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PROVISIONAL URBAN COUNCIL

to the exercise of control under the Summary Offences Ordinance—I wish to ask the Chairman of the Select Committee whether he would agree that when the Department's staff bump into this kind of situation, they should complain to the police and request that the police take immediate action. For situations in which obstruction to access or embarrassment is caused, do you think that our colleagues should do just this more?

MR. IP KWOK-CHUNG (in Cantonese):—I thank Mr. Chan for his question. From my point of view and in the context of public safety, notifying the police is something we can do if in so doing we can fulfil our purpose, but I wish to stress that in the context of the responsibility for control, it should be taken up by the police. I would therefore consider the question raised by Mr. Chan, that is, whether I would agree that the members of the Department's Hawker Control Officer grade should request the police to take action, to be feasible.

MR. STANLEY NG WING-FAI (in Cantonese):—Every one knows the present situation very well. The police have indicated that all the trifles concerning hawkers are by no means in their priority list for action. In most cases, they don't handle this sort of affair. Mr. Chairman, if neither the Hawker Control Officer grade is able to take action under the existing law, the situation can be said to be 'out of control'. May I ask whether the Chairman of the Markets and Street Traders Select Committee is going to follow up on this at the meetings of the Select Committee and seek improvement measures?

MR. IP KWOK-CHUNG (in Cantonese):—If Mr. NG considers that there is a need for the issue to be discussed and reviewed at the meetings of the Markets and Street Traders Select Committee, I am most willing to take it back to the Select Committee, but I wish to stress that under the existing situation and legislation, we have neither the obligation nor the power to exercise control over this sort of activity. I hope Members will understand this.

MR. ALBERT LAI WING-LIN (in Cantonese):—Mr. Chairman, although I myself consider that the answer to the question I am going to ask is in the negative, I am going to ask it just the same lest there should be Members who ask it as a follow-up question. At present it is flag day every Saturday. Is this regarded as illegal hawking and liable to prosecution? My answer is 'no'. What is the opinion of the Chairman of the Select Committee?

The second follow-up question. About the existing promotion made in the street in the sale of properties, is it too considered 'hawking'? My answer is of course 'no'. Again, what does the Chairman of the Select Committee think?

MR. IP KWOK-CHUNG (in Cantonese):—I thank Mr. LAI for his asking and answering the questions himself. Basically Mr. LAI has given the answers I would give.

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