HONG KONG URBAN COUNCIL
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Council, but also by the Recreation and Culture Branch (RCB) and other Departments. The RCB is now reviewing the relevant legislation with other Government Departments, and is considering amending suitable legislation to tackle those unlicensed cinemas. As for the second question on whether we can announce the names of those unlicensed cinemas, we do not take the initiative to do so as a matter of practice. But if these cases are tried in the open court they will be widely reported and the public will be aware of them.
Mr. Joseph Lai Chi-keong (in Cantonese): -We know that USD has issued letters of requirements to three cinemas, and two have not been given such letters because the notices were given by the Buildings Department. At present the Council is only involved in processing one application. My question is When we issue letters to those applicants, what follow-up action will be taken? We have allowed these unlicensed cinemas to continue operation ranging from 1 to 16 months. Within the 16 months of operation, should there be any accidents then people's lives will be jeopardised and they are wary about it. Our policy is only to impose a fine on them and if they can pay the fines, there is nothing more we can do. It is possible to give them a time limit to comply with the licensing requirements say ventilation system or alteration work. Can we impose heavier fines on them if they fail to comply with the licensing requirements within the prescribed time limit? Can we also issue an ultimatum to suspend their business? This is a more effective way. We should not allow them to continue to operate without licences for 16 months. So is there any way or do we have any legal authority to terminate their operation?
Mr. Joseph Chan (in Cantonese):—There is no law to turn down or terminate any applications, and we have no authority to close down the unlicensed cinemas. There is a time limit imposed on applications. They have to get a licence before they can start doing business. They have to comply with our licensing requirements before they can start operation, that is the time limit. The point is, before they comply with our requirements they start operating. That is the problem. So the USD keeps on prosecuting these unlicensed cinemas. In the past 12 months, 31 prosecutions were instituted, but the courts did not impose heavy penalties on them. It is outside our control because we cannot interfere with the decision of the courts. So that is the present situation and this is all we can do.
Mr. Steven HUNG (in Cantonese):—Thank you Mr. Chairman. Can we have the names of the cinemas and how long have they been operating without licences? In paragraph 7 it is said that in case of fire, the operator will be culpable. May I know what is the difference between a licensed cinema and an unlicensed one in terms of legal liability in the case of a fire?
Mr. Joseph Chan (in Cantonese):—There are 3 unlicensed cinemas in Kowloon and 3 on Hong Kong Island. As regards their names, I do not have them at hand. If members want to get them, I can provide them to members after the
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