HONG KONG URBAN COUNCIL
a new site; when a suitable new site has been suggested, it will be processed in the normal manner and if creation as an approved Fixed Pitch site is allowed, it should be allocated to the applicant.
A new applicant cannot, on grounds of fairness, be given priority. Even if he discovers a good site, this site will have to be offered to persons higher up on the waiting list, many of whom have been waiting for a considerable length of time.
Unless the above procedure is followed, applicants who are physically handicapped or less capable of looking after themselves will be put at a disadvantage, thus defeating the very purpose of licensing newspaper hawkers on welfare grounds.
General Purpose sites are no longer created as new licences have not been issued for many years.
New Cooked Food stall licences have not been issued for many years. Whenever it becomes necessary to resite Cooked Food Stalls to make way for road works, etc., alternative sites are created at the suggestion of the licensee but selection is restricted to streets where there are already Cooked Food stalls in existence.
In any event, the creation of these new sites is referred to the Director of Fire Services, Commissioner of Police and Commissioner for Transport for approval.
MR. CHAN:-Mr. Chairman, may I thank Mr. LOBO for his three page reply. I have no supplementaries.
MR. BERNACCHI:--Mr. Chairman, I would like to ask two questions. The first one is whether this question of new applicants being given or not given priority, when they discover a site, can be referred to the Hawker Management Select Committee? There are arguments both ways, and I would like it referred and discussed by them.
MR. LOBO:-We will certainly take this up in the Management Select Committee.
MR. BERNACCHI:--The other point that I query is the last sentence "In any event, the creation of these new sites is referred to the Director of Fire Services, Commissioner of Police and Commissioner for Transport for approval"—surely, it is for comment? They don't have to approve, although it is advisable that they do approve.
HONG KONG URBAN COUNCIL
MR. LOBO:-I believe that this is a matter of opinion. I think in some instances, if the Fire Services disagree, I don't think that the Urban Services Department will be allowed to carry out a project, or issue a licence.
MR. BERNACCHI:-I think perhaps the correct legal position is surely that the Urban Council would be very unwise to create a new site against the advice of the Director of Fire Services, because if there was a loss of life afterwards the Urban Council might be held directly responsible.
MR. LOBO: It is just a matter of interpretation.
MRS. ELLIOTT:-Mr. Chairman, may I ask if the Chairman of the Hawker Management Select Committee would clarify the second part of the paragraph on page 2. The second part of the first paragraph, on page 2. Is it not a fact that the Management Select Committee decided that any new site which was not in front of a restaurant or cafe could be allocated to the person who found it, and not put on the waiting list?
MR. LOBO: For newspapers?
MRS. ELLIOTT:-Yes.
MR. LOBO:-Yes, but normally to the trader who has found a new site provided that he is already trading in an old site. In other words, people who have been holding licences who have found their sites not satisfactory and have found a new site and after he has been given a trading licence he can have that site-otherwise, as I have said earlier on, that there are some people who are on the waiting list, and I think priority should be given to those who've waited for a long time.
MRS. ELLIOTT:-Mr. Chairman, may I ask that this might be investigated, because I was under the impression that if a particular person found a site it was unfair to be put on the waiting list for somebody else to get it, unless it was a restaurant, I am sure.
MR. LOBO:-You could bring it up at the next meeting.
(5) MR. PETER P. F. CHAN asked the following question:-
May I know the current policy on licensing of small resettlement shops for the manufacturing of bread? If the policy prohibits or otherwise discourages such licensing, may the Council reconsider the licensing of such small shops when the applicants undertake to use small domestic electric or gas appliances for such purposes?
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a new site; when a suitable new site has been suggested, it will be processed in the normal manner and if creation as an approved Fixed Pitch site is allowed, it should be allocated to the applicant.
A new applicant cannot, on grounds of fairness, be given priority. Even if he discovers a good site, this site will have to be offered to persons higher up on the waiting list, many of whom have been waiting for a considerable length of time.
Unless the above procedure is followed, applicants who are physically handicapped or less capable of looking after themselves will be put at a disadvantage, thus defeating the very purpose of licensing newspaper hawkers on wel- fare grounds.
General Purpose sites are no longer created as new licences
have not been issued for many years.
New Cooked Food stall licences have not been issued for many years. Whenever it becomes necessary to resite Cooked Food Stalls to make way for road works, etc., alternative sites are created at the suggestion of the licensee but selection is restricted to streets where there are already Cooked Food stalls in existence.
In any event, the creation of these new sites is referred to the Director of Fire Services, Commissioner of Police and Commissioner for Transport for approval.
MR. CHAN:-Mr. Chairman, may I thank Mr. LOBO for his three page reply. I have no supplementaries.
MR. BERNACCHI:--Mr. Chairman, I would like to ask two ques- tions. The first one is whether this question of new applicants being given or not given priority, when they discover a site, can be referred to the Hawker Management Select Committee? There are arguments both ways, and I would like it referred and discussed by them.
MR. LOBO:-We will certainly take this up in the Management Select Committee.
MR. BERNACCHI:--The other point that I query is the last sentence "In any event, the creation of these new sites is referred to the Director of Fire Services, Commissioner of Police and Commissioner for Trans- port for approval"—surely, it is for comment? They don't have to approve, although it is advisable that they do approve.
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141
MR. LOBO:-I believe that this is a matter of opinion. I think in some instances, if the Fire Services disagree, I don't think that the Urban Services Department will be allowed to carry out a project, or issue a licence.
MR. BERNACCHI:-I think perhaps the correct legal position is surely that the Urban Council would be very unwise to create a new site against the advice of the Director of Fire Services, because if there was a loss of life afterwards the Urban Council might be held directly responsible.
MR. LOBO: It is just a matter of interpretation.
MRS. ELLIOTT:-Mr. Chairman, may I ask if the Chairman of the Hawker Management Select Committee would clarify the second part of the paragraph on page 2. The second part of the first para- graph, on page 2. Is it not a fact that the Management Select Com- mittee decided that any new site which was not in front of a restaurant or cafe could be allocated to the person who found it, and not put on the waiting list?
MR. LOBO: For newspapers?
MRS. ELLIOTT:-Yes.
MR. LOBO:-Yes, but normally to the trader who has found a new site provided that he is already trading in an old site. In other words, people who have been holding licences who have found their sites not satisfactory and have found a new site and after he has been given a trading licence he can have that site-otherwise, as I have said earlier on, that there are some people who are on the waiting list, and I think priority should be given to those who've waited for a long time.
MRS. ELLIOTT:-Mr. Chairman, may I ask that this might be in- vestigated, because I was under the impression that if a particular person found a site it was unfair to be put on the waiting list for somebody else to get it, unless it was a restaurant, I am sure.
MR. LOBO:-You could bring it up at the next meeting.
(5) MR. PETER P. F. CHAN asked the following question:-
May I know the current policy on licensing of small resettle- ment shops for the manufacturing of bread? If the policy prohibits or otherwise discourages such licensing, may the Council reconsider the licensing of such small shops when the applicants undertake to use small domestic electric or gas appliances for such purposes?
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