1988 — Page 143

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HONG KONG URBAN COUNCIL

Table 6

Universally elected elements in the second term of the Legislature

Hong Kong Chinese Civil Servants' Association

Hong Kong People's Association

Outstanding Young Persons' Association

Progressive Society of Hong Kong

Model

Proportions of members elected through universal suffrage

25%

Group of 89

30%

30%

33.3%

33.3%

33.3%

38.5%

40%

40%

>50%

60%

Group of 38

Mainstream model

Federation of Trade Unions

Federation of Hong Kong and Kowloon Labour Unions

Group of 190

The University Graduates Association

MR. LEE CHIK-YUET (in Cantonese):-Mr. Chairman, as you all know, I have already decided not to stand for the Urban Council Elections to be held in March this year. This is therefore the last time I attend the Annual Debate within my term of office. So I cherish this opportunity very much and would like to share with my colleagues some of my views and suggestions that are directly or indirectly related to the Urban Council.

(1) Hawker problems: The 'Report and Recommendations of the Urban Council Working Party on Hawker and Related Policies' announced in October 1987 is the most in-depth and comprehensive study on hawker and market policies ever made in the history of the Council. Most of the recommendations are practical and realistic, being aimed at tackling existing problems and strik- ing a balance of interests among all parties concerned. The Council should attach importance to its basic spirit and make necessary modifications of all re- commendations according to the prevailing conditions. Priority should then be set for implementation, taking into account the resources and capability of the Council. We should not just bundle it up and place it on the top shelf, and give up halfway. I therefore suggest that when the Working Group appointed by the Chief Secretary made its preliminary recommendations on the reorganization of the General Duties Team (I urge that the Working Group should carry out its work as soon as possible as its progress already falls much behind schedule), the Council should conduct an open debate on how to improve its work on hawkers and markets and how to implement the 'Report and Recom-

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Recommendations of the Urban Council Working Party on Hawker and Re- lated Policies.' The Market and Street Traders Select Committee should then call a special meeting to put into effect and decide on the implementation of various recommendations.

(2) Urban services appeal cases: In the past few years, senior Government officials had communication with this Council and put forward suggestions on several occasions with a view to re-structuring the existing machinery for hand- ling appeal cases in connection with urban services. No conclusion has been arrived at for the time being. I think that the Government or this Council has to consider the following principles before making its final decision. In view of the administrative pattern of traditional British colonies, the Governor-in-Council has so far remained the final adjudicating machinery for most of the adminis- trative appeals. In many cases, this channel is not ideal, impractical or even un- reasonable. Just imagine the great number of administrative appeal cases that arise every year in Hong Kong, many of which are appeal cases concerning hawker licences issued by this Council. As members of the Executive Council are so busy with both their official and personal matters, how can they spare reasonable and adequate time in handling each and every complicated appeal case? And how can they spare the time to fully understand the policies concern- ing the Urban Council? As a result (according to my personal observation in the past year), inconsistency often arose in the decisions made by the Governor-in-Council in hawker appeal cases, thus causing unnecessary trouble and interference in our hawker management work. Therefore the Government should have delegated the administrative adjudication authority to the Urban Council long time ago. Some people hold that it is against the principle of natural justice for the Urban Council to act as the 'final administrative adjudi- cation machinery' for urban services. This is in fact a misunderstanding of the principle of natural justice because even if the final administrative adjudication authority in respect of urban services has been delegated to the Urban Council, the Council has to adhere to the principle of natural justice in exercising this authority (exactly in the same way as the Governor-in-Council does). In other words, it is necessary for the Council to give everyone a proper chance to lodge his or her appeal (under the current practice, an appellant is required to submit personally the reasons for his or her appeal as well as relevant information to the Review Sub-Committees which are composed of Councillors), and that the departmental executives concerned should not be allowed to participate in the Council's discussion and decision-making process of the appeal cases. Instead of acting on its own will, the Council must adjudicate in accordance with cer- tain clearly stated policies. Should the appellant consider the Council's decision-making procedure a breach of the principle of natural justice, or the Council's policies being in conflict with the 'Public Health and Municipal Ordinance', he or she can demand a local court for judicial review. It would be absurd if the appeal body suggested by high ranking government officials is to exercise the judicial power in relation to municipal affairs, because the Urban Council is more familiar with municipal services and policies than such an