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in this aspect. The current measure which the Council adopts is that regardless of the type of offence committed by people engaged in food business and whether such offence has anything to do with hygiene or not, suspension of licence will be resorted to if three convictions are registered within 12 months. The licence will be suspended for 2 days if it is the first time that three convictions are registered within 12 months;
days if it is the second time; the Council will consider cancelling the licence at the third time. This measure, however, may not be of any help in safeguarding the health of the people or food hygiene. It only agitates people engaged in food business from time to time and even enhances the possibility of corruption. Although I am the Chairman of the 'Food Hygiene Select Committee', I have been dissatisfied with this measure for long. However, as such a measure was resolved as a result of the minority succumbing to the majority, I can do nothing but comply with it. I would like to take this opportunity to put forth the following suggestions, hoping that they will be considered and subsequently passed by the Select Committee chaired by me. In this way, both the people of Hong Kong and those engaged in food business will benefit:
(a) Computation of 'Conviction': The present system is to register the conviction against the 'premises' and not the licence itself. In other words, the conviction of a newly opened restaurant for starting business before it is issued a license will be reckoned. Being convicted thrice for unlicensed operation will render the restaurant liable to 'suspension of licence' soon after it is issued the licence even though it is not prosecuted any more because it has already violated the regulation that licence will be suspended if there have been three convictions within 12 months. The situation is absolutely unfair to the food business operators and equally illogical. Hence, I propose that the computation of conviction should only start after the issue of the licence. Even though it is intended to incur a deterring effect, the suspension of a licence must still not go beyond 'reason' and 'logic'.
(b) If more than three convictions are recorded within twelve months, all these convictions should be computed as one group of 'three convictions' instead of the present system of bringing the fourth and further convictions forward to be counted in the next Suspension Order. At present, the food business operators are often confused as to why their licences are suspended.
(c) In considering the convictions which are to be included for the imposition of suspension of licence, these convictions should be categorized 'Convictions Related to Hygiene' and 'Convictions Not Related to Hygiene'. Other suitable measures should be taken to deal with those 'Convictions Not Related to Hygiene' such as alteration of layout plan without prior application or the breach of food sale conditions (For example, selling rice when only congee is permitted). And, such convictions should not be included for the imposition of Suspension Order.
(a)
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The regulation that a licence which has been suspended thrice is to be cancelled is too strict and unreasonable. Further consideration should be given to making a more reasonable decision.
We all agree to have stringent law and harsh punishment as a deterrent to offence. But being excessively strict is just as bad as being excessively lenient. Both are equally disturbing to the public and should be dismissed.
Mr Chairman, with the above remarks, I support your motion.
(Mr Shum Choi-sang arrived during Mr Edmund W. H. Chow's address.)
MR AMBROSE K. C. CHOI (in Cantonese): Mr Chairman, today is again our Annual Conventional Debate. I feel within the Hong Kong Government, only the 24 Councillors in the Urban Council, regardless of being appointed or elected, are from the people. They devote themselves to services for the improvement of our citizens and we should co-operate together instead of attacking each other, because this will not meet the expectations of our over 4 million population. The elected Councillors and appointed Councillors are equal. They should serve the citizens just as well. Conspiring against each other will do no good to the Urban Council. As for the small jurisdiction of the Urban Council, I have been saying that our jurisdiction has been on the decline for years. However, we have to ask whether the Central Government has the same confidence to allot to us the same scope of jurisdiction as that enjoyed by urban councils in the United Kingdom. As we do not show a united front, how can we meet the expectations or the delegation of authority as given by the Central Government. In the past, there were a lot of Councillors who were very poor in attendance. They were late and they left early. And yet they just knew how to point their fingers at other persons. Also, as there was somebody saying something, one said 'shut up' and later he apologized. I wonder whether this is an appropriate attitude for a Councillor. I feel very sad indeed. If I were the Central Government, I would dare not increase the jurisdiction of the Urban Council. I think we should unite together and devote all our efforts to inspiring each other into service for the citizens. If we do this, without our asking them, the Central Government would certainly delegate more authority to us. We do not have to shout. We just have to work diligently. Shouting does not help. It would only arouse agitation amongst citizens and it would also mean the Central Government would trust us even less. Well this is something which I have thought up temporarily for the time being and I would like to go on with the speech that I have prepared.
Recreational and sports activities are conducive to both physical and mental health. They are instrumental in enabling people to live happier lives and become more useful citizens. Therefore, no efforts should be spared in promoting such activities.
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