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'THAT the Public Cemeteries (Amendment) By-laws 1979, be made under section 116 of the Public Health and Urban Services Ordinance, Cap 132.' I would first like to make it clear that this amendment only applies to the Hong Kong Cemetery and will not affect graves in existence before the enactment of the amendment.

The proposed new by-laws restrict the sizes of grave coverings, monuments, headstones and tablets; limit the human remains which can be interred in one grave space to one set per grave, except where the Director of Urban Services approves otherwise; and empower the Director of Urban Services to modify or remove any unauthorized grave coverings, monuments, headstones and tablets after giving the next of kin the opportunity to do so.

At present, there is no provision in the existing by-laws to control the size of, or specify the maximum dimensions for, grave coverings, monuments, headstones and tablets, nor is there provision to remove any unauthorized ones. Likewise, no provision exists for the control of the number of interments of human remains in a coffin or urn grave.

The purpose of the proposed new by-laws is therefore to close existing loopholes and to provide a legal basis for the improved control of public cemeteries in the urban areas.

I beg to move.

MR AMBROSE K. C. CHOI (in English):-As the Vice-Chairman of the Environmental Hygiene Select Committee, I second the motion.

The question was put.

The motion was carried with 20 votes for and 1 abstention. (The Chairman did not vote.)

2 MR SHUM CHOI-SANG, CHAIRMAN OF THE STREET TRADERS SELECT COMMITTEE, moved the following motion :-'RESOLVED that Hawker (Permitted Area) (Amendment) Declaration 1979 be made under By-law 4(1) of the Hawker By-laws.'

He said (in English): ---Mr Chairman, I rise to move the motion standing on my name:

'THAT the Hawker (Permitted Area) (Amendment) Declaration 1979 be made under By-laws 4(1) of the Hawker By-laws.'

This amendment to the Schedule to the Hawker (Permitted Area) Declaration 1975 revokes the setting aside of small stretch of Tung Choi Street in front of House No. 61 as a Hawker Permitted Area. This stretch of the street is required to provide access to the carpark on the upper floors of the building. The hawkers using this particular area may continue to carry out their business in the remaining part of Tung Choi Street.

I beg to move.

MR TSIN SAI-NIN (in English):-Mr Chairman, as Vice-Chairman of this Select Committee, I second this motion.

MR B. A. BERNACCHI (in English):—Mr Chairman, I intend to vote for the motion, but I would draw this Council's notice to the fact that the hawker permitted areas have gone on too long without the hawkers being licensed and we are always having odd motions about either making some streets as hawker permitted areas or excluding some part of another street and I do suggest for Members' consideration that urgent steps be taken to legalize hawkers in hawker permitted areas, and I say 'legalize' because at present they are not legal, and then convert hawker permitted areas into licensed areas which is the policy laid down in the Aims and Objectives.

MISS CECILIA L. Y. YEUNG (in Cantonese):—Mr Chairman, it is not clearly stated that the hawkers can carry out their business in the remaining part of Tung Choi Street. Can we be told from which part of Tung Choi Street to which part of Tung Choi Street? Does it mean all parts of Tung Choi Street except in front of House 61?

CHAIRMAN (in English):--Before I ask the Chairman of the Select Committee to clarify the point made by Miss Cecilia Yeung, perhaps other Members may wish to speak. Do other Members wish to speak on the motion? If not, may I invite Mr SHUM to exercise his right of reply under Standing Order 21, Section 17?

MR SHUM (in English):-Mr Chairman, first of all, I would like to reply to Miss Yeung's question. The hawkers using this particular area may continue to carry out business in the remaining part of Tung Choi Street so that they can still trade there, but there is only a stretch of about 25 feet long in front of House No 61 to be degazetted while the hawkers can still trade in the other part of Tung Choi Street.

CHAIRMAN (in English):-Miss YEUNG, you have heard the clarification. Is there anything you wish to say?

MISS YEUNG (in Cantonese): --I still think that it is not clearly stated because Tung Choi Street is a very long street and the hawker permitted area only occupies a part of Tung Choi Street. Does it mean that all of Tung Choi Street is a hawker permitted area? As far as I know, one section of Tung Choi Street is not a hawker permitted area.

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