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1 cite, for example, the astute manner in which Part VII of the Bill has been written. Under the existing Public Health (Sanitation) Ordinance, 1935, most of us in Hong Kong are committing an offence by living in overcrowded tenement buildings, which have been partitioned off into dark and unhealthy cubicles. If we examine the new Bill, we will note that it dispenses with the substantive provisions relating to overcrowding, but at the same time it includes comprehensive regulation making powers which would allow Council to take steps to abate overcrowding in cases where such is practicable.
I think this is a very wise adaptation of the law to existing circumstances. Slums and overcrowding will be with us for many years yet, but it is the responsibility of this Council to improve the living conditions of our citizens wherever possible.
The draft Bill absorbs the substance of seven Ordinances and provides for consequential amendments to another three Ordinances. This consolidation will make it easier for the public to understand the law and also, I hope, for the legal profession to defend them in case they are prosecuted for alleged breach of the proposed Ordinance. For the convenience of the public, I hope that the Chairman will give serious thought to having the Ordinance translated into Chinese after it has been passed.
Insofar as it applies locally, the latest corresponding United Kingdom legislation has been put in the Bill. In other matters, local legislation has been used. This makes the provisions of the Bill practical, realistic and yet basically conforming to the high standards established by United Kingdom legislation. When the Bill is passed, I dare say that Hong Kong's public health and urban services laws both in spirit and practice will be second to none in Asia.
Existing legislation is grossly out-of-date and we will find much in the proposed Bill that is new to local law, but which has been put in to cover current administrative practice which has developed with the needs arising from population and other forms of growth in the Colony.
As an illustration, let me point out the helpless situation that Council faces in enforcing the present Advertisements Regulation Ordinance and By-laws. We are supposed to issue permits for all neon sky-signs in the urban areas, but out of the hundreds of neon sky-signs in the Colony, Council has issued only 25 permits in the past 12 years. It is anticipated that the new Bill with the subsidiary legislation governing advertisement will put Council's control of advertisements on a more realistic footing and in keeping with Hong Kong's growth and attraction as one of the world's greatest cities.
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of neon sky-signs in the Colony, Council has issued only 25 permits in the past 12 years. It is anticipated that the new Bill with the subsidiary legislation governing advertisement will put Council's control of advertisements on a more realistic footing and in keeping with Hong Kong's growth and attraction as one of the world's greatest cities.
I am particularly impressed, Mr. Chairman, with Clause 85 of the proposed Ordinance which provides for a more human and decent way to persuade hawkers to appear before the Courts. Rather than simply arresting the hawker and putting him in gaol pending his appearance before the Court, the police officer or public officer is now given the alternative of serving the hawker on the spot with a simple notice to appear in Court once the hawker has produced satisfactory evidence of identity. Hawkers are Hong Kong citizens, just like you and I, Mr. Chairman, and their summary arrest on suspicion of their having committed a minor offence is in a larger sense a desecration of their rights as citizens.
The Objects and Reasons of the Bill state that it "is designed not only to cater for the needs of a fully developed urban community but also for application to communities in the transitional stage between a rural and an urban state.". It is a recognized fact as has been pointed out by Mr. Bernacchi, that more townships such as Tsuen Wan will be springing up in the coming years and it is only fitting that we should be forward-looking and plan for these townships eventually to have their own Urban Councils.
The introduction of the draft Bill gives us the opportunity to objectively appraise our own Urban Council. Here we are a group of one woman and 22 men (of whom 7 are official members and Government servants) who are collectively responsible for the public health and urban services for about 2½ million people. After having sat on this Council as an elected member for nearly 18 months, I am convinced that the work of the Council is of such day to day magnitude and importance that Hong Kong could quite profitably use the services of a few more elected members, especially since it is the aim of the United Kingdom Government to encourage more active participation in local government in all its colonies.
Before supporting the Motion may I express an apology to Dr. Bell. I should have said "one lady".
Page 73 of 139
Page 73 of 139
126
HONG KONG URBAN COUNCIL
1 cite, for example, the astute manner in which Part VII of the Bill has been written. Under the existing Public Health (Sanitation) Ordinance, 1935, most of us in Hong Kong are com- mitting an offence by living in overcrowded tenement buildings, which have been partitioned off into dark and unhealthy cubicles. If we examine the new Bill, we will note that it dispenses with the substantive provisions relating to overcrowding, but at the same time it includes comprehensive regulation making powers which would allow Council to take steps to abate overcrowding in cases where such is practicable.
I think this is a very wise adaptation of the law to existing circumstances. Slums and overcrowding will be with us for many years yet, but it is the responsibility of this Council to improve the living conditions of our citizens wherever possible.
The draft Bill absorbs the substance of seven Ordinances and provides for consequential amendments to another three Ordinances. This consolidation will make it easier for the public to understand the law and also, I hope, for the legal profession to defend them in case they are prosecuted for alleged breach of the proposed Ordinance. For the convenience of the public, I hope that the Chairman will give serious thought to having the Ordinance translated into Chinese after it has been passed.
Insofar as it applies locally, the latest corresponding United Kingdom legislation has been put in the Bill. In other matters, local legislation has been used. This makes the provisions of the Bill practical, realistic and yet basically conforming to the high standards established by United Kingdom legislation. When the Bill is passed, I dare say that Hong Kong's public health and urban services laws both in spirit and practice will be second to none in Asia.
Existing legislation is grossly out-of-date and we will find much in the proposed Bill that is new to local law, but which has been put in to cover current administrative practice which has developed with the needs arising from population and other forms of growth in the Colony.
As an illustration, let me point out the helpless situation that Council faces in enforcing the present Advertisements Regulation Ordinance and By-laws. We are supposed to issue permits for all neon sky-signs in the urban areas, but out of the hundreds
HONG KONG URBAN COUNCIL
127
of neon sky-signs in the Colony, Council has issued only 25 permits in the past 12 years. It is anticipated that the new Bill with the subsidiary legislation governing advertisement will put Council's control of advertisements on a more realistic footing and in keeping with Hong Kong's growth and attraction as one of the world's greatest cities.
I am particularly impressed, Mr. Chairman, with Clause 85 of the proposed Ordinance which provides for a more human and decent way to persuade hawkers to appear before the Courts. Rather than simply arresting the hawker and putting him in gaol pending his appearance before the Court, the police officer or public officer is now given the alternative of serving the hawker on the spot with a simple notice to appear in Court once the hawker has produced satisfactory evidence of identity. Hawkers are Hong Kong citizens, just like you and I, Mr. Chairman, and their summary arrest on suspicion of their having committed a minor offence is in a larger sense a desecration of their rights as citizens.
+
The Objects and Reasons of the Bill state that it "is designed not only to cater for the needs of a fully developed urban com- munity but also for application to communities in the transitional stage between a rural and an urban state
.". It is a recognized fact as has been pointed out by Mr. Bernacchi, that more townships such as Tsuen Wan will be springing up in the coming years and it is only fitting that we should be forward- looking and plan for these townships eventually to have their own Urban Councils.
The introduction of the draft Bill gives us the opportunity to objectively appraise our own Urban Council. Here we are a group of one woman and 22 men (of whom 7 are official members and Government servants) who are collectively responsible for the public health and urban services for about 2} million people. After having sat on this Council as an elected member for nearly 18 months, I am convinced that the work of the Council is of such day to day magnitude and importance that Hong Kong could quite profitably use the services of a few more elected members, especially since it is the aim of the United Kingdom Government to encourage more active participation in local government in all its colonies.
Before supporting the Motion may I express an apology to Dr. Bell. I should have said "one lady".
No comments yet.
Private notes are available after approval.