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The second question asks that a suggestion be made to the Courts to impose heavier fines on unlicensed cooked food hawkers.
I should first point out that the Judiciary is independent. Nevertheless, the Working Party to Review Hawker and Related Policies, in its meeting with the Judiciary representatives and in the publication of its consultative document, did impress upon the Judiciary the nuisances caused by illegal hawking in general and the potential hygiene and other hazards posed by unlicensed cooked food hawkers in particular. In this respect, legislative amendments were made in 1987 to raise the maximum penalties for unlicensed hawking to a fine of $2,500 and one month's imprisonment for the first conviction, and a fine of $5,000 and 6 months' imprisonment for the second and subsequent convictions. The recent computerization of hawker conviction records has also enabled the Courts to have useful information for reference in imposing appropriate penalties. Further opportunities will be sought to impress upon the Courts to take a more serious view on hawker offences, in particular that of hawking cooked food without a licence.
MISS CHRISTINA TING YUK-CHEE (in Cantonese):—Mr. Chairman, I have repeatedly emphasized the point that I really do appreciate the television API on the sale of beef's stripes. I hope that similar API can be done on the use of boiling oil by illegal cooked food hawkers. I am sure that there is going to have a deterrent effect. Secondly, I would like to emphasize that the use of boiling oil by illegal hawkers has caused a lot of danger to the general public. I hope that the Court can impose heavier fines to punish those illegal cooked food hawkers.
MR. HILTON CHEONG-LEEN (in English):—Mr. Chairman, as I have mentioned already in my reply that Miss Christina TING's comment and suggestion would be passed on to the Committee to see what further can be done.
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):—Mr. Chairman, since the API on beef's stripe is very exaggerated, it has achieved its goal. Regarding API on the use of boiling oil by illegal hawkers, I wonder if there is any adverse effect. A lot of people including myself like to eat fried food because it is very delicious. Besides, I presume frying food may kill all germs. I really wonder if an API on fried food is going to have a negative effect to encourage more people to patronize illegal hawkers using boiling oil to fry food.
MR. HILTON CHEONG-LEEN (in English):—I think the Chairman of the Public Health Select Committee should rise to give advice. But my only comment to Mr. Joseph CHAN's point is that firstly as I have already mentioned that Miss TING's suggestion will be passed on to the Committee and of course, Mr. Joseph CHAN'S comment will equally be passed on to the Committee and so they will consider both points.
MR. CHAIRMAN (in English):—Dr. LEUNG, would you like to give us your medical advice?
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DR. RONALD D. B. LEUNG (in English):—Mr. Chairman, as regards eating from fried food, I would give medical advice to Mr. Joseph CHAN not to indulge too much in it because it contains a lot of saturated fatty acid. It is bad for cholesterol and blood vessels. But the gist of the question is regarding the spilling of boiled oil and in the process I remembered that a boy was badly burned. This was the gist of the question and not the eating of fried food, so I don't think any publicity on this aspect would have adverse effect. I would support that we should make an API and publicize the danger of spilling of boiling oil from the illegal hawkers, especially those trade in the trolleys.
MR. HILTON CHEONG-LEEN (in English):—Mr. Chairman, of course, the Committee would have to go back and check over the past year to see how many actual cases had happened. As I mentioned it is much more important to go after the wider and more important question of the public not to patronize illegal hawkers and illegal cooked food hawkers in particular because that does represent a danger to public health. Of course, the point raised by Miss TING will be considered as well when the overall question is studied.
6. MR. FUNG KWONG-CHUNG, asked the following question (in Cantonese):—The Government has earlier introduced the regulation governing prepackaged food, which stipulates that the ingredients and expiry date of the food have to be labelled on the packaging of all food. The original purpose of this regulation is to impose restrictions on food manufacturers. But up to the present, people still find that they have from time to time purchased food beyond its expiry date, particularly for food which lasts short preservation period, such as fresh milk. From this, we can see that publicity to the general public is still inadequate. I, therefore, have the following questions:
(i) Is it stipulated in the regulation that food manufacturers have to remove all their products upon the expiry date so as to protect public health and consumers' rights?
(ii) How does the Council handle complaints on the sale of food and merchandise after their expiry date and what actions will be taken on the shops or supermarkets concerned?
(iii) Has consideration been given to further publicize the regulation on prepackaged food so as to enhance its effectiveness?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE replied as follows (in English):—Mr. Chairman, by asking this question, Mr. FUNG has raised a very important issue regarding our consumption of prepackaged food which when improperly used may affect our health. He is obviously referring to the 1985 revised version of the Food and Drugs (Composition and Labelling) Regulations, Cap. 132, section 55. In the regulations it was stipulated clearly that the prepackaged food should state, in the label, specifying the ingredients, minimal durability (ERE) and special conditions for storage of the food. The term 'expiry date', as referred by Mr. FUNG in the question, was not used in the regulation. Instead, the term 'minimal durability'
288
HONG KONG URBAN COUNCIL
The second question asks that a suggestion be made to the Courts to impose heavier fines on unlicensed cooked food hawkers.
I should first point out that the Judiciary is independent. Nevertheless, the Working Party to Review Hawker and Related Policies, in its meeting with the Judiciary representatives and in the publication of its consultative document, did impress upon the Judiciary the nuisances caused by illegal hawking in gen- eral and the potential hygiene and other hazards posed by unlicensed cooked food hawkers in particular. In this respect, legislative amendments were made in 1987 to raise the maximum penalties for unlicensed hawking to a fine of $2,500 and one month's imprisonment for the first conviction, and a fine of $5,000 and 6 month's imprisonment for the second and subsequent convictions. The recent computerization of hawker conviction records has also enabled the Courts to have useful information for reference in imposing appropriate penalties. Further opportunities will be sought to impress upon the Courts to take a more serious view on hawker offences, in particular that of hawking cooked food without a licence.
MISS CHRISTINA TING YUK-CHEE (in Cantonese):-Mr. Chairman, I have re- peatedly emphasized the point that I really do appreciate the television API on the sale of beef's stripes. I hope that similar API can be done on the use of boiling oil by illegal cooked food hawkers. I am sure that there is going to have a deterrent effect. Secondly, I would like to emphasize that the use of boiling oil by illegal hawkers has caused a lot of danger to the general public. I hope that the Court can impose heavier fines to punish those illegal cooked food hawkers.
MR. HILTON CHEONG-LEEN (in English):—Mr. Chairman, as I have mentioned already in my reply that Miss Christina TING's comment and suggestion would be passed on to the Committee to see what further can be done.
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):—Mr. Chairman, since the API on beef's stripe is very exaggerated, it has achieved its goal. Regarding API on the use of boiling oil by illegal hawkers, I wonder if there is any adverse effect. A lot of people including myself like to eat fried food because it is very delicious. Besides, I presume frying food may kill all germs. I really wonder if an API on fried food is going to have a negative effect to encourage more people to patronize illegal hawkers using boiling oil to fry food.
MR. HILTON CHEONG-LEEN (in English):-I think the Chairman of the Public Health Select Committee should rise to give advice. But my only comment to Mr. Joseph CHAN's point is that firstly as I have already mentioned that Miss TING's suggestion will be passed on to the Committee and of course, Mr. Joseph CHAN'S comment will equally by passed on to the Committee and so they will consider both points.
MR. CHAIRMAN (in English):-Dr. LEUNG, would you like to give us your medi-
cal advice?
HONG KONG URBAN COUNCIL
289
DR. RONALD D. B. LEUNG (in English):—Mr. Chairman, as regards eating from fried food, I would give medical advice to Mr. Joseph CHAN not to indulge too much in it because it contains a lot of saturated fatty acid. It is bad for cholesterol and blood vessels. But the gist of the question is regarding the spilling of boiled oil and in the process I remembered that a boy was badly burned. This was the gist of the question and not the eating of fried food, so I don't think any publicity on this aspect would have adverse effect. I would support that we should make an API and publicize the danger of spilling of boiling oil from the illegal hawkers, especially those trade in the trolleys.
MR. HILTON CHEONG-LEEN (in English):—Mr. Chairman, of course, the Com- mittee would have to go back and check over the past year to see how many actual cases had happened. As I mentioned it is much more important to go after the wider and more important question of the public not to patronize illegal hawkers and illegal cooked food hawkers in particular because that does represent a danger to public health. Of course, the point raised by Miss TING will be considered as well when the overall question is studied.
6. MR. FUNG KWONG-CHUNG, asked the following question (in Cantonese):- the Government has earlier introduced the regulation governing prepackaged food, which stipulates that the ingredients and expiry date of the food have to be labelled on the packaging of all food. The original purpose of this regulation is to impose restrictions on food manufacturers. But up to the present, people still find that they have from time to time purchased food beyond its expiry date, particu- larly for food which lasts short preservation period, such as fresh milk. From this, we can see that publicity to the general public is still inadequate. I, therefore, have the following questions:
(i) Is it stipulated in the regulation that food manufacturers have to resume all their products upon the expiry date so as to protect public health and con- sumers' rights?
(ii) How does the Council handle complaints on the sale of food and merchan- dise after their expiry date and what actions will be taken on the shops or supermarkets concerned?
(iii) Has consideration been given to further publicize the regulation on pre-
packaged food so as to enhance its effectiveness?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COM- MITTEE replied as follows (in English):--Mr. Chairman, by asking this question, Mr. FUNG has raised a very important issue regarding our consumption of pre- packaged food which when improperly used may affect our health. He is obvi- ously referring to the 1985 revised version of the Food and Drugs (Composition and Labelling) Regulations, Cap. 132, section 55. In the regulations it was stipulated clearly that the prepackaged food should state, in the label, specify- ing the ingredients, minimal durability (ERE) and special conditions for storage of the food. The term 'expiry date', as referred by Mr. FUNG in the question, was not used in the regulation. Instead, the term 'minimal durability'
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