Page 54 of 120
76
HONG KONG URBAN COUNCIL
(a) deleting the following trades which are either obsolete or a repetition under a different description:-
(1) Wood oil extraction;
(2) Manufacture of batteries; and
(3) Burning of oil for production of soot or lampblack;
(b) the replacement of the trade 'Processing of fish or parts of fish including sharks' fins' by dividing it into two offensive trades, namely:-
(1) Processing of sharks' fins; and (2) Processing of fish meal; and
(c) the addition of a new offensive trade, namely, 'Manufacture of gluten reduced starch (Tung Min) by fermentation process'.
Under the existing By-law 4 of the Offensive Trades By-laws, no person is allowed to carry on certain specified offensive trades except within the offensive trades areas as delineated by the Council. These gazetted areas are:
(a) Hong Kong:– Kennedy Town, Shau Kei Wan, Tin Wan (Aberdeen)
(b) Kowloon: To Kwa Wan, Tai Kok Tsui, Cheung Sha Wan, Yau Tong
Following detailed discussions by all the Government departments concerned, it has been agreed that the old concept of 'offensive trade zones' should be abandoned owing to the fact that these areas had been set aside a very long time ago and are no longer really suitable as they have been overtaken by urban development. This proposed amendment will also enable the Authority to bring the existing unlicensed but tolerated offensive trades such as the processing of sharks' fins outside these areas under effective legislative control through licensing.
The Select Committee has therefore decided that all offensive trade areas in the urban areas should be degazetted by amending By-law 4 of the Offensive Trades By-laws and that any person who desires to carry on any offensive trade should satisfy the Council in respect of the site selected and the licensing requirements and conditions thereof.
In order to alleviate the difficulties that may be encountered by the operators of certain offensive trades which have hitherto been tolerated by the Council or which will be newly listed in the revised declaration, it has been decided that as an administrative procedure these operators will be given a grace period of six months to apply for the necessary offensive trade licences and another six months from the date of the issue of the individual letters of requirements to meet in full the licensing requirements.
HONG KONG URBAN COUNCIL
Page 54 of 120
77
Opportunity has also been taken to consider the need to raise the maximum penalties for offences under these By-laws. The proposed amendment to By-law 15 will bring the maximum penalty for operating an unlicensed offensive trade to the level of that prescribed for unlicensed food premises (i.e. $10,000 fine, 6 months' imprisonment and a daily fine of $250). It will also bring the maximum penalty for other offences in these By-laws in line with those for food premises (i.e. $2,000 fine, 3 months' imprisonment and a daily fine of $50).
Mr. Chairman, I beg to move.
MR. AMBROSE K. C. CHOI, VICE-CHAIRMAN OF THE ENVIRONMENTAL HYGIENE SELECT COMMITTEE, seconded (in Cantonese):-Mr. Chairman, I second the motion.
CHAIRMAN (in English):-The motion has been proposed by Mrs. Ho and seconded by Mr. Ambrose CHOI. It is open for debate. I think Miss Cecilia YEUNG wants the floor.
MISS CECILIA L. Y. YEUNG (in Cantonese):-Mr. Chairman, I would like to ask Mrs. Ho something about the amendment to the regulations and its effect on the operators of these businesses because I understand that there is a 6-month grace period. Unfortunately, six months is not adequate for any person to change to other lines of business, so do we have other ways of helping them?
CHAIRMAN (in English):-This is a question, so please clarify. You are not exercising your right of reply, Mrs. Ho, so you still have that right, but please clarify the point first.
MRS. HO (in Cantonese):-Mr. Chairman, I think Miss YEUNG is not too clear as to the position because as I said they have six months to comply with the regulations, and also have another 6 months' grace period, in other words they have altogether 12 months.
CHAIRMAN (in English):-Does Miss YEUNG wish to continue with her speech?
MISS YEUNG (in Cantonese):-I doubt very much. In today's situation, especially when people are finding it extremely difficult to obtain other accommodation, whether they can find another place to carry on business within 12 months. This is why I object to the motion.
CHAIRMAN (in English):-The motion is still under debate. Does any Member wish to take the floor? In the absence of any Member asking for the floor, would the proposer like to exercise her right of reply?
MRS. HO (in English): Mr. Chairman, I think in adopting these rules, which we started to look at back in 1978, the question that Miss YEUNG raised
Page 54 of 120
Page 54 of 120
76
@
HONG KONG URBAN COUNCIL
(a) deleting the following trades which are either obsolete or a repetition
under a different description:-
(1) Wood oil extraction;
(2) Manufacture of batteries; and
(3) Burning of oil for production of soot or lampblack;
(b) the replacement of the trade 'Processing of fish or parts of fish including
sharks' fins' by dividing it into two offensive trades, namely:-
(1) Processing of sharks' fins; and (2) Processing of fish meal; and
(c) the addition of a new offensive trade, namely, 'Manufacture of gluten
reduced starch (Tung Min) by fermentation process'.
Under the existing By-law 4 of the Offensive Trades By-laws, no person is allowed to carry on certain specified offensive trades except within the offensive trades areas as delineated by the Council. These gazetted areas
are:
(a) Hong Kong:–
Kennedy Town
Shau Kei Wan
Tin Wan (Aberdeen)
(b) Kowloon :
To Kwa Wan
Tai Kok Tsui
Cheung Sha Wan Yau Tong
Following detailed discussions by all the Government departments con- cerned, it has been agreed that the old concept of 'offensive trade zones' should be abandoned owing to the fact that these areas had been set aside a very long time ago and are no longer really suitable as they have been overtaken by urban development. This proposed amendment will also enable the Authority to bring the existing unlicensed but tolerated offensive trades such as the processing of sharks' fins outside these areas under effective legislative control through licensing.
The Select Committee has therefore decided that all offensive trade areas in the urban areas should be degazetted by amending By-law 4 of the Offensive Trades By-laws and that any person who desires to carry on any offensive trade should satisfy the Council in respect of the site selected and the licensing requirements and conditions thereof.
In order to alleviate the difficulties that may be encountered by the operators of certain offensive trades which have hitherto been tolerated by the Council or which will be newly listed in the revised declaration, it has been decided that as an administrative procedure these operators will be given a grace period of six months to apply for the necessary offensive trade licences and another six months from the date of the issue of the individual letters of requirements to meet in full the licensing requirements.
HONG KONG URBAN COUNCIL
Page 54 of 120
77
Opportunity has also been taken to consider the need to raise the maximum penalties for offences under these By-laws. The proposed amendment to By-law 15 will bring the maximum penalty for operating an unlicensed offensive trade to the level of that prescribed for unlicensed food premises (i.e. $10,000 fine, 6 months' imprisonment and a daily fine of $250). It will also bring the maximum penalty for other offences in these Bylaws in line with those for food premises (ie. $2,000 fine, 3 months' imprisonment and a daily fine of $50).
Mr. Chairman, I beg to move.
MR. AMBROSE K. C. CHOI, VICE-CHAIRMAN OF THE ENVIRONMENTAL HYGIENE SELECT COMMITTEE, seconded (in Cantonese):-Mr. Chairman, I second the motion.
CHAIRMAN (in English):-The motion has been proposed by Mrs. Ho and seconded by Mr. Ambrose CHOI. It is open for debate. I think Miss Cecilia YEUNG wants the floor.
MISS CECILIA L. Y. YEUNG (in Cantonese):-Mr. Chairman, I would like to ask Mrs. Ho something about the amendment to the regulations and its effect on the operators of these businesses because I understand that there is a 6-month grace period. Unfortunately, six months is not adequate for any person to change to other lines of business, so do we have other ways of helping them?
CHAIRMAN (in English):-This is a question, so please clarify. You are not exercising your right of reply, Mrs. Ho, so you still have that right, but please clarify the point first.
MRS. HO (in Cantonese):-Mr. Chairman, I think Miss YEUNG is not too clear as to the position because as I said they have six months to comply with the regulations, and also have another 6 months' grace period, in other words they have altogether 12 months.
CHAIRMAN (in English):-Docs Miss YEUNG wish to continue with her speech?
MISS YEUNG (in Cantonese):-I doubt very much. In today's situation especially when people are finding it extremely difficult to obtain other accommodation, whether they can find another place to carry on business within 12 months. This is why I object to the motion.
CHAIRMAN (in English):-The motion is still under debate. Does any Member wish to take the floor? In the absence of any Member asking for the floor, would the proposer like to exercise her right of reply?
MRS. HO (in English): Mr. Chairman, I think in adopting these rules, which we started to look at back in 1978, the question that Miss YEUNG raised
No comments yet.
Private notes are available after approval.