Page 116 01405
Page 116 of 485
HONG KONG URBAN COUNCIL
93
horse. If a street is not clean, we should ask the departmental staff to clean it up. If private housing estates are not clean and full of rubbish, we ask the management companies to clean up the area or we will take prosecution action. You cannot use the extent of such exercise and the substantial manpower resources required as excuses for not taking action. I do not agree with such views.
MR. LEE KWOK-KEUNG (in Cantonese): I also oppose the amended motion. I think Mr. CHEUNG's amended motion says that we should urge the Housing Department to comply with the legislation, that is the spirit of the amendment. But being a District Board member in Wong Tai Sin, I have been working in the Fung Tak Estate for a number of years. We have been urging the Housing Department to comply with the legislation for a number of years to improve sanitation there. But I cannot see any effect coming out from these appeals. Since we have the power to enforce the legislation, I do not know where the Housing Department stands under the law. As a statutory authority responsible for environmental hygiene, we must be able to enforce the law effectively and I think taking out prosecution would be an effective means to compel the Housing Department or the Hong Kong Housing Society to observe the statutory requirements.
Therefore I oppose the amended motion.
THE HON. LI WAH-MING (in Cantonese):--Mr. Chairman, I have listened to Mr. CHEUNG's speech very carefully. But I think he has made a big mistake. First, he has confused whether or not we can prosecute the Housing Department with whether we should prosecute the Housing Department. As regards whether we are able to prosecute the Housing Department, I think being lawyers the 2 members should be able to sort out the problem. They should do their homework. Since I am a layman, I need their advice. We need some advice as to whether the Council can prosecute another Government department under the Public Health and Municipal Services Ordinance. I think Mr. Lau, as a lawyer should respond in this regard. The question of 'should be' or 'should not be' is an important point. If Mr. CHEUNG also thinks that there is something wrong with the sanitation and hygiene condition of public housing estates, we should consider this very carefully.
On the subject of this motion, I have also visited a number of estates. A lot of litter bins are not covered and we can see a lot of debris and construction waste materials disposed in public areas. Has the Housing Department breached the Public Health and Municipal Services Ordinance? I can say they have, because we have provided that all litter bins should be covered properly. The amendment says that we can only urge the Housing Department to comply with the law. What happens if they fail to comply with the Ordinance? I think Mr. CHEUNG is trying to tone down Mr. LAI's original motion because he doesn't think we should adopt a confrontational approach. I think it is not a
Page
Page 116 of 485