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HONG KONG URBAN COUNCIL
(2) MR. H. CHEONG-LEEN, Chairman of the Standing Orders and Procedure Select Committee, moved the following motion:-
That the Standing Orders of this Council adopted at the meeting of the Council held on 28th June, 1955 be amended as follows:-
Standing Order No.
10(1)
Amendment
Except with the sanction of the Standing Committee of the Whole Council every motion must be confined to some matter included within Section 54 of the Urban Council Ordinance 1955, or dealing with the procedure of the Council.
He said:-I rise to move the motion concerning the amendment of Standing Order No. 24.
CHAIRMAN:-In accordance with Standing Order 24, this motion, once seconded, will stand adjourned without discussion until the next ordinary meeting of the Council.
MR. SALES: I wish to second the motion.
CHAIRMAN:-The motion stands adjourned until the next ordinary meeting of the Council.
(3) MR. B. A. BERNACCHI, Chairman of the Hawkers Select Committee, moved the following motion:-
That the Hawker (Amendment) By-laws 1966 be made under Section 83 of the Public Health and Urban Services Ordinance 1960.
He said: Mr. Chairman, At last I rise to move the motion standing in my name on the Order Paper, and as the time is well advanced my speech will be reasonably short. It provides for a small cafe area, but with a maximum limit of two tables and eight collapsible chairs, to be permitted beside a cooked food stall wherever the Council in consultation with the Police authorities may consider feasible. In effect it legalizes what was known as the "Gentlemen's Agreement" whereby food stall operators were allowed this concession provided that they used not more than two extra tables and eight chairs without causing obstruction, and it is hoped, by turning this "concession" into law, to eradicate many of the difficulties which previously arose over interpretation of this "Gentlemen's Agreement". In view of the accusations that have been levelled
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by certain members of this Council including myself about certain Police Officers having broken this "Gentlemen's Agreement" so that some hawkers do not know where they are, I must say that the two Officers of Police in command of Hong Kong Island and Kowloon respectively have been most co-operative with the Council in this matter and have personally attended meetings of the Hawkers Select Committee on it. If this By-law had been passed 2 or 3 years ago, there would not have been the previous misunderstanding over the "Gentlemen's Agreement", and it has taught me a lesson to have things in black and white if only because members of this Council and of the Police Force change with changing years so any interpretation of the agreement also changes. This particular agreement was in fact in breach of present law. The proposed amendment has been approved both by the Hawkers Select Committee and by the Commissioner of Police, and I now so move.
MR. CHEONG-LEEN:-Mr. Chairman, the motion now before this Council envisages a change in the Hawker By-laws, 1960 which will benefit a large majority of cooked food stall operators by permitting, as Mr. BERNACCHI, the Chairman of the Hawkers Select Committee has pointed out, it is hoped thereby to remove the cause of much previous misunderstanding between the hawkers and the law enforcement officers over the permissible limits of expansion for cooked food stalls. In this respect the change will be beneficial to both parties. The cooked food stall operators, however, will be required by law to confine their limits to two tables and eight chairs. I trust that this point will not be overlooked by the cooked food stall operators.
I have pleasure in seconding the motion.
CHAIRMAN:-The motion before Council is that the Hawker (Amendment) By-laws 1966 be made under section 83 of the Public Health and Urban Services Ordinance 1960. The motion has been moved by Mr. BERNACCHI and seconded by Mr. CHEONG-LEEN.
The question was put.
The motion was carried.
ADJOURNMENT — 7.29 P.M.
CHAIRMAN:-That concludes the business of this meeting. Council stands adjourned until Tuesday, 1st February, 1966, at 4.00 p.m.
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Page 310 of 382
HONG KONG URBAN COUNCIL
(2) MR. H. CHEONG-LEEN, Chairman of the Stading Orders and Pro- cedure Select Committee, moved the following motion:-
That the Standing Orders of this Council adopted at the meeting of the Council held on 28th June, 1955 be amended as follows:-
Standing Order No.
10(1)
Amendment
Except with the sanction of the Stand- ing Committee of the Whole Council every motion must be confined to some matter included within Section 54 of the Urban Council Ordinance 1955, or dealing with the procedure of the Council.
He said:-I rise to move the motion concerning the amendment of Standing Order No. 24.
CHAIRMAN:-In accordance with Standing Order 24, this motion, once seconded, will stand adjourned without discussion until the next ordinary meeting of the Council.
MR. SALES: I wish to second the motion.
CHAIRMAN:-The motion stands adjourned until the next ordinary meeting of the Council.
(3) MR. B. A. BERNACCHI, Chairman of the Hawkers Select Committee, moved the following motion:-
That the Hawker (Amendment) By-laws 1966 be made under Section 83 of the Public Health and Urban Services Ordinance 1960.
He said: Mr. Chairman, At last I rise to move the motion standing in my name on the Order Paper. and as the time is well advanced my speech will be reasonably short. It provides for a small cafe area, but with a maximum limit of two tables and eight collapsible chairs, to be permitted beside a cooked food stall wherever the Council in consulta- tion with the Police authorities may consider feasible. In effect it legalizes what was known as the "Gentlemen's Agreement" whereby food stall operators were allowed this concession provided that they used not more than two extra tables and eight chairs without causing obstruction, and it is hoped, by turning this "concession" into law, to eradicate many of the difficulties which previously arose over interpretation of this "Gentle- men's Agreement". In view of the accusations that have been levelled
!
HONG KONG URBAN COUNCIL
599
by certain members of this Council including myself about certain Police Officers having broken this "Gentlemen's Agreement" so that some hawkers do not know where they are, I must say that the two Officers of Police in command of Hong Kong Island and Kowloon respectively have been most co-operative with the Council in this matter and have personally attended meetings of the Hawkers Select Committee on it. If this By-law had been passed 2 or 3 years ago, there would not have been the previous misunderstanding over the "Gentlemen's Agreement", and it has taught me a lesson to have things in black and white if only because members of this Council and of the Police Force change with changing years so any interpretation of the agreement also changes. This particular agreement was in fact in breach of present law. The proposed amendment has been approved both by the Hawkers Select Committee and by the Commissioner of Police, and I now so move.
MR. CHEONG-LEEN:-Mr. Chairman, the motion now before this Council envisages a change in the Hawker By-laws, 1960 which will benefit a large majority of cooked food stall operators by permitting As Mr. BERNACCHI, them a small legal cafe area beside their stalls.
the Chairman of the Hawkers Select Committee has pointed out, it is hoped thereby to remove the cause of much previous misunderstanding between the hawkers and the law enforcement officers over the permis- sible limits of expansion for cooked food stalls. In this respect the change will be beneficial to both parties. The cooked food stall opera- tors, however, will be required by law to confine their limits to two tables and eight chairs. I trust that this point will not be overlooked by the cooked food stall operators.
I have pleasure in seconding the motion.
CHAIRMAN:---The motion before Council is that the Hawker (Amend- ment) By-laws 1966 be made under section 83 of the Public Health and Urban Services Ordinance 1960. The motion has been moved by Mr. BERNACCHI and seconded by Mr. CHEONG-LEEN.
The question was put.
The motion was carried.
ADJOURNMENT — 7.29 P.M.
CHAIRMAN:-That concludes the business of this meeting. Council stands adjourned until Tuesday, 1st February, 1966, at 4.00 p.m.
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