HONG KONG URBAN COUNCIL
multi-storey buildings and I shared then his faith in the human heart and mind, and much more so today. The position as seen then was that some form of mutual co-operation amongst residents seemed to promise an answer to many of their problems; but it was also obvious then, just as much as it is today, that official encouragement of any such social undertaking would be a waste of time and effort in trying to achieve the same means by legislation-unless it was a development already wanted, and started, by the people themselves. I regret to have to say that all we in the S.C.A. have been able to do since March 1966, on account of other commitments, was to put one liaison officer virtually full-time in encouraging and helping the organization of as many old, new and projected multi-storey Residents' Associations as he could manage in Kowloon. Although my colleagues in other sections of the S.C.A. are doing what they can in a similar capacity, progress has of necessity been slow because of their other commitments. Nevertheless, in so doing, as S.C.A. always does in the course of entering into dialogue with people with problems, a considerable amount of practical knowledge and down-to-earth experience has been gained. Such knowledge and experience has been made fully available for the benefit of an inter-departmental sub-committee at which two S.C.A. officers, an Assistant Director of Urban Services, and several other experts, including lawyers, sit as members, working towards devising appropriate legislation to facilitate the working of voluntary management associations. In point of fact, despite the disturbances, the said committee has sat no less than 6 times since July this year, working their way round hosts of problems which have emerged in the course of their deliberations. The last I heard of its progress was their having reached, by 17th October, 1967, a stage at which a substantially revised draft bill would soon be ready, and I understand this revised draft bill will be referred to the Environmental Hygiene Select Committee of this Council for views and comments.
Mr. Brook BERNACCHI has suggested that the S.C.A. may set up a separate sub-department and help in resolving problems arising out of labour-management relationships. In my view, this would seem to be putting the clock back 21 years. Labour affairs constituted part of the S.C.A. work before the war, and its Labour Office became a fully-fledged Labour Department in 1946. Moreover, it would, in practice, be extremely difficult for a non-specialist government department to act as a middleman between (a) Labour and management; (b) between labour force and Labour Department; and (c) between Labour and the Central Government. I would not for a moment think that going back in history is one of the platforms of the Reform Club. Nevertheless, where we can help, by way of communication of ideas, S.C.A. is ever ready to be at your service.
On the question of BARS in Tsim Sha Tsui, which was raised by Mr. FORSGATE, may I first of all take this opportunity to put the record straight. Mr. FORSGATE said that there are now over two hundred licensed premises, bars, and restaurants, south of Austin Road. I am glad that, by implication, he made a distinction between restaurants and bars, as I believe he is more interested in the number of "BARS" than in the number of hotels or restaurants in which a bar for the sale of liquor forms but an adjunct.
My records show that there are, as at 18th December, 1967, a total of 181 premises licensed for the sale of liquor, and that approval for 13 more has been given pending issue of licences, thus making a total of 194. Of the 194, 76 were bona fide restaurants requiring no endorsement either for bars or for dancing, and 20 were bona fide hotels. This leaves us 98 for which endorsement either for a bar or for dancing or for both has been approved. The corresponding figures as at December 1966 were 179, 64, 19, and 96. There were quite a number of bars closed and other new ones opened during the course of the year. In effect, however, there has been a net increase of only 2 for which dancing or bar, or both, have been endorsed.
Nevertheless, Mr. FORSGATE may be interested to know that the Board of Licensing Justices has, as recently as last week, resolved to seek a clearer policy guidance from the legislature, suggesting, by way of legislative amendments, so as to leave no doubt that it is the intention of the legislature to empower the Liquor Licensing Board to assume the guardianship of public morals and to play a significant part in what may be properly the function of the Town Planning Board. The view of the present Liquor Licensing Board is that it derives its authority from Regulations made under Section 76 of the Dutiable Commodities Ordinance, Cap. 109, which empowers the Board to exercise control, by way of granting individual licences, for the sale of liquor as one of the several dutiable commodities, rather than to exercise control over the Devil with its all-powerful influences over human nature—whether taking the form of purveyance of sex or other economic activities. A distinction must be drawn between the control of the sale of liquor and the control of prostitutes. Prostitution itself is not a crime in our law, although the legislative intentions to suppress narcotics, for instance, have been expressed in no uncertain terms in the appropriate legislation governing narcotics. The latter created, as a statutory offence, certain matters relating to narcotics, for instance. The Liquor Licensing Board considers itself bound to exercise its powers in a quasi-judicial manner, which necessitates its deciding in respect of individual cases according to evidence which may be adduced in open sessions prescribed by law, and in the prescribed manner. When no such evidence is adduced in such open sessions and in the prescribed manner in respect of individual applications, the Board does not feel itself in a position arbitrarily to limit the number of licensed places, either overall or in any particular district, however strongly the individual members may feel about the ways in which the business may be conducted. The Board itself has directed me to make
Page 210 of 259
394
HONG KONG URBAN COUNCIL
395
Page 210
Page 211
259
259
Page 210 of 259
394
HONG KONG URBAN COUNCIL
multi-storey buildings and I shared then his faith in the human heart and mind, and much more so today. The position as seen then was that some form of mutual co-operation amongst residents seemed to promise an answer to many of their problems; but it was also obvious then. just as much as it is today, that official encouragement of any such social undertaking would be a waste of time and effort in trying to achieve the same means by legislation-unless it was a development already wanted, and started, by the people themselves. I regret to have to say that all we in the S.C.A. have been able to do since March 1966, on account of other commitments, was to put one liaison officer virtually full-time in encouraging and helping the organization of as many old, new and projected multi-storey Residents' Associations as he could manage in Kowloon. Although my colleagues in other sections of the S.C.A. are doing what they can in a similar capacity, progress has of necessity been slow because of their other commitments. Never- theless in so doing, as S.C.A. always does in the course of his entering into dialogue with people with problems, a considerable amount of practical knowledge and down to earth experience has been gained. Such knowledge and experience has been made fully available for the benefit of an inter-departmental sub-committee at which two S.C.A. officers, an Assistant Director of Urban Services and several other ex- perts including lawyers, sit as members, working towards devising appro- priate legislation to facilitate the working of voluntary management as- sociations. In point of fact, despite the disturbances the said committee has sat no less than 6 times since July this year, working their way round hosts of problems which have emerged in the course of their deliberations. The last I heard of its progress was their having reached by 17th October, 1967 a stage, at which a substantially revised draft bill would soon be ready, and I understand this revised draft bill will be referred to the Environmental Hygiene Select Committee of this Council for views and comments.
Mr. Brook BERNACCHI has suggested that the S.C.A. may set up a separate sub-department and help in resolving problems arising out of labour-management relationship. In my view this would seem to be putting the clock back 21 years. Labour affairs constituted part of the S.C.A. work before the war, and its Labour Office became a fully- fledged Labour Department in 1946. Moreover, it would in practice be extremely difficult for a non-specialist government department to act as a middleman between (a) Labour and management; (b) between labour force and Labour Department and (c) between Labour and the Central Government. I would not for a moment think that going back in his- tory is one of the platforms of the Reform Club. Nevertheless, where we can help, by way of communication of ideas, S.C.A. is ever ready to be at your service.
On the question of BARS in Tsim Sha Tsui which was raised by Mr. FORSGATE, may I first of all take this opportunity to put the record
HONG KONG URBAN COUNCIL
395
straight. Mr. FORSGATE said that there are now over two hundred I am licensed premises, bars and restaurants, south of Austin Road. glad that, by implication, he made a distinction between restaurants and bars, as I believe he is more interested in the number of "BARS" than in the number of hotels or restaurants in which a bar for the sale of liquor forms but an adjunct.
My records show that there are as at 18th December, 1967, a total of 181 premises licensed for the sale of liquor, and that approval for 13 more has been given pending issue of licences, thus making a total of 194. Of the 194, 76 were bona fide restaurants requiring no endorse- ment either for bars or for dancing, and 20 were bona fide hotels. This leaves us 98 for which endorsement either for a bar or for dancing or for both, has been approved. The corresponding figures as at December 1966 were 179, 64, 19 and 96. There were quite a number of bars closed and other new ones opened during the course of the year. In effect, however, there has been a net increase of only 2 for which dancing or bar, or both, have been endorsed.
Nevertheless Mr. FORSGATE may be interested to know that the Board of Licensing Justices has as recently as last week resolved to seek a clearer policy guidance from the legislature, suggesting by way of legislative amendments, so as to leave no doubt that it is the intention of the legislature to empower the Liquor Licensing Board to assume the guardianship of public morals and to play a significant part in what may be properly the function of the Town Planning Board. The view of the present Liquor Licensing Board is that it derives its authority from Regulations made under Section 76 of the Dutiable Commodities Ordin- ance, Cap. 109, which empowers the Board to exercise control, by way of granting individual licences, for the sale of liquor as one of the several duties commodities, rather than to exercise control over the Devil with its all powerful influences over human nature--whether taking the form of purveyance of sex or other economic activities. A distinction must be drawn between the control of sale of liquor and the control of pros- titutes. Prostitution itself is not a crime in our law, although the legis- lative intentions to suppress narcotics, for instance, has been expressed in no uncertain terms in the appropriate legislation governing narcotics. The latter created as a statutory offence, certain matters relating to nar- cotics, for instance. The Liquor Licensing Board considers itself bound to exercise its powers in a quasi judicial manner, which necessitates its deciding in respect of individual cases according to evidence which may be adduced in open sessions prescribed by law, and in the prescribed manner. When no such evidence is adduced in such open sessions and in the prescribed manner in respect of individual applications, the Board does not feel itself in a position arbitrarily to limit the number of licensed places, either overall or in any particular district, however strongly the individual members may feel about the ways in which the business may be conducted. The Board itself has directed me to make
Page 210Page 211
259
No comments yet.
Private notes are available after approval.