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PROVISIONAL URBAN COUNCIL
The third part of the question enquires whether the Department's Hawker Control Teams (HCTs) are empowered to take prosecution and confiscation actions regarding the notice boards and wooden stands used by these companies for publicizing their businesses. The answer is again 'no'. The HCTs are primarily tasked to tackle the hawker problems and therefore they are not empowered to take prosecution and confiscation actions against such 'non-hawking' activities.
MR. STANLEY NG WING-FAI (in Cantonese): It is said that since the giving out of gifts (such as scanners) at the entrances of MTR by these telecommunication companies is not tantamount to hawking, the HCTs of the Urban Services Department cannot execute their duties. Then is the situation out of control? I don't think so.
I have two follow-up questions. Firstly, if under the present legal interpretation of the definition of 'hawking', the above-mentioned activities are not tantamount to 'hawking', then there may be a need for us to review the relevant legislation and follow up on the definitions of 'hawker' and 'hawking', so as to avoid any serious annoyance caused to members of the public by these telecommunication companies at the MTR entrances and the risk of people tripping over.
The other follow-up question. As stated in paragraphs 2 and 3 of the written reply, the police may take action under the Summary Offences Ordinance if the activities are considered to have constituted a 'touting' offence. Unfortunately, the police representatives are absent at many of the meetings of the Working Group on the Control of Illegal Hawking. Indeed, members of the Working Group regret very much over this. The question I wish to follow up on is that, as stated in paragraph 2 of the written reply, apart from constituting a 'touting' offence, the activities of these companies may also constitute obstruction in a public place. As far as I understand, since obstruction in a public place is constituted, the Department's staff are empowered to take relevant action against those causing obstruction in a public place (obstruction in the street). May I ask the Chairman of the Select Committee whether they would review the issue (an issue which according to the Department, the staff cannot handle)?
MR. IP KWOK-CHUNG (in Cantonese): In his first follow-up question, Mr. NG mentioned that the existing hawking activities are 'out of control'. I wish to stress that the reply I gave just now clearly indicates on the contrary that the situation is 'under control'. However, the control is not exercised by the Council's Hawker Control Officer grade, neither does it fall under the management of the Council. It is the police's job.
In the second follow-up question, Mr. Ng mentioned that the police had been absent at many of the Council's meetings and asked how the problem was to be handled. All I can say is that we could only reflect our views to the police through the Select Committee, hoping that the police will step up prosecution against the activities. It is also hoped that the police will be urged by other...
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