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HONG KONG URBAN COUNCIL
As regards the second question on whether the Housing Department being a government department can be prosecuted, I want to ask the Chairman: If Government House is infested with mosquitoes, are we going to deal with that and the Governor's dog was arrested after biting someone. Everyone is equal before the law. what are we going to do? So even government departments are liable to prosecution, the Government has been prosecuted or sued. As the Housing Authority is only a policy-making body, it is not involved in the day to day work. It does not manage the housing estates and the actual work is done by the Housing Department. I am against the amended motion.
MR. ERIC WONG Chung-ki (in Cantonese):—On the face of it, I support Mr. CHEUNG's amended motion. It proposes to strictly enforce the Ordinance. Strict enforcement must include prosecution, unless I am told otherwise. But in outlining the aim of the amendment, it is rather dangerous to enforce but not prosecute. Without this interpretation, I think his amended motion is really the same as Mr. LAI's original motion. But with his interpretation and if the Department accepts that interpretation, then we will be put in a very dangerous position. Many of our colleagues including Mr. CHEUNG Wing-sum get their support from public housing estates. The voters living in housing estates will request the Housing Department to improve the management standard in terms of public sanitation. The suggestion by Mr. LAI to lay charge may or may not imply the Housing Department or Housing Authority to be the target, it could be the housing managers who would be answerable. It could be cleansing contractor. If they do not discharge their duties faithfully, then they will be answerable to charges. Even though I am not well educated, don't try to fool me. The amended motion is obviously aimed at not laying charge against the Housing Department. If the amended motion has such hidden aim, we should review it. Even with the adoption of the amended motion, I hope the USD should not have a false impression that strict enforcement does not mean no prosecution. The Housing Society or Housing Authority's management companies should really be taught a lesson. They should not have double standards by just claiming at one time that they are not responsible for the actual work but on other occasions by regarding the public housing estates as private land. I agree to the arrangement whereby the power to arrest and prosecute hawkers within housing estates be delegated to the Housing Department. But we have to remind Members that the Housing Department has only a team of 200 odd people to look after all matters including cleanliness, hawkers and so on. If we delegate this power to them and tell others that is not our duty, then I think we are simply trying to pass the buck. If we support Mr. Cheung's amended motion, it is all right. It is still alright if our aim is not to prosecute. But USD staff are requested to remove all rubbish if there are any complaints against the Housing Department in public housing estates.
MR. SAN Stephen WONG Hon-CHING (in Cantonese):—I am in favour of the original motion. I personally think that if the Council has legislative backup, then irrespective of whether or not it is a government department, the Council
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