1978 — Page 125

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 125 of 135

210

HONG KONG URBAN COUNCIL

MR HOWARD H. W. YOUNG (in English):—Mr Chairman, does the Chairman of the Liquor Licensing Board, during the times when he actually chaired the Board, come across instances where the Police have no objection but the Home Affairs have objection, and therefore the applicants have spent a great deal of money in vain?

MR BERNACCHI (in English):—I have come across a case where the Police have no objection, the Fire Services have no objection, but the tenants have strong objection which are voiced by the City District Office. The matter is still subjudice, and I do not know whether the applicant himself has spent a lot of money on decorations, presumably, he has. Certainly in other cases, he would have before he applies for the issue of either a liquor licence or restaurant licence, which should not be, but is in fact, often done. So the answer is, yes I have, and we certainly pay great attention to the views of the other tenants. Whether or not we accept them, is entirely a matter the Licensing Board always acting quasi-judicially.

MR YOUNG (in English):—Mr Chairman, is the Chairman of the Board aware that at a particular meeting in November 22nd there was a case where the Police did not object and the residents did object, but the definite outcome was ruled in favour of the restaurant against the wishes of the residents?

MR BERNACCHI (in English):—There have been two recent cases. One was when I actually chaired the Board, the other was when my Vice-Chairman, Mr C. K. CHAN, chaired the Board. There was a third one when Mr Edmund CHOW chaired the Board last year, in which the decision of the Urban Council was reversed by the Governor-in-Council.

MRS E. ELLIOTT (in English):—Mr Chairman, before you resume the Annual Conventional Debate, I would like to rise on a point of clarification.

CHAIRMAN (in English):—On what subject?

MRS ELLIOTT (in English):—May I say...

CHAIRMAN (in English):—Please, but on what subject? On Questions?

MRS ELLIOTT (in English):—No, Mr Brook BERNACCHI, my senior colleague, elected colleague, tried to put forward a motion.

CHAIRMAN (in English):—I am sorry, you are out of order then. In the Annual Conventional Debate, Mr BERNACCHI mentioned that he was speaking for those who were walking out, so you relinquished your right to speak on that occasion. However, if you want to make a public statement you may do so, but not until item 5 on the agenda has been disposed of. We are now resuming the Annual Conventional Debate.

HONG KONG URBAN COUNCIL

211

MRS ELLIOTT (in English):—Mr Chairman, this has nothing to do with the Annual Conventional Debate.

CHAIRMAN (in English):—In which case, there is no provision on the agenda for you to make a statement.

MRS ELLIOTT (in English):—Mr Chairman, if you are going to rule me out of order we are going to walk out. But before we walk out, Mr Chairman, we would (cries of 'order, order') like to say, in general, we support the statement of aims.

CHAIRMAN (in English):—Item 5 on the agenda now. Mr BERNACCHI, I thought you might wish to walk out. So before I speak, would you please do so?

MISS CECILIA L. Y. YEUNG (in Cantonese):—Mr Chairman, I would like to say that I will walk out at the same time. However, on the agenda, besides item 5, I would support all other items, and also item No. 6.

CHAIRMAN (in English):—We would be most delighted to have the presence of such a gracious lady back. Would you like the Secretary to fetch you when we come to item 6 on the agenda? (Laughter).

(Mr B. A. Bernacchi, Mrs E. Elliott, Dr Denny M. H. Huang, Miss Cecilia L. Y. Yeung and Mr Tsin Sai-nin left at this point.) (cries of 'boring, boring')

RESUMPTION OF ANNUAL CONVENTIONAL DEBATE

CHAIRMAN (in English):—Item 5 of the agenda: resumption of the Annual Conventional Debate. The Chair exercises the right of reply under Standing Order 12, Section 17.

Many timely opinions and excellent reports were heard in this Annual Conventional Debate in eloquent testimony of the Council's genuine concern for the well-being of the people. All those dedicated members who share in what has been achieved for the good of Hong Kong have every reason to be gratified. More power to them who work so hard without being distracted by flights of fancy. Credit is also due to the directorate and staff of the Urban Services Department.

Indeed, sustained progress of a high order is the record. The Council scores by the simple combination of closely knit team-work with the support of an active department and the encouragement of a successful community. Work is done constantly for the protection of public health and the improvement of the environment while daily opportunities abound in cultural,

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Page 125 of 135 210 HONG KONG URBAN COUNCIL MR HOWARD H. W. YOUNG (in English):—Mr Chairman, does the Chairman of the Liquor Licensing Board, during the times when he actually chaired the Board, come across instances where the Police have no objection but the Home Affairs have objection, and therefore the applicants have spent a great deal of money in vain? MR BERNACCHI (in English):—I have come across a case where the Police have no objection, the Fire Services have no objection, but the tenants have strong objection which are voiced by the City District Office. The matter is still subjudice, and I do not know whether the applicant himself has spent a lot of money on decorations, presumably, he has. Certainly in other cases, he would have before he applies for the issue of either a liquor licence or restaurant licence, which should not be, but is in fact, often done. So the answer is, yes I have, and we certainly pay great attention to the views of the other tenants. Whether or not we accept them, is entirely a matter the Licensing Board always acting quasi-judicially. MR YOUNG (in English):—Mr Chairman, is the Chairman of the Board aware that at a particular meeting in November 22nd there was a case where the Police did not object and the residents did object, but the definite outcome was ruled in favour of the restaurant against the wishes of the residents? MR BERNACCHI (in English):—There have been two recent cases. One was when I actually chaired the Board, the other was when my Vice-Chairman, Mr C. K. CHAN, chaired the Board. There was a third one when Mr Edmund CHOW chaired the Board last year, in which the decision of the Urban Council was reversed by the Governor-in-Council. MRS E. ELLIOTT (in English):—Mr Chairman, before you resume the Annual Conventional Debate, I would like to rise on a point of clarification. CHAIRMAN (in English):—On what subject? MRS ELLIOTT (in English):—May I say... CHAIRMAN (in English):—Please, but on what subject? On Questions? MRS ELLIOTT (in English):—No, Mr Brook BERNACCHI, my senior colleague, elected colleague, tried to put forward a motion. CHAIRMAN (in English):—I am sorry, you are out of order then. In the Annual Conventional Debate, Mr BERNACCHI mentioned that he was speaking for those who were walking out, so you relinquished your right to speak on that occasion. However, if you want to make a public statement you may do so, but not until item 5 on the agenda has been disposed of. We are now resuming the Annual Conventional Debate. HONG KONG URBAN COUNCIL 211 MRS ELLIOTT (in English):—Mr Chairman, this has nothing to do with the Annual Conventional Debate. CHAIRMAN (in English):—In which case, there is no provision on the agenda for you to make a statement. MRS ELLIOTT (in English):—Mr Chairman, if you are going to rule me out of order we are going to walk out. But before we walk out, Mr Chairman, we would (cries of 'order, order') like to say, in general, we support the statement of aims. CHAIRMAN (in English):—Item 5 on the agenda now. Mr BERNACCHI, I thought you might wish to walk out. So before I speak, would you please do so? MISS CECILIA L. Y. YEUNG (in Cantonese):—Mr Chairman, I would like to say that I will walk out at the same time. However, on the agenda, besides item 5, I would support all other items, and also item No. 6. CHAIRMAN (in English):—We would be most delighted to have the presence of such a gracious lady back. Would you like the Secretary to fetch you when we come to item 6 on the agenda? (Laughter). (Mr B. A. Bernacchi, Mrs E. Elliott, Dr Denny M. H. Huang, Miss Cecilia L. Y. Yeung and Mr Tsin Sai-nin left at this point.) (cries of 'boring, boring') RESUMPTION OF ANNUAL CONVENTIONAL DEBATE CHAIRMAN (in English):—Item 5 of the agenda: resumption of the Annual Conventional Debate. The Chair exercises the right of reply under Standing Order 12, Section 17. Many timely opinions and excellent reports were heard in this Annual Conventional Debate in eloquent testimony of the Council's genuine concern for the well-being of the people. All those dedicated members who share in what has been achieved for the good of Hong Kong have every reason to be gratified. More power to them who work so hard without being distracted by flights of fancy. Credit is also due to the directorate and staff of the Urban Services Department. Indeed, sustained progress of a high order is the record. The Council scores by the simple combination of closely knit team-work with the support of an active department and the encouragement of a successful community. Work is done constantly for the protection of public health and the improvement of the environment while daily opportunities abound in cultural, Page 125 Page 126 of 135
Baseline (Original)
Page 125 of 135 Page 125 of 139 210 HONG KONG URBAN COUNCIL MR HOWARD H. W. YOUNG (in English):—Mr Chairman, does the Chairman of the Liquor Licensing Board, during the times when he actually chaired the Board, come across instances where the Police have no objection but the Home Affairs have objection, and therefore the applicants have spent a great deal of money in vain? MR BERNACCHI (in English):—I have come across a case where the Police have no objection, the Fire Services have no objection, but the tenants have strong objection which are voiced by the City District Office. The matter is still subjudice, and I do not know whether the applicant himself has spent a lot of money on decorations, presumably, he has. Certainly in other cases, he would have before he applies for the issue of either a liquor licence or restaurant licence, which should not be, but is in fact, often done. So the answer is, yes I have, and we certainly pay great attention to the views of the other tenants. Whether or not we accept them, is entirely a matter the Licensing Board always acting quasi-judicially. MR YOUNG (in English):—Mr Chairman, is the Chairman of the Board aware that at a particular meeting in November 22nd there was a case where the Police did not object and the residents did object, but the definite out- come was ruled in favour of the restaurant against the wishes of the residents? MR BERNACCHI (in English):-There have been two recent cases. One was when I actually chaired the Board, the other was when my Vice-Chairman, Mr C. K. CHAN, chaired the Board. There was a third one when Mr Edmund CHOW chaired the Board last year, in which the decision of the Urban Council was reversed by the Governor-in-Council. MRS E. ELLIOTT (in English):-Mr Chairman, before you resume the Annual Conventional Debate, I would like to rise on a point of clarification. CHAIRMAN (in English):—On what subject? MRS ELLIOTT (in English):-May I say . . CHAIRMAN (in English):-Please, but on what subject? On Questions? MRS ELLIOTT (in English):-No, Mr Brook BERNACCHI, my senior colleague, elected colleague, tried to put forward a motion. CHAIRMAN (in English):-I am sorry, you are out of order then. In the Annual Conventional Debate, Mr BERNACCHI mentioned that he was speaking for those who were walking out, so you relinquished your right to speak on that occasion. However, if you want to make a public statement you may do so, but not until item 5 on the agenda has been disposed of. We are now resuming the Annual Conventional Debate. HONG KONG URBAN COUNCIL 211 MRS ELLIOTT (in English):-Mr Chairman, this has nothing to do with the Annual Conventional Debate. CHAIRMAN (in English):-In which case, there is no provision on the agenda for you to make a statement. MRS ELLIOTT (in English):-Mr Chairman, if you are going to rule me out of order we are going to walk out. But before we walk out, Mr Chairman, we would (cries of 'order, order') like to say, in general, we support the statement of aims. CHAIRMAN (in English):-Item 5 on the agenda now. Mr BERNACCHI, I thought you might wish to walk out. So before I speak, would you please do so? MISS CECILIA L. Y. YEUNG (in Cantonese): ----Mr Chairman, I would like to say that I will walk out at the same time. However, on the agenda, besides item 5, I would support all other items, and also item No. 6. CHAIRMAN (in English):-We would be most delighted to have the presence of such a gracious lady back. Would you like the Secretary to fetch you when we come to item 6 on the agenda? (Laughter). (Mr B. A. Bernacchi, Mrs E. Elliott, Dr Denny M. H. Huang, Miss Cecilia L. Y. Yeung and Mr Tsin Sai-nin left at this point.) (cries of 'boring, boring') RESUMPTION OF ANNUAL CONVENTIONAL DEBATE CHAIRMAN (in English):-Item 5 of the agenda: resumption of the Annual Conventional Debate. The Chair exercises the right of reply under Standing Order 12, Section 17. Many timely opinions and excellent reports were heard in this Annual Conventional Debate in eloquent testimony of the Council's genuine concern for the well-being of the people. All those dedicated members who share in what has been achieved for the good of Hong Kong have every reason to be gratified. More power to them who work so hard without being distracted by flights of fancy. Credit is also due to the directorate and staff of the Urban Services Department. Indeed, sustained progress of a high order is the record. The Council scores by the simple combination of closely knit team-work with the support of an active department and the encouragement of a successful community. Work is done constantly for the protection of public health and the improve- ment of the environment while daily opportunities abound in cultural, ----- Page 125Page 126 of
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Page 125 of 135

Page 125 of 139

210

HONG KONG URBAN COUNCIL

MR HOWARD H. W. YOUNG (in English):—Mr Chairman, does the Chairman of the Liquor Licensing Board, during the times when he actually chaired the Board, come across instances where the Police have no objection but the Home Affairs have objection, and therefore the applicants have spent a great deal of money in vain?

MR BERNACCHI (in English):—I have come across a case where the Police have no objection, the Fire Services have no objection, but the tenants have strong objection which are voiced by the City District Office. The matter is still subjudice, and I do not know whether the applicant himself has spent a lot of money on decorations, presumably, he has. Certainly in other cases, he would have before he applies for the issue of either a liquor licence or restaurant licence, which should not be, but is in fact, often done. So the answer is, yes I have, and we certainly pay great attention to the views of the other tenants. Whether or not we accept them, is entirely a matter the Licensing Board always acting quasi-judicially.

MR YOUNG (in English):—Mr Chairman, is the Chairman of the Board aware that at a particular meeting in November 22nd there was a case where the Police did not object and the residents did object, but the definite out- come was ruled in favour of the restaurant against the wishes of the residents?

MR BERNACCHI (in English):-There have been two recent cases. One was when I actually chaired the Board, the other was when my Vice-Chairman, Mr C. K. CHAN, chaired the Board. There was a third one when Mr Edmund CHOW chaired the Board last year, in which the decision of the Urban Council was reversed by the Governor-in-Council.

MRS E. ELLIOTT (in English):-Mr Chairman, before you resume the Annual Conventional Debate, I would like to rise on a point of clarification.

CHAIRMAN (in English):—On what subject?

MRS ELLIOTT (in English):-May I say . .

CHAIRMAN (in English):-Please, but on what subject? On Questions?

MRS ELLIOTT (in English):-No, Mr Brook BERNACCHI, my senior colleague, elected colleague, tried to put forward a motion.

CHAIRMAN (in English):-I am sorry, you are out of order then. In the Annual Conventional Debate, Mr BERNACCHI mentioned that he was speaking for those who were walking out, so you relinquished your right to speak on that occasion. However, if you want to make a public statement you may do so, but not until item 5 on the agenda has been disposed of. We are now resuming the Annual Conventional Debate.

HONG KONG URBAN COUNCIL

211

MRS ELLIOTT (in English):-Mr Chairman, this has nothing to do with the Annual Conventional Debate.

CHAIRMAN (in English):-In which case, there is no provision on the agenda for you to make a statement.

MRS ELLIOTT (in English):-Mr Chairman, if you are going to rule me out of order we are going to walk out. But before we walk out, Mr Chairman, we would (cries of 'order, order') like to say, in general, we support the statement of aims.

CHAIRMAN (in English):-Item 5 on the agenda now. Mr BERNACCHI, I thought you might wish to walk out. So before I speak, would you please

do so?

MISS CECILIA L. Y. YEUNG (in Cantonese): ----Mr Chairman, I would like to say that I will walk out at the same time. However, on the agenda, besides item 5, I would support all other items, and also item No. 6.

CHAIRMAN (in English):-We would be most delighted to have the presence of such a gracious lady back. Would you like the Secretary to fetch you when we come to item 6 on the agenda? (Laughter).

(Mr B. A. Bernacchi, Mrs E. Elliott, Dr Denny M. H. Huang, Miss Cecilia L. Y. Yeung

and Mr Tsin Sai-nin left at this point.) (cries of 'boring, boring')

RESUMPTION OF ANNUAL CONVENTIONAL DEBATE

CHAIRMAN (in English):-Item 5 of the agenda: resumption of the Annual Conventional Debate. The Chair exercises the right of reply under Standing Order 12, Section 17.

Many timely opinions and excellent reports were heard in this Annual Conventional Debate in eloquent testimony of the Council's genuine concern for the well-being of the people. All those dedicated members who share in what has been achieved for the good of Hong Kong have every reason to be gratified. More power to them who work so hard without being distracted by flights of fancy. Credit is also due to the directorate and staff of the Urban Services Department.

Indeed, sustained progress of a high order is the record. The Council scores by the simple combination of closely knit team-work with the support of an active department and the encouragement of a successful community. Work is done constantly for the protection of public health and the improve- ment of the environment while daily opportunities abound in cultural,

-----

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