1971 — Page 65

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 65 of 242

110

HONG KONG URBAN COUNCIL

14% were bad. For colouring matter 36.3% were bad; the monthly report page 4. And then for metallic contamination, 18.1% of the samples were bad. Will the Chairman of the Food and Food Premises Select Committee find it satisfactory or whether action should be taken?

MR. NG: Mr. Chairman, metallic contamination in the monthly report, I think this should be 4%, not 18%. It is only 4 cases, not 18%.

CHAIRMAN: Four out of twenty-two. We received twenty-two reports, so many bad, so many good.

DR. HUANG: Although the Chairman of Food and Food Premises gave an assurance that continuous action will be taken, does he feel that it is satisfactory that this particular food factory has been prosecuted on numerous occasions since December 1969 and is still doing business. Is this a satisfactory situation or not?

MR. NG: Mr. Chairman, I think we can only depend on the Courts to carry out an Order and also from the information I got the factory is now closed.

DR. HUANG: Thank you very much.

MR. BERNACCHI: Can consideration be given to changing the relevant ordinance to allow the Court to make a closure order instead of only a prohibitory Order in circumstances such as this as is revealed in this case including deliberate breach of a prohibitory order?

MR. NG: Mr. Chairman, there are provisions in our Ordinance for closure orders. I am sure if circumstances allow the Department would do it.

MR. BERNACCHI: And is the Department satisfied that the circumstances for making a closure order are adequate?

CHAIRMAN: Could I say, Mr. BERNACCHI, that we are aware of not being able to take effective action in this case and perhaps other cases. This particular problem is being looked at actively by the Department.

MR. BERNACCHI: Presumably, obviously if a closure order could have been applied for in this case, in the circumstances it would, so that presumably provisions for making a closure order are not at present satisfactory?

CHAIRMAN: No, they follow up on a prohibition order.

MR. SALES: Sir, to what extent and how soon does your Department take action in such cases by informing the Commerce and Industry Department so that they may exercise the powers that they have by not issuing Certificates of Origin to cover exports of such commodities?

HONG KONG URBAN COUNCIL

111

CHAIRMAN: I can't answer off-hand, Mr. SALES. The liaison is quite good, as far as I understand but I couldn't give an off-hand answer.

MR. SALES: Sir, would you look into this matter and let the Council have a paper.

CHAIRMAN: Yes.

MR. SALES: Thank you.

MRS. ELLIOTT: In the second paragraph it says "There are two known factories manufacturing these sweets. Samples have been taken from both for chemical analysis, and the results are awaited." It seems a long time ago. How long does it take for a chemical analysis?

CHAIRMAN: It depends, I think, on how many samples the chemist analysis and how difficult the analysis is.

MRS. ELLIOTT: In the meantime, Mr. Chairman, it could be killing people. Are they allowed to sell stock in the meantime or not?

MR. NG: Mr. Chairman, there is no proof that it is killing people for the time being.

MRS. ELLIOTT: Mr. Chairman, if there have been complaints, it would seem that stopping of sales is called for, is that not done?

CHAIRMAN: I should imagine if there was proof of this it would be done, Mrs. ELLIOTT, again I can't answer off-hand.

MRS. ELLIOTT: Mr. Chairman, I am asking about time because it seems such a very long time since it was publicized.

MR. C. K. CHAN: Mr. Chairman, has this factory actually applied for a licence and has not been granted or they don't even bother to send in their application?

MR. NG: Yes, Mr. Chairman, this factory has applied for a licence, in fact they have complied in all respects with the health requirements. It is only requirements from some other departments they have not complied with. That is why it is not licensed.

MRS. ELLIOTT: Mr. Chairman, it mentioned dirt, does that comply with the health requirement?

MR. NG: Mr. Chairman, dirt is a continuous matter and is part of the conditions and not part of the requirements.

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Page 65 of 242 110 HONG KONG URBAN COUNCIL 14% were bad. For colouring matter 36.3% were bad; the monthly report page 4. And then for metallic contamination, 18.1% of the samples were bad. Will the Chairman of the Food and Food Premises Select Committee find it satisfactory or whether action should be taken? MR. NG: Mr. Chairman, metallic contamination in the monthly report, I think this should be 4%, not 18%. It is only 4 cases, not 18%. CHAIRMAN: Four out of twenty-two. We received twenty-two reports, so many bad, so many good. DR. HUANG: Although the Chairman of Food and Food Premises gave an assurance that continuous action will be taken, does he feel that it is satisfactory that this particular food factory has been prosecuted on numerous occasions since December 1969 and is still doing business. Is this a satisfactory situation or not? MR. NG: Mr. Chairman, I think we can only depend on the Courts to carry out an Order and also from the information I got the factory is now closed. DR. HUANG: Thank you very much. MR. BERNACCHI: Can consideration be given to changing the relevant ordinance to allow the Court to make a closure order instead of only a prohibitory Order in circumstances such as this as is revealed in this case including deliberate breach of a prohibitory order? MR. NG: Mr. Chairman, there are provisions in our Ordinance for closure orders. I am sure if circumstances allow the Department would do it. MR. BERNACCHI: And is the Department satisfied that the circumstances for making a closure order are adequate? CHAIRMAN: Could I say, Mr. BERNACCHI, that we are aware of not being able to take effective action in this case and perhaps other cases. This particular problem is being looked at actively by the Department. MR. BERNACCHI: Presumably, obviously if a closure order could have been applied for in this case, in the circumstances it would, so that presumably provisions for making a closure order are not at present satisfactory? CHAIRMAN: No, they follow up on a prohibition order. MR. SALES: Sir, to what extent and how soon does your Department take action in such cases by informing the Commerce and Industry Department so that they may exercise the powers that they have by not issuing Certificates of Origin to cover exports of such commodities? HONG KONG URBAN COUNCIL 111 CHAIRMAN: I can't answer off-hand, Mr. SALES. The liaison is quite good, as far as I understand but I couldn't give an off-hand answer. MR. SALES: Sir, would you look into this matter and let the Council have a paper. CHAIRMAN: Yes. MR. SALES: Thank you. MRS. ELLIOTT: In the second paragraph it says "There are two known factories manufacturing these sweets. Samples have been taken from both for chemical analysis, and the results are awaited." It seems a long time ago. How long does it take for a chemical analysis? CHAIRMAN: It depends, I think, on how many samples the chemist analysis and how difficult the analysis is. MRS. ELLIOTT: In the meantime, Mr. Chairman, it could be killing people. Are they allowed to sell stock in the meantime or not? MR. NG: Mr. Chairman, there is no proof that it is killing people for the time being. MRS. ELLIOTT: Mr. Chairman, if there have been complaints, it would seem that stopping of sales is called for, is that not done? CHAIRMAN: I should imagine if there was proof of this it would be done, Mrs. ELLIOTT, again I can't answer off-hand. MRS. ELLIOTT: Mr. Chairman, I am asking about time because it seems such a very long time since it was publicized. MR. C. K. CHAN: Mr. Chairman, has this factory actually applied for a licence and has not been granted or they don't even bother to send in their application? MR. NG: Yes, Mr. Chairman, this factory has applied for a licence, in fact they have complied in all respects with the health requirements. It is only requirements from some other departments they have not complied with. That is why it is not licensed. MRS. ELLIOTT: Mr. Chairman, it mentioned dirt, does that comply with the health requirement? MR. NG: Mr. Chairman, dirt is a continuous matter and is part of the conditions and not part of the requirements. Page 65 Page 66 Page 66

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Page 65 of 242 110 HONG KONG URBAN COUNCIL 14% were bad. For colouring matter 36.3% were bad; the monthly report page 4. And then for metallic contamination, 18.1% of the samples were bad. Will the Chairman of the Food and Food Premises Select Committee find it satisfactory or whether action should be taken? MR. NG: Mr. Chairman, metallic contamination in the monthly report, I think this should be 4%, not 18%. It is only 4 cases, not 18%. CHAIRMAN:-Four out of twenty-two. We received twenty-two reports, so many bad, so many good. DR. HUANG:-Although the Chairman of Food and Food Premises gave an assurance that continuous action will be taken, does he feel that it is satisfactory that this particular food factory has been prosecuted on numerous occasions since December 1969 and is still doing business. Is this a satisfactory situation or not? MR. NG:-Mr. Chairman, I think we can only depend on the Courts to carry out an Order and also from the information I got the factory is now closed. DR. HUANG:-Thank you very much. MR. BERNACCHI :- Can consideration be given to changing the relevant ordinance to allow the Court to make a closure order instead of only a prohibitory Order in circumstances such as this as is revealed in this case including deliberate breach of a prohibitory order? MR. NG: Mr. Chairman, there are provisions in our Ordinance for closure orders. I am sure if circumstances allow the Department would do it. MR. BERNACCHI : -And is the Department satisfied that the cir- cumstances for making a closure order are adequate? CHAIRMAN:-Could I say, Mr. BERNACCHI, that we are aware of not being able to take effective action in this case and perhaps other This particular problem is being looked at actively by the cases. Department. MR. BERNACCHI:-Presumably, obviously if a closure order could have been applied for in this case, in the circumstances it would, so that presumably provisions for making a closure order are not at present satisfactory? CHAIRMAN: --No, they follow up on a prohibition order. MR. SALES: Sir, to what extent and how soon does your Depart- ment take action in such cases by informing the Commerce and Industry HONG KONG URBAN COUNCIL 111 Department so that they may exercise the powers that they have by not issuing Certificates of Origin to cover exports of such commodities? CHAIRMAN :—I can't answer off-hand, Mr. SALES. The liaison is quite good, as far as I understand but I couldn't give an off-hand answer. MR. SALES: Sir, would you look into this matter and let the Council have a paper. CHAIRMAN:-Yes. MR. SALES--Thank you. MRS. ELLIOTT: In the second paragraph it says "There are two known factories manufacturing these sweets. Samples have been taken from both for chemical analysis, and the results are awaited." It seems a long time ago. How long does it take for a chemical analysis? CHAIRMAN:-It depends, I think, on how many samples the chemist analysis and how difficult the analysis is. MRS. ELLIOTT:-In the meantime, Mr. Chairman, it could be killing people. Are they allowed to sell stock in the meantime or not? MR. NG: Mr. Chairman, there is no proof that it is killing people for the time being. MRS. ELLIOTT:-Mr. Chairman, if there have been complaints, it would seem that stopping of sales is called for, is that not done? CHAIRMAN:--I should imagine if there was proof of this it would be done, Mrs. ELLIOTT, again I can't answer off-hand. MRS. ELLIOTT:-Mr. Chairman, I am asking about time because it seems such a very long time since it was publicized. MR. C. K. CHAN:-Mr. Chairman, has this factory actually applied for a licence and has not been granted or they don't even bother to send in their application? MR. NG-Yes, Mr. Chairman, this factory has applied for a licence, in fact they have complied in all respects with the health requirements. It is only requirements from some other departments they have not complied with. That is why it is not licensed. MRS. ELLIOTT:-Mr. Chairman, it mentioned dirt, does that comply with the health requirement? MR. NG: Mr. Chairman, dirt is a continuous matter and is part of the conditions and not part of the requirements. Page 65Page 66

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Page 65 of 242

110

HONG KONG URBAN COUNCIL

MR. NG: Mr. Chairman, metallic contamination in the monthly report, I think this should be 4%, not 18%. It is only 4 cases, not 18%.

CHAIRMAN:-Four out of twenty-two. We received twenty-two reports, so many bad, so many good.

DR. HUANG:-Although the Chairman of Food and Food Premises gave an assurance that continuous action will be taken, does he feel that it is satisfactory that this particular food factory has been prosecuted on numerous occasions since December 1969 and is still doing business. Is this a satisfactory situation or not?

MR. NG:-Mr. Chairman, I think we can only depend on the Courts to carry out an Order and also from the information I got the factory is now closed.

DR. HUANG:-Thank you very much.

MR. BERNACCHI :- Can consideration be given to changing the relevant ordinance to allow the Court to make a closure order instead of only a prohibitory Order in circumstances such as this as is revealed in this case including deliberate breach of a prohibitory order?

MR. NG: Mr. Chairman, there are provisions in our Ordinance for closure orders. I am sure if circumstances allow the Department would do it.

MR. BERNACCHI : -And is the Department satisfied that the cir- cumstances for making a closure order are adequate?

CHAIRMAN:-Could I say, Mr. BERNACCHI, that we are aware of not being able to take effective action in this case and perhaps other This particular problem is being looked at actively by the

cases.

Department.

MR. BERNACCHI:-Presumably, obviously if a closure order could have been applied for in this case, in the circumstances it would, so that presumably provisions for making a closure order are not at present satisfactory?

CHAIRMAN: --No, they follow up on a prohibition order.

MR. SALES: Sir, to what extent and how soon does your Depart- ment take action in such cases by informing the Commerce and Industry

HONG KONG URBAN COUNCIL

111

Department so that they may exercise the powers that they have by not issuing Certificates of Origin to cover exports of such commodities?

CHAIRMAN :—I can't answer off-hand, Mr. SALES. The liaison is quite good, as far as I understand but I couldn't give an off-hand

answer.

MR. SALES: Sir, would you look into this matter and let the Council have a paper.

CHAIRMAN:-Yes.

MR. SALES--Thank you.

CHAIRMAN:-It depends, I think, on how many samples the chemist analysis and how difficult the analysis is.

MRS. ELLIOTT:-In the meantime, Mr. Chairman, it could be killing people. Are they allowed to sell stock in the meantime or not?

MR. NG: Mr. Chairman, there is no proof that it is killing people for the time being.

MRS. ELLIOTT:-Mr. Chairman, if there have been complaints, it would seem that stopping of sales is called for, is that not done?

CHAIRMAN:--I should imagine if there was proof of this it would be done, Mrs. ELLIOTT, again I can't answer off-hand.

MRS. ELLIOTT:-Mr. Chairman, I am asking about time because it seems such a very long time since it was publicized.

MR. C. K. CHAN:-Mr. Chairman, has this factory actually applied for a licence and has not been granted or they don't even bother to send in their application?

MR. NG-Yes, Mr. Chairman, this factory has applied for a licence, in fact they have complied in all respects with the health requirements. It is only requirements from some other departments they have not complied with. That is why it is not licensed.

MRS. ELLIOTT:-Mr. Chairman, it mentioned dirt, does that comply with the health requirement?

MR. NG: Mr. Chairman, dirt is a continuous matter and is part of the conditions and not part of the requirements.

1971 — Page 65

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