Page 102 of 132
204
# HONG KONG URBAN COUNCIL
## ADDRESS BY CHAIRMAN
CHAIRMAN (in English):-Ladies and Gentlemen, may I call the meeting to order.
## MINUTES
The minutes of meetings held on 11 January 1994 and 13 January 1994 were confirmed.
## PAPER
The following paper was laid on the table:-
(1) Report to the Urban Council by the Secretary, Urban Council, for the month of January 1994.
CHAIRMAN (in English):-Third agenda item is questions and answers. The first question is to be asked by Mr. LI Wah-ming, the second question. I'll postpone the first question because MA Lee-wo is not yet here. So the next question is to be asked by Mr. Li Wah-ming.
## QUESTIONS
1.
THE HON. LI WAH-MING asked the following question (in Cantonese):- Several food premises in Kwun Tong town centre have, for many years, illegally taken up public areas such as pavements and sitting-out areas for the operation of their business. They even put large stoves for cooking on the pavement, thus causing serious nuisance to the residents nearby as well as environmental pollution. Although the Department has taken out prosecutions regularly, it is virtually unable to deal with the problem. Can the Department draw up special plans as soon as possible so as to get rid of the illegal extension of business of these food premises?
MR. WONG SHUI-LAI, VICE-CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):-The first part of the question concerns the nuisances caused by certain restaurants in the town centre of Kwun Tong as a result of their illegal extension of business onto pavement and nearby sitting-out areas.
There are currently a total of 86 licensed restaurants within the Kwun Tong town area and, of these, 18 have been observed to engage in the practice of extending their business onto public areas in front of their premises. The staff of the Kwun Tong District Office (Environmental Hygiene) have repeatedly been prosecuting the offending licensees for breach of law. In the past 12 months, a total of 124 prosecutions have been taken out against these 18 restaurants.
Page 102 of 132
HONG KONG URBAN COUNCIL
Page 102 of 132
205
Apart from the prosecution action I have just mentioned, the licences of these restaurants are also liable to suspension or cancellation under the Council's current Demerit Points System. Under this system, an accumulation of 15 points within a period of 12 months can lead to suspension of the licence for two days. Further contraventions within the following 12 months can lead to longer periods of suspension and, ultimately, may lead to a recommendation for licence cancellation.
The second part of the question asks whether the department would draw up special plans to eradicate the illegal extension of business of these premises. The problem is general in nature although the degree of such practice may vary from premises to premises. The Demerit Point Scheme is under continuous review and adjustments can be made to it. Also, within our enforcement capability, Departmental priorities can obviously be adjusted and this will be examined.
Consideration is being given in conjunction with the Regional Council to revise the maximum fines for contravention of any provisions of the Food Business (Urban Council) By-laws so as to provide greater deterrence. Also being considered is a possible amendment to the Food Business (Urban Council) By-laws to empower the Council with the authority to decide whether an application of transfer of licence should be approved or not. The aim of this would be to ensure that persons do not attempt the use of the transfer of licence as a means of seeking to evade suspension of licence.
THE HONOURABLE LI WAH-MING (in Cantonese):—Mr. Chairman, in the Annual conventional Debate I mentioned these food premises in Kwun Tong are notorious for their mal-practices. Recently I learnt from the press that some residents have again complained against these premises. In some other black spots such as Yau Tsim and Wan Chai, similar situation exists. I am glad that the Department is studying the possibility of amending the Food Business (UC) Bylaw with regard to the transfer of licence. The demerit point system does not have the deterrent effect because licensees can always transfer their licences. So much so with the review I would like to know whether any short term or immediate action can be taken against the notorious food premises for their illegal extensions so as to win the confidence of the public, otherwise the reputation of the Urban Council would be greatly tarnished?
CHAIRMAN (in Cantonese): So you are asking for any short term measures?
MR. WONG SHUI-LAI (in Cantonese):-Thank you, Mr. Chairman. As far as short term measures are concerned, starting from November 1993 we have carried out irregular raiding operations against these food premises extending their business illegally in Wanchai, Kwun Tong and other districts. It is hoped that this can achieve the deterrent effect and such actions will continue. As these food premises do create a lot of nuisance, the department will ask the Police to assist in carrying out raiding operations. Kwun Tong is particularly notorious
Page 102 of 132