Tag Archives: China

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Inspection of aquatic products imported from Japan

     In response to the Japanese Government’s plan to discharge nuclear-contaminated water at the Fukushima Nuclear Power Station, the Director of Food and Environmental Hygiene issued a Food Safety Order which prohibits all aquatic products, sea salt and seaweeds originating from the 10 metropolis/prefectures, namely Tokyo, Fukushima, Ibaraki, Miyagi, Chiba, Gunma, Tochigi, Niigata, Nagano and Saitama, from being imported into and supplied in Hong Kong.
 
     For other Japanese aquatic products, sea salt and seaweeds that are not prohibited from being imported into Hong Kong, the Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department will conduct comprehensive radiological tests to verify that the radiation levels of these products do not exceed the guideline levels before they are allowed to be supplied in the market.
 
     As the discharge of nuclear-contaminated water is unprecedented and will continue for 30 years or more, the Government will closely monitor and step up the testing arrangements. Should anomalies be detected, the Government does not preclude further tightening the scope of the import ban.
 
     From noon on January 16 to noon today (January 17), the CFS conducted tests on the radiological levels of 177 food samples imported from Japan, which were of the “aquatic and related products, seaweeds and sea salt” category. No sample was found to have exceeded the safety limit. Details can be found on the CFS’s thematic website titled “Control Measures on Foods Imported from Japan” (www.cfs.gov.hk/english/programme/programme_rafs/programme_rafs_fc_01_30_Nuclear_Event_and_Food_Safety.html).
 
     In parallel, the Agriculture, Fisheries and Conservation Department (AFCD) has also tested 50 samples of local catch for radiological levels. All the samples passed the tests. Details can be found on the AFCD’s website (www.afcd.gov.hk/english/fisheries/Radiological_testing/Radiological_Test.html).
 
     The Hong Kong Observatory (HKO) has also enhanced the environmental monitoring of the local waters. No anomaly has been detected so far. For details, please refer to the HKO’s website
(www.hko.gov.hk/en/radiation/monitoring/seawater.html).
 
     From August 24 to noon today, the CFS and the AFCD have conducted tests on the radiological levels of 25 793 samples of food imported from Japan (including 17 224 samples of aquatic and related products, seaweeds and sea salt) and 7 268 samples of local catch respectively. All the samples passed the tests. read more

LCQ9: Mandatory Window Inspection Scheme

     Following is a question by the Hon Chan Kin-por and a written reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (January 17):
 
Question:
 
     Under the Mandatory Window Inspection Scheme (MWIS), owners of private buildings aged 10 years or above (except domestic buildings not exceeding three storeys) and served with statutory notices by the Buildings Department (BD) are required to appoint a Qualified Person to carry out the prescribed inspection of all windows in their buildings and supervise the prescribed repair works found necessary after the inspection. In this connection, will the Government inform this Council:
 
(1) of the number of reports received by the authorities in each of the past five years on incidents of windows falling from private buildings aged 10 years or above;
 
(2) of the total number of the MWIS notices issued by the BD and the number of buildings involved in each of the past five years, with a breakdown by type of buildings (i.e. domestic building, commercial building, industrial building, hotel and building of other usage), as well as their respective percentages in the relevant numbers of target buildings covered; whether the authorities will introduce enhancement measures to meet the relevant target;
 
(3) of the number and rate of non-compliant MWIS notices, as well as the average length of the overdue period in each of the past five years; in respect of those owners who failed to comply with the MWIS notices, (i) the follow-up as well as law enforcement and regulatory actions taken and (ii) the total number of prosecutions instituted by the BD, as well as the penalties imposed on the convicted persons; and
 
(4) whether it will step up publicity on the proper ways of using windows, and provide information to members of the public on the proper repair and maintenance of aluminium windows; if so, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     Regarding the Member’s question about the Mandatory Window Inspection Scheme (MWIS), my reply is as follows:
 
(1) In the past five years, the numbers of fallen window cases in private buildings aged 10 years or above received by the Buildings Department (BD) are listed below: 
 

Year 2019 2020 2021 2022 2023
No. of fallen window cases 77 46 40 32 48

(2) In the past five years, the BD had issued a total of about 180 000 notices under the MWIS (“notices”) to some 2 800 private buildings. Breakdown by the relevant building types are tabulated below:  
 
Year No. of “notices” No. of buildings involved Type of Buildings
Domestic/
Composite
Commercial/ Hotel Industrial Others
(e.g. Institution or community facilities)
2019 25 772 435 412 0 1 22
2020 26 322 486 475 0 4 7
2021 46 605 689 677 1 1 10
2022 49 930 603 594 0 1 8
2023 32 588 637 622 1 3 11
Total 181 217 2 850 2 780 2 10 58

     Starting from 2021, the BD increased the number of buildings selected for the MWIS each year from about 400 earlier to 600. A large number of these buildings have been concurrently selected for Mandatory Building Inspection Scheme (MBIS) under the risk-based approach. The remaining buildings that only received the MWIS notices are selected taking into account records of fallen window cases, window conditions, building clusters (Note 1), etc.

     The current selection arrangement has not set a target number for different types of the building. It mainly takes into account the maintenance of building elements and windows, which are directly related to the management quality of the building itself. The owners of domestic/ composite buildings are usually less effective in daily building management and maintenance than those of industrial and commercial buildings. In this regard, the about 600 buildings selected under the risk-based approach will mainly be domestic/ composite buildings. The figures in the table above show that the MWIS notices have been mainly issued to domestic/ composite buildings in the past five years, which reflects this policy intent. 

     The 2023 Policy Address announced a review on the execution of the MBIS policy, with one of the directions being a more precise selection of higher-risk buildings for issuance of MBIS notices. This also applies to the issuance of the MWIS notices, so as to enhance building safety more comprehensively. We will put forward specific proposals in the first quarter of this year.

(3) Generally speaking, in cases of expired “notices” that have not been complied with, the BD will first issue warning letters to the owners to urge for compliance. Otherwise, the BD may serve a penalty notice to the owner under section 40(1BE) of the Buildings Ordinance, requiring him/her to pay a fixed penalty of $1,500. If the owner continues to fail to comply with the “notices” served without reasonable excuse, the BD may serve a further penalty notice or instigate prosecution. With prosecution instigated and once convicted, the offender is liable to a fine at level 4 ($25,000 at present) and to imprisonment for three months; as well as to a further fine of $2,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.

     In the past five years, the numbers of expired “notices” that have not been complied with, percentage of non-compliance, numbers of prosecution cases and fixed penalty notices issued are tabulated below. The BD does not compile statistics on the average overdue period for non-compliant “notices” and the penalties imposed on offenders in convicted cases.
 
Year No. of “notices” No. of expired “notices” that have not been complied with Percentage of non-compliance
(%)
No. of fixed penalty notices issued (Note 2) No. of prosecution cases (Note 2)
2019 25 772 2 192 9 1 687 68
2020 26 322 2 141 8 1 843 46
2021 46 605 3 343 7 3 214 270
2022 49 930 5 027 10 2 573 345
2023 32 588 5 123 16 2 967 318
Total 181 217 17 826 12 284 1 047

     The 2023 Policy Address announced that a review on the Buildings Ordinance will be conducted to enhance enforcement power by the BD. We are exploring streamlining the prosecution procedures, lowering the prosecution threshold, as well as raising penalties against non-compliance with notices served under the MBIS and the MWIS, so as to increase prosecution efficiency and chances of conviction, and to increase the deterrent effect. We will put forward the amendment proposal this year and conduct consultation, with the aim of submitting the amendment bill to the Legislative Council as soon as possible.

(4) For publicity and education, the BD has all along been providing the public with information on the proper use, good maintenance, and care of windows through various channels such as official website, social media, posters, etc. These include the pamphlet “Important notes about window safety” and guideline “Layman’s guide on MWIS”.  The BD has also launched a mobile application “WIN SAFE” to encourage owners to, in accordance with the requirements of the MWIS, regularly appoint a qualified person to inspect and supervise repair works of the windows in their premises. The BD will continue its efforts in publicity and education work.

Note 1: The other buildings within the same lot or share the same Deed of Mutual Covenant (which owners share maintenance and repair responsibility for the common parts) with the selected target building will also be selected.

Note 2: Figures may not correspond to the “notices” issued in that year. read more

LCQ17: Financial returns on government assets

     Following is a question by Dr the Hon Kennedy Wong and a written reply by the Secretary for Financial Services and the Treasury, Mr Christopher Hui, in the Legislative Council today (January 17):
 
Question:
 
     Regarding the financial returns on government assets, will the Government inform this Council:
 
(1) of the amount of net earnings and the rate of return on average net fixed asset of the following government assets or items which are non-‍trading funds in each of the past five years (set out in a table):
 
(i) approximately 75 per cent shareholding of MTR Corporation Limited;
(ii) West Rail Property Development Limited;
(iii) Airport Authority Hong Kong;
(iv) all government toll-tunnels and bridges, including: 
     (a) Cross-Harbour Tunnel;
     (b) Eastern Harbour Crossing;
     (c) Western Harbour Crossing;
     (d) Tate’s Cairn Tunnel;
     (e) Aberdeen Tunnel;
     (f) Lion Rock Tunnel;
     (g) Shing Mun Tunnels;
     (h) Tseung Kwan O Tunnel;
     (i) Route 8K;
     (j) Lantau Link (including Tsing Ma Bridge); and
     (k) Hong Kong-Zhuhai-Macao Bridge Hong Kong Section; 
(v) the Hong Kong-Macau Ferry Terminal in Sheung Wan and the China Ferry Terminal in Tsim Sha Tsui;
(vi) Waterworks;
(vii) Sewage Services;
(viii) Government buildings (including car park rentals/disposal proceeds);
(ix) Hongkong International Theme Parks Limited;
(x) Hong Kong Cyberport Development Holdings Limited;
(xi) Hong Kong Science and Technology Parks Corporation;
(xii) Hong Kong IEC Limited; and
(xiii) Urban Renewal Authority;
 
(2) of the target rate of return on fixed assets of the following trading funds and the amount of related income in each of the past five years (set out in a table):
 
(i) Companies Registry Trading Fund;
(ii) Electrical and Mechanical Services Trading Fund;
(iii) Land Registry Trading Fund;
(iv) Office of the Communications Authority Trading Fund; and
(v) Post Office Trading Fund; and
 
(3) how the Government handles the financial returns generated by government assets mentioned in (1) and (2)?
 
Reply:
 
President,
 
     Our reply to the question raised by Dr the Hon Kennedy Wong is as follows:
 
(1) In the past five years, the amount of net earnings or cash dividends received from the following government assets or items are set out as follows:
 

Item Net earnings or cash dividends received by the Government
($ million)
2018-19 2019-20 2020-21 2021-22 2022-23
(i) MTR Corporation Limited 0 (Note 1) 5,561.0 5,700.0 5,700.0 6,673.2
(ii) West Rail Property Development Limited 8,000.0 0 0 0 0
(iv) Tunnels and bridges (Note 2) 2,568.3 2,208.7 1,943.3 2,043.9 1,989.2
(v) Marine ferry terminals (Note 3) 190.2 103.9 1.3 0.3 1.7
(vi) Waterworks (Note 4) 2,749.9 2,484.2 2,401.8 2,221.3 2,208.3
(vii) Sewage service
(Note 5)
1,500.0 1,317.7 1,093.1 978.1 992.0
(viii) Government properties (Note 6) 1,943.0 1,371.8 477.5 464.3 646.8
 
     The Government did not receive any cash dividend in the past five years from items (iii) Airport Authority Hong Kong (Note 7), (ix) Hong Kong International Theme Parks Limited, (x) Hong Kong Cyberport Development Holdings Limited, (xi) Hong Kong Science and Technology Parks Corporation, and (xii) Hong Kong IEC Limited (Note 8) as mentioned in the question.
 
     As for item (xiii), the Urban Renewal Authority (URA) was established in May 2001 under the Urban Renewal Authority Ordinance as the statutory body to undertake, encourage, promote and facilitate urban renewal of Hong Kong, with a view to addressing the problem of urban decay and improving the living conditions of residents in old districts. The URA does not have a shareholding structure and does not declare dividends to the Government.
 
     Besides, as revealed in the operating accounts in respect of government utilities over the past five years, the rate of return on average net fixed assets (ANFA) are set out as follows:
 
Item Rate of return on ANFA
2018-19 2019-20 2020-21 2021-22 2022-23
(iv) Government toll tunnels and bridges (Note 9) 2.4% 1.8% 0.6% 0.8% -0.3%
(v) Marine ferry terminals -1.5% -23.3% -46.3% -41.5% -43.4%
(vi) Waterworks -2.7% -2.6% -2.7% -2.9% -3.2%
Note: as mentioned above, the continued impact of COVID-19 on economic activities together with concession measures on some charges have impacts on the rates of return on ANFA.
 
     Since the introduction of the sewage services charging scheme in 1995, the sewage charge and trade effluent surcharges have been set based on only the operating cost of sewage services but not the capital cost. As such, the figures in respect of the return on ANFA are not available in the operating accounts of sewage services.
 
     Regarding other government assets or items raised in the question, given that the Government does not keep information on their ANFA, we are unable to provide figures in respect of their rates of return on ANFA.
 
(2) Trading funds are distinct accounting entities established under the Trading Funds Ordinance (Cap. 430) for the provision of specific government services. While remaining as part of the Government, they are allowed greater financial and operational flexibilities to run their operations as businesses with a view to improving the quality of services and responding to customer demands.
 
     Generally, the Government will, based on the target rates of return on ANFA of trading funds and taking into consideration their respective operating results and financial situation in a particular year, direct the transfer of statutory return from the trading funds into the general revenue in the following financial year. In the past five years, the transfer of statutory return from trading funds are set out as follows:
 
  Transfer of Statutory Return ($ million)
2018-19 2019-20 2020-21 2021-22 2022-23
(i) Companies Registry Trading Fund 19.4 19.6 21.9 26.4 31.7
(ii) Electrical and Mechanical Services Trading Fund 56.7 63.6 73.5 82.8 89.6
(iii) Land Registry Trading Fund 16.3 16.6 17.7 19.7 20.3
(iv) Office of the Communications Authority Trading Fund 7.7 7.5 0 0 0
(v) Post Office Trading Fund 0 0 0 0 0

     The target rates of return on ANFA for the five trading funds adopted in the above corresponding years are 5.7 per cent for Companies Registry Trading Fund, 6.4 per cent for Electrical and Mechanical Services Trading Fund, 5.9 per cent for Land Registry Trading Fund, 5.5 per cent for Office of the Communications Authority Trading Fund and 2.6 per cent for Post Office Trading Fund.
 
(3) Pursuant to section 3 of the Public Finance Ordinance (Cap. 2), any moneys raised or received for the purposes of the Government shall form part of the general revenue. Therefore, the financial returns generated from government assets or items in (1) and (2) above shall be covered in the Government’s General Revenue Account.
 
Notes:
 
1. The Government opted for scrip dividends in lieu of cash dividends in 2018-19.
 
2. Include government toll tunnels and bridges in items (iv) (a), (b) and (d) to (j). Since the Western Harbour Crossing (item (iv) (c)) was not yet taken over by the Government before August 2023 and the Hong Kong Section of Hong Kong-Zhuhai-Macao Bridge (item (iv) (k)) is not toll charging, they are not taken into account.
 
3. The closure of the boundary control points at Hong Kong-Macau Ferry Terminal in Sheung Wan and China Ferry Terminal in Tsim Sha Tsui from early 2020 to early 2023 as a result of COVID-19, together with the abolition of embarkation fee for cross-boundary ferry passengers with effect from August 2020, have impacts on the receipts from marine ferry terminals.
 
4. In view of the continued impact of COVID-19 on economic activities, the Government has reduced 75 per cent water charges for non-domestic accounts during the period from December 2019 to July 2023 in order to support enterprises and trades. The concession measure has impacts on the receipts from waterworks.
 
5. In view of the continued impact of COVID-19 on economic activities, the Government has reduced 75 per cent sewage charges for non-domestic accounts during the period from December 2019 to July 2023 and waived trade effluent surcharges fully during the period from January 2020 to December 2023 in order to support enterprises and trades. The concession measures have impacts on the receipts from sewage services.
 
6. Include rents from government properties and proceeds from sales of government properties by the Government Property Agency. In view of the continued impact of COVID-19 on economic activities, the Government has provided rental concessions to eligible tenants of government properties during the period from April 2020 to December 2023 in order to support enterprises and trades. The concession measure has impacts on the rental income from government properties.
 
7. No dividend has been declared by the Airport Authority Hong Kong since 2014-15 in order to preserve capital for the purpose of funding the Three-runway System project.
 
8. Hong Kong IEC Limited has become a wholly-owned subsidiary of Airport Authority Hong Kong since March 31, 2022.
 
9. Include only those government-built toll tunnels and bridges (i.e. the Aberdeen Tunnel, Lion Rock Tunnel, Shing Mun Tunnels, Tseung Kwan O Tunnel, Route 8 (Kowloon section) and Lantau Link (including Tsing Ma Bridge)). For Lantau Link and Tseung Kwan O Tunnel which were no longer toll charging with effect from December 2020 and December 2022 respectively, they were excluded from the operating accounts of that year. There is no relevant information for other toll free tunnels and road infrastructure taken over or operated by the Government, including Cross-Harbour Tunnel, Eastern Harbour Crossing, Western Harbour Crossing, Tate’s Cairn Tunnel and the Hong Kong Section of Hong Kong-Zhuhai-Macao Bridge. read more