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Road with Island Road and, by virtue of their position, causing considerable congestion at this junction due to the large number of patrons parking buses, lorries and cars there whilst attending these foodstalls during meal hours?
(b) Has any legal action been taken against these illegal restaurants recently? If so, cannot the Hygiene Division enforce their closure, as it does with offending licensed restaurants?
THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES replied as follows:
I am aware of the existence of these establishments and particularly of two illegal restaurants which have been prosecuted on numerous occasions; in fact, since July 1965 a total of 20 successful prosecutions have been carried out, and 2 more are pending. The details of these cases are as follows.
On 14th July, 1965, the proprietor of one of these places was fined $150 for operating an unlicensed restaurant and on that same date a prohibition order was made against the continued operation of his restaurant. Two of the proprietor's employees were also each fined $50 for handling food without valid certificates of immunization against typhoid and cholera.
One week later, on 21st July, 1965, three of his employees were again fined $50 each for non-possession of these certificates. On 15th December, 1965, the proprietor was again charged with failing to obey the court order in respect of his unlicensed restaurant and was fined $100. On 2nd February of this year he was fined $200 for a similar offence, and a further summons awaits hearing tomorrow.
The operator of the other restaurant in this area has a similarly long record of convictions, both for operating an unlicensed restaurant and for failing to obey court prohibition orders. She, too, was fined $150 on 2nd February for operating an unlicensed restaurant, and a further summons against her awaits hearing.
In addition to these two illegal restaurants there are a varying number of food hawkers who sell soft drinks, cakes, and other food-stuffs in this area and successful prosecutions of these offenders have also been secured.
HONG KONG URBAN COUNCIL
5
I hope, Sir, I have shown that recent legal action has been taken in these cases, though it must be admitted that the fines and court orders resulting have not so far proved effective.
I can assure you that further action will continue to be taken, against the persons concerned and any others who operate illegal restaurants or cooked food business in this area.
MR. BERNACCHI :-Mr. Chairman, as a supplementary I would like to ask-I know that the law gives this Council power to cancel a licence when we are dealing with licensed restaurants--what action can be taken by this Council to close down premises where a restaurant is being operated illegally?
CHAIRMAN:-It is my understanding, Sir, that the Council cannot take such action, but a Court must do so.
MR. BERNACCHI:-In fact, has this Council, through the Urban Services Department, asked for a Court Order of closure or not?
CHAIRMAN:-I am not aware that this has been done.
MR. WILFRED WONG:-Mr. Chairman, I would like to ask a supplementary. Is the Department aware that that part of the road that adjoins South Bay is no longer called Island Road? I am under the impression it is called Repulse Bay Road.
CHAIRMAN:-Thank you for the information, Sir, which is in a sense out of order. (Laughter).
MR. LOBO:-In view of the fact that all the action taken by the Department is not satisfactory, and in view of the fact that the food-stalls are on a favourable site, has the Department, or the Government, any other alternative use for the site?
CHAIRMAN:---I must have notice of that question, Sir. I will look into it.
DIRECTOR OF PUBLIC WORKS:-Mr. Chairman, it is reserved for a police station and a fire station.
MR. SALES:-Sir, may I have this matter referred to the Parks, Amenities & Recreation Committee, because I thought that this land was reserved for a garden?
DIRECTOR OF PUBLIC WORKS:-Mr. Chairman, the Urban Services Department recently wrote in and asked for a temporary allocation of the site for use as a garden, but it has been reserved for many years for a police station and a fire station.
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Road with Island Road and, by virtue of their position, causing considerable congestion at this junction due to the large number of patrons parking buses, lorries and cars there whilst attending these foodstalls during meal hours?
(b) Has any legal action been taken against these illegal restaurants recently? If so, cannot the Hygiene Division enforce their closure, as it does with offending licensed restaurants?
THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES replied as follows:
I am aware of the existence of these establishments and particularly of two illegal restaurants which have been prosecuted on numerous occasions; in fact, since July 1965 a total of 20 successful prosecutions have been carried out, and 2 more are pending. The details of these cases are as follows.
On 14th July, 1965, the proprietor of one of these places was fined $150 for operating an unlicensed restaurant and on that same date a prohibition order was made against the continued operation of his restaurant. Two of the proprietor's employees were also each fined $50 for handling food without valid certificates of immunization against typhoid and cholera.
One week later, on 21st July, 1965, three of his employees were again fined $50 each for non-possession of these certificates. On 15th December, 1965, the proprietor was again charged with failing to obey the court order in respect of his unlicensed restaurant and was fined $100. On 2nd February of this year he was fined $200 for a similar offence, and a further summons awaits hearing
tomorrow.
The operator of the other restaurant in this area has a similarly long record of convictions, both for operating an unlicensed restaurant and for failing to obey court prohibition orders. She, too, was fined $150 on 2nd February for operating an unlicensed restaurant, and a further summons against her awaits hearing.
In addition to these two illegal restaurants there are a varying number of food hawkers who sell soft drinks, cakes, and other food-stuffs in this area and successful prosecutions of these offenders have also been secured.
HONG KONG URBAN COUNCIL
5
I hope, Sir, I have shown that recent legal action has been taken in these cases, though it must be admitted that the fines and court orders resulting have not so far proved effective.
I can assure you that further action will continue to be taken, against the persons concerned and any others who operate illegal restaurants or cooked food business in this area.
MR. BERNACCHI :-Mr. Chairman, as a supplementary I would like to ask-I know that the law gives this Council power to cancel a licence when we are dealing with licensed restaurants--what action can be taken by this Council to close down premises where a restaurant is being operated illegally?
CHAIRMAN:-It is my understanding, Sir, that the Council cannot take such action, but a Court must do so.
MR. BERNACCHI:-In fact, has this Council, through the Urban Services Department, asked for a Court Order of closure or not?
CHAIRMAN:-I am not aware that this has been done.
MR. WILFRED WONG:-Mr. Chairman, I would like to ask a supplementary. Is the Department aware that that part of the road that adjoins South Bay is no longer called Island Road? I am under the impression it is called Repulse Bay Road.
CHAIRMAN:-Thank you for the information, Sir, which is in a sense out of order. (Laughter).
MR. LOBO:-In view of the fact that all the action taken by the Department is not satisfactory, and in view of the fact that the food- stalls are on a favourable site, has the Department, or the Government, any other alternative use for the site?
CHAIRMAN:---I must have notice of that question, Sir. I will look
into it.
DIRECTOR OF PUBLIC WORKS:-Mr. Chairman, it is reserved for a police station and a fire station.
MR. SALES:Sir, may I have this matter referred to the Parks, Amenities & Recreation Committee, because I thought that this land was reserved for a garden?
DIRECTOR OF PUBLIC WORKS: -Mr. Chairman, the Urban Services Department recently wrote in and asked for a temporary allocation of the site for use as a garden, but it has been reserved for many years for a police station and a fire station.
No comments yet.
Private notes are available after approval.