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other purposes during the day and whether the depart-ment is aware of the situation and takes action to stop illegal activities. From time to time, the department dis-covers unlicensed restaurants which carry on their business only after normal office hours. Some come to notice during the course of regular night visits and others are discovered as the result of routine house inspections, district patrols, referrals from other Government depart-ments or complaints lodged by members of the public. Prosecutions, either by way of summons or by summary arrest, are constantly being instituted against unlicensed restaurants discovered by the department. Once an un-licensed restaurant is found operating outside normal office hours, a special note is made in the case file and the premises concerned are subjected to frequent surprise checks by the staff at the prime business hours. Legal action is then taken against the operator until the illegal activity ceases. If an unlicensed business is found to be operating in direct association with a restaurant already licensed by the Council, the record of convictions of the unlicensed business is also registered against the licensee of the licensed restaurant. This serves to discourage the licensee from repeating offences as three consecutive con-victions registered against the same licensed premises within a period of twelve months may lead to suspension of the licence.
MISS YEUNG (In Cantonese):-Mr. Chairman, I would like to ask a supplementary question. That is once we have discovered unlicensed premises which are doing business as a restaurant outside normal business hours, what would be the immediate action we would take?
DR. WONG (in English):-Mr. Chairman, I think the department know how to tackle these cases.
MR. B. A. BERNACCHI (in English):-Mr. Chairman, I would like to ask the Chairman, through you, what is the distinction in his mind between an unlicensed restaurant operator operating outside normal business hours and a hawker. In other words, indeed, what is the distinction from this Council's point of view?
CHAIRMAN (in English):--That is not in accordance with Standing Order 12(15) which refers to elucidation on a main question. You are asking Dr. WONG for an opinion on the distinction between an unlicensed restaurant and a hawker. No hawker was mentioned originally. (Laughter)
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MR. BERNACCHI (in English):-The hawker, I am not asking for an opinion. I am asking him for a statement of fact.
CHAIRMAN (in English): --Mr. BERNACCHI, you are the senior elected member and you know you are out of order. (Laughter)
MISS YEUNG (in Cantonese):-Mr. Chairman, from the reply by Dr. WONG, saying that the licensee will be taken action against, but what if the licensee is only one of the fokis?
DR. WONG (in English):-Mr. Chairman, I think it is the licensee who should be responsible for all the actions.
MR. PETER C. K. CHAN (in Cantonese):-From newspaper reports, whenever we take action against unlicensed restaurant according to these reports, once we find the operator we will take him to the police station. Can Dr. WONG say whether the normal action is as such.
DR. WONG (in English):—Mr. Chairman, I think this question had been discussed before and the procedure was to bring the responsible person to an appropriate department for discussion.
CHAIRMAN (in English):-Any other supplementary questions? If not, perhaps Mr. BERNACCHI might now like to put one within the terms of Standing Orders. (Laughter)
MR. BERNACCHI (in English):-I am contented.
MOTIONS
(1) MR. SHUM CHOI-SANG, CHAIRMAN OF THE HAWKERS SELECT COM-MITTEE, moved the following motion:-
"RESOLVED that the Hawker (Permitted Area) (Amendment) Declaration 1978 be made under By-law 4(1) of the Haw-ker By-laws."
He said (in Cantonese):—Mr. Chairman, I rise to move the motion standing on my name:-
"THAT the Hawker (Permitted Area) (Amendment) Declara-tion 1978 be made under By-law 4(1) of the Hawker By-laws."
This amendment to the Schedule to the Hawker (Permitted Area) Declaration 1975 revokes the setting aside of a section of Cheung Wong Road between House Nos. 9A and 15B as a Hawker Permitted Area. This section of the road is required for use as a loading and unloading
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other purposes during the day and whether the depart- ment is aware of the situation and takes action to stop illegal activities. From time to time, the department dis- covers unlicensed restaurants which carry on their business only after normal office hours. Some come to notice during the course of regular night visits and others are discovered as the result of routine house inspections, district patrols, referrals from other Government depart- ments or complaints lodged by members of the public. Prosecutions, either by way of summons or by summary arrest, are constantly being instituted against unlicensed restaurants discovered by the department. Once an un- licensed restaurant is found operating outside normal office hours, a special note is made in the case file and the premises concerned are subjected to frequent surprise checks by the staff at the prime business hours. Legal action is then taken against the operator until the illegal activity ceases. If an unlicensed business is found to be operating in direct association with a restaurant already licensed by the Council, the record of convictions of the unlicensed business is also registered against the licensee of the licensed restaurant. This serves to discourage the licensee from repeating offences as three consecutive con- victions registered against the same licensed premises within a period of twelve months may lead to suspension of the licence.
MISS YEUNG (In Cantonese):-Mr. Chairman, I would like to ask a supplementary question. That is once we have discovered unlicensed premises which are doing business as a restaurant outside normal business hours, what would be the immediate action we would take?
DR. WONG (in English):-Mr. Chairman, I think the department know how to tackle these cases.
MR. B. A. BERNACCHI (in English):-Mr. Chairman, I would like to ask the Chairman, through you, what is the distinction in his mind between an unlicensed restaurant operator operating outside normal business hours and a hawker. In other words, indeed, what is the distinction from this Council's point of view?
CHAIRMAN (in English):--That is not in accordance with Standing Order 12(15) which refers to elucidation on a main question. You are asking Dr. WONG for an opinion on the distinction between an unlicensed restaurant and a hawker. No hawker was mentioned originally. (Laughter)
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MR. BERNACCHI (in English):-The hawker, I am not asking for an opinion. I am asking him for a statement of fact.
CHAIRMAN (in English): --Mr. BERNACCHI, you are the senior elected member and you know you are out of order. (Laughter)
MISS YEUNG (in Cantonese):-Mr. Chairman, from the reply by Dr. WONG, saying that the licensee will be taken action against, but what if the licensee is only one of the fokis?
DR. WONG (in English):-Mr. Chairman, I think it is the licensee who should be responsible for all the actions.
MR. PETER C. K. CHAN (in Cantonese):-From newspaper reports, whenever we take action against unlicensed restaurant according to these reports, once we find the operator we will take him to the police station. Can Dr. WONG say whether the normal action is as such.
DR. WONG (in English):—Mr. Chairman, I think this question had been discussed before and the procedure was to bring the responsible person to an appropriate department for discussion.
CHAIRMAN (in English):-Any other supplementary questions? If not, perhaps Mr. BERNACCHI might now like to put one within the terms of Standing Orders. (Laughter)
MR. BERNACCHI (in English):-I am contented.
MOTIONS
(1) MR. SHUM CHOI-SANG, CHAIRMAN OF THE HAWKERS SELECT COM- MITTEE, moved the following motion:-
"RESOLVED that the Hawker (Permitted Area) (Amendment) Declaration 1978 be made under By-law 4(1) of the Haw- ker By-laws."
He said (in Cantonese):—Mr. Chairman, I rise to move the motion standing on my name:-
"THAT the Hawker (Permitted Area) (Amendment) Declara- tion 1978 be made under By-law 4(1) of the Hawker By-laws."
This amendment to the Schedule to the Hawker (Permitted Area) Declaration 1975 revokes the setting aside of a section of Cheung Wong Road between House Nos. 9A and 15B as a Hawker Permitted Area. This section of the road is required for use as a loading and unloading
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