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HONG KONG URBAN COUNCIL
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(c) If prosecution is not an effective measure to improve the situation of illegal occupation of public pavements by goods items, what is the most effective way to bring about improvements?
MR. JOSEPH CHAN YUEK-SUT, Chairman OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in Cantonese): This three-part question concerns enforcement action taken by the Urban Services Department against shop operators for causing obstruction to cleansing services by displaying goods on public pavements.
Over the past 3 years, Departmental staff have issued a total of 17,722 summonses under Section 22(1)(a) of the Public Health and Municipal Services Ordinance, Cap 132. These relate primarily to the offence of obstructing our street cleansing operations. Normally, summonses are issued by the Foreman grade and, taking into account other manpower and administrative inputs and overheads, it is estimated the average cost of each prosecution is of the order of $190. The average fine imposed by the Courts for this offence is $376.
The Department's existing prosecution procedures for taking summons action in respect of obstruction to cleansing operations are designed to be as simple and straightforward as possible. The relevant summons form, which is called Form 1A, is issued on the spot to the offender and specifies the prescribed date, time, and place of the Court Hearing of the case. This obviates the need for the Court to issue any summons by post to the offender.
In terms of street management, Council does have powers under the Public Health and Municipal Services Ordinance relevant to the remit of the Council, namely hawker control, street cleansing, and advertisement posters. Shop extensions in their various forms obviously go beyond these specific concerns. Indeed, the overall problem of street management involves the interests of various Government Departments, and there are a number of different legal provisions under different laws to deal with this issue. In addition to the Municipal Councils, Government Departments such as the Police, Lands Department, Transport Department, and Highways Department all have responsibilities and powers. For example, the Police regularly take action under section 4 of the Summary Offences Ordinance for obstruction, and some of these certainly relate to shop obstruction. Because a variety of Government Departments are involved, street management problems are best tackled on a multi-disciplinary basis through the District Management Committees of District Board.
Obstructions to pavement are widespread in Hong Kong, and in many cases, they are inevitable. An example of this is temporary obstruction caused by delivery and pickup of goods. Another example would be temporary obstruction caused by the depositing of building renovation debris whilst awaiting pickup. Many other examples could be cited. Although such actions are unlawful, what options are available? This is a very problematic area which
Page 272 of 485
Page 272 of 485
Page 272 of 485