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representative bodies to take enforcement action with the powers vested in them by the law so as to minimize annoyance caused to the public.
Furthermore, Mr. No mentioned that there might be a need to amend some pieces of the legislation or by-laws in order to solve the problem. I wish to stress here that if the majority of members of the Select Committee consider that there is such a need, we are most willing to conduct a study, but under the present situation, it is in fact not the Council's duty but the police's. I can only say that the matter should be followed up by the police and that we should urge the police to address the problem.
MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):—There are two situations which I hope the Chairman of the Select Committee will clarify whether they constitute "hawking" activities. There are many traders in the street whom we consider to be hawkers without certainty. They are exclusively engaged in collecting electrical appliances, mobile phones and even magnetic cards or stamps. Is such an activity considered 'hawking'? If any act of exchange (such as exchange by barter) is involved in the process, is it considered 'hawking'? If in the process, this person pays the customer or vice versa to top up the transaction, is it considered 'hawking'?
MR. IP KWOK-CHUNG (in Cantonese):—Regarding the question of whether the situations mentioned just now are tantamount to 'hawking', I consider that it is best for some of the cases to be judged by the court. I can't at present reply Mr. CHUNG'S question of whether the activities mentioned constitute 'hawking activities, but I can share with Members what the meaning of 'hawker' is. Under section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132), a ‘hawker' is defined to be any person who trades:
(1) by selling or exposing for sale any goods, wares or merchandise; (2) by exposing samples to be afterwards delivered;
(3) by offering for hire his skill in handicraft or his personal services.
Any person who has not met these conditions is not regarded or treated as a 'hawker'. Neither will the members of the Hawker Control Officer grade take any enforcement action.
MR. TIM S. MANUEL CHAN (in Cantonese):—Mr. Chairman, in an economic downturn, as long as they do not cause any obstruction to the public or in the street, or any embarrassment, the touting practice of these telecommunication companies should be tolerated to a certain extent, but the problem is that this practice may cause obstruction in the street or to access as well as embarrassment. I wish to ask Mr. IP, the Chairman of the Markets and Street Traders Select Committee, whether he would agree that when the Department's staff bump into this kind of situation in their inspection of black spots—in which (they could do nothing) as the activities do not amount to ‘hawking' while as the Chairman of the Select Committee mentioned just now, there was also limitation
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