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the Liquor Licensing Board meeting on 24 of this month or he can bring it up in the Food Hygiene Select Committee as well, if this is a question of food poisoning. I was told that liquor really killed germs.
MR. CHOW (in English):—What is meant by sufficient evidence in the mind of the Chairman of the Liquor Licensing Board and what sort of legal action could be taken against these alleged offenders?
MR. C. K. CHAN (in English): Evidence is normally compiled by the departmental staff and submitted to the P.C.C. who is a highly qualified legal man. If he considered it sufficient evidence, it must be sufficient evidence. However, for instance, I can recall there was a certain club in Yau Yat Chuen which the departmental staff suspected was not frequented by members of the club, may be one or two members of this Council are members too; and that a prosecution was laid, and that there were 2 members eating in the club and the others did not prove that they were members and without saying they were members or not, but I understand as I read from newspaper, it was not found guilty or it was found not guilty.
MR. CHOW (in English):—Could the Chairman of the Liquor Licensing Board enlighten the Members or enlighten me by giving some sort of examples as to what's meant by sufficient evidence or insufficient evidence?
CHAIRMAN (in English):—Are you speaking of giving a general example?
MR. CHOW (in English):—General example. So far that it can enlighten me.
CHAIRMAN (in English):—General example without reference to any specific case, please.
MR. C. K. CHAN (in English):—As a matter of fact, I, as a Chairman of Liquor Licensing Board, never give legal advice to anyone, and I always ask advice from the P.C.C. and the A.P.C.C. I never make a ruling on law without consulting them. But of course, if Mr. CHOW is very interested in what is sufficient evidence and what is not sufficient evidence, I am quite prepared to refer this matter to the P.C.C. who may be prepared to give his opinion in writing.
2. MR. WALTER M. SULKE asked the following question (in English):—Can I please have an assurance that all contracts under the aegis of the Urban Council or U.S.D. for the construction of any buildings, gardens, playgrounds etc. will have a clause insisting on quiet equipment to be used by the contractors and especially silenced and enclosed compressors and silenced pneumatic drills?
DR. DENNY M. H. HUANG, CHAIRMAN OF THE ENVIRONMENTAL HYGIENE SELECT COMMITTEE, replied as follows (in Cantonese):—This question concerns the compulsory use of noise-silencing equipment by contractors carrying out construction works for the Urban Council.
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The Principal Government Architect has been consulted on this matter. His advice is that all building contracts executed by the Architectural Office of the Public Works Department, including those for Urban Council projects, include a standard 'Preliminaries' Clause in the Bill of Quantities stipulating that the contractor must allow for providing throughout the whole period of the contract and extended period, if any, mufflers or other suitable noise silencers on all pneumatic drills, compressors and other plant which may create a noise nuisance to the public.
The Principal Government Architect has also advised that all Government and private building sites alike are subject to Section 13 of the Summary Offences Ordinance which prohibits generally the use of powered mechanical equipment between the hours of 7 p.m. and 7 a.m. daily and on all public holidays and Sundays unless a special permit from the Government is obtained. The issue of the permit is strictly controlled and there are specific restrictions governing the use of powered mechanical equipment.
MR. SULKE (in English):—Mr. Chairman, there is a great deal of difference between muffled equipment and silenced equipment, and I have not noticed any properly silenced equipment being used on any building site on which buildings are built for us. Who actually enforces these regulations?
DR. HUANG (in Cantonese):—Mr. Chairman, I am not a contractor myself, therefore, I am not conversant with the proper silencers or mufflers. However, I am of the opinion that concerning work on sites, for instance, the P.W.D. and the Police have the authority to carry out the controls. We can only control the noises from air-conditioners. If Mr. SULKE has found anything which is in contravention of this regulation, please could he let the P.W.D. know.
MR. SULKE (in English):—I really would like to take it a little bit further because I think it is a very important matter because especially compressors and pneumatic drills create a noise nuisance throughout the time taken for the building and I think this Council really should ensure that properly silenced equipment, not just muffled equipment, is used when we are building something.
DR. HUANG (in Cantonese):—About Mr. SULKE's suggestion, I will have a word with the U.S.D. and see whether we can ask the P.W.D. to enforce this matter strictly. Another point is, perhaps that Mr. SULKE knows that P.W.D. has a lot of regulations which are not enforced just because of shortage of manpower. About the silencers or mufflers, whether they are carried out on the same ground or not, I don't know. But that I shall convey Mr. SULKE's concern to P.W.D. and to see whether anything can be done about it.
3. MR. WALTER M. SULKE asked the following question (in English):—What was the increase in cost to the Council when summer time ceased to be introduced and what would be the figure now at current day electricity prices?
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