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CHAIRMAN:----This is the trouble; enforcement is the trouble. Who is to catch the man who throws something out of the window when he stands back from it and throws? From which floor does it come, and is the inspector there on the spot at the time?
It is the problem of catching them.
MR. BLAKER: Mr. Chairman, a year ago I asked a question on the number of prosecutions that had been made for dumping litter on the streets, it was actually dumping rather than throwing out, and I was told that 300 prosecutions had been made in a year. Frankly, this is a pitifully small figure, and I do agree with Mr. FORSGATE's point that the penalties are too small. I think quite apart from them being inadequately enforced, there is no effective penalty at all.
MR. HU: Mr. Chairman, I think I agree with Mr. FORSGATE, but the best way is to educate the people in the need to co-operate to keep our city clean. I think it is very important in our small city. I hope that you can do something in this direction. With regard to the second part of Dr. HUANG's answer, I have received a specific complaint. The complaint was made by a resident at Flat E, 2nd floor, No. 860, King's Road, and he complained about his opposite verandah being rather dirty. I think he said that this nuisance has existed for a long time and it may endanger the health of the people living in the neighbourhood.
CHAIRMAN: Mr. Hu, this has nothing to do with the general question. Has he in fact reported this to us, to the Department?
MR. HU: To me.
CHAIRMAN: He has taken no steps to report it to us?
MR. HU: Yes, now I will ask, Mr. Chairman, could you formally take action on this. Shall I repeat the address to you?
CHAIRMAN: I think we have got it.
(15) MR. HENRY H. L. HU asked the following question:
What is the Council's policy regarding air-pollution with particular reference to the Hung Hom and To Kwa Wan areas?
DR. DENNY M. H. HUANG, CHAIRMAN OF THE ENVIRONMENTAL HYGIENE SELECT COMMITTEE, replied as follows:
The legal position is that, under section 12 of the Public Health and Urban Services Ordinance, the Urban Council is the Authority in the urban areas for dealing with nuisances which include the emission of dust, fumes or effluvia. Furthermore, the Director of Urban Services is one of the four competent authorities under the Clean Air Ordinance.
In accordance with a recommendation to Government by the Air Pollution Committee, of which the Director of Urban Services is a member, a Smoke Abatement Advisor was appointed in May 1968 to the staff of the Labour Department. At his suggestion, the Environmental Hygiene Select Committee has agreed to a more clearcut division of responsibility between the various departments concerned. Under this arrangement, the Commissioner of Labour is responsible for control of emissions of smoke, dust, etc. arising from combustion processes. But he will consult the Urban Services Department in cases where a nuisance arises from premises licensed by the Urban Council. The advantage of this arrangement is that it relieves the Health Inspectorate of responsibility for dealing with highly technical combustion problems outside their training. Responsibility lies with the Air Pollution Control Unit of the Labour Department which is more competent to handle this aspect.
In short, the Urban Council handles air pollution nuisances only where they don't arise from a combustion process. It follows that control of air pollution arising from industrial plants in the Hung Hom and To Kwa Wan areas does not fall to the Urban Council.
MR. HU: Mr. Chairman, I cannot accept the last part of the answer from Dr. HUANG. I think the last answer to the question is contradictory to Section 12 of the Public Health and Urban Services Ordinance. The Urban Council is the authority in the urban areas for dealing with a nuisance which includes emission of dust, fumes and effluvia. It does not give any limit to which these fumes come about. I think the last part of the answer should be deleted.
CHAIRMAN: Mr. Hu, on the 19th March a paper was issued on this subject, and was accepted by the Environmental Hygiene Select Committee to whom authority in this matter was delegated. They accepted that wherever the problem arose from combustion processes, this would be handled by the Labour Department.
MR. HU: Mr. Chairman, matters which the Urban Council, even if accepted as you said, cannot be against the clear wording of our Ordinance.
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CHAIRMAN:----This is the trouble; enforcement is the trouble. Who is to catch the man who throws something out of the window when he stands back from it and throws? From which floor does it come, and is the inspector there on the spot at the time?
It is the problem of catching them.
MR. BLAKER:Mr. Chairman, a year ago I asked a question on the number of prosecutions that had been made for dumping litter on the streets, it was actually dumping rather than throwing out, and I was told that 300 prosecutions had been made in a year. Frankly, this is a pitifully small figure, and I do agree with Mr. FORSGATE's point that the penalties are too small. I think quite apart from them being in- adequately enforced, there is no effective penalty at all.
MR. HU: Mr. Chairman, I think I agree with Mr. FORSGATE, but the best way is to educate the people in the needs to co-operate to keep our city clean. I think it is very important in our small city. I hope that you can do something in this direction. With regard to the second part of Dr. HUANG's answer, I have received a specific com- plaint. The complaint was made by a resident at Flat E, 2nd floor, No. 860, King's Road, and he complained about his opposite verandah being rather dirty. I think he said that this nuisance has existed for a long time and it may endanger the health of the people living in the neighbourhood.
CHAIRMAN:-Mr. Hu, this has nothing to do with the general question. Has he in fact reported this to us, to the Department?
MR. HU: To me.
CHAIRMAN:--He has taken no steps to report it to us?
MR. HU:-Yes, now I will ask, Mr. Chairman, could you formally take action on this. Shall I repeat the address to you?
CHAIRMAN:-I think we have got it.
(15) MR. HENRY H. L. Hu asked the following question:-
What is the Council's policy regarding air-pollution with particular reference to the Hung Hom and To Kwa Wan areas?
DR. DENNY M. H. HUANG, CHAIRMAN OF THE ENVIRONMENTAL HYGIENE SELECT COMMITTEE, replied as follows:-
The legal position is that, under section 12 of the Public Health and Urban Services Ordinance, the Urban Council is the Authority in the urban areas for dealing with
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nuisances which include the emission of dust, fumes or effluvia. Furthermore, the Director of Urban Services is one of the four competent authorities under the Clean Air Ordinance.
In accordance with a recommendation to Government by the Air Pollution Committee, of which the Director of Urban Services is a member, a Smoke Abatement Advisor was appointed in May 1968 to the staff of the Labour Depart- ment. At his suggestion, the Environmental Hygiene Select Committee has agreed to a more clearcut division of responsibility between the various departments con- cerned. Under this arrangement, the Commissioner of Labour is responsible for control of emissions of smoke, dust, etc. arising from combustion processes. But he will consult the Urban Services Department in cases where a nuisance arises from premises licensed by the Urban Council. The advantage of this arrangement is that it relieves the Health Inspectorate of responsibility for dealing with highly technical combustion problems out- side their training. Responsibility lies with the Air Pollution Control Unit of the Labour Department which is more competent to handle this aspect.
In short, the Urban Council handles air pollution nuisances only where they don't arise from a combustion process. It follows that control of air pollution arising from indus- trial plants in the Hung Hom and To Kwa Wan areas does not fall to the Urban Council.
MR. HU: Mr. Chairman, I cannot accept the last part of the answer from Dr. HUANG. I think the last answer to the question is contradictory to Section 12 of the Public Health and Urban Services Ordinance. The Urban Council is the authority in the urban areas for dealing with a nuisance which includes emission of dust, fumes and effluvia. It does not give any limit to which these fumes come about. I think the last part of the answer should be deleted.
CHAIRMAN: Mr. Hu, on the 19th March a paper was issued on this subject, and was accepted by the Environmental Hygiene Select Committee to whom authority in this matter was delegated. They accepted that wherever the problem arose from combustion processes, this would be handled by the Labour Department.
MR. HU:-Mr. Chairman, matters which the Urban Council, even if accepted as you said, cannot be against the clear wording of our Ordinance.
No comments yet.
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