Following is a question by the Hon Yung Hoi-yan and a written reply by the Secretary for Transport and Housing, Mr Frank Chan Fan, in the Legislative Council today (March 20):
 
Question:
 
     I have received a number of complaints alleging that in Hong Kong, quite a number of footpaths have uneven surfaces and footpaths paved with paving blocks have paving blocks loosened and damaged, which make pedestrians (especially the elderly, children and persons with disabilities) prone to trip and fall. In this connection, will the Government inform this Council:
 
(1) of (i) the number of complaints or reports received by the Government about the surfaces of footpaths being uneven or damaged, (ii) the number of incidents with casualties arising from such situations, and (iii) the number of claims lodged by members of the public for compensation of such casualties and the amount of compensations involved, in each of the past three years, with a breakdown by District Council district;
 
(2) of the Government's follow-up procedure and work upon receipt of the complaints or reports mentioned in (1), and the performance pledge it has set in this regard; the respective numbers of cases in the past three years in which the performance pledge was met and was not met, the reasons why the performance pledge was not met in some cases, and the improvement measures put in place;
 
(3) of the (i) arrangements (including the numbers of scheduled and unscheduled inspections), (ii) staffing establishment and (iii) annual expenditure in respect of the inspections on the conditions of footpaths and the relevant repair works currently undertaken by the Highways Department; the respective dates on which the last and the next reviews of the relevant work arrangements was/will be conducted;
 
(4) whether it will allocate additional resources and manpower in the coming three years to step up the inspections on the conditions of footpaths and the relevant repair works; if so, of the details; if not, the reasons for that; and
 
(5) whether it has examined the main causes for the uneven and damaged surfaces of footpaths, as well as the correlation between such situations and the workmanship of and materials used in the construction of footpaths; if so, of the outcome, and the specific improvement measures put in place; if not, the reasons for that?
 
Reply:
 
President,
 
     The Highways Department (HyD) attaches great importance to the repairs and maintenance of the public roads (including footpaths) and ancillary facilities within its ambit. Regular inspections of public roads territory-wide are conducted and repairs and maintenance are carried out timely to keep the roads in good condition and to ensure the safety of road users.
 
     My reply to the various parts of the Hon Yung Hoi-yan's question is as follows:
 
(1) In the past three years, the number of complaints received by the HyD about damaged footpaths and, among them, the number of cases in which members of the public sustained injuries and lodged claims for compensation are tabulated below (with breakdown by District Council district):
 
     Complaints about damaged footpaths:
 

 
     The number of cases in which members of public sustained injuries due to damaged footpath and lodged claims for compensation:
 

 
     In general, upon receipt of a claim for compensation, the HyD will firstly refer the case to the contractor concerned for investigation. The HyD will monitor the investigation progress and examine its findings. If after investigation it is concluded the incident was attributable to the fault of the contractor, the contractor or their insurance company will liaise with the claimant direct to make arrangement for compensation in accordance with the established procedure. The HyD does not have information in regard to the amount of compensation involved.  If after investigation the contractor considers and the HyD agrees that the contractor has adequately fulfilled their contract obligations, the contractor will promptly notify the claimant of the investigation outcome. These cases generally do not involve compensation.

(2) Upon receipt of a complaint or report on uneven surface of footpath, the HyD will carry out assessment and take prompt and appropriate follow-up action in relation to the footpath surface in need of repair (such as fencing off the relevant road section and conduct inspection in the surrounding areas) and complete the repairs as soon as possible. Owing to the varying extent of footpath damage in each case and hence the different scale of repairs, the HyD has not drawn up a performance pledge for maintenance of surfaces of footpaths.

(3) Subject to the location and pedestrian flow of the footpaths concerned, the HyD will arrange for regular inspection (at an interval ranging from seven days to three months) of footpaths within its ambit. Appropriate maintenance will be conducted where necessary to ensure that the footpaths remain in good condition. Moreover, the HyD will perform a detailed inspection for public roads (including footpaths) territory-wide at a six-month interval, in which road surfaces and structures will be inspected and the data collected will be used for planning of maintenance works for footpaths in the medium and long term. Road inspection is part of the district administration and road maintenance work of the HyD. As this is among its regular duties, there is no detailed division in its staff establishment.
 
(4) The HyD has arranged for, via eight maintenance contracts at present, contractors to conduct regular inspection of the conditions of all public roads (including footpaths) in Hong Kong and to perform the rehabilitation/reinstatement works required. The HyD will review the existing resources and manpower from time to time to ensure that the roads are kept in good condition for safeguarding the safety of road users.
 
(5) With the prolonged use of footpaths, stepping could gradually develop between adjacent paving blocks. The common causes are excessive loading on the footpaths by frequent loading/unloading of heavy articles or illegal parking of vehicles, poor reinstatement by the contractors of public utilities or government departments after excavation works, etc. To enhance the stability of sand bedding, the HyD has adopted as a standard practice the addition of a small amount of cement to the sand bedding since 2008. Being able to effectively address quite a lot of stepping problems, this practice would be adopted as appropriate in re-laying works to be conducted progressively having regard to the degree of wear and tear of footpaths in various districts. Moreover, geogrids (Note) will be used to reinforce the bedding of block paving subject to the actual conditions of the road sections concerned so as to effectively control stepping between the paying blocks.
 
Note: A geogrid is a net made of durable textile that can interlock with surrounding soil to reinforce the bedding. This technique can restrict stepping between the paving blocks to within a few millimetres.

     Following is a question by Hon Chan Hoi-yan and a written reply by the Secretary for Transport and Housing, Mr Frank Chan Fan, in the Legislative Council today (March 20):

Question:

     Regarding the supply of housing, will the Government inform this Council:
 
(1) of the respective numbers and vacancy rates of the various types of public and private residential units at present;

(2) whether it knows, regarding the residential developments the acquisition of which respectively by (i) the Urban Renewal Authority (URA) and (ii) the Hong Kong Housing Society (HKHS) has been completed and are awaiting redevelopment at present, the number of years for which they have been left vacant, as well as the timetable for the relevant redevelopment projects and the number of units to be supplied;

(3) whether it knows, regarding the vacated rental estates under HKHS which are awaiting redevelopment at present, the number of years for which they have been left vacant, as well as the timetable for the relevant redevelopment projects and the number of units to be supplied;

(4) of the number of transitional housing projects successfully facilitated by the Task Force on Transitional Housing since its establishment and the number of such kind of projects currently receiving support from the Task Force, and set out their locations, site areas, number of units to be supplied, average floor area of such units, as well as the number of years for which the relevant lands may be used for transitional housing; and

(5) whether it will form a working group with URA and HKHS to explore the provision of transitional housing by making use of vacant lands and vacant properties; if so, of the details; if not, the reasons for that?

Reply:

President,

     Having consulted the Development Bureau, I set out below my consolidated reply to the question raised by the Hon Chan Hoi-yan.

(1) The latest information on various types of public and private housing is as follows:

     According to the records of the Hong Kong Housing Authority (HA) and the Hong Kong Housing Society (HKHS), as at the fourth quarter of 2018, there were about 825 200 public rental housing (PRH) units (Note 1) and 410 500 subsidised sale flats (SSFs) (Note 2). 

     As at end-December 2018, the number of HA's lettable PRH units was around 784 000. The number of lettable vacant flats was about 6 700 and the vacancy rate was about 0.8 per cent (Note 3). For HKHS, as at end-December 2018, the number of lettable rental units was about 32 000. The number of lettable vacant rental units was about 250 and the vacancy rate was about 0.8 per cent (Note 4). The Government does not have information on the vacancy rate of SSFs.

     As for private housing, according to the preliminary figures (Note 5) of the Rating and Valuation Department (RVD), the stock of private residential units was 1 194 000 as at end-2018. The vacancy rate was 4.3 per cent, which was lower than the longstanding average vacancy rate of 5 per cent during the period from 1998 to 2017.

(2) HKHS does not have any residential development the acquisition of which has been completed and is awaiting redevelopment at present.

     The projects of the Urban Renewal Authority (URA) where acquisition has commenced and the date of delivery of vacant possession has expired but demolition works have yet to commence are set out in Annex 1.

(3) Under its two-pronged approach, HKHS has on the one hand carried out rehabilitation works for its aged rental estates, including installing lifts, upgrading security and fire safety systems, improving the appearance of exterior walls and lobbies, etc. On the other hand, HKHS has taken forward its redevelopment programmes in an orderly and gradual manner having regard to the building conditions and availability of appropriate rehousing resources in the vicinity of the estates. Undergoing or planned redevelopment projects of HKHS include Ming Wah Dai Ha, Yue Kwong Chuen, Kwung Tong Garden Estate Site II and Chun Seen Mei Chuen.  Details are at Annex 2.

     In an effort to increase the supply of transitional housing by optimising the use of existing rental housing resources, HKHS launched in July 2018 its first "T-Home" Transitional Housing Scheme. Under the Scheme, 217 small-sized flats which had been vacated under Phase I of redevelopment programme of Yue Kwong Chuen and are estimated to be demolished after five years were refurbished by HKHS and made available for eligible persons who had been waiting for PRH for a certain period of time for temporary stay.

     Phase I of redevelopment programme of Ming Wah Dai Ha is estimated to be completed in 2019-20. The newly completed rental units will be used for rehousing existing households affected by Phase II of the redevelopment programme, so as to facilitate the commencement of HKHS's demolition works of Phase II. Currently, there are around 200 units which have been vacated under Phase II of redevelopment programme and are estimated to be demolished one year later.

     Vacant rental units in the other two rental estates of HKHS which are awaiting redevelopment (i.e. Kwun Tong Garden Estate Site II and Chun Seen Mei Chuen) are allocated to eligible PRH applicants under the established mechanism. There is no vacant rental unit which can be converted to transitional housing. HKHS will continue to streamline redevelopment processes as far as possible, so as to optimise the use of existing rental housing resources by minimising the number of vacant rental units awaiting redevelopment and shortening the vacancy period.

(4) and (5) The Government has been addressing the problem of inadequately housed households (IHHs) amongst the low-income families by increasing the supply of PRH.  As pointed out in the Chief Executive's 2017 and 2018 Policy Addresses, since it takes time to identify land for housing construction, the Government will, on top of the long-term housing policy and measures, support and facilitate the implementation of various short term initiatives put forward and carried out by the community to provide transitional housing for alleviating the hardship faced by families awaiting PRH and other IHHs. To this end, the Transport and Housing Bureau (THB) has set up a task force to provide one-stop co-ordinated support to facilitate the implementation of transitional housing projects by the community.

     The Task Force on Transitional Housing (the Task Force) has, over a period of time in the past, facilitated the implementation of a number of transitional housing projects initiated by the community, including several projects in existing vacant residential buildings through the "Community Housing Movement" operated by the Hong Kong Council of Social Service (HKCSS). The organisations responsible for these projects have made use of community resources flexibly to provide transitional housing, and, at the same time, appropriate support to meet the needs of the tenants. As at February 2019, a total of nine transitional housing projects provided about 610 units, of which about 220 were launched under the "Community Housing Movement" of HKCSS. Details of these projects are set out in Annex 3.

     The Task Force has also been deliberating on other proposals, but given that these projects are currently still at their advocacy stages, the Government considers it more appropriate to defer to the proponents to announce these projects when they have reached a more mature stage.
 
     The Task Force meets with different organisations (including HKHS and URA) from time to time to discuss ways to increase the supply of transitional housing. The Task Force also welcomes organisations in the community to suggest potential sites for transitional housing.

Note 1: Including (i) PRH units and interim housing units under HA; and (ii) rental flats and Senior Citizen Residences Scheme flats under HKHS.

Note 2: Including (i) HA's Home Ownership Scheme (HOS), Private Sector Participation Scheme, Middle Income Housing Scheme, Buy or Rent Option Scheme, Mortgage Subsidy Scheme, Green Form Subsidised Home Ownership Pilot Scheme, Tenants Purchase Scheme flats sold with premium not yet paid and 14 unsold HOS flats arising from rescinded cases, as well as (ii) HKHS' Flats-for-Sale Scheme, Sandwich Class Housing Scheme and Subsidised Sale Flats Projects flats sold with premium not yet paid; but excluding those flats sold by HA and HKHS but not yet completed and the 322 flats provided by URA on a one-off basis in 2015/16.

Note 3: Vacancy rate refers to the percentage of lettable vacant units (excluding those units which have been offered for PRH applicants' consideration and are expected to be let out in the short term) out of the total lettable PRH stock.

Note 4: Not including units affected by demolition and units awaiting alteration.

Note 5: firmed figures will be published in RVD's "Hong Kong Property Review 2019" in April 2019.

     Following is the speech (translated from Chinese) by the Chief Secretary for Administration, Mr Matthew Cheung Kin-chung, for the proposed resolutions under the Criminal Procedure Ordinance and the Coroners Ordinance in the Legislative Council today (March 20):

Acting Madam President,

     I move that the first Resolution standing in my name on the Agenda be passed to seek the approval of the Legislative Council for the Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2019 made by the Criminal Procedure Rules Committee under section 9B of the Criminal Procedure Ordinance. I will also shortly be moving the second Resolution standing in my name be passed to seek the approval of the Legislative Council for the Coroners (Witnesses' Allowances) (Amendment) Rules 2019 made by the Chief Justice under section 54 of the Coroners Ordinance.

     At present, the maximum allowance payable to ordinary witnesses in criminal proceedings and coroners' inquests is $515 for each day of attendance or $255 for not exceeding four hours of attendance. The maximum allowance for professional and expert witnesses is higher, at $2,770 for each day of attendance or $1,385 for not exceeding four hours of attendance.

     Under the adjustment mechanism approved by the Finance Committee of the Legislative Council, changes to the rate of allowance for ordinary witnesses would be made in accordance with the movements in the overall Median Monthly Employment Earnings of Employees (MMEE) in Hong Kong while those for professional and expert witnesses would be made in accordance with the changes in the mid-point salary of a Government Medical and Health Officer. The Finance Committee has also delegated the authority to approve the relevant adjustments to the Secretary for Financial Services and the Treasury (SFST).

     The existing rates of allowances were set in 2017 based on the biennial review conducted in 2016. The Judiciary Administration (JA) reviewed the rates of allowances in 2018. Taking into account the movements in the overall MMEE and the mid-point salary of a Government Medical and Health Officer from the third quarter of 2016 to the third quarter of 2018, the JA proposed and the SFST approved to increase the maximum rate of allowance for ordinary witnesses from $515 to $575 for each day of attendance and from $255 to $285 for not exceeding four hours of attendance. For professional and expert witnesses, the maximum rate of allowance would be increased from $2,770 to $3,065 for each day of attendance and from $1,385 to $1,530 for not exceeding four hours of attendance. These adjustments aim to maintain the real value of the rates of allowances to minimise any financial loss suffered by members of the public testifying as witnesses in courts.

     The Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 2019 and the Coroners (Witnesses' Allowances) (Amendment) Rules 2019 seek to implement the new rates of allowances. I invite Members to approve the two Resolutions. Thank you.

     Following is a question by the Hon Chan Chi-chuen and a written reply by the Secretary for Transport and Housing, Mr Frank Chan Fan, in the Legislative Council today (March 20):

Question:

     Some members of the public have relayed that quite a number of large traffic signs for giving route directions to motorists have not been repaired since they were damaged during the onslaught of super typhoon Mangkhut in Hong Kong in September last year, which causes inconvenience to motorists. In this connection, will the Government inform this Council:

(1) of the number of traffic signs damaged during the onslaught of Mangkhut in Hong Kong and, among them, the number of those for which the repair works were not yet completed as at February 16 this year and the reasons for that; and

(2) whether it has measures in place to shorten the time needed for repairing traffic signs?
 
Reply:

President,

     My consolidated reply to the two parts of the Hon Chan Chi-chuen's question is as follows:

     The Highways Department (HyD) is responsible for the maintenance of public roads and associated facilities (including traffic signs) under its jurisdiction. Regular inspections are conducted and in case of defects in road surfaces or associated facilities, the HyD will arrange repair works as soon as possible to maintain the smooth operation of road systems and ensure the safety of road users.

     The super typhoon Mangkhut struck Hong Kong and its adjacent areas with extremely ferocious winds. With the Hurricane Signal No. 10 in force for ten hours, Mangkhut brought Hong Kong record-breaking storm surge, causing widespread damage and a far-reaching impact. After the typhoon, HyD staff have immediately inspected the conditions of public roads and associated facilities under the department's purview with a view to commencing repair works promptly. According to information provided by the HyD, a total of 370 traffic signs maintained by the department were damaged.

     As a considerable number of traffic signs were damaged at the same time, those signs that are more commonly used ran out of stock, and fresh orders had to be placed for new replacements. For certain damaged traffic signs, their repair works would require temporary closure of some roads to ensure the safety of road users and maintenance workers. For example, if a traffic sign was located at the central median of a road, the HyD had to formulate arrangements for temporary traffic diversion to ensure minimal impact on traffic flow before carrying out the repair works. As at December 16, 2018, within three months after the passage of Mangkhut, the HyD had already repaired over 70 per cent of the damaged traffic signs. In the remaining cases where the damaged traffic signs are being handled, the HyD has arranged to place temporary traffic signs at appropriate locations to alert motorists to the direction of traffic. As at March 16, 2019, the HyD has already completed the repair works for a total of 363 (about 98 per cent) damaged traffic signs. As for the remaining seven damaged traffic signs, their repair works are still being pursued because of the lead time required for ordering new replacement signs, formulating arrangements for traffic diversion, holding discussions on the works arrangement with the public utility companies affected, and diverting underground utilities for the conduct of works. The HyD will complete the repair works for all the seven traffic signs mentioned above within the first half of 2019. 

     The HyD has been sparing no effort to promptly carry out recovery work after the typhoon. However, the damage caused by Mangkhut was so extensive that the recovery efforts required more time and resources than those for previous typhoons. The HyD will continue to strive for more effective preparation for and response to natural disasters so as to enhance the department's capability in post-disaster recovery and repair works.

     Following is a question by the Hon Tony Tse and a written reply by the Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (March 20):
 
Question:
 
     Although the legislation banning smoking in the indoor areas of restaurants has come into operation for over one decade, some members of the public currently still find, from time to time at present, patrons blatantly smoking in the indoor areas of restaurants. This, coupled with the fact that there are often patrons and staff members of restaurants smoking in the open-air areas of restaurants and in the areas outside restaurant entrances, has caused nuisances to other patrons. Regarding the enforcement of the smoking ban, will the Government inform this Council:
 
(1) of the number of staff members in the Tobacco and Alcohol Control Office (TACO) under the Department of Health who are currently responsible for the enforcement of the smoking ban; whether there are plans to increase such manpower;
 
(2) of the respective numbers of (i) complaints received in the past five years and (ii) prosecutions instituted last year, by the authorities in respect of smoking offences, with a breakdown by type of no smoking areas;
 
(3) whether TACO has proactively deployed staff to conduct inspections at restaurants; if so, set out by year the respective numbers of routine and surprise inspections conducted during daytime and night-time in the past five years;
 
(4) whether the authorities received complaints in the past five years about law enforcement officers in TACO suspected of being absent from duty without authorisation; if so, of the number of such complaints and, among them, the number of those found to be substantiated, as well as the penalties imposed on the officers concerned;
 
(5) whether it has uncovered cases of restaurant operators condoning or giving tacit consent to patrons smoking in the indoor areas of restaurants; if so, of the measures to deal with the situation; and
 
(6) whether it will consider designating the following areas as statutory no smoking areas: (i) areas within a reasonable distance outside the entrances of restaurants and (ii) open-air areas of restaurants which are within a reasonable distance from the indoor areas of the restaurants; whether, in the long run, it will, by drawing reference from the anti-smoking policies adopted in certain overseas countries, switch from the current practice of designating statutory no smoking areas to imposing a total ban on smoking in open-air public areas (except designated smoking areas)?
 
Reply:
 
President,
 
     Since the amendment of the Smoking (Public Health) Ordinance (Cap. 371) in 2006, the statutory smoking ban has been gradually extended and now covers all indoor working places and public places as well as many outdoor public places. Around 240 public transport facilities have been designated as no smoking areas (NSAs) progressively. Since 2016, the Government has also extended the smoking ban to 11 bus interchanges leading to expressways or tunnels by phases.
 
     My reply to the various parts of the question raised by the Hon Tony Tse is as follows:
 
(1) The Tobacco Control Office of the Department of Health has been renamed as Tobacco and Alcohol Control Office (TACO) in November 2018. Apart from Cap. 371, TACO is also responsible for the enforcement of the new Part 5 of the Dutiable Commodities (Liquor) Regulations (Cap. 109B), which prohibits the sale and supply of intoxicating liquor to minors in the course of business. The current approved establishment of TACO's frontline enforcement staff is 119. The Department of Health will review its staffing position regularly to meet actual needs, and will seek additional resources, if required, in accordance with the established mechanism.
 
(2) The numbers of complaints received and fixed penalty notices/summonses issued in relation to smoking offences processed by TACO in the past five years are as follows:
 

Note 1: TACO does not maintain breakdown of enforcement figures according to the different types of NSAs.
 
(3) TACO follows up on every complaint by arranging daytime and night-time surprise inspections. In addition, TACO also conducts proactive inspections at locations with more serious smoking problems. To ensure effective enforcement, all inspections conducted by TACO are surprise inspections. TACO has strengthened night-time enforcement actions since 2017. The number of daytime and night-time operations conducted in 2017 and 2018 are as follows:
 

Note 2: "Daytime operation" covers the "morning and afternoon shift" for the period from 6.30am to 6.30pm.
Note 3: "Night-time operation" in 2017 covers the "afternoon and evening shift", "evening shift" and "overnight shift" for the periods noon to 11pm, 6pm to 11pm, and 8pm to 6am respectively. "Night-time operation" in 2018 covers the "afternoon and evening shift" and "evening shift" for the period 10am to 11pm and the "overnight shift" for the period 8pm to 6am.
 
     TACO does not maintain the breakdown of the daytime and night-time inspection figures at food premises.
 
(4) TACO has not found any cases of unauthorised absence involving law enforcement officers that would result in disciplinary action in the past five years. TACO also does not maintain the relevant complaint figures.
 
(5) Under Cap. 371, venue managers of NSAs are empowered to request smokers to cease smoking or leave the NSAs, and may call for police assistance if necessary. Venue managers have been reminded of their authority empowered by Cap. 371 during inspections and through talks on smoking ban regulations conducted by TACO. In addition, guidelines are in place to assist venue managers to implement the smoking ban. When members of the public are found smoking in NSAs, Tobacco and Alcohol Control Inspectors will prosecute offenders without prior warning. In general, venue managers are co-operative in facilitating operations conducted by the law enforcement officers of TACO.
 
(6) The main purpose of designating NSAs or introducing tobacco control measures is to minimise the effect of secondhand smoke on the public. There is also a need to balance the interests of all parties, including both smokers and non-smokers. Before putting any smoking ban or other tobacco control measures in place, it is imperative to ensure that they can be effectively enforced and can be easily complied with by the public, such as whether there are clear and conspicuous demarcations between NSAs and non-NSAs. The Government has received both supporting and opposing views when extending the smoking ban in the past. The Government must therefore carefully consider and take into account different views when further extending the smoking ban.