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offences arising from hawking, obstruction of the highway or similar matters are dealt with by the Summary Courts.
(2) As I understand it, the recommendations of the Working Party, will be concerned with whether or not any changes in the handling of such cases by the Courts are necessary or desirable. The Working Party will, of course, be concerned with the work coming to the Courts as a result of the precaution of hawkers, etc. In so far as that work flows from the policy or decisions of the Urban Council the Working Party will naturally be concerned with the effect or results of these decisions or policy. Possibly as a result of the Working Party's deliberations suggestions may be put to the Urban Services Department or the Urban Council on these matters, but the conclusions of the Working Party or their recommendations would, of course, not bind the Council in any way.
(3) Prior to the setting up of the Working Party I received an invitation from the Registrar, Supreme Court, to nominate a senior representative of the Urban Services Department to sit on the Working Party. The invitation was addressed to me as Chairman of the Urban Council, but did not ask that this Council or the Hawkers Select Committee should be consulted in the matter. I did not nominate a departmental representative on the one hand, or seek to obtain a nominee from this Council on the other, pending clarification of the scope of the Working Party's inquiry and its exact terms of reference. The invitation is still open.
(4) I have no information on the question of the status of the Police member of the Working Party. Whether he is to be a signatory of their recommendations will no doubt be determined by the Working Party in the course of its inquiry.
(5) I think it can be inferred from what I have said so far that the terms of reference of the Working Party do not impinge upon this Council's statutory and exclusive duties under the Public Health and Urban Services Ordinance, but that some of its recommendations may. If that situation is reached this Council will no doubt deal with it as it arises.
MR. BERNACCHI:-Several supplementaries, Mr. Chairman. You say "in so far as the work flows from the policy or decisions of the Urban Council the Working Party will naturally be concerned with the
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effect or results of these decisions or policy." Am I right in saying that, nevertheless, no invitation has been extended to this Council to appoint a member to that Working Party?
CHAIRMAN:-Sir, you are right in saying that no invitation was extended to appoint a member of the Council as such to the Working Party, but I received on the 3rd July of this year a memorandum from the Registrar of the Supreme Court addressed to me, as I said, as Chairman of the Urban Council, saying that the Chief Justice considered it appropriate to set up a Working Party whose terms of reference had not yet been precisely settled, but were set out in broad terms in the memorandum to which I referred. The memorandum from the Registrar of the Supreme Court also stated that the Chief Justice would probably consider it appropriate that the Chairman of the Working Party should be a Principal Magistrate, but would welcome senior representatives of the Police Force and the Urban Services Department on the Working Party. When I say that we were at pains to try and elucidate the exact terms of reference of the Working Party, we were also at pains to point out the position of the department vis-a-vis the Council in this matter; and that it would be impossible to send even a representative from the department without first consulting the August Select Committee and obtaining its sanction.
MR. BERNACCHI:-Arising out of your last answer, did the Registrar of the Supreme Court authorize you to consult the Hawkers Select Committee?
CHAIRMAN:-No mention, Sir, was made, as I have said in the correspondence regarding the Council, but this does not mean that he said that the Council should not be consulted, and in fact you may remember, Sir, after carrying this correspondence forward to a certain extent in an endeavour to try and get the precise terms of reference, I did speak to you, in your capacity as Chairman of the Hawkers Committee, about the matter and explained what was going on and what our problems were in trying to find out whether we should put forward the name of a representative.
MR. BERNACCHI:-I think, Mr. Chairman, your conversation with me was in confidence and not at that time for communication to the Hawkers Select Committee. Mr. Chairman, may I make a personal statement, that I think you have handled this matter with absolute decorum, and I personally approve of your decision, but may I also tie you down to answering my former question? Am I right in understanding that no invitation has been extended to this Council to send a representative to the Working Party?
CHAIRMAN:-No invitation has been extended to the Council to send a Council representative to the Working Party, but let us not
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