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Hawkers Ordinance, in other words whether the by-laws themselves are to that extent, ultra vires. This legal point is being pursued but meanwhile some amendments are urgently required and in the light of present advice we must proceed once more by way of amending by-laws.
These by-laws before Council today seek to add certain streets in six areas to the prohibited list. Five of these are areas in which our experiments with new methods of hawker control are taking place, and it is in connexion with these experiments that a new form of provision is introduced. This new provision enables the Council to set aside clearly defined spaces within prohibited areas where hawkers may trade. Thus all the streets round Shamshuipo Market, for example, are to become prohibited streets if these by-laws are enacted; but within these very popular shopping streets bazaars have now been set up in the roads, and marked off with rope barriers, and in these bazaars pedlar hawkers are permitted to trade in orderly rows. The same applies to the other experimental areas. Members will be glad to learn that the great majority of the hawkers affected by these experiments have behaved with great good sense and cooperated with the staff in a most satisfactory manner. But there will of course always be the few who will try to steal a march on the rest, and for this reason legislative backing is necessary. If these present amendments become law the hawker who trades within the barrier will still be within the law provided he has a licence, which anyone can get. If he trades outside the barrier he will be liable to prosecution for hawking in a prohibited area, whether he has a licence or not.
The sixth area with which we are concerned today is Tsimshatsui, and opportunity is now taken to include in the prohibited list all those streets lying south of Austin Road. Most of these streets are already prohibited and there are very few hawkers in the area, even around Tsimshatsui Market. This is a tourist shop-window area and the present by-laws, if approved, will help the Police in their efforts to keep it in good order.
These proposals have the unanimous support of the Hawkers (Policy) Select Committee and of the Commissioner of Police and I commend them to Council's favourable consideration.
DR. P. H. TENG seconded.
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MR. H. CHEONG-LEEN :- In supporting the Motion I would like to express the view that I hope this would not happen too often otherwise we might be accused of not setting a good example by firstly enacting laws for other people to follow and then finding ourselves on doubtful grounds, and possibly acting in a manner which might be construed as being beyond the pale of the law.
The question was put.
The Motion was carried unanimously.
ADJOURNMENT.
CHAIRMAN :- That concludes our business for today and Council stands adjourned to the first Tuesday of March.
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