Following discussions with Legislative Council Members earlier this year, the Administration undertakes to present to this Council, at the start of each future session, its Legislative Programme for the year.
This is not an entirely new arrangement. In the past, the Administration issued to the Chairman of the House Committee at the beginning of each session an indicative list of major government bills to be introduced.
Our objective remains to inform Honourable Members at the earliest possible opportunity of the Administration's legislative proposals for the year ahead, so that Members may draw up their annual work plan accordingly.
Legislative priorities
Before I introduce to Members the Legislative Programme, let me first outline the principles we follow in proposing new legislation. Law-making is a sacred and serious responsibility. It imposes new duties, requires compliance and implies enforcement. Often, it also imposes additional costs on society. The Administration takes this constitutional responsibility of preparing bills with great care and seriousness.
Within the Administration, all legislative proposals are examined carefully by a Committee chaired by the Chief Secretary for Administration, with the Financial Secretary, the Secretary for Justice and all directors of bureaux as members. The mandate of that Committee is to determine the Administration's legislative programme and priorities by critically examining each bid against a set of stringent criteria. These criteria include:
* Is the proposed legislation necessary in the public interest and is legislating the most effective or sole means to achieve that policy intent?
* What are the full implications of the policy which the proposed legislation is supposed to underpin? Would the assessed impact become more onerous or more palatable to the public, if the policy were enforced by legislation?
* Are we satisfied that we are able to enforce the new legislation fully and effectively?
* And, how urgent is the legislative proposal? Will undesirable consequences ensue if it is not enacted within that session?
In drawing up the Legislative Programme for the 2003/04 session, being the last in the current LegCo term, the Committee notes that any bill which is not enacted before the session ends will lapse automatically. There are already 20-odd bills introduced into this Council, which are at different stages of scrutiny by this Council.
Set against this Council's decision not to form more than 15 Bills Committees at any one time, the Administration has to be realistic in proposing new bills for introduction in the remainder of this term. We believe that, save for unexpected events, an additional programme of 13 bills may just be achievable before this Council rises next Summer.
The 2003/04 Legislative Programme
We have judged that all these 13 bills are essential and urgent. They comprise legislative proposals to implement the initiatives announced in the Chief Executive's Policy Address and its accompanying Policy Agenda in January this year; to take forward the initiatives set out in the Financial Secretary's Budget speech in March; and to honour other policy commitments of the Administration. Let me highlight some of the major proposals for Members' information.
Policy Address and Policy Agenda Initiatives
First, on Bills which seek to implement proposals in the Policy Address or Policy Agenda.
* As pledged under the "Environmentally Responsible Development" programme outlined in the Policy Agenda, we will introduce the Waste Disposal (Amendment) Bill. The Bill seeks to promote the "polluter-pays" principle in Hong Kong by providing for the charging of construction waste disposal at landfills, construction waste sorting facilities and public fill reception facilities. This initiative aims to provide economic incentives for waste producers to reduce and recycle construction waste in Hong Kong.
* Following the Sports Policy Review, the Administration decided to put in place a new administrative structure by replacing the existing Sports Development Board with a new Sports Commission. Our objective is to create new partnerships with the sports sector and the community.
In this regard, the Hong Kong Sports Development Board (Repeal) Bill seeks to dissolve the Sports Development Board in preparation of the establishment of the Sports Commission. This will set a new milestone for the development of sport in Hong Kong. Under the new administrative structure, we would be able to utilise resources more effectively, eliminate overlapping functions, and engender a closer partnership with the private sector.
* Under the guiding principle of "Caring and Just Society" in our Policy Agenda, we have pledged to protect the public from misleading and undesirable health claims of orally consumed products. We propose to enact the Undesirable Medical Advertisements (Amendment) Bill within this legislative session, to impose prohibition on these claims. Once enacted, the new law would help prevent improper self-medication by members of the public and their delay in obtaining proper medical treatment.
Budget Initiatives
I now turn to the Budget-related legislative proposals. Members would recall that we announced in this year's Budget Government's plan to sell or securitise a total of about $112 billion worth of assets in the next five years.
*As part and parcel of this asset disposal programme, we shall introduce the Hong Kong International Airport Bill, to enable the partial privatisation of the Airport Authority. Introduction of private ownership of the Airport Authority will not only release Government funds for other pressing priorities, but will also strengthen market discipline in the operation of the airport, and broaden its access to sources of outside capital. All these would be beneficial to the continual development of Hong Kong as a centre of international and regional aviation.
Other Major Policy Commitments
Let me also touch on legislative proposals to implement other major policy commitments. In pursuing our vision of Hong Kong as a world city of Asia, we shall continue to strive to sharpen Hong Kong's global competitiveness on different fronts.
* The Clearing and Settlement Systems Bill proposes to introduce an oversight regime for important clearing and settlement systems for funds or securities. The Bill also grants statutory protection for finality of settlement of transactions effected through such systems. It is an essential initiative to facilitate early admission of the Hong Kong Dollar into the Continuous Linked Settlement System, a global clearing and settlement system for cross-border foreign exchange transactions in eleven major currencies, including the US Dollar and Euro.
* The Construction Industry Council Bill seeks to implement the recommendation of the Construction Industry Review Committee to establish a statutory industry co-ordinating body. The new body will be tasked to pursue continuous improvements and spearhead reform initiatives, with a view to fostering a quality culture in the local construction industry.
* The Merchant Shipping (Security of Ships and Port Facilities) Bill seeks to strengthen security measures on ships and port facilities so as to keep pace with international standards. This is a proactive measure to combat terrorism, piracy and other criminal acts in the protection of our shipping, port and logistics industries.
Turning to our labour force, Hong Kong's most precious asset, and the driving force behind our economic success, we are planning to introduce in this session two pieces of labour-related legislation.
* First, the Employment (Amendment) Bill seeks to provide for reinstatement or re-engagement of employees who have been unreasonably or unlawfully dismissed. The Bill, if enacted, is expected to offer more effective employment protection to employees in Hong Kong.
* Second, the Employees Compensation Assistance (Amendment) Bill seeks to clarify the policy intent of an existing provision concerning the scope of protection and assistance for employers under the Employees Compensation Assistance Scheme when insurers of their employees' compensation schemes become insolvent.
Other legislative proposals are set out in the 2003/04 Legislative Programme already laid on the table for the reference of Honourable Members. I shall not go into the details of these proposals here, as the relevant Policy Bureaux would, I'm sure, in line with established practice, consult the LegCo Panels concerned before introducing the bills into this Council.
Conclusion
Honourable Members may wish to note that the Legislative Programme represents the Administration's policy intents at this juncture, and that adjustments may be required in the light of changing priorities during the course of the legislative session. We will, naturally, keep Members posted of any change that we have in mind.
Madam President, I hope that my presentation to this Council of the Administration's annual Legislative Programme today will go some way towards facilitating Members' planning of their legislative work in the year ahead. The arrangement demonstrates our continued commitment to strengthening the cooperation between the Executive and the Legislature. Directors of Bureaux and our colleagues will stand ready to explain to Members their legislative proposals in due course. We undertake to provide Members with the necessary information in a timely manner to facilitate your scrutiny work.
With these remarks, Madam President, I look forward to another year of fruitful and productive work.
The Chief Secretary for Administration made this address to the Legislative Council at its opening session.