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HONG KONG URBAN COUNCIL
The purpose of the Offensive Trades (Amendment) By-laws, 1962, is to amend the main By-laws so as to make the position clearer in regard to the processing and storing of fish and sharks' fins, and also to postpone the date on which By-law 4(1) of the main By-laws is to apply to certain offensive trades being carried on at the commencement of those By-laws.
At present the salting, drying or storing of fish for the wholesale trade, and the storing, dressing and preparing of sharks' fins are defined as offensive trades. However, although the smell is not very pleasant, the storage of processed fish or sharks' fins does not by itself appear to constitute a health risk. The offensiveness arises during the drying or the processing operations.
It is therefore proposed to amend the By-laws by removing from the category of offensive trades, the storing of fish and sharks' fins irrespective of whether they are for the wholesale or retail trade.
The other amendment proposed relates to By-law 4(1) of the Offensive Trades By-laws. Under this by-law, certain offensive trades, of which fish processing is one, are permitted to operate only in approved offensive trade zones.
Businesses in existence at the commencement of the By-laws and outside these zones, were given a period of two years from the commencement in which to comply with the by-law. The difficulty, however, is in finding areas to which the businesses affected, could move. An area has been ear-marked for this purpose, but as reclamation is involved, it will not be available for at least two years. In the circumstances, it is proposed to postpone the date by which the offensive trades in question have to move into approved zones.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The motion was carried.
THE CHAIRMAN moved the following motion:
THAT the Declaration of Offensive Trades in the Colony excluding the New Territories except Kowloon, a notification of which was published in the Gazette dated the 10th day of October, 1960, as Notification No. 1590 of 1960, be amended, as follows, under the powers conferred by section 48 of the Public Health and Urban Services Ordinance, 1960:-
(a) the deletion therefrom of the following-
"23. Storing, dressing and preparing of sharks' fins";
and
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HONG KONG URBAN COUNCIL
(b) the deletion therefrom of the following—
"34. Salting, drying, or storing of fish for the purpose of wholesale trade.",
and the substitution therefor of the following-
"34. Processing of fish, or parts of fish, including sharks' fins.".
I rise to move the Motion standing in my name as item 4(2) on the order paper.
The motion is for the purpose of amending the Declaration of Offensive Trades applicable to the urban areas, by deleting the storage of fish and sharks' fins from the Schedule of Offensive Trades and making only their processing an offensive trade. I explained the reasons for this amendment when I moved the previous motion.
I beg to move.
THE VICE-CHAIRMAN seconded.
MR. SALES: -Mr. Chairman, I have scored off the words "except Kowloon." Living in constant fear of Kowloon being discriminated against, I have risen to ask you please to clarify the position. By excepting Kowloon from the provisions of this law, am I and other residents of Kowloon to understand that you intend to improve the situation in Kowloon or to render it even worse?
CHAIRMAN: ----I was not aware that Kowloon is to be excepted.
MR. SALES: It is, Mr. Chairman-the two words "except Kowloon." So the problem is posed to the chair for a solution, or shall I put it this way?-that our grievance be redressed.
MR. WATSON: Mr. Chairman, could I ask if two exceptions mean an inclusion?
MR. SALES: That is the point which has to be clarified.
CHAIRMAN: -I think the meaning is clear enough, Sir.
MR. SALES: It is not clear to me and it does not appear to be clear to the Chairman either. (Laughter).
MR. BERNACCHI :-May I assist my friend, Mr. SALES? I think as a matter of drafting it simply means that it is the New Territories which are excluded, but it so happens that part of Kowloon is in the New Territories and the part that is in the New Territories, but is Kowloon, is excepted from the exclusion of the New Territories.
MR. SALES: Mr. Chairman, may I say to you that Mr. BERNACCHI has rendered confusion worse confounded (Laughter) although I am obliged to him for his effort.
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Page 55 of 150
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HONG KONG URBAN COUNCIL
The purpose of the Offensive Trades (Amendment) By-laws, 1962, is to amend the main By-laws so as to make the position clearer in regard to the processing and storing of fish and sharks' fins, and also to postpone the date on which By-law 4(1) of the main By-laws is to apply to certain offensive trades being carried on at the commencement of those By-laws.
At present the salting, drying or storing of fish for the wholesale trade, and the storing, dressing and preparing of sharks' fins are defined as offensive trades. However, although the smell is not very pleasant, the storage of processed fish or sharks' fins does not by itself appear to constitute a health risk. The offensiveness arises during the drying or the processing operations.
It is therefore proposed to amend the By-laws by removing from the category of offensive trades, the storing of fish and sharks' fins irrespective of whether they are for the wholesale or retail trade.
The other amendment proposed relates to By-law 4(1) of the Offen- sive Trades By-laws. Under this by-law, certain offensive trades, of which fish processing is one, are permitted to operate only in approved offensive trade zones.
Businesses in existence at the commencement of the By-laws and outside these zones, were given a period of two years from the commencement in which to comply with the by-law. The difficulty, however, is in finding areas to which the businesses affected, could move. An area has been ear-marked for this purpose, but as reclamation is involved, it will not be available for at least two years. In the circumstances, it is proposed to postpone the date by which the offensive trades in question have to move into approved zones.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The motion was carried.
THE CHAIRMAN moved the following motion:
THAT the Declaration of Offensive Trades in the Colony excluding the New Territories except Kowloon, a notifica- tion of which was published in the Gazette dated the 10th day of October, 1960, as Notification No. 1590 of 1960, be amended, as follows, under the powers conferred by section 48 of the Public Health and Urban Services Ordin- ance, 1960:-
(a) the deletion therefrom of the following-
"23. Storing, dressing and preparing of sharks' fins";
and
He said:
HONG KONG URBAN COUNCIL
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(b) the deletion therefrom of the following—
"34. Salting, drying, or storing of fish for the purpose
of wholesale trade.",
and the substitution therefor of the following-
"34. Processing of fish, or parts of fish, including
sharks' fins.".
I rise to move the Motion standing in my name as item
4(2) on the order paper.
The motion is for the purpose of amending the Declaration of Offensive Trades applicable to the urban areas, by deleting the storage of fish and sharks' fins from the Schedule of Offensive Trades and making only their processing an offensive trade. I explained the reasons for this amendment when I moved the previous motion.
I beg to move.
THE VICE-CHAIRMAN seconded.
MR. SALES: -Mr. Chairman, I have scored off the words "except Kowloon." Living in constant fear of Kowloon being discriminated against, I have risen to ask you please to clarify the position. By excepting Kowloon from the provisions of this law, am I and other residents of Kowloon to understand that you intend to improve the situation in Kowloon or to render it even worse?
CHAIRMAN: ----I was not aware that Kowloon is to be excepted.
MR. SALES: It is, Mr. Chairman-the two words "except Kowloon." So the problem is posed to the chair for a solution, or shall I put it this way?-that our grievance be redressed.
MR. WATSON: Mr. Chairman, could I ask if two exceptions mean an inclusion?
MR. SALES: That is the point which has to be clarified. CHAIRMAN:-I think the meaning is clear enough, Sir.
MR. SALES: It is not clear to me and it does not appear to be clear to the Chairman either. (Laughter).
MR. BERNACCHI :-May I assist my friend, Mr. SALES? I think as a matter of drafting it simply means that it is the New Territories which are excluded, but it so happens that part of Kowloon is in the New Territories and the part that is in the New Territories, but is Kowloon, is excepted from the exclusion of the New Territories.
MR. SALES: Mr. Chairman, may I say to you that Mr. BERNACCHI has rendered confusion worse confounded (Laughter) although I am obliged to him for his effort.
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