1977 — Page 95

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HONG KONG URBAN COUNCIL

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HONG KONG URBAN COUNCIL

153

PAPERS

The following papers were laid on the table: -

(1) Report to the Urban Council by the Director of Urban Services and Secretary, Urban Council, for the month of October, 1977.

(2) Statistical Report for 1976-77.

QUESTION

MR. PETER P. F. CHAN asked the following question (in English): -

(a) It was reported on the one of the most popular daily newspapers on 30th October that a cooked-food stall in Kowloon was transferred at a consideration of over $100,000. A copy of the press report is herewith enclosed and will be tabled. May I ask that an investigation be made of such transfer and may I know whether this Council is going to review its policy on these transfers and whether or not these cooked-food stalls should be licensed as street-side restaurants?

Appendix I

(b) In view that the holders make such huge profits, can consideration be given (1) to increase licence fees; (2) to ban all forms of transfer and (3) either to restrict the operation to the licensee or to auction all leases of future cooked-food stalls?

DR. THE HON. HENRY H. L. HU, CHAIRMAN OF THE HAWKERS SELECT COMMITTEE, replied as follows (in English):-

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The first part of this question refers to a newspaper report that a cooked-food stall in Mong Kok was transferred for a consideration of over $100,000. Under the Urban Council's present policy, the transfer of hawker licences is not allowed and By-law 13 of the Hawker By-laws states expressly that any such transfer or purported transfer is of no effect. In fact, the case referred to in the press report is probably one of illegal sub-letting and, if so, it may not be easy to obtain concrete evidence that the stall has changed hands. However, I agree that the report needs to be investigated and I have asked the Department to go ahead with this.

Although transfers are prohibited, the Council does, in certain cases, allow widows or widowers or registered assistants to succeed to licences.

The first part of this question also includes a suggestion that cooked-food stalls should be licensed as street-side restaurants. Because of the wide difference between the licensing conditions for restaurants and those for cooked- food stalls, I see considerable difficulty in this proposal, but I would not wish to rule out the possibility of some change in the system of licensing which is applied to cooked-food stalls. Here again, I feel that the matter is one for the Council as a whole to consider as it involves a change of policy.

The second part of this question contains three separate suggestions, firstly that the fees for licensed cooked-food stalls should be increased, secondly, that all forms of transfer should be banned and, thirdly, that the operation of stalls should either be restricted to licensees or that all leases of all future cooked-food stalls should be auctioned. The first of these points is one which will have to be considered by the Hawkers Select Committee of this Council. I have already partly covered the second point earlier in my reply and I also intend to refer it to the Hawkers Select Committee. As regards the third point, the operation of cooked-food stalls is already re- stricted to licensees or to registered assistants nominated by them, and in this respect, I do not believe that any change is required. Finally, I do not believe that it would be appropriate at this stage to auction the leases of on-street cooked-food stalls since it is the policy of the Council that the number of these stalls should be gradually reduced. No new licences for these stalls have been issued for some time and I believe that, whenever possible, existing licences should be terminated rather than allowed to pass into other hands. However, I agree that these points should be fully considered by the appropriate Select Committees as it is necessary to review our policy in the light of changed circumstances and the expectation of a better environment and higher health standards by the community in general.

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