XN000022-1994-10-19 — Page 6

REPLY:

WEDNESDAY, OCTOBER 19,

1994

THE

PER

(B) IN RESPECT OF (A) ABOVE, THE AVERAGE PERCENTAGE OF PRODUCTION COST AS COMPARED TO THE GROSS RECEIPT CONCERT, AND THE TOTAL FINAL AMOUNT RECEIVED BY THE CHARITIES;

(C) THE BREAKDOWN BY ACTUAL GROSS RECEIPT, PRODUCTION COST AND ACTUAL AMOUNT RECEIVED BY THE CHARITIES IN RESPECT OF EACH OF THE LAST FIVE CONCERTS ORGANIZED BY-

(I) EACH OF THE RADIO AND TELEVISION STATIONS; AND

(II) OTHER ORGANIZATIONS?

AT PRESENT, THERE IS NO LEGISLATION ENACTED SPECIFICALLY ΤΟ CONTROL CHARITABLE FUNDRAISING ACTIVITIES. HOWEVER, UNDER SECTION 4(17) (I) OF THE SUMMARY OFFENCES ORDINANCE (CAP.228), FUNDRAISING ACTIVITIES FOR CHARITABLE PURPOSES WHICH TAKE CERTAIN FORMS, SUCH AS, THE COLLECTION OF MONEY OR THE SALE OR EXCHANGE FOR DONATIONS OF BADGES, TOKENS OR SIMILAR ARTICLES, AND WHICH ARE CARRIED OUT IN A PUBLIC PLACE ARE REQUIRED TO HAVE A PUBLIC SUBSCRIPTION PERMIT ISSUED BY DIRECTOR OF SOCIAL WELFARE. THE ORGANIZER OF A CHARITY CONCERT IS NOT REQUIRED TO APPLY FOR A PERMIT ISSUED BY THE DIRECTOR AS A CHARITY CONCERT IS NOT ONE OF THE FORMS PRESCRIBED IN SECTION 4. THE ORGANIZER HAS, HOWEVER, ΤΟ APPLY FOR A PERMIT ISSUED BY THE TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY UNDER SECTION 8 OF THE PLACES OF PUBLIC ENTERTAINMENT ORDINANCE (CAP. 172) IF THE CONCERT IS OPEN TO THE PUBLIC. PROGRAMME CONTENTS AND PUBLIC ORDER ARE THE MAJOR CONSIDERATIONS IN GRANTING A PERMIT. WHETHER THE CONCERT IS FOR A CHARITABLE PURPOSE IS NOT A FACTOR. THE ORGANIZER OF THE CONCERT DOES NOT HAVE TO STATE WHETHER THE CONCERT IS FOR A CHARITABLE PURPOSE WHEN HE APPLIES FOR A PERMIT. IN THE CIRCUMSTANCES, THE INFORMATION REQUESTED IN PARTS (A), (B) AND (C) ARE NOT AVAILABLE.

WITH REGARD TO THE MONITORING OF FUNDRAISING ACTIVITIES, PEOPLE ORGANIZING FRAUDULENT CHARITY CONCERTS ARE LIABLE TO PROSECUTION UNDER SECTION 17 OF THE THEFT ORDINANCE (CAP.210) FOR "OBTAINING PROPERTY BY DECEPTION". TO STRENGTHEN CONTROL OVER FUNDRAISING ACTIVITIES, THE ADMINISTRATION FORMED A WORKING GROUP IN JULY 1992 TO REVIEW THE

ADEQUACY OF EXISTING LEGISLATION AND MEASURES TO CONTROL FUNDRAISING ACTIVITIES IN HONG KONG. THE REPORT OF THE WORKING GROUP ON THE CONTROL OF FUNDRAISING ACTIVITIES WAS PUBLISHED IN MAY 1994, AMONG OTHER THINGS, THE WORKING GROUP RECOMMENDED THE INTRODUCTION OF SEPARATE LEGISLATION TO REQUIRE ORGANIZERS OF CHARITABLE ACTIVITIES TO BE HELD IN ANY PLACE AND IN ANY FORM TO APPLY FOR A PERMIT. THE ADMINISTRATION IS IN THE PROCESS OF CONSULTING INTERESTED PARTIES, SUCH AS THE HONG KONG COUNCIL OF SOCIAL SERVICE, NON-GOVERNMENTAL ORGANIZATIONS AND OTHER MAJOR COMMUNITY ORGANIZATIONS ON THE WORKING GROUP'S REPORT. DRAFT LEGISLATION WILL THEN BE PREPARED FOR INTRODUCTION INTO THE LEGISLATIVE COUNCIL.

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