HONG KONG URBAN COUNCIL
to him which in accordance with the Urban Council Ordinance, bars his exercise of discretion and leaves him the alternatives only of agreeing with the recommendation or referring it to the whole Select Committee. The use of this section to restrain the discretion of the Delegated Member in matters of routine is to be deprecated and I for one am not prepared to tolerate it.
The whole Delegated Member system is in danger of collapsing if the Delegated Member performs only duties that could be performed by the lowest grade of clerk. There also appears to be a complete misapprehension amongst some members of the staff as to the meaning of the word "policy". As I understand the use of this expression in connection with Urban Council work, it means a general principle laid down by the Council through the relevant Select Committee to be followed in the absence of special circumstances. Some members of the staff, however, treat policy decisions as if they were the decrees of some totalitarian regime and for the Delegated Member to decline to follow the general policy in a particular case seems to be considered to be an example of gross ill-discipline. Our work is essentially human. Much of the day to day business is concerned with private individuals and great care must be taken that we do not become the slaves of our own policies. I do not think that there is any need to advocate a change in the law but it is our approach to the application of the law that needs to be reorganized and I am therefore glad to support the Motion now before Council.
CHAIRMAN:-It remains for me to add that the Official Members also support this Motion. There have, I think, been mentioned some points which may perhaps be open to argument to what extent they are strictly relevant. I would like to say that in supporting the Motion I do not necessarily wish to be associated with the opinions which have been expressed on matters not directly relevant.
The question was put.
The Motion was carried.
THE CHAIRMAN moved :-
"That the Hawkers (Amendment) (No. 4) By-laws, 1957, be made under Section 2 of the Hawkers Ordinance (Chapter 157)."
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He said: The enactment of these by-laws is necessary to facilitate the full enforcement of the law relating to stalls used by fixed pitch hawkers. It has in recent months proved possible in certain areas to devote greater resources to the enforcement of this part of the law, and as a result the Hawkers Policy Select Committee has concluded that some of the present provisions are unnecessarily restrictive.
The by-laws before Council today seek to do four things. First they will enable the Council to approve a stall which differs from the standard model stall without having to make another model. Nearly all fixed pitch hawkers can readily use the model stall but there are exceptions and these are now provided for.
Second, the by-laws repeal the provision whereby in some cases a fixed pitch hawker may be allowed no stall but only two baskets. There are at present very few such cases and the hawkers in question may in future either use a stall on their present site or, if there is not enough room, an alternative site will be found.
Third, the by-laws allow a better shade over the stall. When the law was strictly enforced in Yu Chau Street and elsewhere hawkers complained that there was no shade over the hawker himself. In many places there is no objection to an extended shade and the new provision enables the Council to authorize such an extension in particular cases. The by-laws also raise the maximum legal height of the shade from 4′ 6′′ to 6', the higher limit being regarded by the Committee as more practical and realistic.
Finally provision is made for the Council to order the removal of stalls at night. The goods must be removed now but the stalls, which should be small trestle tables, are left in the street. Under the new by-laws the Council is empowered to require hawkers to fold up these tables and put them at places nearby. This is to facilitate night scavenging and to leave a clear street for emergency use at night when the hawkers are not there to move stalls out of the way.
All members have seen these by-laws in draft and will be aware that the new provisions are related to certain experiments in hawker control which are being carried out in Shamshuipo,
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Page 81 of 115
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to him which in accordance with the Urban Council Ordinance, bars his exercise of discretion and leaves him the alternatives only of agreeing with the recommendation or referring it to the whole Select Committee. The use of this section to restrain the dis- cretion of the Delegated Member in matters of routine is to be deprecated and I for one am not prepared to tolerate it.
The whole Delegated Member system is in danger of collaps- ing if the Delegated Member performs only duties that could be performed by the lowest grade of clerk. There also appears to be a complete misapprehension amongst some members of the staff as to the meaning of the word "policy". As I understand the use of this expression in connection with Urban Council work, it means a general principle laid down by the Council through the relevant Select Committee to be followed in the absence of special circumstances. Some members of the staff, however, treat policy decisions as if they were the decrees of some totalitarian regime and for the Delegated Member to decline to follow the general policy in a particular case seems to be considered to be an example of gross ill-discipline. Our work is essentially human. Much of the day to day business is concerned with private in- dividuals and great care must be taken that we do not become the slaves of our own policies. I do not think that there is any need to advocate a change in the law but it is our approach to the application of the law that needs to be reorganized and I am therefore glad to support the Motion now before Council.
CHAIRMAN:-It remains for me to add that the Official Members also support this Motion. There have, I think, been mentioned some points which may perhaps be open to argument to what extent they are strictly relevant. I would like to say that in supporting the Motion I do not necessarily wish to be associated with the opinions which have been expressed on matters not directly relevant.
The question was put.
The Motion was carried.
THE CHAIRMAN moved :-
"That the Hawkers (Amendment) (No. 4) By-laws, 1957, be made under Section 2 of the Hawkers Ordinance (Chapter 157)."
C
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147
He said: The enactment of these by-laws is necessary to facilitate the full enforcement of the law relating to stalls used by fixed pitch hawkers. It has in recent months proved possible in certain areas to devote greater resources to the enforcement of this part of the law, and as a result the Hawkers Policy Select Committee has concluded that some of the present provisions are unnecessarily restrictive.
The by-laws before Council today seek to do four things. First they will enable the Council to approve a stall which differs from the standard model stall without having to make another model. Nearly all fixed pitch hawkers can readily use the model stall but there are exceptions and these are now provided for.
Second, the by-laws repeal the provision whereby in some cases a fixed pitch hawker may be allowed no stall but only two baskets. There are at present very few such cases and the hawkers in question may in future either use a stall on their present site or, if there is not enough room, an alternative site will be found.
Third, the by-laws allow a better shade over the stall. When the law was strictly enforced in Yu Chau Street and elsewhere hawkers complained that there was no shade over the hawker himself. In many places there is no objection to an extended shade and the new provision enables the Council to authorize such an extension in particular cases. The by-laws also raise the maximum legal height of the shade from 4′ 6′′ to 6', the higher limit being regarded by the Committee as more practical and realistic.
Finally provision is made for the Council to order the removal of stalls at night. The goods must be removed now but the stalls, which should be small trestle tables, are left in the street. Under the new by-laws the Council is empowered to require hawkers to fold up these tables and put them at places nearby. This is to facilitate night scavenging and to leave a clear street for emergency use at night when the hawkers are not there to move stalls out of the way.
All members have seen these by-laws in draft and will be aware that the new provisions are related to certain experiments in hawker control which are being carried out in Shamshuipo,
No comments yet.
Private notes are available after approval.