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HONG KONG URBAN COUNCIL

On 18 October 1989, the Markets and Street Traders Select Committee approved the Department's recommendation to close the second floor of the Lockhart Road Market and relocate the 39 wet goods mini stalls on the floor to the ground floor in order to enhance the viability of the Market.

The Architectural Services Department is preparing a detailed layout plan for the modification of the ground floor to which affected stallholders will be re-located and cost estimates for the project. When ready, these will be submitted to the Markets and Street Traders Select Committee and the Finance Select Committee for endorsement. It is expected that the modification works will commence in April 1991 and be completed in October 1991.

The Department is examining alternative facilities which may be accommodated on the second floor of the Market when the floor is vacated. The Environmental Improvement Committee of the Wan Chai District Board has suggested that the floor be converted into a cultural and recreational centre accommodating such facilities as table tennis tables and children's play equipment. This suggestion will be considered together with other possible options.

(Miss Cecilia L. Y. YEUNG arrived at 2.39 p.m.)

3. MR. B. A. BERNACCHI asked the following question (in English): When General Duty Teams come up to mobile hawkers presumably illegal, selling fried food, what precautions are being taken that in the confusion, the surrounding people, most of them residents of the area, do not get splashed from overturned boiling fat? Is there any other way of controlling this type of illegal activities?

MR. HILTON CHEONG-LEEN, CHAIRMAN OF THE MARKETS AND STREET TRADERS SELECT COMMITTEE replied as follows (in English):—Mr. Chairman, this question concerns precautions taken by General Duties Teams to prevent the public from getting injured by overturned boiling fat during arrest action against unlicensed cooked food hawkers, and measures to control this type of hawking activities.

General Duties Teams are under standing instructions to adopt a mode of operation to suit the prevailing ground situation. They have undergone training in taking safety measures when making arrests, particularly those involving cooked food hawkers.

The enforcement staff are constantly reminded that they should give utmost consideration to public safety when carrying out their duties. They normally do not give chase to fleeing hawkers in order not to create a chaotic and hazardous situation that may endanger the public. In arresting a cooked food hawker, the very first action taken is to segregate the hawker from his paraphernalia so that anything likely to cause danger is immediately seized and put under safe custody. Raids of this kind are planned in advance and mounted at a suitable time to avoid large congregation of people in the vicinity. The tactics used are revised from time to time, and the aim is to tackle the hawker and to avoid as much as possible causing violence or chaos.

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Apart from continued publicity reminding the public at large of the danger in patronizing unlicensed cooked food hawkers, there appears to be no completely effective way to control these hawkers other than by arrest action. The recently introduced computerized hawker conviction records provide the Court with useful information for reference in imposing realistic penalties on the offenders. Hopefully such penalties can strengthen the deterrent effect.

I have asked the Department to study what further publicity efforts can be taken in the coming months to ask members of the public in their own interest not to patronize illegal cooked food hawkers.

(Mr. Joseph Y. S. CHAN arrived at 2.40 p.m.)

MR. B. A. BERNACCHI (in English):—Mr. Chairman, I would like to ask one supplementary. Has the Council considered a control by constant presence rather than by raids and arresting?

MR. HILTON CHEONG-LEEN (in English):--Mr. Chairman, I am sure this has been considered by the Department, but it all depends on available manpower at any given time. I would like to mention that the number of unlicensed cooked food hawkers who were arrested in the past year is not insignificant. The General Duties Teams arrested a total of 4,990 unlicensed cooked food hawkers in the past year.

MR. MAN SAI-CHEONG (in Cantonese):—Mr. Chairman, we understand that in controlling unlicensed cooked food hawkers using boiling oil, it could cause serious danger to the general public. I would like to know whether a review can be done to impose higher fines to those unlicensed cooked food hawkers?

MR. HILTON CHEONG-LEEN (in English):--I might mention something about the average court fines against illegal hawking activities. Unlicensed cooked food hawkers are normally charged for the offences of unlicensed hawking, street obstruction and if applicable, the sale of restricted food without permission. The average penalties imposed by the Court for these offenders are:

(a) an average fine of $180 plus mandatory forfeiture of hawking equipment and commodities for unlicensed hawking;

(b) an average fine of $130 for street obstruction; and

(c) an average fine of $230 for sale of restricted food without permission. On the question of having higher fines imposed on hawkers, I am sure Mr. MAN as a solicitor recognises the fact that the Judiciary is independent. But I shall be mentioning something further on that subject in answer to a question which will arise in a moment.

MR. PAO PING-WING (in Cantonese):—Mr. Chairman, according to the reply given by Mr. CHEONG-LEEN, of course, we understand that we should not interfere with the final sentence of penalty which is the responsibility of the Judiciary. But

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