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LEGCO REPORT                                                December  2001 Issue


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Unnecessary regulations and charges must be eliminated




By James Tien


After 15 years of negotiations, China has finally been admitted into the World Trade Organisation (WTO). Its entry is expected to gradually open the Mainland market and create many opportunities for the local business sector. Therefore, I think the government's most pressing task should be to boost the economy, which will help ready businesses for the opportunities ahead.

One of the reasons that Hong Kong's high operation costs are undermining our competitiveness is the Hong Kong dollar's peg to the U.S. dollar, which prevents exchange rates moving freely, unlike that of many Southeast Asian countries' currencies.

The Chief Executive has said that Hong Kong will most likely record negative growth for the coming quarters as the events of September 11 further worsen the economy. A survey conducted by the Liberal Party showed that businesses were equally pessimistic. Nearly 90 per cent of enterprises and 75 per cent of individuals interviewed said they were unhappy with the current business environment, and that prospects for the economy were far from rosy.

General discontent with business environment

Last month, I wrote that eight political parties and associations in Legco had formed a cross-party coalition to hammer out seven initiatives to stimulate the economy. Disappointingly, none of our proposals were accepted by the Financial Secretary.

However, I have insisted that the government should lower various fees and charges directly affecting businesses and the cost of living for the general public, because they are too high. These include water and sewage charges, education fees, medical expenses, vehicle licence fees, driving licence fees and business registration fees. The government must cut its expenditure and reduce fees to ease pressure on the community, and industrial and commercial sectors. I am expecting a positive response to this request.

At a time when public utility and public transportation companies are facing different operational and financial situations, I find it is inappropriate that the government has asked them for a straight reduction in their charges. Legco passed a motion that the government should encourage such organisations to lower their charges or provide special discounts for users based on their particular circumstances.

Business over regulated

The survey also showed that more than 75 per cent of respondents consider existing rules and measures draconian and unreasonable, and that an overhaul is necessary.

I strongly support this idea, as abiding to regulations on the protection of employees' interests alone can wear businesses out. When business is good, enterprises can afford the expenses such regulations impose on them, but not during times of economic hardship.

When I asked the government if it had reviewed the impact such regulations have on operating costs, it said 'no.' It is little wonder then that employees benefits are increasing but the business environment is deteriorating.

Other regulations, such as the Occupational Safety and Health (Display Screen Equipment) Regulation -- which I strongly opposed recently -- also hamper business. The regulation aims to protect employees who always work on the computer by setting limitations on font size, word space, brightness of monitors and even lighting in the workplace. Company heads who failing to comply with these regulations would be liable to prosecution. Such complicated regulations do little except hinder business.

Another cause for concern is the issue of business licences. Many businesses must apply for more than one licence or certificate, but their applications need to be submitted to a number of departments, which takes time and wastes manpower and money.

In the catering sector, for example, vendors must apply for a licence based on the kind of food they provide and nature of the venture. Only after receiving approval from by the Food and Environment Hygiene Department, the Buildings Department, and the Fire Services Department are they allowed to start operations.

I feel the government really needs to set up a one-stop mechanism for granting business licences to reduce unnecessary processing and time wasting. It should also adopt a system like in the U.K. and the U.S. which assess the impact proposed regulations will likely have on the economy. I am calling for setting up a business environment assessment committee, which has real authority, to evaluate whether laws or measures raised by the government would adversely affect the business environment. This will help weed out legislation that would hurt our economic development. It will also encourage the business sector to maintain their operations in Hong Kong and capture the opportunities expected to arise with China's WTO entry.

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