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HONG KONG URBAN COUNCIL
By-law 13(1) of the Food Business (Urban Council) By-laws, (Cap. 132) for using open space, etc. for activities relating to the food business; By-law 35(a) of the Food Business (Urban Council) By-laws, (Cap. 132) for illegal extension of business resulting in a material deviation from approved layout of the premises;
Section 4A of the Summary Offences Ordinance (Cap. 228) for causing obstruction in public places.
Additional charges will be laid under other provisions of the Food Business (Urban Council) By-laws if the food is found to be improperly handled or unprotected from contamination.
The Council's current policy is that convictions under the provisions of the Food Business (Urban Council) By-laws are recorded against the licensed restaurant for the purpose of suspension or cancellation of licences. A licence is liable to be suspended when 15 points, which are calculated under the present demerit points system, are recorded arising from convictions for offences under the Public Health and Municipal Services Ordinance and its subsidiary legislations committed within a period of 12 months.
In respect of unlicensed establishments: extension of business onto the streets by unlicensed restaurants is subject to action under by-law 32(1) of the Food Business (Urban Council) By-laws for operating an unlicensed food business, in addition to which the premises concerned are liable to physical closure action.
Over the past six months, 36 summonses have been taken out, and more than 300 prosecutions have been brought, in order to help to curb these illegal activities. Of these 228 prosecutions were successful with the highest fines being $14,000.
Apart from the prosecution action and disciplinary measures to which I have already referred, joint operations against restaurants for extension of business onto the streets can be mounted with the Police, who have the powers of removal, to seize tables and chairs placed outside the food premises. Although the paraphernalia have to be returned to the owners, such seizures cause considerable inconvenience and disruption to the food business and thus also have a deterrent effect.
MOTIONS
1. MR. JOSEPH Y. S. CHAN CHAIRMAN OF THE LIBRARIES SELECT COMMITTEE, moved the following motion:
'RESOLVED that the Library (Urban Council) (Amendment) (No. 2) By-laws 1990 be made under section 105L of the Public Health and Municipal Services Ordinance, Cap. 132.'
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He said (in Cantonese):-Mr. Chairman, I rise to move the motion standing in my name that:
"The Library (Urban Council) (Amendment) (No. 2) By-laws 1990 be made under section 105L of the Public Health and Municipal Services Ordinance, Chapter 132'.
The purpose of these amendments to the Library (Urban Council) By-laws is to reduce the age at which borrowers' tickets may be issued, without a guarantor, from 21 years of age to 18 years of age.
I beg to move.
MISS VICTORIA Y. CHAN, VICE-CHAIRMAN OF THE LIBRARIES SELECT COMMITTEE, seconded the motion (in English):—Mr. Chairman, I second the motion.
The question was put.
The motion was carried unanimously.
(Dr. Samuel P. W. WONG and Mr. CHAN Tak-chor left at 3.15 p.m.)
2. DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, moved the following motion:-
'RESOLVED that the Cremation and Gardens of Remembrance (Urban Council) (Amendment) By-laws 1990 be made under section 124E of the Public Health and Municipal Services Ordinance, Cap. 132.'
He said (in English):—Mr. Chairman, as Chairman of the Public Health Select Committee, I rise to move the motion in my name.
The Cremation and Gardens of Remembrance (Urban Council) (Amendment) By-laws 1990 be made under section 124E of the Public Health and Municipal Services Ordinance now before the Council will, once adopted, reduce the fee for permanent placing of ashes in family niches in government columbaria and rename the family niches as large niches in the Urban Council area.
The existing family niches provided in the two Urban Council Columbaria were first introduced in 1979 to provide for those who wished to deposit the cremated ashes of a number of ancestors in one niche. The existing fee for permanent placing of ashes in a family niche is $5,300. To date, the sale of these niches has been far below expectation. The Department considers it justifiable to reduce the fee for these niches in order to offer a more reasonably priced alternative to the cheaper and smaller standard niches, as well as to help alleviate the developing shortfall in standard niches.
It is also considered that the term 'family niche' is a misnomer and may be interpreted as having inauspicious connotations and that the term 'large niche' would be more appropriate terminology.
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