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HONG KONG URBAN COUNCIL

MR SHUM (in Cantonese):-Mr Chairman, I would like to clarify the question by Mr BERNACCHI. Is he asking the cancellation of the licence of the one who is the subletter or the original licence holder?

MR BERNACCHI (in English):-I mean that when reports are received in fact by sub-licensees, say, coming to the Hawkers Office, saying that 'my landlord, i.e. the Council's licensee is attempting to take back the licence which I hold on sub-licence', what is the Council's attitude in those cases, i.e. do nothing, or cancel the licence entirely, or cancel the licence of the licensee of the Council and give it to the sub-licensee who is the actual operator on the ground?

MR SHUM (in Cantonese):-Mr Chairman, according to our by-laws, a licence cannot be transferred, as I said, unless the licensee is dead, then the genuine assistant could succeed to the licence, but they cannot sublet a licence, in which case, the licence would be cancelled.

MR BERNACCHI (in English):-I think the Chairman of the Street Traders Select Committee and I are on slightly different 'wave-lengths'. I know that a licence cannot be transferred. Whether it was a good policy or a bad policy, I have my own doubts. At one time, there was a policy in which we cancelled the licence that had been sublet and we issued another licence automatically to the real operator, who was, in most cases, the sub-licensee and it came to light because the licensee was endeavouring to get back the licence from the sub-licensee.

CHAIRMAN (in English):-After having sold it or passed away? But the point that Mr SHUM made is that the Council does not recognize subletting at all and where it exists, the person who sublets has no right in the first place except in the circumstances he outlined in his reply.

MR SHUM (in Cantonese):-Mr Chairman, that is correct. Our present policy is if the licensee does not operate himself the licence would be cancelled.

MR F. K. Hu (in English):-Mr Chairman, maybe as Chairman of the Hawkers Sub-Committee, I can clarify the situation to make it clearer. When there is evidence that there is subletting and the department receives complaints from the one who sublets his licence, the department will give notice to the original licence holder to resume operation and in the meantime they will carry on observation. If during the observation period, the original licence holder has not been operating the stall personally, then the licence will be cancelled. The question of succession is a separate matter. Then the one who is supposed to be the genuine operator, he can apply for a licence separately. On the other hand, if during the observation period, the original licence holder is found to be operating the stall personally, then he is allowed to keep the licence.

HONG KONG URBAN COUNCIL

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CHAIRMAN (in English):-The particulars are given in the last part of the answer.

7 MR HILTON CHEONG-LEEN asked the following question (in Cantonese):-Is the Urban Council taking steps to issue licenses to a number of unlicensed hawkers in a realistic manner, while at the same time actively planning to control unlicensed hawking which causes serious obstruction or other environmental problems?

MR SHUM CHOI-SANG, CHAIRMAN OF THE STREET TRADERS SELECT COMMITTEE, replied as follows (in Cantonese): This question concerns the Urban Council's policy on unlicensed hawkers.

Any realistic licensing policy for hawkers whether licensed or unlicensed must take into account two factors: firstly, the availability of adequate staff to enforce the policy, and, secondly, the availability of suitable sites from which hawkers can carry on their lawful business without causing obstruction or inconvenience to the general public.

The Council is at present taking positive steps to increase its enforcement staff in all urban districts and also to provide more trading facilities in markets, both temporary and permanent.

In the short term, the Council is also taking steps to bring order to those on-street areas where hawking will continue. As and when adequate sites are available and the Council is in a position to stop unlicensed hawking, it will be possible for the Council to re-examine its present policy which is to issue no new licences except in particular cases. I should stress that, in my view, this will only be possible as part of a gradual and phased process which will be linked to the construction of new markets in particular areas and the build-up of the General Duties Teams, which will, in future, be responsible for control work in hawker areas.

MR CHEONG-LEEN (in Cantonese):-I would like to ask Mr SHUM, would there be any increase in unlicensed hawkers this year?

MR SHUM (in Cantonese): Did you say Hawker Control Teams?

MR CHEONG-LEEN (in Cantonese):-No. I mean unlicensed hawkers. Will the number of unlicensed hawkers increase this year?

MR SHUM (in Cantonese):-Mr Chairman, as we have no estimate in the number of unlicensed hawkers, but according to my guess, the number of unlicensed hawkers will decrease this year because of the demand from industry.

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