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HONG KONG PROVISIONAL URBAN COUNCIL
In the recent outbreak of cholera, I also noticed a case in which the restaurant whose patrons were infected with cholera bacteria after taking lobster sashimi might be ordered to cease operation by the Department of Health under the Prevention of the Spread of Infectious Diseases Regulations, Cap. 141. The dealer supplying seafood to the restaurant was also advised by the Department of Health against selling anymore seafood, but he argued that the Department's demand for cessation of business was not backed up by any evidence that the seafood he sold had been contaminated with bacteria, and indicated that he would sue the Department. This case shows that there are indeed loopholes in the Prevention of the Spread of Infectious Diseases Regulations, Cap. 141 invoked by the Department of Health, which is but a paper tiger in certain circumstances. The loopholes of these regulations must be plugged. The culture of cholera bacteria takes at least three days or normally more than five days. If it takes five days before substantial evidences are available that the seafood supplied by a certain place or a certain dealer, or the food of a certain restaurant carries cholera bacteria, a lot of people might have already patronized it or taken the food during these three to five days or an even longer period and been infected. The loopholes therefore must be plugged. In fact, as early as last year, when the Escherichia coli was rampant, the Democratic Party proposed that not only should the Director of Health be authorized to order restaurants and food premises to cease operation on grounds of contagious diseases, but the two municipal services departments should also be vested with similar powers to order food premises which are unlicensed and atrocious in environmental condition to cease operation immediately without going through the process of being summoned to court, listed for hearing and losing all the points first. Unfortunately, this was opposed to by the Department. We can see from this case where the loopholes are. Apart from this restaurant in Causeway Bay which was suspected to be the source of cholera bacteria, there was another cholera case in Kowloon where someone was infected with cholera after patronizing a restaurant. It has not been confirmed as to whether the restaurant was the source of bacteria but we have discovered that the seafood supplier of both restaurants was one and the same supplier.
I hope that the Department will learn from the lesson by studying again the possibility of vesting the Director with the authority so as to plug the legal loopholes. She should be empowered to close, with immediate effect, food premises which are unlicensed and atrocious in environmental condition.
With these remarks, I support Mr. Li Wah-ming's motion.
MR. CHAN BING-WOON (in Cantonese): Mr. Chairman, I favour the formulation of stringent statutory hygiene standards and particularly enhanced education, but at the same time, as a colleague of ours just mentioned, there is a doctor in the Council who frequently monitors the hygienic situation for us. There are two doctors in my family but I have not
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