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himself. The net result of the Chairman of Market and Street Traders Select Committee's answers was that this particular point would be referred to the 'Working Party to Review Hawker and Related Policies', which would meet soon. (a) Has this special committee in fact met and if not, why not?
(b) Has progress of any sort been made on my proposal to change the said By-laws 12(1)?
MR. HILTON CHEONG-LEEN, CHAIRMAN OF THE MARKETS AND STREET TRADERS SELECT COMMITTEE, replied as follows (in English):- Mr. Chairman, Mr. BERNACCHI's question concerns a proposal made at the meeting of the Urban Council on 18 July 1989 to consider amending By-law 12(1) of the Hawker (Urban Council) By-laws to enable a proven close relative of a licensed hawker to be registered as an assistant and be permitted to hawk in the absence of the licensee.
By-law 12(1) provides that a licensee who holds a fixed pitch hawker licence may employ any number of assistants in carrying on his business, but an assistant is not permitted to engage in hawking during the absence of the licensee from his pitch other than absence for reasonable cause. It must be emphasized that it is Council's policy that hawker licences are issued to those who actually hawk and who need to do so in order to earn a living. The present provision is intended to reduce the chances of sub-letting of hawker stalls or actual running of the business by someone other than the licensee through criminal intimidation.
By-law 11(1) of the same By-laws, however, provides that where a licensee leaves or intends to leave Hong Kong or is incapacitated by illness, for a period of more than 8 days, he may appoint a deputy during this period.
The Department, however, recognizes that a licensee may genuinely need to be absent from his stall on a daily basis to, for example, replenish his stock or go out for meals. The operation of the business by an assistant or any other person during such absences is normally not allowed, although legally permissible in the case of absence for reasonable cause. To overcome the situation and following from Mr. BERNACCHI's proposal, the Department is considering a possible additional provision to By-law 11 whereby the Council may, in circumstances not covered by By-law 11(1), consider appointment of a deputy upon application for such period of time and under such conditions as may be deemed appropriate. In order to prevent subletting, the Council could stipulate that deputies thus appointed be specified family members.
With respect to the remaining part of the question, the Working Party completed its major task by the issue of the Working Party's Report in July 1987. Further meetings, however, took place whenever there was a need to further review policy issues. The last meeting was held in February this year. The Working Party will meet again within the next month to discuss the issues of Itinerant Hawker Licences and the Review of the Computerization of the Hawker Conviction System. The Department is now preparing a paper on the issue raised by Mr. BERNACCHI, and this will hopefully be put to the Working Party for discussion soon.
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5. MR. STEPHEN HO FEI-CHI asked the following question (in Cantonese):- I have noticed that the hot-pot business conducted on the pavement is usually becoming very popular during winter. With the forthcoming cold season, may I be informed of the measures taken by the Council regarding my concerns, namely, (a) protection of the public from unhygienic food;
(b) safety of departmental staff in the execution of arresting the hot-pot traders?
MR. TONG KAM-BIU, VICE-CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in Cantonese): Mr. Chairman, the first question concerns hot-pot business conducted on the pavement and measures taken to protect the public from unhygienic food. All licensed and unlicensed food businesses, including the hot-pot business, are regularly inspected by District Health Inspectors. Any extension of the operation to the pavement by licensed or unlicensed establishments is a breach of the law and is subject to enforcement action. The licensees or operators concerned will be prosecuted under the Food Business (Urban Council) By-laws or Summary Offences Ordinance as appropriate. Additional charges will be laid if the food is found to be improperly handled or unprotected from contamination. In accordance with existing policy licensed premises will have their licences suspended for repeated convictions of offences, whilst unlicensed premises are liable to physical closure action. Hawkers who operate hot-pot business are subject to arrest by the General Duties Teams or the Police.
The second question concerns the safety of departmental staff in the execution of arrest of hot-pot traders. It seems as if this is for the Markets and Street Traders Select Committee, and perhaps Mr. CHEONG-LEEN can supplement. When arrest action is carried out, the hot-pot traders are subject to physical arrest and seizure of their food and equipment. Departmental staff normally deployed to execute arrest action are General Duties Team members who have had general basic training. The training course provides practical examples on how to arrest hawkers, and the General Duties Team staff are particularly trained to take necessary precautions when seizing hot food commodities and equipment from cooked food hawkers and hot-pot traders. In fact, in each and every operation involving seizure action of this nature, General Duties Team members are briefed on the appropriate measures to avoid injuries. When enforcement action against cooked food hawkers or hot-pot traders is expected to give rise to resistance or confrontation which is likely to endanger the safety of General Duties Team members, police assistance is normally enlisted or joint operation arranged.
6. MR. HILTON CHEONG-LEEN asked the following question (in English):- Residents in the vicinity of the Spring Garden Lane Refuse Collection Point in
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himself. The net result of the Chairman of Market and Street Traders Select Committee's answers was that this particular point would be referred to the 'Working Party to Review Hawker and Related Policies', which would meet soon. (a) Has this special committee in fact met and if not, why not?
(b) Has progress of any sort been made on my proposal to change the said
By-laws 12(1)?
MR. HILTON CHEONG-LEEN, CHAIRMAN OF THE MARKETS AND STREET TRADERS SELECT COMMITTEE, replied as follows (in English):-Mr. Chairman, Mr. BERNACCHI's question concerns a proposal made at the meeting of the Urban Council on 18 July 1989 to consider amending By-law 12(1) of the Hawker (Urban Council) By-laws to enable a proven close relative of a licensed hawker to be registered as an assistant and be permitted to hawk in the absence of the licensee.
By-law 12(1) provides that a licensce who holds a fixed pitch hawker licence may employ any number of assistants in carrying on his business, but an assistant is not permitted to engage in hawking during the absence of the licensee from his pitch other than absence for reasonable cause. It must be emphasized that it is Council's policy that hawker licences are issued to those who actually hawk and who need to do so in order to earn a living. The present provision is intended to reduce the chances of sub-letting of hawker stalls or actual running of the business by someone other than the licensee through criminal intimidation.
By-law 11(1) of the same By-laws, however, provides that where a licensee leaves or intends to leave Hong Kong or is incapacitated by illness, for a period of more than 8 days, he may appoint a deputy during this period.
The Department, however, recognizes that a licensee may genuinely need to be absent from his stall on a daily basis to, for example, replenish his stock or go out for meals. The operation of the business by an assistant or any other person during such absences is normally not allowed, although legally permissible in the case of absence for reasonable cause. To overcome the situation and following from Mr. BERNACCHI's proposal, the Department is considering a possible additional provision to By-law 11 whereby the Council may, in circumstances not covered by By-law 11(1), consider appointment of a deputy upon application for such period of time and under such conditions as may be deemed appropriate. In order to prevent subletting, the Council could stipulate that deputies thus appointed be specified family members.
With respect to the remaining part of the question, the Working Party completed its major task by the issue of the Working Party's Report in July 1987. Further meetings, however, took place whenever there was a need to further review policy issues. The last meeting was held in February this year. The Working Party will meet again within the next month to discuss the issues of Itinerant Hawker Licences and the Review of the Computerization of the
HONG KONG URBAN COUNCIL
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Hawker Conviction System. The Department is now preparing a paper on the issue raised by Mr. BERNACCHI, and this will hopefully be put to the Working Party for discussion soon.
5. MR. STEPHEN HO FEI-CHI asked the following question (in Cantonese):- I have noticed that the hot-pot business conducted on the pavement is usually becoming very popular during winter. With the forthcoming cold season, may I be informed of the measures taken by the Council regarding my concerns, namely, (a) protection of the public from unhygienic food;
(b) safety of departmental staff in the execution of arresting the hot-pot traders?
MR. TONG KAM-BIU, VICE-CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in Cantonese): Mr. Chairman, the first question concerns hot-pot business conducted on the pavement and measures taken to protect the public from unhygienic food. All licensed and unlicensed food businesses, including the hot-pot business, are regularly inspected by District Health Inspectors. Any extension of the operation to the pavement by licensed or unlicensed establishments is a breach of the law and is subject to enforcement action. The licensees or operators concerned will be prosecuted under the Food Business (Urban Council) By-laws or Summary Offences Ordinance as appropriate. Additional charges will be laid if the food is found to be improperly handled or unprotected from contamination. In accordance with existing policy licensed premises will have their licences suspended for repeated convictions of offences, whilst unlicensed premises are liable to physical closure action. Hawkers who operate hot-pot business are subject to arrest by the General Duties Teams or the Police.
The second question concerns the safety of departmental staff in the execution of arrest of hot-pot traders. It seems as if this is for the Markets and Street Traders Select Committee, and perhaps Mr. CHEONG-LEEN can supplement. When arrest action is carried out, the hot-pot traders are subject to physical arrest and seizure of their food and equipment. Departmental staff normally deployed to execute arrest action are General Duties Team members who have had general basic training. The training course provides practical examples on how to arrest hawkers, and the General Duties Team staff are particularly trained to take necessary precautions when seizing hot food commodities and equipment from cooked food hawkers and hot-pot traders. In fact, in each and every operation involving seizure action of this nature, General Duties Team members are briefed on the appropriate measures to avoid injuries. When enforcement action against cooked food hawkers or hot-pot traders is expected to give rise to resistance or confrontation which is likely to endanger the safety of General Duties Team members, police assistance is normally enlisted or joint operation arranged.
6. MR. HILTON CHEONG-LEEN asked the following question (in English):- Residents in the vicinity of the Spring Garden Lane Refuse Collection Point in
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