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before the Council will, when adopted, increase the maximum penalties for offences under the By-laws relating to abattoir and the control of food business premises.
A major revision of the levels of the maximum penalties relating to offences under the Public Health and Municipal Services Ordinance and its subsidiary legislation was made in 1978/79. However, the majority of the penalties have remained unchanged and are now in need of revision in order to retain deterrent effect to safeguard public health.
It is proposed that the maximum fine for contravention of the above mentioned By-laws should be raised from $10,000 to $25,000 and the maximum daily penalty from $250 to $500 with no change to the prison sentence i.e. 6 months' imprisonment.
All the revisions now proposed have been carefully considered by the Food Hygiene Select Committee and the Standing Committee of the Whole Council and I fully support them.
Mr. Chairman, I beg to move.
MR. CHAN KWOK-MING, VICE-CHAIRMAN OF THE FOOD HYGIENE SELECT COMMITTEE seconded the motion (in Cantonese):- Mr. Chairman, I would like to second the motion.
The question was put.
The motion was carried unanimously.
5. MR. LEE CHIK-YUET, Chairman of the Markets and Street Traders Select Committee moved the following motion:-
'RESOLVED that the Public Market (Urban Council) (Amendment) By-laws 1987 and the Hawker (Urban Council) (Amendment) (No. 3) By-laws 1987 be made under sections 80 and 83A of the Public Health and Municipal Services Ordinance, Cap. 132.'.
He said (in Cantonese):- Mr. Chairman, as Chairman of the Markets and Street Traders Select Committee, I rise to move the motion standing in my name.
The two amending By-laws namely, the Public Market (Urban Council) (Amendment) By-laws 1987 and the Hawker (Urban Council) (Amendment) (No. 3) By-laws 1987, made under the Public Health and Municipal Services Ordinance now before the Council will, when adopted, increase the maximum penalties for offences under the By-laws relating to the control of markets and hawkers.
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A major revision of the levels of the maximum penalties in connection with offences under the Public Health and Municipal Services Ordinance and its subsidiary legislation was made in 1978/79. However, the majority of the penalties have remained unchanged and are now in need of revision in order to retain their deterrent effect to safeguard public health.
It is proposed that the maximum fines that may be imposed by the above By-laws should be increased generally by 150% to 200%. However, the existing levels of maximum penalties on offences relating to illegal hawking under the Public Health and Municipal Services Ordinance has been raised from $1,000 plus daily fine $50 (with no imprisonment sentence) to $2,500 and 1 month imprisonment plus $150 daily fine in the first conviction, and to $5,000 and 6 months imprisonment plus $150 daily fine in the second or subsequent convictions. Public opinion is strongly in support of increasing the penalties for such offences. By increasing the maximum penalties the Urban Council will be playing its proper part towards carrying out the public's wishes. Having done so, it will then be the prerogative of the judiciary to take the new maxima into account when imposing sentences in individual cases.
Mr. Chairman, I beg to move.
MR. LAM CHAK-PIU, VICE-CHAIRMAN OF THE MARKETS AND STREET TRADERS SELECT COMMITTEE seconded the motion (in Cantonese):- Mr. Chairman, I second the motion.
The question was put.
The motion was carried unanimously.
MR. FAN KAM-PING, VICE-CHAIRMAN OF THE RECREATION SELECT COMMITTEE, moved the following motion:-
'RESOLVED that the Public Health and Municipal Services (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 4) Order 1987 be made under section 106 of the Public Health and Municipal Services Ordinance, Cap. 132.'
He said (in Cantonese):- Mr. Chairman, as Vice-Chairman of the Recreation Select Committee, I rise to move the motion standing in my name.
The purpose of the amending By-laws is to include 24 new venues, including 64 existing venues and delete 12 existing venues in the Fourth Schedule (Public Pleasure Grounds) of the Public Health and Municipal Services Ordinance, Cap. 132.
Sir, I beg to move.
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before the Council will, when adopted, increase the maximum penalties for offences under the By-laws relating to abattoir and the control of food business premises.
A major revision of the levels of the maximum penalties relating to offences under the Public Health and Municipal Services Ordinance and its subsidiary legislation was made in 1978/79. However, the majority of the penalties have remained unchanged and are now in need of revision in order to retain deterrent effect to safeguard public health.
It is proposed that the maximum fine for contravention of the above mentioned By-laws should be raised from $10,000 to $25,000 and the maximum daily penalty from $250 to $500 with no change to the prison sentence i.e. 6 months' imprisonment.
All the revisions now proposed have been carefully considered by the Food Hygiene Select Committee and the Standing Committee of the Whole Council and I fully support them.
Mr. Chairman, I beg to move.
MR. CHAN KWOK-MING, VICE-CHAIRMAN OF THE FOOD HYGIENE SELECT COMMITTEE SEConded the motion (in Cantonese):-Mr. Chairman, I would like to second the motion.
The question was put.
The motion was carried unanimously.
5. MR. LEE CHIK-YUET, Chairman of the Markets and Street Traders Select Committee moved the following motion:-
'RESOLVED that the Public Market (Urban Council) (Amendment) By-laws 1987 and the Hawker (Urban Council) (Amendment) (No. 3) By-laws 1987 be made under sections 80 and 83A of the Public Health and Municipal Services Ordinance, Cap. 132.'.
He said (in Cantonese):-Mr. Chairman, as Chairman of the Markets and Street Traders Select Committee, I rise to move the motion standing in my
name.
The two amending By-laws namely, the Public Market (Urban Council) (Amendment) By-laws 1987 and the Hawker (Urban Council) (Amendment) (No. 3) By-laws 1987, made under the Public Health and Municipal Services Ordinance now before the Council will, when adopted, increase the maximum penalties for offences under the By-laws relating to the control of markets and hawkers.
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A major revision of the levels of the maximum penalties in connection with offences under the Public Health and Municipal Services Ordinance and its subsidiary legislation was made in 1978/79. However, the majority of the penalties have remained unchanged and are now in need of revision in order to retain their deterrent effect to safeguard public health.
It is proposed that the maximum fines that may be imposed by the above By-laws should be increased generally by 150% to 200%. However, the existing levels of maximum penalties on offences relating to illegal hawking under the Public Health and Municipal Services Ordinance has been raised from $1,000 plus daily fine $50 (with no imprisonment sentence) to $2,500 and 1 month imprisonment plus $150 daily fine in the first conviction, and to $5,000 and 6 months imprisonment plus $150 daily fine in the second or subsequent convictions. Public opinion is strongly in support of increasing the penalties for such offences. By increasing the maximum penalties the Urban Council will be playing its proper part towards carrying out the public's wishes. Having done so, it will then be the prerogative of the judiciary to take the new maxima into account when imposing sentences in individual cases.
Mr. Chairman, I beg to move.
MR. LAM CHAK-PIU, VICE-CHAIRMAN OF THE MARKETS AND STREET TRADERS SELECT COMMITTEE seconded the motion (in Cantonese):-Mr. Chairman, I second the motion.
The question was put.
The motion was carried unanimously.
MR. FAN KAM-PING, VICE-CHAIRMAN OF THE RECREATION SELECT COMMITTEE, moved the following motion:-
'RESOLVED that the Public Health and Municipal Services (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 4) Order 1987 be made under section 106 of the Public Health and Municipal Services Ordinance, Cap. 132.'
He said (in Cantonese):-Mr. Chairman, as Vice-Chairman of the Recreation Select Committee, I rise to move the motion standing in my name.
The purpose of the amending By-laws is to include 24 new venues, including 64 existing venues and delete 12 existing venues in the Fourth Schedule (Public Pleasure Grounds) of the Public Health and Municipal Services Ordinance, Cap. 132.
Sir, I beg to move.
No comments yet.
Private notes are available after approval.