Following is a question by the Hon Yung Hoi-yan and a reply by the Secretary for Innovation, Technology and Industry, Professor Sun Dong, in the Legislative Council today (January 17):

Question:

     In the evening of the polling day for the 2023 District Council Ordinary Election, voting at polling stations was once suspended due to a failure of the Electronic Poll Register system; and earlier on, the Government's sports and recreation services booking and information system, "SmartPLAY", also experienced "double bookings" and system failure. There are views that these incidents reflect the Government's failure to ensure the normal operation of its electronic systems. In this connection, will the Government inform this Council:

(1) of the inspection and testing procedures undertaken by the Government in respect of the Electronic Poll Register system; whether it will review and improve the relevant procedures to prevent the recurrence of similar incidents in the future; if so, of the details; if not, the reasons for that;

(2) of the Government's new plans to ensure the normal operation of its electronic systems, including the new measures to enhance cyber security and upgrade the technical standard of relevant personnel; and

(3) whether a mechanism is currently in place to penalize contractors providing electronic systems to the Government for incidents caused by their faults; if so, of the details; if not, the reasons for that, and how it ensures that contractors will improve the stability of the electronic systems?
 
Reply:

President,

     The Government has been striving to drive the adoption of technologies by bureaux/departments (B/Ds) to enhance operational efficiency and improve public services, as e-government services and governmental operations are closely related to citizen's livelihood. We envisage challenges as the Government presses ahead with the digitalisation process and rolls out more digital services. Recent cases of malfunction of individual systems at the time of launch serve as a reminder of our commitment to digitalisation of public services and the need to constantly improve our work.

     In response to the Hon Yung Hoi-yan's three questions, in consultation with the Constitutional and Mainland Affairs Bureau and other relevant B/Ds, my reply is as follows:

(1) The Registration and Electoral Office (REO) has conducted three levels of monitoring and testing for the Electronic Poll Register (EPR) system, including: internal testing conducted by REO's Information Technology Management Division; independent testings conducted by third parties entrusted by the REO; and final review by the Electoral Affairs Commission’s (EAC) Technical Advisory Committee.

     Regarding the malfunction of EPR system occurred on the polling day of the District Councils Ordinary Election held on December 10, 2023, the EAC has, pursuant to the instructions of the Chief Executive (CE), established a dedicated investigation group to investigate the causes of the incident comprehensively so as to ensure that similar incidents will not happen again. The work of the investigation group is on-going. The findings of the investigation will be reported in detail in the report to be submitted to the CE within three months after the election as required by the law.

(2) The Office of the Government Chief Information Officer (OGCIO) is responsible for the Government's central backbone systems and inter-departmental information technology (IT) service projects, including the government cloud services, the big data analytics platform and the recently launched initiatives on cross-boundary data flow and Cross-boundary Public Services. Other government IT projects with a focus on services offered by individual departments are spearheaded by responsible B/Ds such that the system development and operation cater for the respective policy and the needs of the public service recipients. 

     OGCIO has been working closely with B/Ds and renders support to departments in implementing their e-government services at different stages. These include providing policy guidance and technical standards at project initiation stage, and assigning officers on a need basis to participate in the Project Steering Committees set up by B/Ds for their large-scale projects to provide departmental management with professional advice during system development.

     As for cybersecurity, the Government has formulated the Government IT Security Policy and Guidelines, which set out the requirements applicable to B/Ds for the establishment, implementation, maintenance and continuous enhancement of their information security management system. OGCIO also regularly reminds B/Ds to adopt measures to protect government information systems and data. Meanwhile, OGCIO organises departmental cybersecurity drills, seminars and solution showcases, etc. Over 3 400 staff members of government departments attended relevant events last year.

     To assist departments in strengthening preparedness before the launch of their major e-government systems, the Government introduced a new measure in November 2023 requiring respective departments to subject their large-scale electronic systems to additional stress and load tests to be conducted by an independent third party arranged by OGCIO.

     To support the important mission of building a digital government in the future, the Government is formulating new policies, with a view to strengthening the governance measures of OGCIO, or the future Digital Policy Office, at different work junctures such as project initiation, tendering, formulation of technical options, system development, testing and risk assessment. These are aimed at providing more professional support to B/Ds and further enhancing the stability and security of government e-services under a multi-pronged approach. The relevant new measures will soon be announced.

(3) Government information systems are based on the public services individual departments provide. Hence, B/Ds will initiate, invite tenders and take forward the IT projects in accordance with their policies and requirements of their service clients.

     To assist departments in managing and monitoring their IT service contractors, OGCIO has issued the Practice Guide to Project Management for IT Projects under an Outsourced Environment, covering project initiation, planning, implementation and completion. The Practice Guide also recommends a set of good practices for B/Ds to follow. B/Ds would monitor their contractors with reference to the contracts. If the performance of contractors fail to fulfil the service requirements and standards specified in the contracts, departments may take actions based on the contractual clauses. These actions include warning, demand for compensation or even early termination of contract. To further support departments in identifying and engaging quality contractors, the Government is actively exploring how to strengthen the role of OGCIO in B/Ds' assessment and selection of service contractors, and formulating specific enhancement proposals.

     For those smaller scale projects with a budget not exceeding $20 million, OGCIO implements the Standing Offer Agreement for Quality Professional Services scheme (the SOA-QPS scheme) to facilitate their speedy implementation. Under the SOA-QPS scheme, B/Ds can directly invite contractors having passed OGCIO's pre-qualification to submit proposals for B/Ds to select suitable service contractors. Contractors with continuous subpar performance may be suspended from further bidding under the SOA-QPS scheme until their performance improves.

     The Guangdong-Hong Kong-Macao Greater Bay Area Development Office under the Constitutional and Mainland Affairs Bureau is staging a Guangdong-Hong Kong-Macao Greater Bay Area (GBA) roving exhibition from today (January 17) until the end of March at the campuses of eight universities and at the Civic Education Resource Centre of Youth Square, with the aim of introducing to students and young people the enormous opportunities brought about by GBA development to Hong Kong. The Commissioner for the Development of the Guangdong-Hong Kong-Macao Greater Bay Area, Ms Maisie Chan, reached out to young people on campus and encouraged them to grasp the opportunities of GBA development to realise their aspirations.
 
     Ms Chan said the Hong Kong Special Administrative Region (HKSAR) Government has all along attached great importance to both GBA development and youth development, and has introduced a number of policy measures in various areas to support Hong Kong residents and enterprises, including young people, to make good use of the significant opportunities brought about by GBA development.
 
     Ms Chan said, "Under the 'one country, two systems' principle, Hong Kong has the distinctive advantage of enjoying strong support of the motherland and being closely connected to the world, and Hong Kong young people are innovative with a global vision and are full of vigour. The HKSAR Government will seek more policy innovations to support Hong Kong young people to unleash their strengths on a bigger stage in the GBA, and provide concrete and targeted support to Hong Kong young people aspiring to set up their businesses and develop their career in the Mainland cities of the GBA."
 
     Ms Chan visited the exhibition at Hong Kong Baptist University, and had candid exchanges with the students there. She encouraged them to study hard to better equip themselves, and to grasp the opportunities of GBA development through internship, entrepreneurship and employment opportunities in the GBA to keep pace with the developments of the country.
 
     The roving exhibition kicked off at the Hong Kong University of Science and Technology and Hong Kong Baptist University today. It offers rich information including the work of the HKSAR Government in taking forward GBA development in different areas, the diversified measures to support Hong Kong young people's development in the GBA, various support services and channels to disseminate practical information about the GBA, etc, thereby enabling visitors to gain a more comprehensive understanding of the development of the GBA, and hoping that more Hong Kong young people could get on board the express train of GBA development.
 
     The roving exhibition has received venue support from the eight universities and the Civic Education Resource Centre of Youth Square. The exhibition period is as follows:
 

 
#Opening hours are from 9am to 6pm (closed on public holidays).
*Valid staff/student card holders or visitors registered to enter the campus.

      

     Following is a question by the Hon Stanley Ng and a written reply by the Secretary for Home and Youth Affairs, Miss Alice Mak, in the Legislative Council today (January 17):
 
Question:
 
     It has been reported that as at December 2022, there were 2 943 "three-nil buildings" in Hong Kong. As these buildings do not have owners' corporations ("OCs") or any form of residents' organisations, or have not engaged property management companies, there are often problems in respect of hygiene, fire safety and external wall structure, resulting in a deplorable living environment for the residents and posing potential hazards to the community. In this connection, will the Government inform this Council:
 
(1) of the number of building management cases involving "three-nil buildings" in each of the past three years resolved through government intervention (e.g. with the Government carrying out the default works for the building owners concerned);
 
(2) of the number of "three-nil buildings" that have formed or reactivated "OCs" with the assistance provided under the Building Management Professional Advisory Service Scheme ("BMPASS"); whether it has assessed the effectiveness of BMPASS in providing support for owners of three-nil buildings;
 
(3) of the current number of participants in the Resident Liaison Ambassador Scheme; whether it has reviewed the effectiveness of the Scheme (including whether the objective of assisting in the engagement of residents in handling building management matters (such as cleanliness, security and fire safety) can be achieved); and
 
(4) whether it has assessed the effectiveness of the Community Care Fund – Subsidy for Owners' Corporations of Old Buildings and the Urban Renewal Authority's District-based Building Rehabilitation Pilot Scheme in providing support for owners of "three-nil buildings" in the past six months; whether the Government will consider launching more schemes on building maintenance to provide support for them?
 
Reply:
 
President,
 
     "Three-nil buildings" generally refer to buildings that neither have an owners' corporation ("OCs") or any form of residents' organisation, nor employ a property management company ("PMC") to manage the buildings. The Government has been providing various support to "three-nil buildings". The policy of the Home Affairs Department (HAD) is to assist and encourage the formation of residents' organisations (including OCs) in "three-nil buildings". Even if "three-nil buildings" cannot form any residents' organisation for various reasons, HAD continues to provide support to the owners concerned to help them manage their buildings properly. Having consulted the Development Bureau (DEVB), the reply to the questions raised by the Hon Stanley Ng is as follows:
 
(1) and (2) HAD launched three phases of the Building Management Professional Advisory Service Scheme ("BMPASS") from 2011 to 2020. Experienced PMCs were engaged to provide a series of free professional advice and follow-up services on building management, including assisting in the formation of OCs or assisting defunct OCs in resuming operation, assisting OC in applying for various maintenance subsidies and loan schemes, and following up on building inspections/window inspections, maintenance works and tendering, etc. The three phases of the BMPASS assisted in forming/resuming operation of 540 OCs. In view of the effectiveness of the BMPASS, the HAD has regularised it.
 
     With reference to the earlier recommendations of the Public Accounts Committee ("PAC") of the Legislative Council, HAD engaged community organisations/non-governmental organisations ("NGOs") with experiences in building management or related fields to reach out to the owners of "three-nil buildings", and to encourage and assist them to form OCs under the regularised BMPASS. The scheme was first launched in June 2022, and gradually extended to cover nine districts with more "three-nil buildings" (i.e. Sham Shui Po, Tsuen Wan, Central and Western District, Eastern District, Wan Chai, Yau Tsim Mong, North District, Tai Po and Kowloon City). As of December 2023, the Pilot Scheme contacted a total of 580 "three-nil buildings" and assisted in forming 70 OCs. The scheme has achieved good results, indicating that the participation of community organisations/NGOs has helped reach out to the owners of "three-nil buildings". HAD will therefore consider entering into service agreements of a longer term with community organisations/NGOs (e.g. by extending the contract period from currently one year to three years) to ensure the continuity of the services, so that buildings and owners in need will enjoy better support.
          
     Besides, according to the information provided by DEVB, in the past three years, the Buildings Department (BD) has exercised its statutory power to carry out building investigation, repair and removal works for 144 "three-nil buildings" as required by statutory orders involving common parts of buildings in the owners' default, and to recover the relevant costs from them after completion. In addition, BD has also proactively selected 504 "three-nil buildings" as Category 2 buildings of Operation Building Bright 2.0 ("OBB 2.0") based on risk-based approach, and carried out the required prescribed inspection and repair for the common parts of the buildings under the Mandatory Building Inspection and Mandatory Window Inspection Schemes on behalf of the owners. The relevant costs will be recovered from them after completion. Eligible owners can apply for OBB 2.0 subsidies to cover all or part of the costs.
      
(3) Despite our continuous support and assistance, some "three-nil buildings" may not be able to form OC due to various reasons. Nevertheless, HAD remains committed to providing support to these buildings. HAD has put in place the Resident Liaison Ambassador Scheme to recruit owners or residents living in "three-nil buildings" aged 30 years or above as Resident Liaison Ambassadors ("RLAs"). The scheme aims to establish a resident liaison network to facilitate residents' discussion and handling of daily building management matters, and to assist Government departments in contacting residents and promoting effective building management messages. As of December 2023, HAD has assisted in the formation of about 600 OCs through RLAs, and there are around 2 000 RLAs residing in "three-nil buildings". 
 
     The RLAs play a positive role in facilitating resident liaison. HAD will continue to actively promote good building management through the RLAs and organise regular activities for them. This will enable owners to appreciate the benefits of good building management, thereby encouraging them to form OCs.
      
     As of December 2023, there were about 3 100 "three-nil buildings" (excluding those single-owned and self-managed "three-nil buildings") in Hong Kong. In fact, with the continuous promotion of effective building management and related support measures, the number of "three-nil buildings" has significantly decreased from the corresponding figure of about 6 700 in 2011.
 
(4) The Community Care Fund ("CCF") launched a programme in three phases from 2012 to 2021 to provide subsidies to eligible OCs of old buildings for specified items, including procurement of public liability insurance or third party risks insurance for the common parts of the buildings, regular inspections of fire service installations and equipment or electrical installations, examination of lifts, and clearance of fire escapes, etc. Cumulatively, about 3 500 OCs benefited from the three phases of the programme, with a total subsidy of $64 million. The programme was not applicable to "three-nil buildings".
 
     Upon review, the Commission on Poverty ("CoP") considered that the Government had already provided a wide range of financial support for building maintenance, as well as practical support in various aspects of building management, including legal and other advisory services, dispute resolution, education and training, etc. Considering that building management is the responsibility of owners, the CoP concluded that the recurrent expenditure of OCs of old buildings should not be subsidised on an ongoing basis through the CCF or other means, and thus the programme ended upon completion of the Phase III.
      
     Besides, according to the information provided by DEVB, since 2018, the Government has allocated over $19 billion to roll out various subsidy schemes relating to building safety and rehabilitation in partnership with the Urban Renewal Authority (URA), including OBB 2.0, the Fire Safety Improvement Works Subsidy Scheme, the Lift Modernisation Subsidy Scheme, the Building Maintenance Grant Scheme for Needy Owners and the Building Drainage System Repair Subsidy Scheme to assist needy owners to maintain their properties.
      
     Understanding the constraints faced by the owners of "three-nil buildings" in forming OCs, the URA now also accepts applications for building rehabilitation subsidy schemes from owners of these "three-nil buildings", provided that the unanimous consent of all owners is obtained. For those "three-nil buildings" which are unable to obtain the unanimous consent of all owners, the URA would provide free legal services to assist owners in understanding whether the provisions relating to rehabilitation in their Deed of Mutual Covenant allow owners to carry out repair and improvement works in common areas of the buildings through the effective resolutions passed in owners' meetings.

     In 2022, the URA took forward the urban renewal project in "Lung Shing" area of Kowloon City with an "integrated approach" for the first time. A small focus area from Nam Kok Road to Tak Ku Ling Road, covering around 40 buildings without the imminent need for redevelopment, was mapped out for a three-year District-based Rehabilitation Pilot Scheme ("pilot scheme"). Through providing financial subsidies and technical support to the owners, the URA encourages and assists the owners to repair and maintain their buildings in a timely manner.
      
     Through the pilot scheme, the URA encourages and assists owners of "three-nil buildings" to form OCs. The URA also implements innovative management models such as the Joint Property Management ("JPM"), hoping that the experience gained can encourage the property management industry to provide joint management services for aged building clusters, so that aged buildings with only a dozen or so of units can also obtain property management services at affordable fees, thereby enhancing their building maintenance capabilities.
      
     Out of the buildings covered in the pilot scheme, there were nine "three-nil buildings" which were unable to form OCs over the past decades. The URA proactively provided support to the owners of these buildings through collaboration with the local community partners as well as HAD, with the aims to encourage the formation of OCs. Three out of the nine "three-nil buildings" have successfully formed OCs and commenced preparatory work for building rehabilitation, and four intend to join the JPM. Moreover, a total of 14 buildings have joined OBB 2.0 or other building rehabilitation subsidy schemes to carry out maintenance work either by themselves or through government contractors. 
      
     Timely and proper maintenance of buildings is after all the basic responsibility of owners. As to whether more building maintenance subsidy schemes can be introduced, since the use of public funds to subsidise maintenance works in private properties will be involved, the Government has to carefully consider the pros and cons. The Government will formulate measures in the light of the latest situation, including factors such as financial resources.

     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.

     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: 
 

(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:  
 

     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.
 

     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.