Page 14 of 382
HONG KONG URBAN COUNCIL
6
MR. CHEONG-LEEN:-Mr. Chairman, in clarification, could I ask Mr. SALES whether he has read the recent minutes which have been circulated?
MR. BERNACCHI:-Mr. Chairman, Ladies and Gentlemen, thank you. (Laughter).
MR. DANIEL LAM:-Mr. Chairman, distinguished Members, I shall be very brief indeed in view of the long agenda in front of us. I have got permission from my colleagues, the newly Appointed members, Mr. LOBO and Mr. FORSGATE to speak for them as well. On behalf of the three newly Appointed members, I would like to thank you, Sir, for your sentiments in welcoming us to this Council. Being new members, naturally we would have a lot to learn. However, we would like to assure you that we shall discharge our duties accordingly in serving the community of Hong Kong. I thank you.
MR. HENRY HU: Mr. Chairman, Ladies and Gentlemen, I thank you very much.
COMMISSIONER FOR RESETTLEMENT:-Mr. Chairman, Ladies and Gentlemen, may I thank you very much for your welcome to me as a member of this Council.
MINUTES.
The Minutes of the meeting of the Council held on 9th March, 1965 were confirmed.
STATEMENT BY CHAIRMAN.
At the start of the previous meeting of this Council Mr. BERNACCHI, as Chairman of the Hawkers Select Committee, rose on a point of order and made a statement concerning summonses taken out by the Police against hawkers for obstruction and referred to a "gentlemen's agreement" between the Hawkers Select Committee and the Police Force regarding the use of tables and chairs by cooked food stallholders. I said that I would enquire further into the matter. I did so and the Commissioner of Police has asked me to make the following statement on his behalf.
In November 1963, following difficulties experienced in preventing obstruction by cooked food stalls in Kowloon, the Assistant Commissioner of Police/Kowloon came to an agreement with the Hawkers Select Committee concerning the First Schedule of the Hawker By-laws 1960, which limits the seating at a cooked food stall to two benches, one 4 feet and the other 7 feet long. The Police understanding of this agreement was that they would not take action against cooked food stalls which had two tables and eight chairs, in contravention of the By-laws, provided that no obstruction was caused, obstruction being an offence under the Summary Offences Ordinance. They understood also that the agreement was to be temporary, and was reached so that the Urban Council could consider its policy on this matter and a possible amendment to its by-laws. The Police deny agreeing to condone any obstruction. The proviso to this effect is referred to in official correspondence and in contemporary newspaper reports.
HONG KONG URBAN COUNCIL
7
In the cases to which Mr. BERNACCHI referred, obstruction was caused, the Police took action, and the defendants have been convicted accordingly. During the hearing of these cases last week, the Magistrate drew attention to the fact that the Police have no authority to permit any variation in the law as written.
During the past month Mr. BERNACCHI has met the Assistant Commissioners of Police of Hong Kong Island and Kowloon, and has discussed with them various matters affecting hawkers and the Police. It is hoped and believed that any misunderstandings about Police action and the reasons for it have been removed. The Commissioner of Police confirms that, subject to the requirements of the law, the Police wish all their actions concerning hawkers to be taken in consultation with the Urban Council, which is the Authority for the regulation and control of hawkers.
MR. BERNACCHI:-Mr. Chairman, just one word of correction. I did not meet the Assistant Commissioners, Hong Kong and Kowloon, personally, I met them as Chairman of, and in, the Hawkers Select Committee.
PAPERS.
THE CHAIRMAN laid upon the table the following papers:
(1) Report on the work of the Urban Council and Urban Services Department for the month of March 1965.
(2) Statement of Progress for 1964-65.
MR. BERNACCHI :-Mr. Chairman, I will not enlarge on the monthly report that you have laid on the table to-day but instead will lay on the table the Reform Club platform. As the Reform Club has regained the position of being the majority Elected party, I urge this Council to do all in its power to see that the aims in the platform are achieved.
DR. Woo: Mr. Chairman, it is not customary for the Civic Association to lay down a platform, as we have seen, by our former Coalition partner, although we have been a majority party for the last two years. Mr. Solomon RAFEEK has expressed his wish to join the Civic team and I have accepted it. I think that the Civic power is strengthened in this Council, and therefore equal. (Laughter).
Page 14 of 382
382
Page 14 of 382
6
HONG KONG URBAN COUNCIL
MR. CHEONG-LEEN:-Mr. Chairman, in clarification, could I ask Mr. SALES whether he has read the recent minutes which have been circulated?
MR. BERNACCHI:-Mr. Chairman, Ladies and Gentlemen, thank you. (Laughter).
MR. DANIEL LAM:-Mr. Chairman, distinguished Members, I shall To be very brief indeed in view of the long agenda in front of us. substantiate my points I have got permission from my colleagues the newly Appointed members, Mr. LOBO and Mr. FORSGATE to speak for them as well. On behalf of the three newly Appointed members, I would like to thank you, Sir, for your sentiments in welcoming us to this Council. Being new members, naturally we would have a lot to learn. However, we would like to assure you that we shall discharge our duties accordingly in serving the community of Hong Kong. I thank you.
MR. HENRY HU: Mr. Chairman, Ladies and Gentlemen, I thank you very much.
COMMISSIONER FOR RESETTLEMENT:-Mr. Chairman, Ladies and Gentlemen, may I thank you very much for your welcome to me as a member of this Council.
MINUTES.
The Minutes of the meeting of the Council held on 9th March, 1965 were confirmed.
STATEMENT BY CHAIRMAN.
At the start of the previous meeting of this Council Mr. BERNACCHI, as Chairman of the Hawkers Select Committee, rose on a point of order and made a statement concerning summonses taken out by the Police against hawkers for obstruction and referred to a "gentlemen's agree- ment" between the Hawkers Select Committee and the Police Force regarding the use of tables and chairs by cooked food stallholders. I said that I would enquire further into the matter. I did so and the Commissioner of Police has asked me to make the following statement on his behalf.
In November 1963, following difficulties experienced in preventing obstruction by cooked food stalls in Kowloon, the Assistant Commis- sioner of Police/Kowloon came to an agreement with the Hawkers Select Committee concerning the First Schedule of the Hawker By-laws 1960, which limits the seating at a cooked food stall to two benches, one 4 feet and the other 7 feet long. The Police understanding of this agreement was that they would not take action against cooked food stalls which
HONG KONG URBAN COUNCIL
7
had two tables and eight chairs, in contravention of the By-laws, pro- vided that no obstruction was caused, obstruction being an offence under the Summary Offences Ordinance. They understood also that the agree- ment was to be temporary, and was reached so that the Urban Council could consider its policy on this matter and a possible amendment to its by-laws. The Police deny agreeing to condone any obstruction. The proviso to this effect is referred to in official correspondence and in contemporary newspaper reports.
In the cases to which Mr. BERNACCHI referred, obstruction was caused, the Police took action, and the defendants have been convicted accordingly. During the hearing of these cases last week, the Magistrate drew attention to the fact that the Police have no authority to permit any variation in the law as written.
During the past month Mr. BERNACCHI has met the Assistant Com- missioners of Police of Hong Kong Island and Kowloon, and has discussed with them various matters affecting hawkers and the Police. It is hoped and believed that any misunderstandings about Police action and the reasons for it have been removed. The Commissioner of Police confirms that, subject to the requirements of the law, the Police wish all their actions concerning hawkers to be taken in consultation with the Urban Council, which is the Authority for the regulation and control of hawkers.
MR. BERNACCHI:-Mr. Chairman, just one word of correction. I did not meet the Assistant Commissioners, Hong Kong and Kowloon, personally, I met them as Chairman of, and in, the Hawkers Select Committee.
PAPERS.
THE CHAIRMAN laid upon the table the following papers:
(1) Report on the work of the Urban Council and Urban
Services Department for the month of March 1965.
(2) Statement of Progress for 1964-65.
MR. BERNACCHI :-Mr. Chairman, I will not enlarge on the monthly report that you have laid on the table to-day but instead will lay on the table the Reform Club platform. As the Reform Club has regained the position of being the majority Elected party, I urge this Council to do all in its power to see that the aims in the platform are achieved.
DR. Woo: Mr. Chairman, it is not customary for the Civic Association to lay down a platform, as we have seen, by our former Coalition partner, although we have been a majority party for the last two years. Mr. Solomon RAFEEK has expressed his wish to join the Civic team and I have accepted it. I think that the Civic power is strengthened in this Council, and therefore equal. (Laughter).
No comments yet.
Private notes are available after approval.