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HONG KONG URBAN COUNCIL
Health Officers
SCHEDULE.
Chief Health Inspectors
Senior Health Inspector (Prosecutions)
He said: I rise to move the motion standing in my name as Item 4(1) on the Agenda.
This motion is principally concerned with the authorization of the Senior Health Inspector (Prosecutions) under Section 132 of the Public Health and Urban Services Ordinance, 1960, for the purpose of instituting and conducting proceedings on behalf of this Council before a magistrate's court. This was the subject of a memorandum which is already in the hands of Members. I have nothing to add to the explanation given in it. This motion, if approved, will convey authority to institute proceedings before a magistrate's court.
I beg to move.
THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES seconded.
MR. BERNACCHI: -Mr. Chairman, I am not making a speech but I am asking a few questions which I should appreciate it if you would reply to in your closing address. This motion as I see it really deals with the Senior Health Inspector (Prosecutions) because we have already authorized Health Inspectors and Chief Health Inspectors. Do prosecutions taken under Section 132 name a particular officer as complainant or name the Urban Council as complainant? If they name a particular officer, in my opinion the particular officer that should be named as complainant should be the officer that has been dealing with the case and not the Senior Health Inspector (Prosecutions), just because he is prosecuting it. That brings me on to the necessity for authorizing the Senior Health Inspector (Prosecutions) to institute prosecutions. Section 132 really divides the authority into two. The first is the institution of prosecutions. The second is the conducting of them despite the provisions of the Legal Practitioners Ordinance. Now, of course, the Senior Health Inspector (Prosecutions) must be authorized to conduct prosecutions but under the two authorities must he also be authorized to institute prosecutions? Surely, the institution of prosecutions is done by the Health Inspectors and Chief Health Inspectors who are the men on the spot dealing with the complaint. And finally, could a report of these cases when they are concluded be supplied to the appropriate Select Committees so that the Urban Council, in whose name they are brought, has the facts of the case available to it should members of the public inquire from any Unofficial Member?
HONG KONG URBAN COUNCIL
CHAIRMAN: --In winding up, I would like to refer to the points which have been made. The post of Senior Health Inspector (Prosecutions) is a new post introduced in the Estimates this year, with the approval of the Estimates Select Committee, and for the specific purpose of having a senior officer who would organize, direct, control and make more efficient the prosecution activities of the Department. Prosecutions are normally conducted in magistrate's courts by Health Inspectors. The object of having a Senior Health Inspector to institute prosecutions was so that there would be a senior officer who would direct these activities more effectively. It is certainly not intended to name officers by their particular name, but by grades. This is no new thing. At the very first meeting of this Council which I attended on 6th December, 1960, I moved a resolution that Health Officers and Chief Health Inspectors should be enabled to institute proceedings before any court, and that Health Officers and Health Inspectors should be enabled to conduct proceedings before any court. The new resolution which is before Members for approval is considered in the present circumstances to be more appropriate. It continues the power of Health Officers, Health Inspectors, and Chief Health Inspectors either to institute or conduct proceedings, and the only new feature is the introduction of the new post of Senior Health Inspector (Prosecutions). I have already explained, in regard to the second point raised by Mr. BERNACCHI, that it is not considered appropriate in the present circumstances that Health Inspectors should institute proceedings, but of course Health Officers can do so. As regards the question of reports to be made to appropriate Select Committees, this is a purely administrative procedure which could quite easily be introduced and your request in that respect, Sir, will certainly be met.
The question was put.
The motion was carried.
(2) THE CHAIRMAN moved the following motion:-
Resolved that, in exercise of the powers conferred by Section 132 of the Public Health and Urban Services Ordinance, 1960, any public officer for the time being holding, or discharging the functions of, any of the offices specified in the schedule hereto be authorized generally to conduct before a magistrate's court on behalf of the Urban Council any proceedings for any offence under any of the provisions of the said Public Health and Urban Services Ordinance, 1960, being an offence, proceedings for which may be brought in the name of the Urban Council.
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Page 75 of 382
128
HONG KONG URBAN COUNCIL
Health Officers
SCHEDULE.
Chief Health Inspectors
Senior Health Inspector (Prosecutions)
He said: I rise to move the motion standing in my name as Item 4(1) on the Agenda.
This motion is principally concerned with the authorization of the Senior Health Inspector (Prosecutions) under Section 132 of the Public Health and Urban Services Ordinance, 1960, for the purpose of institut- ing and conducting proceedings on behalf of this Council before a magistrate's court. This was the subject of a memorandum which is already in the hands of Members. I have nothing to add to the ex- planation given in it. This motion, if approved, will convey authority to institute proceedings before a magistrate's court.
I beg to move.
THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES seconded.
MR. BERNACCHI: -Mr. Chairman, I am not making a speech but I am asking a few questions which I should appreciate it if you would reply to in your closing address. This motion as I see it really deals with the Senior Health Inspector (Prosecutions) because we have already authorized Health Inspectors and Chief Health Inspectors. Do prose- cutions taken under Section 132 name a particular officer as complain- ant or name the Urban Council as complainant? If they name a particular officer, in my opinion the particular officer that should be named as complainant should be the officer that has been dealing with the case and not the Senior Health Inspector (Prosecutions), just because he is prosecuting it. That brings me on to the necessity for authorizing the Senior Health Inspector (Prosecutions) to institute prosecutions. Section 132 really divides the authority into two. The first is the institution of prosecutions. The second is the conducting of them despite the provisions of the Legal Practitioners Ordinance. Now, of course, the Senior Health Inspector (Prosecutions) must be authorized to conduct prosecutions but under the two authorities must he also be authorized to institute prosecutions? Surely, the institution of prosecutions is done by the Health Inspectors and Chief Health Inspectors who are the men on the spot dealing with the complaint. And finally, could a report of these cases when they are concluded be supplied to the appropriate Select Committees so that the Urban Council, in whose name they are brought, has the facts of the case available to it should members of the public inquire from any Unofficial Member?
HONG KONG URBAN COUNCIL
129
CHAIRMAN: --In winding up, I would like to refer to the points which have been made. The post of Senior Health Inspector (Prosecu- tions) is a new post introduced in the Estimates this year, with the approval of the Estimates Select Committee, and for the specific pur- pose of having a senior officer who would organize, direct, control and make more efficient the prosecution activities of the Department. Prosecutions are normally conducted in magistrate's courts by Health Inspectors. The object of having a Senior Health Inspector to in- stitute prosecutions was so that there would be a senior officer who would direct these activities more effectively. It is certainly not in- tended to name officers by their particular name, but by grades. This is no new thing. At the very first meeting of this Council which I attended on 6th December, 1960, I moved a resolution that Health Officers and Chief Health Inspectors should be enabled to institute proceedings before any court, and that Health Officers and Health Inspectors should be enabled to conduct proceedings before any court. The new resolution which is before Members for approval is considered in the present circumstances to be more appropriate. It continues the power of Health Officers, Health Inspectors, and Chief Health Inspec- tors either to institute or conduct proceedings, and the only new feature is the introduction of the new post of Senior Health Inspector (Prosecu- tions). I have already explained, in regard to the second point raised by Mr. BERNACCHI, that it is not considered appropriate in the present circumstances that Health Inspectors should institute proceedings, but of course Health Officers can do so. As regards the question of reports to be made to appropriate Select Committees, this is a purely adminis- trative procedure which could quite easily be introduced and your re- quest in that respect, Sir, will certainly be met.
The question was put.
The motion was carried.
(2) THE CHAIRMAN moved the following motion:-
Resolved that, in exercise of the powers conferred by Section 132 of the Public Health and Urban Services Ordinance, 1960, any public officer for the time being holding, or discharging the functions of, any of the offices specified in the schedule hereto be authorized generally to conduct before a magistrate's court on behalf of the Urban Council any proceedings for any offence under any of the provisions of the said Public Health and Urban Services Ordinance, 1960, being an offence, proceedings for which may be brought in the name of the Urban Council.
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