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over of the
they have the right to remove such sign boards. After the handing over of power in July this year, the Council decided to return to the Government such powers and then after that we will definitely be stepping up publicity to make sure that the general public is aware of the fact.
3. MR. SAMUEL P. W. WONG asked the following question (in Cantonese): It was generally felt in this Council that the power of the Urban Council have gradually eroded away ever since the establishment of the Municipal Services Branch. Would the Chairman assure members that this is not so, or otherwise?
Dr. The Honourable Kim Y. S. CHAM, CHAIRMAN OF THE ADMINISTRATION SELECT COMMITTEE, replied as follows (in Cantonese): The powers of the Urban Council remain precisely as they were before the establishment of the Municipal Services Branch. These powers derive from the Urban Council Ordinance, Cap. 101, Section 24 which empowers the Council to exercise various functions under the other Ordinance, and Section 25 which gives the Council other permissive functions.
The changes consequential to the reorganization of the Urban Services Department on 1 April this year were administrative in nature. The Municipal Services Branch took over policy on environmental hygiene and food hygiene matters from Health and Welfare Branch and policy on recreation and culture from Home Affairs Branch. On policy matters the Secretary for Municipal Services stands in the same relationship to the Urban Council as the Secretary for Health and Welfare and the Secretary for Home Affairs did previously.
Certain responsibilities related to the civil service grades which are common to both the Urban Services Department and the Regional Services Department were formerly under the management of the old style Urban Services Department and were funded pro rata, by the Council and the Government through the New Territories Services Department. This has now passed from the Central Administration Division of the old federal Urban Services Department to Municipal Services Branch. Thus, there is no diminution of the Urban Council's powers over those obtained previously.
MR. SAMUEL WONG (in Cantonese): Mr. Chairman, recently, when we talked about wine that had been contaminated from Austria, and from the newspapers it is people from the Municipal Services Branch that are taking the follow-up action. Before the setting up of the Municipal Services Branch, this actually should be part of the duties of the Urban Services Department and therefore from the general public, it seems as if the Urban Council is no longer taking care of food hygiene matters, is this the case?
DR. THE HONOURABLE KIM CHAM (in Cantonese): Mr. Chairman, within urban areas, food hygiene matters are still under the Urban Council but as to imported merchandise, it is the responsibility of the Central Government. As to what is mentioned by Mr. WONG, I think that there is something to do with the press release and we can clarify the matter with the Municipal Services Branch.
DR. HUANG (in Cantonese): Mr. Chairman, I would like to ask Dr. Cham a question. Dr. CHAM said a moment ago that the Urban Council's powers remained intact but, in fact, previously before the setting up of the Municipal Services Branch, the Urban Council and the Health and Welfare Branch did not really have direct contact. But after the setting up of the Municipal Services Branch it seems as if we have a lot of conflicts, they go into licensing, they go into food hygiene matters and there are a lot of press conferences, for instances, so is it because the Municipal Services Branch is not really conducting matters properly or because of other reasons? Could Dr. CHAM enlighten us on this?
DR. THE HONOURABLE KIM CHAM (in Cantonese): Mr. Chairman, our powers remain intact but I am sure everybody knows what they should do (laughter), because everyone follows their powers within the legislation and we do have our terms of reference laid down quite clearly.
MR. LAWRENCE FUNG (in English): Mr. Chairman, can I ask before the Municipal Services Branch was established, whom did the Director of Urban Services report to, and now after the establishment of the Municipal Services Branch whom does he report to in terms of the line of responsibility in the Civil Service?
CHAIRMAN (in English): It is a little unrelated but the Chairman of the Administration Select Committee can exercise his discretion on this question if he wishes.
DR. THE HONOURABLE KIM CHAM (in English): Mr. Chairman, this certainly refers to administrative arrangements within the Central Government which is not within our powers unfortunately, although I believe some members would very much like to have that power. Having said that, because of the establishment of the Municipal Services Branch and the Secretary for Municipal Services, the existing Director of Urban Services, of course, reports to the Secretary for Municipal Services. Nevertheless, it is important to note that it is a transfer of duties and division of duties within Government which is not strictly within our powers. But we can of course reflect certain opinions if we have any to the Central Government.
MR. LAWRENCE FUNG (in English): Mr. Chairman, my previous question indeed was most relevant in the light of the answer in the fact that there are lines of dichotomy within the Civil Service in the career of the Director of Urban Services. His promotional prospect lies with the Secretary for Municipal Services, his immediate superior, whereas in terms of day-to-day activities, he is the chief executive of the Urban Council where the Urban Council makes policy
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over of the
they have the right to remove such sign boards. After the handing power in July this year, the Council decided to return to the Government such powers and then after that we will definitely be stepping up publicity to make sure that the general public is aware of the fact.
3. MR. SAMUEL P. W. WONG asked the following question (in Cantonese):~/ was generally felt in this Council that the power of the Urban Council have gradually eroded away ever since the establishment of the Municipal Services
otherwise?
Branch. Would the Chairman assure members that this is not so, or
Dr. The Honourable Kim Y. S. CHAM, CHAIRMAN OF THE ADMINISTRATION SELECT COMMITTEE, replied as follows (in Cantonese): The powers of the Urban Council remain precisely as they were before the establishment of the Municipal Services Branch. These powers derive from the Urban Council Ordinance, Cap. 101, Section 24 which empowers the Council to exercise various functions under the other Ordinance, and Section 25 which gives the Council other permissive functions.
The changes consequential to the reorganization of the Urban Services Department on 1 April this year were administrative in nature. The Municipal Services Branch took over policy on environmental hygiene and food hygiene matters from Health and Welfare Branch and policy on recreation and culture from Home Affairs Branch. On policy matters the Secretary for Municipal Services stands in the same relationship to the Urban Council as the Secretary for Health and Welfare and the Secretary for Home Affairs did previously.
Certain responsibilities related to the civil service grades which are common to both the Urban Services Department and the Regional Services Department were formerly under management of the old style 'Urban Services Department and were funded pro rata, by the Council and the Government through the New Territories Services Department. This has now passed from the Central Administration Division of the old federal Urban Services Department to Municipal Services Branch. Thus, there is no diminution of the Urban Council's powers over those obtained previously.
MR. SAMUEL WONG (in Cantonese):- Mr. Chairman, recently, when we talked about wine that had been contaminated from Austria, and from the newspapers it is people from the Municipal Services Branch that are taking the follow-up action. Before the setting up of the Municipal Services Branch, this actually should be part of the duties of the Urban Services Department and therefore from the general public, it seems as if the Urban Council is no longer taking care of food hygiene matters, is this the case?
DR. THE HONourable Kim CHAM (in Cantonese):—Mr. Chairman, within urban areas, food hygiene matters are still under the Urban Council but as to imported merchandise, it is the responsibility of the Central Government. As to
HONG KONG URBAN COUNCIL
what is mentioned by Mr. WONG, I think that there is something to do with the
release and we can clarify the matter with the Municipal Services Branch. press
DR. HUANG (in Cantonese):-- Mr. Chairman, I would like to ask Dr. Cham a question. Dr. CHAM said a moment ago that the Urban Council's powers remained intact but, in fact, previously before the setting up of the Municipal Services Branch, the Urban Council and the Health and Welfare Branch did not really have direct contact. But after the setting up of the Municipal Services Branch it if we have a lot of conflicts, they go into licensing, they go into food hygiene matters and there are a lot of press conferences, for instances, so is it because the Municipal Services Branch is not really conducting matters properly or because of other reasons? Could Dr. CHAM enlighten us on this?
any
seems as
DR. THE HONOURABLE KIM CHAM (in Cantonese):-Mr. Chairman, our powers remain intact but I am sure everybody knows what they should do (laughter), because everyone follows their powers within the legislation and we do have our terms of reference laid down quite clearly.
MR. LAWRENCE FUNG (in English):-Mr. Chairman, can I ask before the Municipal Services Branch was established, whom did the Director of Urban Services report to, and now after the establishment of the Municipal Services Branch whom does he report to in terms of the line of responsibility in the Civil Service?
CHAIRMAN (in English):-It is a little unrelated but the Chairman of the Administration Select Committee can exercise his discretion on this question if he wishes.
DR. THE HONOURable Kim Cham (in English):—Mr. Chairman, this certainly refers to administrative arrangements within the Central Government which is not within our powers unfortunately, although I believe some members would very much like to have that power. Having said that, because of the establishment of the Municipal Services Branch and the Secretary for Municipal Services, the existing Director of Urban Services, of course, reports to the Secretary for Municipal Services. Nevertheless, it is important to note that it is a transfer of duties and division of duties within Government which is not strictly within our powers. But we can of course reflect certain opinions if we have any to the Central Government.
MR. LAWRENCE FUNG (in English):—Mr. Chairman, my previous question indeed was most relevant in the light of the answer in the fact that there are lines of dichotomy within the Civil Service in the career of the Director of Urban Services. His promotional prospect lies with the Secretary for Municipal Services, his immediate superior, whereas in terms of day-to-day activities, he is the chief executive of the Urban Council where the Urban Council makes policy
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