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HONG KONG URBAN COUNCIL
MR. ARTHUR CHAM YAU-TONG (in Cantonese): Mr. Chairman, this question arises out of the fact that many people who use such public bathhouses have reflected their views to us that on very cold days, they have to take a bath with cold water and no hot water is supplied. Dr. LEUNG told us recently about the possibility of closing down some of these public bathhouses, but I think we need to look into this matter carefully because people go to such public bathhouses only when necessary. If they possess their own bathrooms in their houses, they need not come to such public bathhouses. I think closing down such facilities will therefore make life difficult for such people who need to take a bath in public bathhouses. Could Dr. LEUNG consider giving greater flexibility for the supply of hot water to public bathhouses? It is because even though the temperature ranges about 25°C for 3 consecutive days, it does not necessarily mean that the temperature will not fall again. People will not be able to get the supply of hot water if the temperature suddenly drops below 25°C. So can we have greater flexibility?
(Miss Christina TING Yuk-chee and Mr. John Wu arrived at 2:34 p.m.)
DR. DONALD D. B. LEUNG (in English): Mr. Chairman, yes, surely I think I would have full sympathy with some of the citizens who have to use public bathhouses. As mentioned in the question, flexibility is always applied to decide on the hours and the sensitivity to environmental temperature, I think, varies from individuals to individuals. Although we set the limit to 20°C or below or 25°C or above, I think the Department has a sense enough to apply flexibility. We can perhaps widen this temperature range so as to make the public more convenient.
2. MR. HILTON CHEONG-LEEN asked the following question (in English): Various complaints have been received about nuisances and obstruction being caused by the illegal extension of business on the pavement in front of licensed food premises:
(a) What is the present policy in dealing with such complaints, and is the enforcement of such policy effective enough?
(b) Can the licensing conditions to the licence be amended so that it will be possible to suspend, or cancel a licence in the case of flagrant repeat offenders?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE replied as follows (in English): Mr. Chairman, The first part of the question concerns the present policy in dealing with complaints on nuisances and obstructions caused by illegal extension of licensed food premises onto the pavement and the effectiveness of such policy.
Extension of business onto pavements is a breach of the law and is subject to enforcement action. The Department regularly takes enforcement action against offenders under the following pieces of legislation:
(a) Section 4A of the Summary Offences Ordinance (Cap. 228) for causing obstruction in public places;
HONG KONG URBAN COUNCIL
5
(b) By-law 13(1) of the Food Business (Urban Council) By-laws (Cap. 132) for using open space, etc. for activities related to the food business; and
(c) By-law 32(1) of the Food Business (Urban Council) By-laws (Cap. 132) for carrying on an unlicensed food business.
Council's current policy is that convictions for offences under By-law 13(1) or By-law 32(1) of the Food Business (Urban Council) By-laws are recorded against the licensed food premises for the purpose of suspension or cancellation of licences. A licence is liable to be suspended when three convictions for offences under the Public Health and Municipal Services Ordinance and its subsidiary legislation committed within a period of 12 months are recorded.
Apart from prosecution action under Section 4A of the Summary Offences Ordinance, joint operations are periodically mounted with the Police, who have the powers of removal, to seize tables and chairs placed outside licensed food premises. Although the paraphernalia have to be returned to owners, such seizure causes considerable inconvenience and disruption to the food business and serves as a good deterrent. However, this course of action cannot be taken too frequently because of the limitation of manpower resources.
Admittedly, the measures I mentioned cannot be considered as entirely effective. Because of high customer patronage and hence lucrative profit margins, operations of many food premises are prepared to breach the law and to regard the financial penalties incurred as part of their normal business overhead. Very often, the extension is of a movable nature, such as placing of tables and stools or washing up on the pavement. In other cases, operators take advantage of the late evening and early morning hours when the majority of the Department's enforcement staff are off-duty. These make the Department's enforcement action very difficult. Notwithstanding the difficulties, the Department will continue to explore ways and means to tackle this complex problem, together with other departments which are responsible for street management.
The second part of the question asks whether the licensing conditions can be amended so that a licence may be suspended or cancelled in the case of frequent and repeated offences.
At present, there is no explicit licensing condition to control the illegal extension of food business onto the pavement. However, the Department is considering the introduction of such a measure. In addition, the Department prosecutes offenders under By-law 35(a) of the Food Business (Urban Council) By-laws where there is a material deviation from the plan approved for the premises which gives particulars of the space allocated to the serving of meals to customers. Conviction under this By-law will be recorded against the licensed premises for the purpose of suspension or cancellation of the licence.
MR. HILTON CHEONG-LEEN (in English): Mr. Chairman, with regard to the last paragraph of Dr. LEUNG's reply, could he be so kind as to ascertain from the Department as to when they could come to some conclusion in regard to the
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HONG KONG URBAN COUNCIL
MR. ARTHUR CHAM YAU-TONG (in Cantonese): Mr. Chairman, this question arises out of the fact that many people who use such public bathhouses have reflected their views to us that on very cold days, they have to take a bath with cold water and no hot water is supplied. Dr. LEUNG told us recently about the possibility of closing down some of these public bathhouses, but I think we need to look into this matter carefully because people go to such public bathhouses only when necessary. If they possess their own bathrooms in their houses, they need not come to such public bathhouses. I think closing down such facilities will therefore make life difficult for such people who need to take a bath in public bathhouses. Could Dr. LEUNG consider giving greater flexibility for the supply of hot water to public bathhouses? It is because even though the temperature ranges about 25°C for 3 consecutive days, it does not necessarily mean that the temperature will not fall again. People will not be able to get the supply of hot water if the temperature suddenly drops below 25°C. So can we have greater flexibility?
(Miss Christina TING Yuk-chee and Mr. John Wu arrived at 2.34 p.m.)
DR. DONALD D. B. LEUNG (in English):-Mr. Chairman, yes, surely I think I would have full sympathy with some of the citizen who have to use public bathhouses. As mentioned in the question flexibility is always applied to decide on the hours and the sensitivity to environmental temperature, I think, varies from individuals to individuals. Although we set the limit to 20°C or below or 25°C or above, I think the Department has a sense enough to apply flexibility. We can perhaps widen this temperature range so as to make the public more convenient.
2. MR. HILTON CHEONG-LEEN asked the following question (in English):- Various complaints have been received about nuisances and obstruction being caused by the illegal extension of business on the pavement in front of licensed food premises:
(a) What is the present policy in dealing with such complaints, and is the
enforcement of such policy effective enough?
(b) Can the licensing conditions to the licence be amended so that it will be possible to suspend, or cancel a licence in the case of flagrant repeat offenders?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE replied as follows (in English):—Mr. Chairman, The first part of the question concerns the present policy in dealing with complaints on nuisances and obstructions caused by illegal extension of licensed food premises onto the pavement and the effectiveness of such policy.
Extension of business onto pavements is a breach of the law and is subject to enforcement action. The Department regularly takes enforcement action against offenders under the following pieces of legislation:
(a) Section 4A of the Summary Offences Ordinance (Cap. 228) for causing
obstruction in public places;
HONG KONG URBAN COUNCIL
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5
(b) By-law 13(1) of the Food Business (Urban Council) By-laws (Cap. 132)
for using open space, etc. for activities related to the food business; and (c) By-law 32(1) of the Food Business (Urban Council) By-laws (Cap. 132)
for carrying on an unlicensed food business.
Council's current policy is that convictions for offences under By-law 13(1) or By-law 32(1) of the Food Business (Urban Council) By-laws are recorded against the licensed food premises for the purpose of suspension or cancellation of licences. A licence is liable to be suspended when three convictions for offences under the Public Health and Municipal Services Ordinance and its subsidiary legislation committed within a period of 12 months are recorded.
Apart from prosecution action under Section 4A of the Summary Offences Ordinance, joint operations are periodically mounted with the Police, who have the powers of removal, to seize tables and chairs placed outside licensed food premises. Although the paraphernalia have to be returned to owners, such seizure causes considerable inconvenience and disruption to the food business and serves as a good deterrent. However, this course of action cannot be taken too frequently because of the limitation of manpower resources.
Admittedly the measures I mentioned cannot be considered as entirely effective. Because of high customer patronage and hence lucrative profit margins, operations of many food premises are prepared to breach the law and to regard the financial penalties incurred as part of their normal business overhead. Very often, the extension is of a movable nature, such as placing of tables and stools or washing up on the pavement. In other cases, operators take advantage of the late evening and early morning hours when the majority of the Department's enforcement staff are off-duty. These make the Department's enforcement action very difficult. Notwithstanding the difficulties, the Department will continue to explore ways and means to tackle this complex problem, together with other departments which are responsible for street management.
The second part of the question asks whether the licensing conditions can be amended so that a licence may be suspended or cancelled in the case of frequent and repeated offences.
At present there is no explicit licensing condition to control the illegal extension of food business onto the pavement. However, the Department is considering the introduction of such a measure. In addition, the Department, prosecutes offenders under By-law 35(a) of the Food Business (Urban Council) By-laws where there is a material deviation from the plan approved for the premises which gives particulars of the space allocated to the serving of meals to customers. Conviction under this By-law will be recorded against the licensed premises for the purpose of suspension or cancellation of the licence.
MR. HILTON CHEONG-LEEN (in English):-Mr. Chairman, with regard to the last paragraph of Dr. LEUNG's reply, could he be so kind to ascertain from the Department as to when they could come to some conclusion in regard to the
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