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HONG KONG URBAN COUNCIL
MR HOWARD H. W. YOUNG (in English):--Mr Chairman, as it has been necessary to explain why one votes against the motion, I perhaps should put in a word on why I vote for the motion. I was at a Committee meeting when this point was brought up and I believe there was a case of so-called red tape where someone couldn't get a licence because he was a relative of the licensee who had died, etc. But at the meeting, I believe the Director of Urban Services did give an assurance to those Members present that such cases would be dealt with sensibly and there would be sufficient safeguards to prevent people from being prosecuted indiscriminately. On those grounds, therefore, I feel that it is in the public interest to protect public health and to vote for the package deal.
MRS ELLIOTT (in English):-May I rise on a point of clarification, Mr Chairman, that I was not talking about that case today, I mentioned a restaurant with no toilet.
DR HUANG (in Cantonese):-Mr Chairman, I always think that Hong Kong is too severe on the restriction of food business so that I am going to abstain on the voting.
CHAIRMAN (in English):-Who else wishes to speak before I ask Mr Edmund CHOW to exercise his right of reply?
MR CHOW (in Cantonese):-Mr Chairman, on the points raised by Mrs ELLIOTT and Dr HUANG on unlicensed food business being too severely penalized, although we are increasing the maximum penalty to $10,000 and the maximum imprisonment of six months, these are only the maximum penalties. If the magistrate should think that a certain person has a case, then the magistrate can use his discretion to lower the fine or the imprisonment and of course, it is only penalty or imprisonment, not necessarily penalty and imprisonment, so that the increase in the maximum penalty and maximum imprisonment has been discussed thoroughly by the Food Hygiene Select Committee for more than a year so that I can assure or explain to Mrs ELLIOTT and Dr HUANG that it does not mean that all cases will be given the maximum penalty and the magistrate has always the discretion.
The question was put.
The motion was carried with 15 votes for, 1 against and 5 abstentions. (The Chairman did not vote.)
Appendix I
Page 48 of 135
HONG KONG URBAN COUNCIL
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PUBLIC WORKS PROGRAMME EXPLANATORY NOTES
Category A: Projects for which authority has been given for the creation of a subhead and to proceed with working drawings (for building items) and call for tenders.
Category B: Projects the planning of which has commenced or may commence up to and including the preparation of sketch plans for building projects and working drawings for engineering projects.
Category C: Projects conforming with approved policy or which are otherwise agreed to merit adoption and which may be expected to enter Category B within three years.
ADJOURNMENT-4.47pm
CHAIRMAN (in English):-That concludes today's business. Council stands adjourned until Tuesday, 12 September 1978, at 4.00pm.
PRINTED AND PUBLISHED BY D. R. RICK, GOVERNMENT PRINTER
AT THE GOVERNMENT PRESS, Java ROAD, HONG KONG
Page 48 of 135
Page 48 of 135
60
HONG KONG URBAN COUNCIL
MR HOWARD H. W. YOUNG (in English):--Mr Chairman, as it has been necessary to explain why one votes against the motion, I perhaps should put in a word on why I vote for the motion. I was at a Committee meeting when this point was brought up and I believe there was a case of so-called red tape where someone couldn't get a licence because he was a relative of the licensee who had died, etc. But at the meeting, I believe the Director of Urban Services did give an assurance to those Members present that such cases would be dealt with sensibly and there would be sufficient safeguards to prevent people from being prosecuted indiscriminately. On those grounds, therefore, I feel that it is in the public interest to protect public health and to vote for the package deal.
MRS ELLIOTT (in English):-May I rise on a point of clarification, Mr Chairman, that I was not talking about that case today, I mentioned a restaurant with no toilet.
DR HUANG (in Cantonese):-Mr Chairman, I always think that Hong Kong is too severe on the restriction of food business so that I am going to abstain on the voting.
CHAIRMAN (in English):-Who else wishes to speak before I ask Mr Edmund CHOW to exercise his right of reply?
MR CHOW (in Cantonese):-Mr Chairman, on the points raised by Mrs ELLIOTT and Dr HUANG on unlicensed food business being too severely penalized, although we are increasing the maximum penalty to $10,000 and the maximum imprisonment of six months, these are only the maximum penalties. If the magistrate should think that a certain person has a case, then the magistrate can use his discretion to lower the fine or the imprison- ment and of course, it is only penalty or imprisonment, not necessarily penalty and imprisonment, so that the increase in the maximum penalty and maximum imprisonment has been discussed thoroughly by the Food Hygiene Select Committee for more than a year so that I can assure or explain to Mrs ELLIOTT and Dr HUANG that it does not mean that all cases will be given the maximum penalty and the magistrate has always the discretion.
The question was put.
The motion was carried with 15 votes for, 1 against and 5 abstentions. (The Chairman did not vote.)
Appendix I
Page 48 of 135
HONG KONG URBAN COUNCIL
61
PUBLIC WORKS PROGRAMME EXPLANATORY NOTES
Category A: Projects for which authority has been given for the creation of a subhead and to proceed with working drawings (for build- ing items) and call for tenders.
Category B: Projects the planning of which has commenced or may com- mence up to and including the preparation of sketch plans for building projects and working drawings for engineering projects.
Category C: Projects conforming with approved policy or which are other- wise agreed to merit adoption and which may be expected to enter Category B within three years.
ADJOURNMENT-4.47pm
CHAIRMAN (in English):-That concludes today's business. Council stands adjourned until Tuesday, 12 September 1978, at 4.00pm.
PRINTED AND PUBLISHED BY D. R. RICK, GOVERNMENT PRINTER
AT THE GOVERNMENT PRESS, Java ROAD, HONG KONG
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