TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 101

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For discussion

on 27th May 1980

HKK 250/1

REA

14 AUG 980

PA

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XCR (80)120- Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

Public Health land Urban Services Ordinance

Chapter 132)

20

this

FOOD BUSINESS (NEW TERRITORIES) STAMENDMENT) REGULATIONS 1980

Action Take

SA

妍

PADRÍ

Annexed for the consideration of Members are the Food Business

(New Territories) (Amendment) Regulations 1980

G.S. 84

Present Position

2

Regulation 4(2) of the Food Business (New Territories) Re gulations exempts from licensing control a canteen which is provided by a factory for the exclusive use of its own workers. Small or medium- sized factories, however, find it uneconomical to set aside space for this purpose. A survey conducted by the Director of Urban Services in March 1979 showed that in the urban areas and the New Territories where the total work force approaches 800, 000 there were only 74 canteens serving meals for some 35,000 workers.

3

Due to the shortage of lunch-time facilities in industrial areas most workers are left with little choice but to patronise illegal and unhygienic restaurants and food stalls. Most of these establishments are found in side streets or occupying communal areas such as staircase landings, entrance lobbies and car parking areas.

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workers

Under the present legislation a canteen which serves from more than one factory is considered to be a food business and is required to be licensed as a restaurant. While the Director of Fire Services has no objection to the provision of communal canteens to serve only factory workers, he does object to the establishment of public restaurants in industrial buildings. He considers that they would attract people of all ages who are not familiar with factory buildings and their layout and would create an unacceptable hazard in the event of fire or other calamity in the building.

5

In a small number of early industrial leases developers were required as a condition of the lease to provide communal canteen facilities. The prohibition of restaurants in industrial buildings has therefore placed these tenants in an invidious position. They can either. comply with the provisions of the lease and risk prosecution for operating an unlicensed restaurant or ignore the provisions of the lease which may render them liable to re-entry enforcement action.

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