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diffidence, that, in future prosecutions for breaches of closure orders when the magistrate has recorded a conviction, officers of the Urban Services Department in charge of those prosecutions should bring to the attention of the magistrate how gravely this Council views the commission of these offences and the serious and harmful effects upon the public health that might flow from the preparation of food on these premises, and invite the magistrate to take a more serious view of this type of offence and to show it by the imposition of such a fine as would discourage likely offenders from ignoring the closure order. The penalties provided for the commission of an offence are adequate to discourage offenders if suitable penalties within the prescribed limits are imposed.
There is another subject—and it is a serious matter, Mr. Chairman—which, in my opinion, should engage the attention of this Council without further delay. I refer to the offensive trades. The smells emanating from the carrying on of these trades not only pollute the atmosphere for considerable distances around the area in which the trades are carried on, but they constitute a serious menace to the health of the community in the immediate neighbourhood. I think this is a fact accepted by the medical profession everywhere and I urge upon the Council to consider the immediate removal of all such trades from urban areas to districts far beyond the city limits and consequently rid dwellers in urban areas of this very objectionable nuisance.
Finally, I feel constrained to urge this Council to take action in a field which, so far as I have been able to find in my searches, does not appear to be governed by legislation. Any member of the Council who has been to a football match at the Government Stadium, Caroline Hill, on any occasion when a visiting team has been playing cannot but have noticed the large numbers of ball fans who risk their lives on the surrounding slopes of the hills overlooking the stadium to get a free but perilous view of the game.
In places the slopes are precipitous, everywhere they are dangerously steep and it does not require much imagination to see that one day, sooner or later, when excitement is running high, there will be a tragic accident accompanied perhaps by loss of life when some members of the public lose their footholds or are pushed and come tumbling down the slopes on what may be their last fall. Moreover, there is the further danger of fire. Indeed, on one occasion this year the hillside was set on fire. I have said I have not been able to find legislation whereby this Council is empowered to exercise control over this portion of the urban area, but I draw this matter to the attention of the Council in the hope that this Council may take steps to obtain legislation so as to be able to take control of this very dangerous hillside and so prevent the public from gaining access thereto to view any form of entertainment and thus protect the public
HONG KONG URBAN COUNCIL
27
from the dangers that await them. It will be an easy task, Mr. Chairman, and not expensive, to wire the approaches to this hillside and so keep the public out of this area.
With these remarks, Mr. Chairman, I have pleasure to support your motion. (Applause).
DR. P. F. Woo:-Mr. Chairman, when the Hawkers Report was presented in 1957 the function of the Hawker Control Force as stated therein is to maintain order in and round the markets and in cooked food stall and fixed pitch areas, ensuring that hawkers operating in bazaars are licensed. It is in some ways similar to the District Watch Force, if I may borrow the term used in the Report. It was never intended that the Force should replace the Police whose duty it is to detect crime. It is obvious that in order to make the scheme successful, an essentially cordial relationship should be developed between the hawkers and the personnel in the Hawker Control Force itself. Members in the Force should be ready to give advice and assistance to the hawkers, and prosecution should only be taken as the last resort to deal with habitual offenders. Ever since the Force was put in operation in June 1960, however, no attempt has been made to develop such cordial relationship; instead, the only weapon used to maintain order has been by constant prosecution which, I admit, if used in a correct manner, could be effective in many ways, but if applied indiscriminately and unnecessarily, would pave a way for corruption, and from information I have received, I am sorry to say Sir, that corruption does exist.
Recently, the eyes of the Hawker Control Force have turned on the market stalls, whose control hitherto is the function of the staff of the Urban Services Department, and the same weapon of prosecution is again constantly used. Summons for obstruction, seizure of articles and paraphernalia are daily affairs. This has no doubt upset the daily life of the market stall holders, for this kind of prosecution has never before occurred in the history of markets. Members of the Markets Select Committee have received complaints from stall holders, and reports of these also appeared in the press. I don't need to repeat that such action might lead to corruption; I must ask Sir, by whom such actions are authorized, because the Markets Select Committee was never consulted nor even informed beforehand, and no reference was made in the Hawkers Report to justify such action.
It was envisaged in the first Report that a complement of 275 would be sufficient in the Hawker Control Force, but in the supplementary Report, 702 was suggested. If it were the function of the Control Force to maintain order, as it was intended to be, I would say that the increase is essential because of the increasing number of hawkers; but if it were to take the place of Police, I would say it is
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diffidence, that, in future prosecutions for breaches of closure orders when the magistrate has recorded a conviction, officers of the Urban Services Department in charge of those prosecutions should bring to the attention of the magistrate how gravely this Council views the commission of these offences and the serious and harmful effects upon the public health that might flow from the preparation of food on these premises, and invite the magistrate to take a more serious view of this type of offence and to show it by the imposition of such a fine as would discourage likely offenders from ignoring the closure order. The penalties provided for the commission of an offence are adequate to discourage offenders if suitable penalties within the prescribed limits are imposed.
There is another subject-and it is a serious matter, Mr. Chairman -which, in my opinion, should engage the attention of this Council without further delay. I refer to the offensive trades. The smells emanating from the carrying on of these trades not only pollute the atmosphere for considerable distances around the area in which the trades are carried on, but they constitute a serious menace to the health of the community in the immediate neighbourhood. I think this is a fact accepted by the medical profession everywhere and I urge upon the Council to consider the immediate removal of all such trades from urban areas to districts far beyond the city limits and consequently rid dwellers in urban areas of this very objectionable nuisance.
Finally, I feel constrained to urge this Council to take action in a field which, so far as I have been able to find in my searches, does not appear to be governed by legislation. Any member of the Council who has been to a football match at the Government Stadium, Caroline Hill, on any occasion when a visiting team has been playing cannot but have noticed the large numbers of ball fans who risk their lives on the surrounding slopes of the hills overlooking the stadium to get a free but perilous view of the game.
In places the slopes are precipitous, everywhere they are danger- ously steep and it does not require much imagination to see that one day, sooner or later, when excitement is running high, there will be a tragic accident accompanied perhaps by loss of life when some members of the public lose their footholds or are pushed and come tumbling down the slopes on what may be their last fall. Moreover, there is the further danger of fire. Indeed, on one occasion this year the hillside was set on fire. I have said I have not been able to find legislation whereby this Council is empowered to exercise control over this portion of the urban area, but I draw this matter to the attention of the Council in the hope that this Council may take steps to obtain legislation so as to be able to take control of this very dangerous hillside and so prevent the public from gaining access thereto to view any form of entertainment and thus protect the public
HONG KONG URBAN COUNCIL
27
from the dangers that await them. It will be an easy task, Mr. Chairman, and not expensive, to wire the approaches to this hillside and so keep the public out of this area.
With these remarks, Mr. Chairman, I have pleasure to support your motion. (Applause).
DR. P. F. Woo:-Mr. Chairman, when the Hawkers Report was presented in 1957 the function of the Hawker Control Force as stated therein is to maintain order in and round the markets and in cooked food stall and fixed pitch areas, ensuring that hawkers operating in bazaars are licensed. It is in some ways similar to the District Watch Force, if I may borrow the term used in the Report. It was never intended that the Force should replace the Police whose duty it is to detect crime. It is obvious that in order to make the scheme success- ful, an essentially cordial relationship should be developed between the hawkers and the personnel in the Hawker Control Force itself. Members in the Force should be ready to give advice and assistance to the hawkers, and prosecution should only be taken as the last resort to deal with habitual offenders. Ever since the Force was put in operation in June 1960, however, no attempt has been made to develop such cordial relationship; instead, the only weapon used to maintain order has been by constant prosecution which, I admit, if used in a correct manner, could be effective in many ways, but if applied indiscriminately and unnecessarily, would pave a way for corruption, and from information I have received, I am sorry to say Sir, that corruption does exist.
Recently, the eyes of the Hawker Control Force have turned on the market stalls, whose control hitherto is the function of the staff of the Urban Services Department, and the same weapon of prosecution is again constantly used. Summons for obstruction, seizure of articles and paraphernalia are daily affairs. This has no doubt upset the daily life of the market stall holders, for this kind of prosecution has never before occurred in the history of markets. Members of the Markets Select Committee have received complaints from stall holders, and reports of these also appeared in the press. I don't need to repeat that such action might lead to corruption; I must ask Sir, by whom such actions are authorized, because the Markets Select Committee was never consulted nor even informed beforehand, and no reference was made in the Hawkers Report to justify such action.
It was envisaged in the first Report that a complement of 275 would be sufficient in the Hawker Control Force, but in the supple- mentary Report, 702 was suggested. If it were the function of the Control Force to maintain order, as it was intended to be, I would say that the increase is essential because of the increasing number of hawkers; but if it were to take the place of Police, I would say it is
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