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MR. BERNACCHI :--I have one further question to ask and that is you have already communicated in far greater detail to me information in respect of this question. Do I take it that is a confidential report, Sir; that any further detail contained in that communication is confidential?
MR. A. ST. G. WALTON :-As the matter has been referred to Government I do not think any more can be said until a reply from Government is received. Copies of the Minutes have been circulated to Members and will be circulated to other Members if they wish to have them.
MOTION.
THE CHAIRMAN moved :--
"That the Hawkers (Amendment) (No. 3) By-laws, 1957, be made under Section 2 of the Hawkers Ordinance (Chapter 157).”
He said: I rise to move the resolution standing in my name. Members will see from the Explanatory Note at the foot of the proposed by-laws that the purpose of this measure is to enable the lists of streets prohibited to pedlar hawkers and to newspaper pedlar hawkers to be amended in a manner somewhat less cumbersome than obtains at present. At the moment the only way of adding a street to the prohibited lists, or removing one, is by an enactment of a by-law in each case. Such a by-law has to be drafted in the Legal Department, enacted at one of the monthly meetings of Council, and subsequently confirmed by resolution in Legislative Council. When the control of pedlar hawkers depends to such large extent on keeping up-to-date and realistic lists of prohibited streets it will be appreciated that this is indeed a cumbersome way of proceeding.
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I need hardly add that any proposed amendment would, of course, be discussed first with the Commissioner of Police and with any other interested departments, and of course considered in the appropriate Select Committee of this Council, before action was taken in the manner proposed under these by-laws.
I now propose that the Hawkers (Amendment) (No. 3) By-laws, 1957, be made under Section 2 of the Hawkers Ordinance.
DR. TENG seconded.
MR. BERNACCHI :--Mr. Chairman, these amendments will of course be supported and this is perhaps the first indication that this Council has had in public session of the present cumbersome machinery in respect of the passing of by-laws. The Council is concerned with a very large number of by-laws and the ever changing problems in this community of Hong Kong makes it repeatedly necessary to introduce variations into the existing by-laws and sometimes the complete cancellation of one by-law and the introduction of another. I would like to take this opportunity of suggesting that the present machinery is too cumbersome as a whole and that I hope it will be possible in the future through perhaps the new legislation which is under consideration by this Council, in conjunction with other departments of the Government, to introduce a system whereby we simply amend or pass our by-laws and they are laid on the table of the Legislative Council for information without the cumbersome procedure of being re-introduced by motion in Legislative Council and passed by that body. I mention this now because this is the first time that the present method of legislation has come into the open and we have had to get over it, in this case, by introducing a system of gazetting to avoid amending the by-laws when really what we are doing is introducing amendments to the Hawkers By-laws every time we publish a change in the Gazette. We support the motion and we strongly recommend that in the course of the other law revision the whole system of legislation by by-laws be reviewed and simplified.
MR. C. Y. KWAN :-As Chairman of the Law Revision Select Committee I can assure you, Mr. Bernacchi, that this matter has been dealt with in considering the new legislation.
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MR. BERNACCHI :--I have one further question to ask and that is you have already communicated in far greater detail to me information in respect of this question. Do I take it that is a confidential report, Sir; that any further detail contained in that communication is confidential?
MR. A. ST. G. WALTON :-As the matter has been referred to Government I do not think any more can be said until a reply from Government is received. Copies of the Minutes have been circulated to Members and will be circulated to other Members if they wish to have them.
MOTION.
THE CHAIRMAN moved :-
"That the Hawkers (Amendment) (No. 3) By-laws, 1957, be made under Section 2 of the Hawkers Ordinance (Chapter 157).”
He said: I rise to move the resolution standing in my name. Members will see from the Explanatory Note at the foot of the proposed by-laws that the purpose of this measure is to enable the lists of streets prohibited to pedlar hawkers and to newspaper pedlar hawkers to be amended in a manner somewhat less cum- bersome than obtains at present. At the moment the only way of adding a street to the prohibited lists, or removing one, is by an enactment of a by-law in each case. Such a by-law has to be drafted in the Legal Department, enacted at one of the monthly meetings of Council, and subsequently confirmed by resolution in Legislative Council. When the control of pedlar hawkers depends to such large extent on keeping up-to-date and realistic lists of prohibited streets it will be appreciated that this is indeed a cumbersome way of proceeding.
The alternative procedure which would be introduced by these amending by-laws is for the Council, by notification under the hand of the Secretary and published in the Gazette, to amend or cancel any part of Appendix III or Appendix IV to the Hawkers By-laws, that is to say the lists of prohibited streets.
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I need hardly add that any proposed amendment would, of course, be discussed first with the Commissioner of Police and with any other interested departments, and of course considered in the appropriate Select Committee of this Council, before action was taken in the manner proposed under these by-laws.
I now propose that the Hawkers (Amendment) (No. 3) By- laws, 1957, be made under Section 2 of the Hawkers Ordinance.
DR. TENG seconded.
MR. BERNACCHI :--Mr. Chairman, these amendments will of course be supported and this is perhaps the first indication that this Council has had in public session of the present cumbersome machinery in respect of the passing of by-laws. The Council is concerned with a very large number of by-laws and the ever changing problems in this community of Hong Kong makes it repeatedly necessary to introduce variations into the existing by- laws and sometimes the complete cancellation of one by-law and the introduction of another. I would like to take this opportunity of suggesting that the present machinery is too cumbersome as a whole and that I hope it will be possible in the future through perhaps the new legislation which is under consideration by this Council, in conjunction with other departments of the Government, to introduce a system whereby we simply amend or pass our by- laws and they are laid on the table of the Legislative Council for information without the cumbersome procedure of being re- introduced by motion in Legislative Council and passed by that body. I mention this now because this is the first time that the present method of legislation has come into the open and we have had to get over it, in this case, by introducing a system of gazetting to avoid amending the by-laws when really what we are doing is introducing amendments to the Hawkers By-laws every time we publish a change in the Gazette. We support the motion and we strongly recommend that in the course of the other law revision the whole system of legislation by by-laws be reviewed and simplified.
MR. C. Y. KWAN :-As Chairman of the Law Revision Select Committee I can assure you, Mr. Bernacchi, that this matter has been dealt with in considering the new legislation.
No comments yet.
Private notes are available after approval.