ordination of IATF and with close collaboration of the relevant departments (including the Transport Department, Highways Department, Electrical and Mechanical Services Department, Architectural Services Department, Fire Services Department, Food and Environmental Hygiene Department and the Police), we completed the repair works quickly and re-opened CHT within a short period of time. Before and immediately after the re-opening of CHT, the Government arranged special ferry service to cater for the commuting needs of the local residents. 
 
     We are keenly aware that in order to cope with the serious situation that Hong Kong is currently facing, all bureaux and departments must work together as a team and in unity. At a meeting with the Heads of Departments, CE clearly required all bureaux and departments to spare no effort in stopping violence and curbing disorder. Through high-level co-ordination, we will continue to strengthen collaboration amongst the departments and closely monitor and react swiftly to the development of the protest actions, with a view to ensuring that the community can be business as usual as soon as possible.
 
(2) The 2019 District Council Ordinary Election (“the Election”) was held smoothly on November 24. The cumulative turnout rate, of about 71.2 per cent, is a record high. This shows that voters hoped to express their views through the Election. In general, the poll was held in a peaceful, safe and orderly manner, representing a wish of the public for the community to return to a peaceful and safe one as soon as possible.
 
     The Government respects the Election results. We have noticed that there are various analyses and interpretations in the community in relation to the results. Quite a few are of the view that the results reflect people’s dissatisfaction with the current situation and the deep-seated problems in society. We will listen to the opinions of members of the public humbly and seriously reflect.
 
     Regarding online messages, the Information Services Department (ISD) and bureaux and departments have been closely monitoring the situation. When it is spotted that unverified information circulating widely online is stirring up negative sentiment in the community, the Government will make clarifications via multiple channels as soon as possible to allay concerns. ISD has set up a dedicated webpage and launched a series of one-minuters on the social media platforms to disseminate government clarifications and important messages. At the same time, ISD has launched a set of TV/radio APIs themed “Check facts to keep fake news in check” to remind the general public to beware of various information that they come across.
 
(3) Members of the public enjoy the freedom of expression, speech and assembly in accordance with the law. The Police have a statutory duty to maintain public safety and public order. When unlawful acts take place, the Police must take appropriate actions to respond.  If there is no unlawful act, the Police do not need to take any enforcement action at all. We understand that recent violent protests have caused tension between the Police and the public. However, to maintain rule of law and public order in an effective manner in Hong Kong, efforts and strength of the Police alone are not enough. Support and cooperation of the public are also required. Only with mutual understanding of each other can we restore order in society and ensure Hong Kong continues to be a safe city.
 
     CE and the political team will continue to engage in in-depth dialogue with people of different political stances and background in the community, so as to get a better understanding of the deep-seated problems in society and find pragmatic solutions. In addition, we have announced that we will invite community leaders, experts and academics to set up an independent review committee to examine and review the deep-seated social problems. We hope that through looking into the causes of the social events that took place in the past months, the committee can come up with solutions for the Government. We will listen to the views of the community before we decide on the timing to set up the committee.
 
     Thank you, President.
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     Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session after attending the Legislative Council meeting today (December 11):
 
Reporter: Secretary, what do you think of the court’s ruling on the mask ban? Now that officers can no longer enforce the law under the Emergency Regulations Ordinance, what do you think of that?
 
Secretary for Justice: The case is still under its judicial process, and it is sub judice, and it would not be appropriate for me to comment.
 
Reporter: Secretary, have you offered to resign from your post and stay in London? And are you expecting to be removed from your post any time soon? Second question regarding the arson attacks targeting the courts, the slogans painted on the buildings specifically say that they do not trust the rule of law here in Hong Kong. Do you think your department has any role to play in the loss of confidence in regards to the rule of law?
 
Secretary for Justice: Arson is a very, very serious crime, and therefore no one should try and attempt to think that they can get away with arson lightly. It can attract a life sentence. Any arson act, which I think is not just before the court, but in various other places in Hong Kong, should not be allowed to continue and should be condemned. Insofar as the attack on the court is concerned, that is even more disgraceful, and it is very sad to see that people in Hong Kong are attacking our own court, which is truly independent and has been upholding the rule of law. We, in the Department of Justice, continue to support the judicial independence as well as the rule of law in Hong Kong.

     As to the speculation, which is a pure speculation that has been reported recently in some social media about resignations and all the rest of it, it is a pure speculation. I urge you all, as responsible media, to check the facts and to look at evidence rather than to just repeat what has been said. Thank you very much.
 
(Please also refer to the Chinese portion of the transcript.)
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     Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session after attending the Legislative Council meeting today (December 11):
 
Reporter: Secretary, what do you think of the court’s ruling on the mask ban? Now that officers can no longer enforce the law under the Emergency Regulations Ordinance, what do you think of that?
 
Secretary for Justice: The case is still under its judicial process, and it is sub judice, and it would not be appropriate for me to comment.
 
Reporter: Secretary, have you offered to resign from your post and stay in London? And are you expecting to be removed from your post any time soon? Second question regarding the arson attacks targeting the courts, the slogans painted on the buildings specifically say that they do not trust the rule of law here in Hong Kong. Do you think your department has any role to play in the loss of confidence in regards to the rule of law?
 
Secretary for Justice: Arson is a very, very serious crime, and therefore no one should try and attempt to think that they can get away with arson lightly. It can attract a life sentence. Any arson act, which I think is not just before the court, but in various other places in Hong Kong, should not be allowed to continue and should be condemned. Insofar as the attack on the court is concerned, that is even more disgraceful, and it is very sad to see that people in Hong Kong are attacking our own court, which is truly independent and has been upholding the rule of law. We, in the Department of Justice, continue to support the judicial independence as well as the rule of law in Hong Kong.

     As to the speculation, which is a pure speculation that has been reported recently in some social media about resignations and all the rest of it, it is a pure speculation. I urge you all, as responsible media, to check the facts and to look at evidence rather than to just repeat what has been said. Thank you very much.
 
(Please also refer to the Chinese portion of the transcript.)
  read more