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CHAIRMAN: -No, Sir, I have not personally seen the reasons for
MR. CHEUNG:-Mr. Chairman, are you aware of the provisions in the Crown Proceedings Ordinance? Section 4(2) reads as follows: —
"Where the Crown is bound by a statutory duty
the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be subject if it were a private person of full age and capacity."
CHAIRMAN:-I take note of your remarks, Sir.
MR. CHEUNG:-Is it not the statutory duty of the Urban Services Department to clear up the rubbish in the streets?
CHAIRMAN:-I have always assumed that it is the duty of the Urban Services Department to clear up rubbish.
MR. CHEUNG:--And failure to perform that duty in a satisfactory manner may result in claims against the Council or the Department?
CHAIRMAN: --Sir, it would indeed be temerarious of me to deviate from the reply which I was advised to give to you by the Law Officers, and I do not wish to do so. But I will take note of what you have said and I will look into the matter.
MR. CHEUNG:-Will you also consider the possibility of claims by huge commercial establishments for losing business on account of heaps of rubbish piled up immediately outside their main doors-and these claims may run into millions of dollars?
CHAIRMAN:-I will consider your point, Sir.
(25) DR. P. F. Woo asked the following question?
The inadequate service in the collection and disposal of refuse in the Colony has caused serious concern to members of this Council and also to the Legislative Council. In view of your remark in the recent Legislative Council meeting that there is a shortage of labour force in the Urban Services Department, would you indicate whether any plans have been made for (1) interim measures and (2) long-term measures to be taken to remedy the situation?
THE CHAIRMAN replied as follows:-
Sir, in reply to an earlier question (No. 4) by Mr. BERNACCHI, I have described the measures, both interim and long-term, which are being taken to remedy the situation in regard to the shortage of labourers.
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DR. Woo:-I have one supplementary question, Mr. Chairman. In your reply to Mr. BERNACCHI's question, (No. 4) you mentioned as a long-term measure that 29 refuse collection vehicles will arrive in December. Do you assume that by then you will have enough labourers to man these 29 vehicles?
CHAIRMAN:-I cannot make any such assumption, Sir, but I do not think that the position as regards drivers is as bad as that of the cleansing labourers. Indeed, as you rightly imply, we also need labourers for loading the vehicles and so on. I hope that the position as regards labourers will show some amelioration soon.
DR. Woo:-Sir, I do not know how attractive the new salary scales will be for the labourers, but supposing by December you do not get enough labourers, have you any plans ready to meet the situation?
CHAIRMAN: I have various suggestions, Sir, which I am prepared to make, though I would not like to make them here at this time. (Laughter). I can only hope that a decision-the proper decision-will be reached shortly by the Colonial Secretariat.
(26) MR. FUNG HON-CHU asked the following question:-
Is the Chairman aware that trucks carrying debris from construction sites to city dumps very often spill their contents on to the roadside en route, thereby adding to the untidiness and dustiness of the city?
Will the Chairman inform us whether it is possible to take corrective measures to abate what clearly is not only a nuisance but also a health hazard?
THE CHAIRMAN replied as follows:
Yes, Sir, I am aware that some debris from these lorries spills on to the roads and that this adds to the untidiness and dustiness of the City. This question has been raised on previous occasions by Mr. CHEONG-LEEN and at the beginning of this year he inquired whether arrangements could be made for lorries to be adequately covered by tarpaulins or other type of cover. In my reply to his question I stated that the Commissioner of Police had written to all firms on the Public Works Department's list of approved contractors asking them to cover their lorries carrying rubble, sand and gravel, with tarpaulins. Despite further approaches I am afraid that this request by the Commissioner of Police has not been successful.
Page 162 of 312
Page 162 of 312
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this.
HONG KONG URBAN COUNCIL
CHAIRMAN: -No, Sir, I have not personally seen the reasons for
MR. CHEUNG:-Mr. Chairman, are you aware of the provisions in the Crown Proceedings Ordinance? Section 4(2) reads as follows: —
"Where the Crown is bound by a statutory duty
the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be subject if it were a private person of full age and capacity."
CHAIRMAN:-I take note of your remarks, Sir.
MR. CHEUNG:-Is it not the statutory duty of the Urban Services Department to clear up the rubbish in the streets?
CHAIRMAN:-I have always assumed that it is the duty of the Urban Services Department to clear up rubbish.
MR. CHEUNG:--And failure to perform that duty in a satisfactory manner may result in claims against the Council or the Department?
CHAIRMAN: --Sir, it would indeed be temerarious of me to deviate from the reply which I was advised to give to you by the Law Officers, and I do not wish to do so. But I will take note of what you have said and I will look into the matter.
MR. CHEUNG:-Will you also consider the possibility of claims by huge commercial establishments for losing business on account of heaps of rubbish piled up immediately outside their main doors-and these claims may run into millions of dollars?
CHAIRMAN:-I will consider your point, Sir.
(25) DR. P. F. Woo asked the following question?
The inadequate service in the collection and disposal of refuse in the Colony has caused serious concern to members of this Council and also to the Legislative Council. In view of your remark in the recent Legislative Council meeting that there is a shortage of labour force in the Urban Services Department, would you indicate whether any plans have been made for (1) interim measures and (2) long-term measures to be taken to remedy the situation?
THE CHAIRMAN replied as follows:-
Sir, in reply to an earlier question (No. 4) by Mr. BERNACCHI, I have described the measures, both interim and long- term, which are being taken to remedy the situation in regard to the shortage of labourers.
HONG KONG URBAN COUNCIL
301
DR. Woo:-I have one supplementary question, Mr. Chairman. In your reply to Mr. BERNACCHI's question, (No. 4) you mentioned as a long-term measure that 29 refuse collection vehicles will arrive in December. Do you assume that by then you will have enough labourers to man these 29 vehicles?
CHAIRMAN:-I cannot make any such assumption, Sir, but I do not think that the position as regards drivers is as bad as that of the cleansing labourers. Indeed, as you rightly imply, we also need labourers for loading the vehicles and so on. I hope that the position as regards labourers will show some amelioration soon.
DR. Woo:-Sir, I do not know how attractive the new salary scales will be for the labourers, but supposing by December you do not get enough labourers, have you any plans ready to meet the situation?
CHAIRMAN: I have various suggestions, Sir, which I am prepared to make, though I would not like to make them here at this time. (Laughter). I can only hope that a decision-the proper decision- will be reached shortly by the Colonial Secretariat.
(26) MR. FUNG HON-CHU asked the following question:-
Is the Chairman aware that trucks carrying debris from construction sites to city dumps very often spill their contents on to the roadside en route, thereby adding to the untidiness and dustiness of the city?
Will the Chairman inform us whether it is possible to take corrective measures to abate what clearly is not only a nuisance but also a health hazard?
THE CHAIRMAN replied as follows:
Yes, Sir, I am aware that some debris from these lorries spills on to the roads and that this adds to the untidiness and dustiness of the City. This question has been raised on previous occasions by Mr. CHEONG-LEEN and at the beginning of this year he inquired whether arrangements could be made for lorries to be adequately covered by tarpaulins or other type of cover. In my reply to his question I stated that the Commissioner of Police had written to all firms on the Public Works Department's list of approved contractors asking them to cover their lorries carrying rubble, sand and gravel, with tarpaulins. Despite further approaches I am afraid that this request by the Commissioner of Police has not been successful.
No comments yet.
Private notes are available after approval.