Page 335 of 654
HONG KONG PROVISIONAL URBAN COUNCIL
331
to the operators of the food kiosks. Moreover, such citizens or organizations will also contravene the Pleasure Grounds (Urban Council) Bylaws by selling or reselling food or drinks inside the recreational venues without the prior approval of the Council.
MR. WU CHI-WAI (in Cantonese):—The second part of the reply clearly states that in the contracts there are no provisions forbidding citizens or organizations to bring in food or drinks other than those provided by the food kiosks, but why does the Department issue a notification to the hirers advising them not to sell, re-sell, or distribute free of charge food within the venue? Which law or contract is this based on? I hope the Chairman of the Select Committee will answer this first.
MR. RONNIE WONG MAN-CHIU (in Cantonese):—In being allowed to run a food kiosk or restaurant in a venue, the operator to some extent enjoys a franchise and the purpose of issuing the notification to the hirers is to warn the persons concerned that sale, re-sale or free distribution of food or beverage may constitute a commercial activity which is in contravention of the franchise granted to the operator. However, this does not apply to the food or beverage citizens brought in for their own consumption because no commercial activity is involved.
MR. WU CHI-WAI (in Cantonese):—I have a follow-up question because the Committee has not answered my question. Since there are no provisions, I still wonder what the contractual basis is. Why does the Department issue such a notification to the hirers? This is the first question.
The second question. Because of the above background, we have received complaints from some school organizations saying that when the schools hold sports events/athletic meets in the recreational venues, the Department requires them to use the services of the food kiosks in providing students with food and beverage for consumption within the venues. As far as I understand and based on the response of the staff of the Department to my query, apart from ten organizations or so which are exempted by the Urban Council in a year, no organizations are granted the exemption. May I know based on what terms individual organizations hiring our recreational venues are exempted from the requirement of using the catering services of the food kiosks?
MR. RONNIE WONG MAN-CHIU (in Cantonese):—I think that under the existing practice, apart from the activities arranged by the Council which enjoy the exemption, all organizations other than the Council are handled in accordance with the franchise contracts we grant the food kiosks.
As for the distribution of food by school organizations within the venues, it is already a violation of the contract terms. The possible alternative is to
Page 335 of 654
Page 335 of 654
Page 335Page 336