HONG KONG URBAN COUNCIL
In view of the growing concern of this Council to eliminate unlicensed food businesses, the Food and Food Premises Select Committee, at its meeting on 11th October, 1971, set up a special sub-committee to review present prosecution procedures and to consider more effective measures. The sub-committee has already forwarded an interim procedure which has been accepted by the select committee and put into immediate force. The sub-committee is continuing its investigation and we await their findings. I am hoping that these will recommend more frequent prosecutions. On this, the sub-committee is being advised by the Legal Department.
No additional health inspectors have been allocated to deal with this problem since this question was last raised in 1970. If, however, the recommendations of the sub-committee require deploying additional staff to combat this problem, immediate consideration will be given as to how this might be done.
MR. MACKENZIE: Mr. Chairman, I find the numbers of these unlicensed food stalls and shops most alarming constituting, presumably, a public health hazard. Can I ask the Chairman of the Food and Food Premises Select Committee if he is satisfied with the speed with which his Select Committee is tackling this problem, and if he is satisfied that full co-operation is being extended. I refer here to his comments at the Annual Conventional Debate, particularly those referring to the Legal Department.
MR. NG: Mr. Chairman, I believe the Sub-Committee is proceeding to the best of their ability in forming this interim report. I have a copy here which I would like to table, but the Sub-Committee has been suffering to a certain extent in that they could not get a representative from the Legal Department to be present at their meeting to give them immediate advice. As far as the staff is concerned in considering procedures and ways in which to speed up prosecutions, they have been very co-operative.
MR. BERNACCHI: Mr. Chairman, I would like to make a personal statement. I take objection to the word "achieve" in the sentence "it is now not uncommon for the department's Prosecution Section to achieve a fine of $1,500 or three months in jail" I take the words to mean in that context that the prosecution in these cases "merits" a fine of $1,500 or three months in jail.
MR. MACKENZIE: Mr. Chairman, I notice some discrepancy in the figures quoted in our January report with the figures quoted in the statement by the Chairman of the Food and Food Premises Select Committee. Could you explain that?
HONG KONG URBAN COUNCIL
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MR. NG: Yes, Mr. Chairman, there are one or two reasons. One is that the figures in the monthly report only refer to application being processed. They do not include rejected applications as these are no longer applications. There is also the time between the report and the time of the answer, that is almost 20 days lapse, and you will be surprised how many more illegal unlicensed restaurants can appear in 20 days.
MR. MACKENZIE: Mr. Chairman, will it be possible to have a copy of this interim report of the Sub-Committee?
MR. NG: Mr. Chairman, I have tabled one. Anyone who wants one can have a copy I am sure.
MRS. C. J. SYMONS: Mr. Chairman, I would like to ask a supplementary. In one of the figures given by Mr. NG, where he said, "125 restaurants, etc., are unsuitable for the grant of a licence", may I take it that they will always be unsuitable? If the answer is "yes," is it possible to have such a list gazetted from time to time so that members of the public may be made aware of which restaurant, though operating as restaurants, are licensed. I think we owe it to the public to let them know which of them are unlicensed. No one generally has time to go and look for a license in a restaurant, but if these people have applied, but the Law does not allow them to operate, may I suggest that we make a list. I don't know whether legally this is possible.
MR. NG: The Committee will certainly note it, but judging from the mentality of some of our residents in Hong Kong, to gazette unlicensed restaurants might even give them free advertisement. (Laughter).
MR. C. C. SIN: Mr. Chairman, I would like ask a supplementary. Of the 270 restaurants referred to in paragraph 2, can the Council be told how long they have been in operation?
MR. NG: Mr. Chairman, 270 restaurants?
MR. SIN: Yes, there are at present 270 restaurants without licenses in the urban areas.
MR. NG: Mr. Chairman, if Mr. SIN will refer to paragraph 2 of the monthly report he will see a table; as I say the table is not comprehensive and in line with my answer, but certainly they are there in paragraph 2. It varies any where from under three months to over three years.
MR. SIN: May we be told why restaurants may be allowed to operate for three years or less?
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HONG KONG URBAN COUNCIL
In view of the growing concern of this Council to eliminate unlicensed food businesses, the Food and Food Premises Select Committee, at its meeting on 11th October, 1971, set up a special sub-committee to review present pros- ecution procedures and to consider more effective mea- sures. The sub-committee has already forwarded an interim procedure which has been accepted by the select committee and put into immediate force. The sub- committee is continuing its investigation and we await their findings. I am hoping that these will recommend more frequent prosecutions. On this, the sub-committee is being advised by the Legal Department.
No additional health inspectors have been allocated to deal with this problem since this question was last raised in 1970. If, however, the recommendations of the sub- committee require deploying additional staff to combat this problem, immediate consideration will be given as to how this might be done.
MR. MACKENZIE: Mr. Chairman, I find the numbers of these unlicensed food stalls and shops most alarming constituting, presum- ably, a public health hazard. Can I ask the Chairman of the Food and Food Premises Select Committee if he is satisfied with the speed with which his Select Committee is tackling this problem, and if he is satisfied that full co-operation is being extended. I refer here to his comments at the Annual Conventional Debate, particularly those referring to the Legal Department.
MR. NG: Mr. Chairman, I believe the Sub-Committee is pro- ceeding to the best of their ability in forming this interim report. I have a copy here which I would like to table, but the Sub-Committee has been suffering to a certain extent in that they could not get a representative from the Legal Department to be present at their meeting to give them immediate advice. As far as the staff is concerned in considering procedures and ways in which to speed up prosecutions, they have been very co-operative.
MR. BERNACCHI: Mr. Chairman, I would like to make a per- sonal statement. I take objection to the word "achieve" in the sentence "it is now not uncommon for the department's Prosecution Section to achieve a fine of $1,500 or three months in jail" I take the words to mean in that context that the prosecution in these cases "merits” a fine of $1,500 or three months in jail.
MR. MACKENZIE:-Mr. Chairman, I notice some discrepancy in the figures quoted in our January report with the figures quoted in the statement by the Chairman of the Food and Food Premises Select Committee. Could you explain that?
HONG KONG URBAN COUNCIL
Page 229 of 242
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MR. NG: Yes, Mr. Chairman, there are one or two reasons. One is that the figures in the monthly report only refer to application being processed. They do not include rejected applications as these are no longer applications. There is also the time between the report and the time of the answer, that is almost 20 days lapse, and you will be surprised how many more illegal unlicensed restaurants can appear in 20 days.
MR. MACKENZIE:-Mr. Chairman, will it be possible to have a copy of this interim report of the Sub-Committee?
MR. NG: Mr. Chairman, I have tabled one. Anyone who wants one can have a copy I am sure.
MRS. C. J. SYMONS:-Mr. Chairman, I would like to ask a supplementary. In one of the figures given by Mr. NG, where he said, "125 restaurants, etc., are unsuitable for the grant of a licence", may I take it that they will always be unsuitable? If the answer is "yes," is it possible to have such a list gazetted from time to time so that members of the public may be made aware of which restaurant, though operating as restaurants, are licensed. I think we owe it to the public to let them know which of them are unlicensed. No one generally has time to go and look for a license in a restaurant, but if these people have applied, but the Law does not allow them to operate, may I suggest that we make a list. I don't know whether legally this is possible.
MR. NG: The Committee will certainly note it, but judging from the mentality of some of our residents in Hong Kong, to gazette unlicensed restaurants might even give them free advertisement. (Laughter).
MR. C. C. SIN:-Mr. Chairman, I would like ask a supplemen- tary. Of the 270 restaurants referred to in paragraph 2, can the Council be told how long they have been in operation?
MR. NG: Mr. Chairman, 270 restaurants?
MR. SIN: Yes, there are at present 270 restaurants without licenses in the urban areas.
MR. NG: Mr. Chairman, if Mr. SIN will refer to paragraph 2 of the monthly report he will see a table; as I say the table is not comprehensive and in line with my answer, but certainly they are there in paragraph 2. It varies any where from under three months to over three years.
MR. SIN: May we be told why restaurants may be allowed to operate for three years or less?
No comments yet.
Private notes are available after approval.