1983 — Page 69

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 69 of 194

108

HONG KONG URBAN COUNCIL

CHAIRMAN (in English):-Well, I will clarify that Mrs. ELLIOTT is quite correct. Any Member who wishes to bring a matter to the attention of the Standing Committee can do so at any time.

10. DR. DENNY M. H. HUANG asked the following question (in Cantonese): There are many jadeware traders but not all of them are doing business all day long. Urban Council now plans to move the Canton Road jadeware market to a site at Kansu Street which would probably not accommodate all the traders. In view of the situation, the Jadeware Traders Industry & Commerce Association has put forward a proposal that the licences of jadeware traders be divided into two sessions, one for business in the forenoon and one in the afternoon. Is the proposal acceptable?

MR. SHUM CHOI-sang, Chairman of the Markets and Street Traders SELECT COMMITTEE, replied as follows (in Cantonese): This question concerns the re-ordering of jade hawkers at Canton Road and the request from the Jadeware Traders Industry and Commerce Association to have morning and afternoon trading sessions in the future site at Kansu Street so that more hawkers could be accommodated.

The department has carefully studied the proposal and concluded that this would not be operationally feasible.

It is believed that there are some jade hawkers at present trading at Canton Road who only carry on business during part of the day. The majority of the hawkers do however conduct business both in the morning and in the afternoon. To adopt the proposal would involve having two different groups of hawkers at the same trading site, i.e. some of them will be allowed to trade all day while the others for only part of the day. It would be operationally impracticable for the department to carry out its regulatory responsibilities in such circumstances. Inevitably when it comes to the allocation of sites, most, if not all, of the hawkers would claim to belong to the full day group, thus making the arrangements meaningless.

The department has carried out a series of random checks on the number of hawkers at Canton Road and found that the figure has never exceeded 400. This is believed to be the largest concentration of hawkers that could be possibly accommodated on the pavement along Canton Road between Jordan Road and Saigon Street where they are now trading. In the new site at Kansu Street, 410 pitches have been marked out. These should be sufficient to accommodate all genuine established hawkers. Therefore, it is considered that the proposal put forward by the Chairman of the Jadeware Traders Industry and Commerce Association to split the trading hours into sessions is not practicable.

MR. EDMUND CHOW (in Cantonese): Mr. Chairman, just then, Mr. SHUM told us that the U.S.D. has studied the proposal and thought it was not feasible. Can you tell us the reason why?

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MR. SHUM CHOI-SANG (in Cantonese): Mr. Chairman, I was told by the U.S.D. that our legal adviser had been consulted on the proposal and the reply given by that adviser was that it would be very difficult for us to divide the stalls into two operational sessions and for two licence holders to trade in the same stall. At present, we have 410 pitches but 400 hawkers, so I think the number of stalls is adequate.

MR. EDMUND CHOW (in Cantonese): Concerning the legal advice, does it mean that it is difficult but not can't be implemented?

MR. SHUM CHOI-SANG (in Cantonese): As I am not a legal expert, I cannot answer your question. I think the U.S.D. has consulted the legal adviser, and the reply is as stated.

MR. EDMUND CHOW (in Cantonese): Is it possible for Mr. SHUM to ask the U.S.D. staff to pass the legal advice to all members for perusal?

MR. SHUM CHOI-SANG (in Cantonese): Mr. Chairman, I would be willing to do that.

MOTIONS

1. THE CHAIRMAN, URBAN COUNCIL, moved the following motion:

'RESOLVED that the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983, be adopted.'

He said (in Cantonese): In accordance with section 36(4)(c) of the Urban Council Ordinance, I move the adoption of the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983.

Members will be pleased to note that, once again, the Director of Audit's Report and Certificate on the Statements is not qualified by any observation on the manner in which the Council's accounts have been kept and rendered.

Also in accordance with section 40(4) of the Urban Council Ordinance, one copy of the certified statements will be forwarded to His Excellency the Governor.

MR. H. M. G. FORSGATE, Vice-Chairman, URBAN COUNCIL, seconded (in English): Mr. Chairman, while the delicious smell of roasting pork still prevails in this Chamber, may I rise to second your motion on a more mundane subject.

In doing so, I would like to elaborate further on the accounts and comment on the overall financial position of the Urban Council. The surplus of $5.7


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Page 69 of 194 108 HONG KONG URBAN COUNCIL CHAIRMAN (in English):-Well, I will clarify that Mrs. ELLIOTT is quite correct. Any Member who wishes to bring a matter to the attention of the Standing Committee can do so at any time. 10. DR. DENNY M. H. HUANG asked the following question (in Cantonese): There are many jadeware traders but not all of them are doing business all day long. Urban Council now plans to move the Canton Road jadeware market to a site at Kansu Street which would probably not accommodate all the traders. In view of the situation, the Jadeware Traders Industry & Commerce Association has put forward a proposal that the licences of jadeware traders be divided into two sessions, one for business in the forenoon and one in the afternoon. Is the proposal acceptable? MR. SHUM CHOI-sang, Chairman of the Markets and Street Traders SELECT COMMITTEE, replied as follows (in Cantonese): This question concerns the re-ordering of jade hawkers at Canton Road and the request from the Jadeware Traders Industry and Commerce Association to have morning and afternoon trading sessions in the future site at Kansu Street so that more hawkers could be accommodated. The department has carefully studied the proposal and concluded that this would not be operationally feasible. It is believed that there are some jade hawkers at present trading at Canton Road who only carry on business during part of the day. The majority of the hawkers do however conduct business both in the morning and in the afternoon. To adopt the proposal would involve having two different groups of hawkers at the same trading site, i.e. some of them will be allowed to trade all day while the others for only part of the day. It would be operationally impracticable for the department to carry out its regulatory responsibilities in such circumstances. Inevitably when it comes to the allocation of sites, most, if not all, of the hawkers would claim to belong to the full day group, thus making the arrangements meaningless. The department has carried out a series of random checks on the number of hawkers at Canton Road and found that the figure has never exceeded 400. This is believed to be the largest concentration of hawkers that could be possibly accommodated on the pavement along Canton Road between Jordan Road and Saigon Street where they are now trading. In the new site at Kansu Street, 410 pitches have been marked out. These should be sufficient to accommodate all genuine established hawkers. Therefore, it is considered that the proposal put forward by the Chairman of the Jadeware Traders Industry and Commerce Association to split the trading hours into sessions is not practicable. MR. EDMUND CHOW (in Cantonese): Mr. Chairman, just then, Mr. SHUM told us that the U.S.D. has studied the proposal and thought it was not feasible. Can you tell us the reason why? HONG KONG URBAN COUNCIL Page 69 of 194 109 MR. SHUM CHOI-SANG (in Cantonese): Mr. Chairman, I was told by the U.S.D. that our legal adviser had been consulted on the proposal and the reply given by that adviser was that it would be very difficult for us to divide the stalls into two operational sessions and for two licence holders to trade in the same stall. At present, we have 410 pitches but 400 hawkers, so I think the number of stalls is adequate. MR. EDMUND CHOW (in Cantonese): Concerning the legal advice, does it mean that it is difficult but not can't be implemented? MR. SHUM CHOI-SANG (in Cantonese): As I am not a legal expert, I cannot answer your question. I think the U.S.D. has consulted the legal adviser, and the reply is as stated. MR. EDMUND CHOW (in Cantonese): Is it possible for Mr. SHUM to ask the U.S.D. staff to pass the legal advice to all members for perusal? MR. SHUM CHOI-SANG (in Cantonese): Mr. Chairman, I would be willing to do that. MOTIONS 1. THE CHAIRMAN, URBAN COUNCIL, moved the following motion: 'RESOLVED that the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983, be adopted.' He said (in Cantonese): In accordance with section 36(4)(c) of the Urban Council Ordinance, I move the adoption of the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983. Members will be pleased to note that, once again, the Director of Audit's Report and Certificate on the Statements is not qualified by any observation on the manner in which the Council's accounts have been kept and rendered. Also in accordance with section 40(4) of the Urban Council Ordinance, one copy of the certified statements will be forwarded to His Excellency the Governor. MR. H. M. G. FORSGATE, Vice-Chairman, URBAN COUNCIL, seconded (in English): Mr. Chairman, while the delicious smell of roasting pork still prevails in this Chamber, may I rise to second your motion on a more mundane subject. In doing so, I would like to elaborate further on the accounts and comment on the overall financial position of the Urban Council. The surplus of $5.7 Page 69 of 194
Baseline (Original)
Page 69 of 194 108 HONG KONG URBAN COUNCIL CHAIRMAN (in English):-Well, I will clarify that Mrs. ELLIOTT is quite correct. Any Member who wishes to bring a matter to the attention of the Standing Committee can do so at any time. 10. DR. DENNY M. H. HUANG asked the following question (in Cantonese);___ There are many jadeware traders but not all of them are doing business all day long. Urban Council now plans to move the Canton Road jadeware market to a site at Kansu Street which would probably not accommodate all the traders. In view of the situation, the Jadeware Traders Industry & Commerce Association has put forward a proposal that the licences of jadeware traders be divided into two sessions, one for business in the forenoon and one in the afternoon. Is the proposal acceptable? MR. SHUM CHOI-sang, Chairman of the Markets and Street Traders SELECT COMMITTEE, replied as follows (in Cantonese):---This question concerns the re- ordering of jade hawkers at Canton Road and the request from the Jadeware Traders Industry and Commerce Association to have morning and afternoon trading sessions in the future site at Kansu Street so that more hawkers could be accommodated. The department has carefully studied the proposal and concluded that this would not be operationally feasible. It is believed that there are some jade hawkers at present trading at Canton Road who only carry on business during part of the day. The majority of the hawkers do however conduct business both in the morning and in the afternoon. To adopt the proposal would involve having two different groups of hawkers at the same trading site, i.e. some of them will be allowed to trade all day while the others for only part of the day. It would be operationally impracticable for the department to carry out its regulatory responsibilities in such circumstances. Inevitably when it comes to the allocation of sites, most, if not all, of the hawkers would claim to belong to the full day group, thus making the arrangements meaningless. The department has carried out a series of random checks on the number of hawkers at Canton Road and found that the figure has never exceeded 400. This is believed to be the largest concentration of hawkers that could be possibly accommodated on the pavement along Canton Road between Jordan Road and Saigon Street where they are now trading. In the new site at Kansu Street, 410 pitches have been marked out. These should be sufficient to accommodate all genuine established hawkers. Therefore, it is considered that the proposal put forward by the Chairman of the Jadeware Traders Industry and Commerce Association to split the trading hours into sessions is not practicable. MR. EDMUND CHOW (in Cantonese): Mr. Chairman, just then, Mr. SHUм told us that the U.S.D. has studied the proposal and thought it was not feasible. Can you tell us the reason why? HONG KONG URBAN COUNCIL Page 69 of 194 109 MR. SHUM CHOI-SANG (in Cantonese):—Mr. Chairman, I was told by the U.S.D. ·legal adviser had been consulted on the proposal and the reply given by that our the adviser was that it would be very difficult for us to divide the stalls into two operational sessions and for two licence holders to trade in the same stall. At present, we have 410 pitches but 400 hawkers, so I think the number of stalls is adequate. MR. EDMUND CHOW (in Cantonese):—Concerning the legal advice, does it mean that it is difficult but not can't be implemented? MR. SHUM CHOI-SANG (in Cantonese):-As I am not a legal expert, I cannot answer your question. I think the U.S.D. has consulted the legal adviser, and the reply is as stated. MR. EDMUND CHOW (in Cantonese):-Is it possible for Mr. SHUM to ask the U.S.D. staff to pass the legal advice to all members for perusal? MR. SHUM CHOI-SANG (in Cantonese):—Mr. Chairman, I would be willing to do that. MOTIONS 1. THE CHAIRMan, Urban CounCIL, moved the following motion: 'RESOLVED that the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983, be adopted.' He said (in Cantonese):-In accordance with section 36(4)(c) of the Urban Council Ordinance, I move the adoption of the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983. Members will be pleased to note that, once again, the Director of Audit's Report and Certificate on the Statements is not qualified by any observation on the manner in which the Council's accounts have been kept and rendered. Also in accordance with section 40(4) of the Urban Council Ordinance, one copy of the certified statements will be forwarded to His Excellency the Governor. MR. H. M. G. FORSGATE, Vice-Chairman, URBAN COUNCIL, seconded (in English): Mr. Chairman, while the delicious smell of roasting pork still prevail this Chamber, may I rise to second your motion on a more mundane subject. In doing so, I would like to elaborate further on the accounts and comment on the overall financial position of the Urban Council. The surplus of $5.7
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Page 69 of 194

108

HONG KONG URBAN COUNCIL

CHAIRMAN (in English):-Well, I will clarify that Mrs. ELLIOTT is quite correct. Any Member who wishes to bring a matter to the attention of the Standing Committee can do so at any time.

10. DR. DENNY M. H. HUANG asked the following question (in Cantonese);___ There are many jadeware traders but not all of them are doing business all day long. Urban Council now plans to move the Canton Road jadeware market to a site at Kansu Street which would probably not accommodate all the traders. In view of the situation, the Jadeware Traders Industry & Commerce Association has put forward a proposal that the licences of jadeware traders be divided into two sessions, one for business in the forenoon and one in the afternoon. Is the proposal acceptable?

MR. SHUM CHOI-sang, Chairman of the Markets and Street Traders SELECT COMMITTEE, replied as follows (in Cantonese):---This question concerns the re- ordering of jade hawkers at Canton Road and the request from the Jadeware Traders Industry and Commerce Association to have morning and afternoon trading sessions in the future site at Kansu Street so that more hawkers could be accommodated.

The department has carefully studied the proposal and concluded that this would not be operationally feasible.

It is believed that there are some jade hawkers at present trading at Canton Road who only carry on business during part of the day. The majority of the hawkers do however conduct business both in the morning and in the afternoon. To adopt the proposal would involve having two different groups of hawkers at the same trading site, i.e. some of them will be allowed to trade all day while the others for only part of the day. It would be operationally impracticable for the department to carry out its regulatory responsibilities in such circumstances. Inevitably when it comes to the allocation of sites, most, if not all, of the hawkers would claim to belong to the full day group, thus making the arrangements meaningless.

The department has carried out a series of random checks on the number of hawkers at Canton Road and found that the figure has never exceeded 400. This is believed to be the largest concentration of hawkers that could be possibly accommodated on the pavement along Canton Road between Jordan Road and Saigon Street where they are now trading. In the new site at Kansu Street, 410 pitches have been marked out. These should be sufficient to accommodate all genuine established hawkers. Therefore, it is considered that the proposal put forward by the Chairman of the Jadeware Traders Industry and Commerce Association to split the trading hours into sessions is not practicable.

MR. EDMUND CHOW (in Cantonese): Mr. Chairman, just then, Mr. SHUм told us that the U.S.D. has studied the proposal and thought it was not feasible. Can you tell us the reason why?

HONG KONG URBAN COUNCIL

Page 69 of 194

109

MR. SHUM CHOI-SANG (in Cantonese):—Mr. Chairman, I was told by the U.S.D.

·legal adviser had been consulted on the proposal and the reply given by that our the adviser was that it would be very difficult for us to divide the stalls into two operational sessions and for two licence holders to trade in the same stall. At present, we have 410 pitches but 400 hawkers, so I think the number of stalls is adequate.

MR. EDMUND CHOW (in Cantonese):—Concerning the legal advice, does it mean that it is difficult but not can't be implemented?

MR. SHUM CHOI-SANG (in Cantonese):-As I am not a legal expert, I cannot answer your question. I think the U.S.D. has consulted the legal adviser, and the reply is as stated.

MR. EDMUND CHOW (in Cantonese):-Is it possible for Mr. SHUM to ask the U.S.D. staff to pass the legal advice to all members for perusal?

MR. SHUM CHOI-SANG (in Cantonese):—Mr. Chairman, I would be willing to do that.

MOTIONS

1. THE CHAIRMan, Urban CounCIL, moved the following motion:

'RESOLVED that the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983, be adopted.'

He said (in Cantonese):-In accordance with section 36(4)(c) of the Urban Council Ordinance, I move the adoption of the audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1983.

Members will be pleased to note that, once again, the Director of Audit's Report and Certificate on the Statements is not qualified by any observation on the manner in which the Council's accounts have been kept and rendered.

Also in accordance with section 40(4) of the Urban Council Ordinance, one copy of the certified statements will be forwarded to His Excellency the Governor.

MR. H. M. G. FORSGATE, Vice-Chairman, URBAN COUNCIL, seconded (in English): Mr. Chairman, while the delicious smell of roasting pork still prevail this Chamber, may I rise to second your motion on a more mundane subject.

In doing so, I would like to elaborate further on the accounts and comment on the overall financial position of the Urban Council. The surplus of $5.7

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