1971 — Page 57

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 57 of 242

HONG KONG URBAN COUNCIL

The following categories of people are eligible for addition to the nominal roll on licences:

(i) parents over 55 years of age, or a parent who is a widow or permanently disabled or an invalid;

(ii) parents (of any age) of dependent children listed on the licence if they were abroad at the time the licence was approved;

(iii) wives and dependent children of any male person shown on the licence. Male children under 18 and female children under 21 will be considered as dependants;

(iv) male and female relatives of any age who are genuinely dependent on any person shown on the licence;

(v) husbands of women listed on the licence;

(vi) children born to licensees or authorized dependants after admission to the licensed area;

(vii) in the case of Class II licensed areas only, any other person subject to the prior written approval of the Administrative Officer, Squatter Control after he has investigated the reasons for addition.

Residents in licensed areas are required to abide by the licence conditions set out at the back of the licence laid down by the Resettlement Regulations. One of these (Condition 4(a)) is that "the licensee shall not permit any person other than the dependants named in the licence to reside in his structure without the permission in writing of an authorized officer". Since the additions policy covers most persons who are likely to be dependent on the licensee, a serious view is taken if he allows non-related persons to take over or share the hut. In this event, and if the licensee fails to comply with a written warning letter issued by this department to rectify the situation within forty-eight hours, a revocation of licence may be instituted. This additions policy is not applicable to resettlement estates. The policy applicable to resettlement estates is laid down by the relevant select committees to whom this Council has delegated its statutory authority.

MR. P. F. CHAN:-Thank you.

(2) MISS CECILIA L. Y. YEUNG asked the following question:

Can we receive an assurance from you, Mr. Chairman, that there will be no licensing of restaurants or cafes within the jurisdiction of Urban Council in which topless ladies are serving in bars adjacent thereto without consulting the Urban Council?

MR. PETER P. K. NG, CHAIRMAN OF THE FOOD AND FOOD PREMISES SELECT COMMITTEE, replied as follows:

I am unable to give the assurance called for in this question. The Urban Council is the licensing authority for restaurants and has powers, under the Public Health and Urban Services Ordinance, to impose requirements to protect public health and to ensure the maintenance of hygienic standards in restaurants. It is not within the Council's jurisdiction to refuse a licence on moral grounds.

MR. BERNACCHI: Mr. Chairman, had the Attorney General's Department been consulted before Mr. NG gave this answer?

MR. PETER P. K. NG:-Mr. Chairman, the answer is Yes.

MR. BERNACCHI:-And the Attorney General's Department gave the advice which is given in the last sentence of this answer?

MR. NG: That is correct, Sir.

MR. BERNACCHI:-Mr. Chairman, where does moral grounds cease and public health grounds or hygienic standards begin?

CHAIRMAN:-I would need notice of that question—if it is not out of order, Mr. BERNACCHI.

MR. SALES: Mr. Chairman, is Mr. BERNACCHI implying that the Attorney General is the custodian of public morality when he asks a supplementary question of my Friend, Mr. Peter NG?

MR. CHEONG-LEEN:-Mr. Chairman, simply to be sure where we are, could I ask Mr. NG to clarify his last sentence of the reply which says that "it is not within the Council's jurisdiction to refuse a licence on moral grounds". What about immoral grounds?

MR. NG: Mr. Chairman, I am sure Mr. CHEONG-LEEN knows the answer better than I do. (Laughter). Most of the bars in question are lying within his Ward in the Golden Mile.

MR. CHEONG-LEEN: Mr. Chairman, since most of the premises concerned are within the Tsim Sha Tsui Ward for which Mr. SALES and I are responsible... (Laughter).

MR. SALES: Mr. Chairman, there is a division of labour between Mr. CHEONG-LEEN and myself, he looks after the topless bars and I look after the other bars. (Laughter).

MR. CHEONG-LEEN:---Not the bottomless, Mr. Chairman?

HONG KONG URBAN COUNCIL

Page 58 of 242

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Page 57 of 242 94 HONG KONG URBAN COUNCIL The following categories of people are eligible for addition to the nominal roll on licences: (i) parents over 55 years of age, or a parent who is a widow or permanently disabled or an invalid; (ii) parents (of any age) of dependent children listed on the licence if they were abroad at the time the licence was approved; (iii) wives and dependent children of any male person shown on the licence. Male children under 18 and female children under 21 will be considered as dependants; (iv) male and female relatives of any age who are genuinely dependent on any person shown on the licence; (v) husbands of women listed on the licence; (vi) children born to licensees or authorized dependants after admission to the licensed area; (vii) in the case of Class II licensed areas only, any other person subject to the prior written approval of the Administrative Officer, Squatter Control after he has investigated the reasons for addition. Residents in licensed areas are required to abide by the licence conditions set out at the back of the licence laid down by the Resettlement Regulations. One of these (Condition 4(a)) is that "the licensee shall not permit any person other than the dependants named in the licence to reside in his structure without the permission in writing of an authorized officer". Since the additions policy covers most persons who are likely to be dependent on the licensee, a serious view is taken if he allows non-related persons to take over or share the hut. In this event, and if the licensee fails to comply with a written warning letter issued by this department to rectify the situation within forty-eight hours, a revocation of licence may be instituted. This additions policy is not applicable to resettlement estates. The policy applicable to resettlement estates is laid down by the relevant select committees to whom this Council has delegated its statutory authority. MR. P. F. CHAN:-Thank you. (2) MISS CECILIA L. Y. YEUNG asked the following question: Can we receive an assurance from you, Mr. Chairman, that there will be no licensing of restaurants or cafes within the jurisdiction of Urban Council in which topless ladies are serving in bars adjacent thereto without consulting the Urban Council? MR. PETER P. K. NG, CHAIRMAN OF THE FOOD AND FOOD PREMISES SELECT COMMITTEE, replied as follows: I am unable to give the assurance called for in this question. The Urban Council is the licensing authority for restaurants and has powers, under the Public Health and Urban Services Ordinance, to impose requirements to protect public health and to ensure the maintenance of hygienic standards in restaurants. It is not within the Council's jurisdiction to refuse a licence on moral grounds. MR. BERNACCHI: Mr. Chairman, had the Attorney General's Department been consulted before Mr. NG gave this answer? MR. PETER P. K. NG:-Mr. Chairman, the answer is Yes. MR. BERNACCHI:-And the Attorney General's Department gave the advice which is given in the last sentence of this answer? MR. NG: That is correct, Sir. MR. BERNACCHI:-Mr. Chairman, where does moral grounds cease and public health grounds or hygienic standards begin? CHAIRMAN:-I would need notice of that question—if it is not out of order, Mr. BERNACCHI. MR. SALES: Mr. Chairman, is Mr. BERNACCHI implying that the Attorney General is the custodian of public morality when he asks a supplementary question of my Friend, Mr. Peter NG? MR. CHEONG-LEEN:-Mr. Chairman, simply to be sure where we are, could I ask Mr. NG to clarify his last sentence of the reply which says that "it is not within the Council's jurisdiction to refuse a licence on moral grounds". What about immoral grounds? MR. NG: Mr. Chairman, I am sure Mr. CHEONG-LEEN knows the answer better than I do. (Laughter). Most of the bars in question are lying within his Ward in the Golden Mile. MR. CHEONG-LEEN: Mr. Chairman, since most of the premises concerned are within the Tsim Sha Tsui Ward for which Mr. SALES and I are responsible... (Laughter). MR. SALES: Mr. Chairman, there is a division of labour between Mr. CHEONG-LEEN and myself, he looks after the topless bars and I look after the other bars. (Laughter). MR. CHEONG-LEEN:---Not the bottomless, Mr. Chairman? 95 HONG KONG URBAN COUNCIL Page 58 of 242

Baseline (Original)

1242 Page 57 of 242 94 HONG KONG URBAN COUNCIL The following categories of people are eligible for addition to the nominal roll on licences: (i) parents over 55 years of age, or a parent who is a widow or permanently disabled or an invalid; (ii) parents (of any age) of dependent children listed on the licence if they were abroad at the time the licence was approved; (iii) wives and dependent children of any male person shown on the licence. Male children under 18 and female children under 21 will be considered as dependants; (iv) male and female relatives of any age who are genuinely dependent on any person shown on the licence; (v) husbands of women listed on the licence; (vi) children born to licensees or authorized dependants after admission to the licensed area; (vii) in the case of Class II licensed areas only, any other person subject to the prior written approval of the Administrative Officer, Squatter Control after he has investigated the reasons for addition. Residents in licensed areas are required to abide by the licence conditions set out at the back of the licence laid down by the Resettlement Regulations. One of these (Condi- tion 4(a)) is that "the licensee shall not permit any person other than the dependants named in the licence to reside in his structure without the permission in writing of an authorized officer". Since the additions policy covers most persons who are likely to be dependent on the licensee, a serious view is taken if he allows non-related persons to take over or share the hut. In this event, and if the licensee fails to comply with a written warning letter issued by this department to rectify the situation within forty eight hours, a revocation of licence may be instituted. This additions policy is not applicable to resettlement estates. The policy applicable to resettlement estates is laid down by the relevant select committees to whom this Council has delegated its statutory authority. MR. P. F. CHAN:-Thank you. (2) MISS CECILIA L. Y. YEUNG asked the following question:--- Can we receive an assurance from you, Mr. Chairman, that there will be no licensing of restaurants or cafes within HONG KONG URBAN COUNCIL 95 the jurisdiction of Urban Council in which topless ladies are serving in bars adjacent thereto without consulting the Urban Council? MR. PETER P. K. NG, CHAIRMAN OF THE FOOD AND FOOD Premises SELECT COMMITTEE, replied as follows:- I am unable to give the assurance called for in this question. The Urban Council is the licensing authority for restaur- ants and has powers, under the Public Health and Urban Services Ordinance, to impose requirements to protect public health and to ensure the maintenance of hygienic standards in restaurants. It is not within the Council's jurisdiction to refuse a licence on moral grounds. MR. BERNACCHI: Mr. Chairman, had the Attorney General's Department been consulted before Mr. NG gave this answer? MR. PETER P. K. NG:--Mr. Chairman, the answer is Yes. MR. BERNACCHI:-And the Attorney General's Department gave the advice which is given in the last sentence of this answer? MR. NG: That is correct, Sir. MR. BERNACCHI:-Mr. Chairman, where does moral grounds cease and public health grounds or hygienic standards begin? CHAIRMAN: -I would need notice of that question—if it is not out of order, Mr. BERNACCHI. MR. SALES: Mr. Chairman, is Mr. BERNACCHI implying that the Attorney General is the custodian of public morality when he asks a supplementary question of my Friend, Mr. Peter NG? MR. CHEONG-LEEN:-Mr. Chairman, simply to be sure where we are, could I ask Mr. NG to clarify his last sentence of the reply which says that "it is not within the Council's jurisdiction to refuse a licence on moral grounds". What about immoral grounds? MR. NG: Mr. Chairman, I am sure Mr. CHEONG-LEEN knows the answer better than I do. (Laughter). Most of the bars in question are lying within his Ward in the Golden Mile. MR. CHEONG-LEEN: Mr. Chairman, since most of the premises concerned are within the Tsim Sha Tsui Ward for which Mr. SALES and I are responsible . . . (Laughter). MR. SALES: Mr. Chairman, there is a division of labour between Mr. CHEONG-LEEN and myself, he looks after the topless bars and I look after the other bars. (Laughter). MR. CHEONG-LEEN:---Not the bottomless, Mr. Chairman?

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1242

Page 57 of 242

HONG KONG URBAN COUNCIL

The following categories of people are eligible for addition

to the nominal roll on licences:

(i) parents over 55 years of age, or a parent who is a

widow or permanently disabled or an invalid;

(ii) parents (of any age) of dependent children listed on the licence if they were abroad at the time the licence was approved;

(iii) wives and dependent children of any male person shown on the licence. Male children under 18 and female children under 21 will be considered as dependants;

(iv) male and female relatives of any age who are genuinely dependent on any person shown on the licence;

(v) husbands of women listed on the licence;

(vi) children born to licensees or authorized dependants

after admission to the licensed area;

Residents in licensed areas are required to abide by the licence conditions set out at the back of the licence laid down by the Resettlement Regulations. One of these (Condi- tion 4(a)) is that "the licensee shall not permit any person other than the dependants named in the licence to reside in his structure without the permission in writing of an authorized officer". Since the additions policy covers most persons who are likely to be dependent on the licensee, a serious view is taken if he allows non-related persons to take over or share the hut. In this event, and if the licensee fails to comply with a written warning letter issued by this department to rectify the situation within forty eight hours, a revocation of licence may be instituted. This additions policy is not applicable to resettlement estates. The policy applicable to resettlement estates is laid down by the relevant select committees to whom this Council has delegated its statutory authority.

MR. P. F. CHAN:-Thank you.

(2) MISS CECILIA L. Y. YEUNG asked the following question:---

Can we receive an assurance from you, Mr. Chairman, that there will be no licensing of restaurants or cafes within

HONG KONG URBAN COUNCIL

the jurisdiction of Urban Council in which topless ladies are serving in bars adjacent thereto without consulting the Urban Council?

MR. PETER P. K. NG, CHAIRMAN OF THE FOOD AND FOOD Premises SELECT COMMITTEE, replied as follows:-

I am unable to give the assurance called for in this question. The Urban Council is the licensing authority for restaur- ants and has powers, under the Public Health and Urban Services Ordinance, to impose requirements to protect public health and to ensure the maintenance of hygienic standards in restaurants. It is not within the Council's jurisdiction to refuse a licence on moral grounds. MR. BERNACCHI: Mr. Chairman, had the Attorney General's Department been consulted before Mr. NG gave this answer?

MR. PETER P. K. NG:--Mr. Chairman, the answer is Yes.

MR. BERNACCHI:-And the Attorney General's Department gave the advice which is given in the last sentence of this answer?

MR. NG: That is correct, Sir.

MR. BERNACCHI:-Mr. Chairman, where does moral grounds cease and public health grounds or hygienic standards begin?

CHAIRMAN: -I would need notice of that question—if it is not out of order, Mr. BERNACCHI.

MR. SALES: Mr. Chairman, is Mr. BERNACCHI implying that the Attorney General is the custodian of public morality when he asks a supplementary question of my Friend, Mr. Peter NG?

MR. NG: Mr. Chairman, I am sure Mr. CHEONG-LEEN knows the answer better than I do. (Laughter). Most of the bars in question are lying within his Ward in the Golden Mile.

MR. CHEONG-LEEN: Mr. Chairman, since most of the premises concerned are within the Tsim Sha Tsui Ward for which Mr. SALES and I are responsible . . . (Laughter).

MR. SALES: Mr. Chairman, there is a division of labour between Mr. CHEONG-LEEN and myself, he looks after the topless bars and I look after the other bars. (Laughter).

1971 — Page 57

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