RESTRICTED 內部文件
483
For discussion
on 18 November 1986
XCR (86) 210 2 Copy No....
MEMORANDUM FOR EXECUTIVE COUNCIL
Public Health and Municipal Services Ordinance
(Chapter 132)
PETITION BY MR CHENG LUNG-NGAN
A
Introduction
Section 125(10) of the
of the Public Health and Municipal Services Ordinance (Chapter 132) provides that any person who is dissatisfied with the determination of the licensing authority upon review may, within fourteen days after notification by the licensing authority of such determination, appeal to the Governor in Council by way of petition.
2
In the petition at Annex A, Mr CHENG Lung-ngan is appealing against the decision of the Urban Council to cancel his hawker licence in respect of Fixed Pitch No. 38 at Mut Wah Street Playground, Kwun Tong, Kowloon for persistently failing to be present to conduct or superintend business.
Background
3
By-law 38 of the Hawker (Urban Council) By-laws provides that when the business of a licensee to whom a fixed pitch has been allocated is being carried on, the licensee shall be personally present at the pitch and conduct or superintend business there, unless absent for some reasonable
cause.
L
The Urban Services Department found that Mr CHENG Lung-ngan did not operate his pitch personally at a satisfactory rate in July 1982. A warning letter was issued to Mr Cheng on 19 October 1982, informing him that his licence
licence might be cancelled if he failed to resume personal operation of the pitch within seven days.
5
Despite the warning, Mr Cheng was again found not operating his pitch when observation was conducted by the staff of the Urban Services Department in November 1982 and March and May 1983. Two more warning letters were sent to him on 10 January 1983 and 18 April 1983.
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