Page 128 of 135
218
HONG KONG URBAN COUNCIL
I have cited the above as an example to illustrate my view that "the question of unlicensed restaurant" should be tackled from various angles. All departments concerned as well as the applicants should review their respective actions in order to find out where the wrong lies and should not try to make general accusations in order to pass the blame onto the other parties.
I would like to take this opportunity to report to you, Mr. Chairman, and my colleagues the statistics of "unlicensed restaurants". With these statistics, I would like to reinforce my argument that to solve the problem of unlicensed restaurants, it is not a one-sided matter. According to statistics furnished by the Urban Services Department, there are altogether 408 unlicensed restaurants in the urban areas of Hong Kong and Kowloon (as against a total of 2,664 licensed ones). Among the unlicensed restaurants, 299 (70%) started business prior to making any applications; the other 109 (30%) did submit applications first but started business before they obtained any licences. In the latter 109 cases, 15 applications were turned down. And, among the fifteen cases, only one case was refused by the Council because of its nonconformity to the health requirements, the other fourteen cases were disapproved by other government departments. One case was disallowed by the Land Office of the Registrar General's Department, three cases by the Public Works Department, and six cases by the Fire Services Department. There were another two cases which met with joint refusal by the Fire Services Department and the Public Works Department, and also two cases by the Housing Department. From this, it can be seen that as much as 70% (299) of the restaurants started business before licences had been obtained. How then could the argument that "there was absolutely no reason for them to deliberately break the law" stand? Under the circumstances, the applicants should bear a very large part of the blame for contravening the law. According to the statistics given above, only one out of the 15 unsuccessful applications for licences was rejected by the Council. The other 14 cases were refused by other government departments, the actions of which the Council has no right to interfere. It may therefore be said that the problem of "unlicensed restaurants" was caused by many factors.
My conclusion today is that while the Select Committee will not close the doors to "improved methods", it can assure you, Mr. Chairman, and members of the whole Council on the following points:
(1) Our licensing policy and methods will take every party concerned into consideration. The Committee will consider further simplification of the prescribed licensing procedures wherever possible or necessary.
HONG KONG URBAN COUNCIL
219
(2) The Select Committee will never sacrifice the protection for the public health of millions of people just for the sake of pleasing a small number of people in the community or making it convenient for them.
Thank you.
MOTION
(1) DR. THE HONOURABLE HENRY H. L. HU, CHAIRMAN OF THE HAWKERS SELECT COMMITTEE, moved the following motion (in English):-
"RESOLVED that the Hawker (Amendment) By-laws 1977 be made under Section 83A of the Public Health and Urban Services Ordinance, Cap. 132."
He said: Mr. Chairman, the size of a licensed newspaper pitch used to be 4 feet wide by 11 inches deep. With the approval of this Council, the size has been enlarged to 6 feet wide and 14 feet deep. Because the number of newspapers and magazines has multiplied over the years, this enlargement is necessary to accommodate the publications on sale.
The pitch fee payable for the previous size pitch was $55 per annum. The fee recommended for the enlarged pitch is $85 per annum--an increase of $30. This amount was arrived at by reference to the size of, and pitch fee payable for, an ordinary hawker pitch of 3 feet by 4 feet. The revised fee has been approved by the Standing Committee, and should now be incorporated into the Fee Schedule to the Hawker By-laws.
Although the new newspaper pitch size will come into effect as soon as the amendment by-laws have been made, the revised fee will become payable only at the time of the renewal of the hawker's licence.
I now move the resolution "THAT the Hawker (Amendment) By-laws 1977 be made under section 83A of the Public Health and Urban Services Ordinance, Cap. 132."
MISS CECILIA L. Y. YEUNG (in Cantonese): -Mr. Chairman, I beg to second the motion.
MRS. E. ELLIOTT (in English):-Mr. Chairman, I regret that I cannot support this motion to increase the pitch fee for licensed newspaper hawkers. The number of unlicensed newspaper hawkers operating on
Page 128 of 135