1968 — Page 134

Urban Council Proceedings 市政局議事錄 All AI Reviewed

244

HONG KONG URBAN COUNCIL

of a corporal or, if he is a member of a larger group, he will probably be under the orders of a sergeant. But, of course, the Inspectors serving in any division must also exercise the necessary overall supervision of their staff. The answer to the second part of the question is that disciplinary action is only taken against a member of the Force where it can be established that he has knowingly failed to take appropriate action in a case where a breach of the law is being committed. It is not always possible for an individual member of the Force to make an arrest single-handed and the appropriate action for a constable who finds, for example, restricted food being sold, may be for him to inform a superior officer who will arrange for action to be taken when transport and sufficient staff are available. Even so, a hawker may resume illegal activities immediately after he is charged. Members are, of course, aware that the Police are responsible for unscheduled areas, which I take to be those areas not under the control of the Hawker Control Force.

However, any Hawker Control Force Constable found at fault in this respect would be charged under Section 11(1)(h) of the Hawker Control Force Ordinance ("neglect of duty") and if found guilty he would be punished by the Commandant under Section 11(1) sub-sections (i)-(v) of the Ordinance which prescribe such penalties as reduction in rank, warning or reprimand, forfeiture of pay or of good conduct allowance, or compulsory performance of extra duties or drills. Also, if the Commandant considers the case serious enough, he can also recommend dismissal. Once our hawker policy is clearer, our hawker legislation has been improved, and the Hawker Control Force has greater resources to call upon, I am confident that the illegal practices which have prompted this question will become less common. In the meantime, I would like to point out that during the six-month period from April to September this year, the Force took action in 460 cases where hawkers were selling restricted or prohibited food and that, as a result, 12,081 catties of such food were seized. I do not consider that it is fair to place the entire blame for the continued existence of breaches of the Hawker By-laws on the Hawker Control Force. I think many members of the Council would agree that it is the system as a whole, and not merely the method of enforcement, that needs to be improved.

HONG KONG URBAN COUNCIL

245

MR. WU:- Mr. Chairman, I have asked this question because Members will remember that, some two or three months ago, we managed to clear up Chun Yeung Street. I now see that the street is congested again.

MR. BERNACCHI:- Mr. Chairman, how can the system as a whole be improved if we have not control over the staff that is enforcing the system on the ground?

CHAIRMAN:- I will have to rule that one out of order, Mr. BERNACCHI.

(8) DR. A. M. S. BELL:- Mr. Chairman, with your permission may I ask you a question under Standing Order 8(2)? I was unable to notify you of this earlier as I was unaware of the situation earlier on. Are you aware that in your report for this month, over 160,000 lbs. of food was found to be unfit for human consumption?

The second part of my question is that in view of the report which is in this afternoon's paper regarding the checks on food being fit for human consumption, would you make representation to Government, urgent representation, so that food samples may be tested as before?

CHAIRMAN:- I will be prepared to pass the message on, Dr. BELL.

DR. BELL:- Mr. Chairman, as a supplementary, would you please ask whether an alternative place for testing can be found rather than the Government Chemist's, which obviously either seems to be on strike, or seems to be desperately short of staff?

CHAIRMAN:- I will pass this on as well, Dr. BELL.

THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, may I make a comment here? At the moment there is a backlog of work in the Government Chemist's laboratory, which has arisen as a result of a number of factors. One factor has been illness of staff and also the resignation of some others. We have recently recruited more staff to fill the gap, but we still have a backlog. I expect the delay to be only temporary, and I hope that within three to four weeks something will be resumed, not necessarily on a full scale, but definitely on a limited scale.

DR. BELL:- Mr. Chairman, this is still a matter of great concern. Over 160,000 lbs. of food was found unfit for human consumption within four weeks as is reported in our report. Could you please find out whether some alternative means of testing these samples could be undertaken?

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244 HONG KONG URBAN COUNCIL of a corporal or, if he is a member of a larger group, he will probably be under the orders of a sergeant. But, of course, the Inspectors serving in any division must also exercise the necessary overall supervision of their staff. The answer to the second part of the question is that disciplinary action is only taken against a member of the Force where it can be established that he has knowingly failed to take appropriate action in a case where a breach of the law is being committed. It is not always possible for an individual member of the Force to make an arrest single-handed and the appropriate action for a constable who finds, for example, restricted food being sold, may be for him to inform a superior officer who will arrange for action to be taken when transport and sufficient staff are available. Even so, a hawker may resume illegal activities immediately after he is charged. Members are, of course, aware that the Police are responsible for unscheduled areas, which I take to be those areas not under the control of the Hawker Control Force. However, any Hawker Control Force Constable found at fault in this respect would be charged under Section 11(1)(h) of the Hawker Control Force Ordinance ("neglect of duty") and if found guilty he would be punished by the Commandant under Section 11(1) sub-sections (i)-(v) of the Ordinance which prescribe such penalties as reduction in rank, warning or reprimand, forfeiture of pay or of good conduct allowance, or compulsory performance of extra duties or drills. Also, if the Commandant considers the case serious enough, he can also recommend dismissal. Once our hawker policy is clearer, our hawker legislation has been improved, and the Hawker Control Force has greater resources to call upon, I am confident that the illegal practices which have prompted this question will become less common. In the meantime, I would like to point out that during the six-month period from April to September this year, the Force took action in 460 cases where hawkers were selling restricted or prohibited food and that, as a result, 12,081 catties of such food were seized. I do not consider that it is fair to place the entire blame for the continued existence of breaches of the Hawker By-laws on the Hawker Control Force. I think many members of the Council would agree that it is the system as a whole, and not merely the method of enforcement, that needs to be improved. HONG KONG URBAN COUNCIL 245 MR. WU:- Mr. Chairman, I have asked this question because Members will remember that, some two or three months ago, we managed to clear up Chun Yeung Street. I now see that the street is congested again. MR. BERNACCHI:- Mr. Chairman, how can the system as a whole be improved if we have not control over the staff that is enforcing the system on the ground? CHAIRMAN:- I will have to rule that one out of order, Mr. BERNACCHI. (8) DR. A. M. S. BELL:- Mr. Chairman, with your permission may I ask you a question under Standing Order 8(2)? I was unable to notify you of this earlier as I was unaware of the situation earlier on. Are you aware that in your report for this month, over 160,000 lbs. of food was found to be unfit for human consumption? The second part of my question is that in view of the report which is in this afternoon's paper regarding the checks on food being fit for human consumption, would you make representation to Government, urgent representation, so that food samples may be tested as before? CHAIRMAN:- I will be prepared to pass the message on, Dr. BELL. DR. BELL:- Mr. Chairman, as a supplementary, would you please ask whether an alternative place for testing can be found rather than the Government Chemist's, which obviously either seems to be on strike, or seems to be desperately short of staff? CHAIRMAN:- I will pass this on as well, Dr. BELL. THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, may I make a comment here? At the moment there is a backlog of work in the Government Chemist's laboratory, which has arisen as a result of a number of factors. One factor has been illness of staff and also the resignation of some others. We have recently recruited more staff to fill the gap, but we still have a backlog. I expect the delay to be only temporary, and I hope that within three to four weeks something will be resumed, not necessarily on a full scale, but definitely on a limited scale. DR. BELL:- Mr. Chairman, this is still a matter of great concern. Over 160,000 lbs. of food was found unfit for human consumption within four weeks as is reported in our report. Could you please find out whether some alternative means of testing these samples could be undertaken? Page 134 of 243

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244 HONG KONG URBAN COUNCIL of a corporal or, if he is a member of a larger group, he will probably be under the orders of a sergeant. But, of course, the Inspectors serving in any division must also exercise the necessary overall supervision of their staff. The answer to the second part of the question is that dis- ciplinary action is only taken against a member of the Force where it can be established that he has knowingly failed to take appropriate action in a case where a breach of the law is being committed. It is not always possible for an individual member of the Force to make an arrest single-handed and the appropriate action for a constable who finds, for example, restricted food being sold, may be for him to inform a superior officer who will arrange for action to be taken when transport and sufficient staff are available. Even so, a hawker may resume illegal activities immediately after he is charged. Members are, of course, aware that the Police are responsible for unscheduled areas, which I take to be those areas not under the control of the Hawker Control Force. However, any Hawker Control Force Constable found at fault in this respect would be charged under Section 11(1)(h) of the Hawker Control Force Ordinance ("neglect of duty") and if found guilty he would be punished by the Com- mandant under Section 11(1) sub-sections (i)-(v) of the Ordinance which prescribe such penalties as reduction in rank, warning or reprimand, forfeiture of pay or of good conduct allowance, or compulsory performance of extra duties or drills. Also, if the Commandant considers the case serious enough, he can also recommend dismissal. Once our hawker policy is clearer, our hawker legislation has been improved, and the Hawker Control Force has greater resources to call upon, I am confident that the illegal practices which have prompted this question will become less common. In the meantime, I would like to point out that during the six-month period from April to September this year, the Force took action in 460 cases where hawkers were selling restricted or prohibited food and that, as a result, 12,081 catties of such food were seized. I do not consider that it is fair to place the entire blame for the continued existence of breaches of the Hawker By- laws on the Hawker Control Force. I think many mem- bers of the Council would agree that it is the system as a whole, and not merely the method of enforcement, that needs to be improved. HONG KONG URBAN COUNCIL 245 MR. WU:-Mr. Chairman, I have asked this question because Members will remember that, some two or three months ago, we managed to clear up Chun Yeung Street. I now see that the street is congested again. MR. BERNACCHI:-Mr. Chairman, how can the system as a whole be improved if we have not control over the staff that is enforcing the system on the ground? CHAIRMAN:-I will have to rule that one out of order, Mr. BERNACCHI. (8) DR. A. M. S. BELL:-Mr. Chairman, with your permission may I ask you a question under Standing Order 8(2)? I was unable to notify you of this earlier as I was unaware of the situation earlier on. Are you aware that in your report for this month, over 160,000 lbs. of food was found to be unfit for human consumption? The second part of my question is that in view of the report which is in this afternoon's paper regarding the checks on food being fit for human consumption, would you make representation to Government, urgent representation, so that food samples may be tested as before? CHAIRMAN: --I will be prepared to pass the message on, Dr. BELL. DR. BELL:—Mr. Chairman, as a supplementary, would you please ask whether an alternative place for testing can be found rather than the Government Chemist's, which obviously either seems to be on strike, or seems to be desperately short of staff? CHAIRMAN:-I will pass this on as well, Dr. BELL. THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES : Mr. Chairman, may I make a comment here? At the moment there is a backlog of work in the Government Chemist's laboratory, which has arisen as a result of a number of factors. One factor has been illness of staff and also the resignation of some others. We have recently recruited more staff to fill the gap, but we still have a backlog. I expect the delay to be only temporary, and I hope that within three to four weeks something will be resumed, not necessarily on a full scale, but definitely on a limited scale. DR. BELL:Mr. Chairman, this is still a matter of great concern. Over 160,000 lbs. of food was found unfit for human consumption within four weeks as is reported in our report. Could you please find out whether some alternative means of testing these samples could be undertaken? Page 134 of 243

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244

HONG KONG URBAN COUNCIL

of a corporal or, if he is a member of a larger group, he will probably be under the orders of a sergeant. But, of course, the Inspectors serving in any division must also exercise the necessary overall supervision of their staff. The answer to the second part of the question is that dis- ciplinary action is only taken against a member of the Force where it can be established that he has knowingly failed to take appropriate action in a case where a breach of the law is being committed. It is not always possible for an individual member of the Force to make an arrest single-handed and the appropriate action for a constable who finds, for example, restricted food being sold, may be for him to inform a superior officer who will arrange for action to be taken when transport and sufficient staff are available. Even so, a hawker may resume illegal activities immediately after he is charged. Members are, of course, aware that the Police are responsible for unscheduled areas, which I take to be those areas not under the control of the Hawker Control Force.

However, any Hawker Control Force Constable found at fault in this respect would be charged under Section 11(1)(h) of the Hawker Control Force Ordinance ("neglect of duty") and if found guilty he would be punished by the Com- mandant under Section 11(1) sub-sections (i)-(v) of the Ordinance which prescribe such penalties as reduction in rank, warning or reprimand, forfeiture of pay or of good conduct allowance, or compulsory performance of extra duties or drills. Also, if the Commandant considers the case serious enough, he can also recommend dismissal. Once our hawker policy is clearer, our hawker legislation has been improved, and the Hawker Control Force has greater resources to call upon, I am confident that the illegal practices which have prompted this question will become less common. In the meantime, I would like to point out that during the six-month period from April to September this year, the Force took action in 460 cases where hawkers were selling restricted or prohibited food and that, as a result, 12,081 catties of such food were seized. I do not consider that it is fair to place the entire blame for the continued existence of breaches of the Hawker By- laws on the Hawker Control Force. I think many mem- bers of the Council would agree that it is the system as a whole, and not merely the method of enforcement, that needs to be improved.

HONG KONG URBAN COUNCIL

245

MR. WU:-Mr. Chairman, I have asked this question because Members will remember that, some two or three months ago, we managed to clear up Chun Yeung Street. I now see that the street is congested again.

MR. BERNACCHI:-Mr. Chairman, how can the system as a whole be improved if we have not control over the staff that is enforcing the system on the ground?

CHAIRMAN:-I will have to rule that one out of order, Mr.

BERNACCHI.

(8) DR. A. M. S. BELL:-Mr. Chairman, with your permission may I ask you a question under Standing Order 8(2)? I was unable to notify you of this earlier as I was unaware of the situation earlier on. Are you aware that in your report for this month, over 160,000 lbs. of food was found to be unfit for human consumption?

CHAIRMAN: --I will be prepared to pass the message on, Dr. BELL.

DR. BELL:—Mr. Chairman, as a supplementary, would you please ask whether an alternative place for testing can be found rather than the Government Chemist's, which obviously either seems to be on strike, or seems to be desperately short of staff?

CHAIRMAN:-I will pass this on as well, Dr. BELL.

THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES : Mr. Chairman, may I make a comment here? At the moment there is a backlog of work in the Government Chemist's laboratory, which has arisen as a result of a number of factors. One factor has been illness of staff and also the resignation of some others. We have recently recruited more staff to fill the gap, but we still have a backlog. I expect the delay to be only temporary, and I hope that within three to four weeks something will be resumed, not necessarily on a full scale, but definitely on a limited scale.

DR. BELL:Mr. Chairman, this is still a matter of great concern. Over 160,000 lbs. of food was found unfit for human consumption within four weeks as is reported in our report. Could you please find out whether some alternative means of testing these samples could be undertaken?

1968 — Page 134

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