Annex C
COMPITYWED PAPER MST(ST)/27/06 (7.6.86).
MEMORANDUM FOR MEMBERS OF THE
MARKEN AND STREET TRADERS REVIEW SUB-COMMITTEE
Cancellation of Fixed Pitch Hawker Licence
Application for Review of Decision by Mr. CHENG Lung-ngan
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Annex
PURPOSE
To consider an application by Mr. CHENG Lung-ngan for review of the decision taken by the Delegated Member, Markets and Street Traders Select Committes to cancel his hawker licence in respect of Fixed Pitch No. 38, Mut Wah Street Playground, Kwun Tong, Kowloon.
BACKGROVA
2.
Mr. CHENG Lung-ngaa, licensee of the above mentioned fixed pitch was found not operation from his pitch personally at a satisfactory rate during July 1982 (Appendix I). A warning letter was issued to him on 19th October, 1982, requiring him to resume personal operation of the pitch or risk cancellation of his licence (Appendix II). Subsequent observation during November 1982, March, May, September and October 1983 revealed that Annex B he had completely failed to operate his pitch personally (Appendix III).
A final warning letter was issued to him on 1st November, 1983 (Appendix IV). Despite the warning, he continued to default during November 1983 (Appendix V). Further observation was conducted during March 1984 and the result remained iB the same (Appendix VI ).
3.
On the recommendation of the Department, the Delegated Member of the Markets and Street Traders Select Committee approved the cancellation of his licence on 27th April, 1984. He was informed of the decision on 4th May, 1984 (Appendix VII).
4.
On 7th May, 1984, Mr. CHENG applied for review of the decision to cancel his licence (Appendix VIII) on the following grounds :-
(a) His pitch in the bazaar was not viable, and
(b) In order to support his family of seven members, he was forced to hawk in the street and the pitch was used for storage purpose only.
5.
In an interview on 5th June, 1984, he confirmed that he had not been away from Hong Kong during the past year but repeated the same reasons as stated in paragraph 4 above for non-personal operation (Appendix IX).
6.
An up-to-date observation of 30 consecutive days on the operationship of the said stall was conducted from 25.5.85 to 24.6.85 and it was again revealed that the licensee had been totally absent from the stall. Annex B
see observation record at Appendix X.
Flease