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such acquisitions and looks forward to the support of all concerned in helping it to preserve this aspect of our local history.
MOTIONS
1 MR KENNETH T. C. LO, CHAIRMAN OF THE RECREATION AND AMENITIES SELECT COMMITTEE, moved the following motion:- RESOLVED that the Pleasure Grounds (Amendment) (No. 2) By-laws 1978 be made under section 109 of the Public Health and Urban Services Ordinance, Cap. 132.
He said (in English):- Mr Chairman, as Chairman of the Recreation and Amenities Select Committee, I rise to move the following motion standing in my name :-
'RESOLVED that Pleasure Grounds (Amendment) (No. 2) By-laws, 1978, be made under section 109 of the Public Health and Urban Services Ordinance, Cap. 132.'
These by-laws amend the Schedule to the principal by-laws by deleting the fixed opening and closing times from the scale of fees for the use of hard surfaced tennis courts so that the opening and closing hours may be determined more flexibly to suit public demand at different times of the year. No change of policy or fees is proposed.
MR F. K. HU, VICE-CHAIRMAN OF THE RECREATION AND AMENITIES SELECT COMMITTEE, (in English):- Mr Chairman, I have pleasure to second the motion.
The question was put.
The motion was carried unanimously.
2 MR EDMUND W. H. CHOW, CHAIRMAN OF THE FOOD HYGIENE SELECT COMMITTEE, moved the following motion :- 'RESOLVED that the Food Business (Amendment) (No 2) By-laws 1978, Frozen Confections (Amendment) By-laws 1978, and Milk (Amendment) By-laws 1978 be made under section 56 of the Public Health and Urban Services Ordinance, Cap. 132.'
He said (in Cantonese):— Mr Chairman, as Chairman of the Food Hygiene Select Committee, I rise to move the Food Business (Amendment), Frozen Confections (Amendment) and Milk (Amendment) By-laws, 1978.
The purpose of the Food Business (Amendment) (No 2) By-laws is four-fold. Firstly, by operating by-laws 1(2) and 2 of the Amendment By-laws on 1 December 1978, the definition of 'drink' under section 2 of the Principal Ordinance (which includes spring water, distilled water and aerated water) will become applicable and factories preparing these waters will be required to take out food factory licences to effect hygienic control. By-laws 3 and 4 remove the requirement for food handlers to be vaccinated against smallpox as this disease is no longer in existence in Hong Kong and the vaccination has no bearing whatsoever to food hygiene. By-law 5 gives the Council power to exempt certain types of food business, where the work process involves minimal or no health risks, e.g. that of the transfer of imported edible oil from drums into retail containers, from licensing. By-law 6 empowers the Council to exempt certain persons from obtaining separate permits for the sale of various types of restricted food when this is already allowed in accordance with the relevant subsidiary legislation under the principal ordinance (e.g. the sale of fresh meat in market stalls specially designed for the purpose). This will streamline procedures as far as practicable and dispense with unnecessary restrictions or requirements. By-law 7 increases the penalties for operating unlicensed food business to a fine of $10,000, 6 months' imprisonment and a daily penalty of $250 to enable magistrates to impose heavier penalties on offenders to deter operators of unlicensed food businesses.
The purpose of both the Frozen Confections (Amendment) and Milk (Amendment) By-laws also removes the requirement for food handlers engaged in frozen confections and milk trades to be vaccinated against smallpox and also increases the maximum penalties for operating unlicensed businesses.
Sir, I beg to move.
DR P. C. WONG, VICE-CHAIRMAN OF THE FOOD HYGIENE SELECT COMMITTEE, (in English): -- Mr Chairman, I second the motion.
MRS E. ELLIOTT (in English):- Mr Chairman, this motion is a package deal including such widely divergent matters, as licences, exemptions, inoculations and raises fines and terms of imprisonment. I am going to vote against the motion because of the final point, that is By-law 7, to increase penalties for operating so-called unlicensed food business. I have explained at the meeting of the Whole Council, that I am not unwilling to agree to measures to protect public health; but I am not willing to agree to measures that instead of protecting public health, will in fact preserve departmental red tape. For example, I know restaurants which cannot be licensed because they have no toilets, that is the law. But last week, I ate in a licensed restaurant in a housing estate and that restaurant has no toilet. There are other examples of discrimination, some for and some against and I am not prepared to send people to prison unless I am sure that the law is carried out without discrimination.
CHAIRMAN (in English):- Thank you. Does any other Member wish to speak on this motion? Mr Howard YOUNG.
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such acquisitions and looks forward to the support of all concerned in helping
it to preserve this aspect of our local history.
MOTIONS
1 MR KENNETH T. C. Lo, CHAIRMAN OF THE RECREATION AND AMENITIES SELECT COMMITTEE, moved the following motion:-RESOLVED that the Pleasure Grounds (Amendment) (No. 2) By-laws 1978 be made under section 109 of the Public Health and Urban Services Ordinance, Cap. 132.'
He said (in English):-Mr Chairman, as Chairman of the Recreation and Amenities Select Committee, I rise to move the following motion standing in my name :-
'RESOLVED that Pleasure Grounds (Amendment) (No. 2) By-laws, 1978, be made under section 109 of the Public Health and Urban Services Ordinance, Cap. 132.'
These by-laws amend the Schedule to the principal by-laws by deleting the fixed opening and closing times from the scale of fees for the use of hard surfaced tennis courts so that the opening and closing hours may be deter- mined more flexibly to suit public demand at different times of the year. No change of policy or fees is proposed.
MR F. K. HU, VICE-CHAIRMAN OF THE RECREATION AND AMENITIES SELECT COMMITTEE, (in English):-Mr Chairman, I have pleasure to second the motion.
The question was put.
The motion was carried unanimously.
2 MR EDMUND W. H. CHOW, CHAIRMAN OF THE FOOD HYGIENE SELECT COMMITTEE, moved the following motion :-'RESOLVED that the Food Business (Amendment) (No 2) By-laws 1978, Frozen Confections (Amend. ment) By-laws 1978, and Milk (Amendment) By-laws 1978 be made under section 56 of the Public Health and Urban Services Ordinance, Cap. 132.'
He said (in Cantonese):—Mr Chairman, as Chairman of the Food Hygiene Select Committee, I rise to move the Food Business (Amendment), Frozen Confections (Amendment) and Milk (Amendment) By-laws, 1978.
The purpose of the Food Business (Amendment) (No 2) By-laws is four- fold. Firstly, by operating by-laws 1(2) and 2 of the Amendment By-laws on 1 December 1978, the definition of 'drink' under section 2 of the Principal Ordinance (which includes spring water, distilled water and aerated water)
HONG KONG URBAN COUNCIL
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59
will become applicable and factories preparing these waters will be required wo take out food factory licences to effect hygienic control. By-laws 3 and 4 Is this disease is no longer in existence in Hong Kong and the vaccination remove the requirement for food handlers to be vaccinated against smallpox has no bearing whatsoever to food hygiene. By-law 5 gives the Council power to exempt certain type of food business, where the work process involves minimal or no health risks, eg that of the transfer of imported edible oil from drums into retail containers, from licensing. By-law 6 empowers the Council to exempt certain persons from obtaining separate permits for the sale of various types of restricted food when this is already allowed in accordance with the relevant subsidiary legislation under the principal ordinance (eg the sale of fresh meat in market stalls specially designed for the purpose). This will streamline procedures as far as practicable and dispense with unnecessary restrictions or requirements. By-law 7 increases the penalties for operating unlicensed food business to a fine of $10,000, 6 months' imprisonment and a daily penalty of $250 to enable magistrates to impose heavier penalties on offenders to deter operators of unlicensed food
businesses.
The purpose of both the Frozen Confections (Amendment) and Milk (Amendment) By-laws also removes the requirement for food handlers engaged in frozen confections and milk trades to be vaccinated against smallpox and also increases the maximum penalties for operating unlicensed businesses.
Sir, I beg to move.
DR P. C. WONG, VICE-CHAIRMAN OF THE FOOD HYGIENE SELECT COMMITTEE, (in English): --Mr Chairman, I second the motion.
MRS E. ELLIOTT (in English):-Mr Chairman, this motion is a package deal including such widely divergent matters, as licences, exemptions, inoculations and raises fines and terms of imprisonment. I am going to vote against the motion because of the final point, that is By-law 7, to increase penalties for operating so-called unlicensed food business. I have explained at the meeting of the Whole Council, that I am not unwilling to agree to measures to protect public health; but I am not willing to agree to measures that instead of protecting public health, will in fact preserve departmental red tape. For example, I know restaurants which cannot be licensed because they have no toilets, that is the law. But last week, I ate in a licensed restaurant in a housing estate and that restaurant has no toilet. There are other examples of discrimination, some for and some against and I am not prepared to send people to prison unless I am sure that the law is carried out without discrimination.
CHAIRMAN (in English):-Thank you. Does any other Member wish to speak on this motion? Mr Howard YOUNG.
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