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Britain and Japan. This fall in our rate of increase now gives more time to concentrate on the improvement of the quality of the environment in which we live. The Council's role, in the context of its responsibilities, must be to glean the wishes and aspirations of our people and to form them into a directional amalgam of aims which will ensure the continuing improvement in the physical and mental well-being of our community. The statement of aims for 1972 gives such guidance and as such Mr. Chairman I support the motion. (Applause).
SECRETARY FOR HOME AFFAIRS: -Mr. Chairman, I felt that I must respond to Mr. Lo Tak-shing's second appeal for an "Anti-Sharp Practices Bureau" to protect the public by taking action against commercial sharp practices intended to take unfair advantage of the less sophisticated individual. For this purpose, I read through his previous speech on the occasion of the Annual Debate. I might add that I have also been approached in the past by sponsors of voluntary organizations committed to the task of improving what might be described as business morality.
2. Let me start by saying that there is a very large organization devoted to the task of protecting the public from those whose sharp practices extend to breaking the law-the Royal Hong Kong Police Force. In addition to ordinary police stations at which reports can be made, it has a specialist commercial crimes branch of the C.I.D. The Force is of course assisted by the Legal Department and in connection with company law by the Registrar General's Department.
3. Government is, indeed, aware that in a modern urban environment the dice are often heavily loaded against the unsophisticated. Government is entirely sympathetic to the proven need for new or revised law to protect consumers subject to the law being economical and practical in a Hong Kong context. As you know, there is a Company Law Revision Committee which has recently reported to Government recommending various measures to tighten controls in this field of law. The Merchandise Marks Ordinance and the Weights and Measures Ordinance are at present under review and consideration will be given, in the course of these reviews, to the need for other measures to protect the consumer. You are all aware of the recent statements on the subject of chit funds.
4. All I have said so far relates to the law and its application. If we are not going to be satisfied with the law as a criterion of "sharp practice", on what basis are we to judge it? On the basis of the opinion of an individual officer? Surely this official, if he was to be granted any power over those whom he regards as guilty of "sharp practice", would be in a singularly powerful position and might well be regarded as indulging in some fairly sharp practice himself.
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5. If the officer of the bureau are to have no more than the authority to arbitrate and to try and assist with a settlement, then surely such bureau already exist in many forms such as the City District Offices, the kaifong and welfare organizations and even Urban Councillors themselves when hearing complaints in the Wards. I am certainly aware that people are victims of sharp practice and that all too many of the sharp practitioners are able to sail a clever course between the provisions of the law. However Hong Kong has not gained its business experience by means of protection. I do not believe that we will gain by establishing elaborate machinery to protect people from the risks involved in trying to gain the best bargain they can.
6. It must be recognized that new laws involve more officials, more charges on public funds and more complications in the way of legitimate business-whether it be from a hawker stall or from a major hong. If we are to improve our standards of business and to maintain a reasonable degree of freedom, I consider that this improvement must also come from the initiative of professional associations, chambers of commerce, trade associations, business houses and so on. In the short term Government must concentrate its efforts and at the moment this concentration must be on protecting the public against violent crime.
Sir, with these remarks, I support the Motion. (Applause).
CHAIRMAN: --As the Director of Public Works has already said, the White Paper on Local Government Reform seems to have diverted Members' attention this year from most of the array of extraneous subjects for which we have no responsibility but which are normally under conventional attack during this debate-but allowing for this distraction, I also believe that there has been a conscious effort on the part of some members to concentrate on some of the multifarious and unsolved problems that lie squarely within the Council's jurisdiction. And for me, this has been a welcome development. But it leads me to a subject which, obviously, I must treat with care that is the subject of unwritten conventions which guide the Council in many spheres and one in particular-the happy one that even when opposing views in Council or in Committee have been miles apart, we have always all retained good manners and mutual respect towards each other. This has never led to compromise on principle or half-baked attitudes. But it has meant that, for all our differences, we have been able to look at each other with warm regard for people who are trying to serve the townsfolk of Hong Kong as best we know how, even when the headlines are shouting about "Slamming" and "Hitting" and "Splits" in the Council.
So, as I say, it has been a good debate we have had, and I am happy to have presided over it, especially since my days as Chairman
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Britain and Japan. This fall in our rate of increase now gives more time to concentrate on the improvement of the quality of the environ- ment in which we live. The Council's role, in the context of its res- ponsibilities, must be to glean the wishes and aspirations of our people and to form them into a directional amalgam of aims which will ensure the continuing improvement in the physical and mental well-being of our community. The statement of aims for 1972 gives such guidance and as such Mr. Chairman I support the motion. (Applause).
SECRETARY FOR HOME AFFAIRS: -Mr. Chairman, I felt that I must respond to Mr. Lo Tak-shing's second appeal for an "Anti-Sharp Practices Bureau" to protect the public by taking action against com- mercial sharp practices intended to take unfair advantage of the less sophisticated individual. For this purpose, I read through his previous speech on the occasion of the Annual Debate. I might add that I have also been approached in the past by sponsors of voluntary organizations committed to the task of improving what might be des- cribed as business morality.
2. Let me start by saying that there is a very large organization devoted to the task of protecting the public from those whose sharp practices extend to breaking the law-the Royal Hong Kong Police Force. In addition to ordinary police stations at which reports can be made, it has a specialist commercial crimes branch of the C.I.D. The Force is of course assisted by the Legal Department and in con- nection with company law by the Registrar General's Department.
3. Government is, indeed, aware that in a modern urban en- vironment the dice are often heavily loaded against the unsophisticated. Government is entirely sympathetic to the proven need for new or revised law to protect consumers subject to the law being economical and practical in a Hong Kong context. As you know, there is a Company Law Revision Committee which has recently reported to Government recommending various measures to tighten controls in this field of law. The Merchandise Marks Ordinance and the Weights and Measures Ordinance are at present under review and consideration will be given, in the course of these reviews, to the need for other measures to protect the consumer. You are all aware of the recent statements on the subject of chit funds.
4.
All I have said so far relates to the law and its application. If we are not going to be satisfied with the law as a criterion of "sharp practice", on what basis are we to judge it? On the basis of the opinion of an individual officer? Surely this official, if he was to be granted any power over those whom he regards as guilty of "sharp practice", would be in a singularly powerful position and might well be regarded as indulging in some fairly sharp practice himself.
HONG KONG URBAN COUNCIL
397
5. If the officer of the bureau are to have no more than the authority to arbitrate and to try and assist with a settlement, then surely such bureau already exist in many forms such as the City District Offices, the kaifong and welfare organizations and even Urban Councillors themselves when hearing complaints in the Wards. I am certainly aware that people are victims of sharp practice and that all too many of the sharp practioners are able to sail a clever course between the provisions of the law. However Hong Kong has not gained its business experience by means of protection. I do not believe that we will gain by establishing elaborate machinery to protect people from the risks involved in trying to gain the best bargain they can.
6. It must be recognized that new laws involve more officials, more charges on public funds and more complications in the way of legitimate business-whether it be from a hawker stall or from a major hong. If we are to improve our standards of business and to maintain a reasonable degree of freedom, I consider that this improvement must also come from the initiative of professional associations, chambers of commerce, trade associations, business houses and so on. In the short term Government must concentrate its efforts and at the moment this concentration must be on protecting the public against violent crime.
Sir, with these remarks, I support the Motion. (Applause).
CHAIRMAN: --As the Director of Public Works has already said, the White Paper on Local Government Reform seems to have diverted Members' attention this year from most of the array of extraneous subjects for which we have no responsibility but which are normally under conventional attack during this debate-but allowing for this distraction, I also believe that there has been a conscious effort on the part of some members to concentrate on some of the multifarious and unsolved problems that lie squarely within the Council's jurisdic- tion. And for me, this has been a welcome development. But it leads me to a subject which, obviously, I must treat with care that is the subject of unwritten conventions which guide the Council in many spheres and one in particular-the happy one that even when opposing views in Council or in Committee have been miles apart, we have always all retained good manners and mutual respect towards each other. This has never led to compromise on principle or half-baked attitudes. But it has meant that, for all our differences, we have been able to look at each other with warm regard for people who are trying to serve the townsfolk of Hong Kong as best we know how, even when the headlines are shouting about "Slamming" and "Hitting" and "Splits" in the Council.
So, as I say, it has been a good debate we have had, and I am happy to have presided over it, especially since my days as Chairman
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