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inspection, rigorous enforcement action is taken by the Hygiene Division (of the Department of Health) including seizure and destruction of food unsuitable for human consumption.
In respect of illegal food premises, the Department has been stepping up action to close down such premises which are unlicensable. Members will also be aware that special action is taken every summer against illegal cooked food hawkers which is backed up by a publicity campaign advising the public not to patronise such illegal hawkers.
It should also be noted that items of food which are particularly prone to deterioration including soft ice cream or ‘Leung Fan', a form of Chinese cold jelly, are categorised as restricted food. As such, this is subjected to even more stringent controls.
Bearing in mind Hong Kong's climate, the mass of population, and the huge number of food outlets, and I would include illegal food outlets, the number of cases of food poisoning is surprisingly small, roughly about 1%. That, however, we should not be complacent about and both the Department and the Department of Health are continuously reviewing and improving the systems of inspection and enforcement. Thank you, Mr. Chairman.
(Messrs. John K. P. FAN and Daniel K. T. WONG arrived at 2.34 p.m. and 2.37 p.m. respectively.)
2. MR. RONNIE M. C. WONG asked the following question (in English):- I understand that throwing garbage from motor vehicle is an offence and is subject to monetary fine of a few hundred dollars.
Unauthorized dumping of wasted concrete and dirt onto public places such as sidewalk, pedestrian, highway, etc. is a much more serious offence than the above, may I know what's the penalty for such serious offences and what measure we can take to deter people from doing this?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):-In answering this question some distinctions must be drawn between the terms 'dumping' and 'littering'. 'Dumping' is not a term defined in law. The legal term for the offence is in fact 'depositing of litter' or just 'littering'. 'Litter' in this context can mean anything from a cigarette end to several tons of waste. The duty of the Urban Council is to collect waste, a discretionary, under Cap. 132. The Waste Disposal Ordinance while designating the Council as a 'Waste Collection Authority' retains this discretion. In exercising this discretion, the Urban Council is concerned primarily with domestic waste, the household waste.
It is, however, acknowledged that in terms of common usage 'littering' and 'dumping' are different and the difference relates to quantity. This question is concerned with 'dumping', that is, a large scale of depositing of litter from whatever sources.
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HONG KONG URBAN COUNCIL
23
The Council's concern is primarily confined to household waste and action in the case of dumping by vehicle of household waste would be under By-law 9A of the Public Cleansing and Prevention of Nuisances By-laws under which there is vicarious penalty for the vehicle's registered owner. Although not our Council's primary concern, if an act of dumping of non-household waste was seen by Departmental staff, action would be taken. The same also applies to dumping other than from a vehicle which is actionable under By-law 4.
Often, however, the act of dumping is not witnessed and the problem remains of removing the deposited waste by the offender. If it is household waste the Department will remove it normally within 24 hours. If it is other forms of waste or in quantities that our staff and equipment cannot handle we will notify the Highways Department in respect of street deposits and the Buildings and Lands Department in respect of deposits on the Crown Land. These two departments will normally remove such waste within a few days.
All types of dumping are actionable under Council By-laws and policies and Police, Highways Department and the Buildings and Lands Department are authorised to take action under the By-laws. The Summary Offences Ordinance (Cap. 228) also covers this offence but action would normally be taken under the By-laws because the penalties are higher-the maximum being $10,000 and 6 months imprisonment.
Although dumping and littering are the same offence, (that is, depositing of litter) the details are recorded on the summons document and the Courts do take this into account in handling out penalty. The average fines for last year were $278 for personal littering, just a littering of small wastes to $350 for littering from vehicles, whereas for so-called 'dumping' or large scale depositing of litter actionable under Cap. 132 the average fine was $880. The Department in the last year had 70 successful prosecutions for 'dumping'. The Department also regularly patrols prime sites for dumping of domestic waste.
The issue of dumping (irrespective of type) has been of concern to the Keep Hong Kong Clean Steering Committee and a phase of the Campaign has been 'Clean Road/Clean Work Site'. In this connection, efforts are continuously made to educate private refuse collectors and building contractors on proper disposal methods.
Whilst the problem of household waste dumping is under control, other forms of dumping are being dealt with by joint efforts of different government departments including USD. The concern expressed in this question will be put to the relevant authorities for them to take the appropriate actions. Thank you, Mr. Chairman.
MR. JASON K. Y. YUEN (in English): Mr. Chairman, I wish to ask a supplementary question. We have quite often observed that the contractors' lorries containing debris or crushed stones or sand for concrete mixing in uncovered or leaking containers at the back of their vehicles and consequently littering the road
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HONG KONG URBAN COUNCIL
inspection, rigorous enforcement action is taken by the Hygiene Division (of the Department of Health) including seizure and destruction of food unsuitable for human consumption.
In respect of illegal food premises, the Department has been stepping up action to close down such premises which are unlicensable. Members will also be aware that special action is taken every summer against illegal cooked food hawkers which is backed up by a publicity campaign advising the public not to patronise such illegal hawkers.
It should also be noted that items of food which are particularly prone to deterioration including soft ice cream or ‘Leung Fan', a form of Chinese cold jelly, are categorised as restricted food. As such, this is subjected to even more stringent controls.
Bearing in mind Hong Kong's climate, the mass of population, and the huge number of food outlets, and I would include illegal food outlets, the number of cases of food poisoning is surprisingly small, roughly about 1%. That, however, we should not be complacent about and both the Department and the Department of Health are continuously reviewing and improving the systems of inspection and enforcement. Thank you, Mr. Chairman.
(Messrs. John K. P. FAN and Daniel K. T. WONG arrived at 2.34 p.m. and 2.37 p.m. respectively.)
2. MR. RONNIE M. C. WONG asked the following question (in English):- I understand that throwing garbage from motor vehicle is an offence and is subject to monetary fine of a few hundred dollars.
Unauthorized dumping of wasted concrete and dirt onto public places such as sidewalk, pedestrian, highway, etc. is a much more serious offence than the above, may I know what's the penalty for such serious offences and what measure we can take to deter people from doing this?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):-In answering this question some distinctions must be drawn between the terms 'dumping' and 'littering'. 'Dumping' is not a term defined in law. The legal term for the offence is in fact 'depositing of litter' or just 'littering'. 'Litter' in this context can mean anything from a cigarette end to several tons of waste. The duty of the Urban Council is to collect waste, a discretionary, under Cap. 132. The Waste Disposal Ordinance while designating the Council as a 'Waste Collelction Authority' retains this discretion. In exercising this discretion, the Urban Council is concerned primarily with domestic waste, the household waste.
It is, however, acknowledged that in terms of common usage 'littering' and 'dumping' are different and the difference relates to quantity. This question is concerned with 'dumping', that is, a large scale of depositing of litter from whatever sources.
Page 13 of 126
HONG KONG URBAN COUNCIL
23
The Council's concern is primarily confined to household waste and action in the case of dumping by vehicle of household waste would be under By-law 9A of the Public Cleansing and Prevention of Nuisances By-laws under which there is vicarious penalty for the vehicles registered owner. Although not our Council's primary concern, if an act of dumping of non-household waste was seen by Departmental staff, action would be taken. The same also applies to dumping other than from a vehicle which is actionable under By-law 4.
Often, however, the act of dumping is not witnessed and the problem remains of removing the deposited waste by the offender. If it is household waste the Department will remove it normally within 24 hours. If it is other forms of waste or in quantities that our staff and equipment cannot handle we will notify the Highways Department in respect of street deposits and the Buildings and Lands Department in respect of deposits on the Crown Land. These two departments will normally remove such waste within a few days.
All types of dumping are actionable under Council By-laws and policies and Police, Highways Department and the Buildings and Lands Department are authorised to take action under the By-laws. The Summary Offences Ordinance (Cap. 228) also covers this offence but action would normally be taken under the By-laws because the penalties are higher-the maximum being $10,000 and 6 months imprisonment.
Although dumping and littering are the same offence, (that is, depositing of litter) the details are recorded on the summons document and the Courts do take this into account in handling out penalty. The average fines for last year were $278 for personal littering, just a littering of small wastes to $350 for littering from vehicles, whereas for so-called 'dumping' or large scale depositing of litter actionable under Cap. 132 the average fine was $880. The Department in the last year had 70 successful prosecutions for 'dumping'. The Department also regularly patrols prime sites for dumping of domestic waste.
The issue of dumping (irrespective of type) has been of concern to the Keep Hong Kong Clean Steering Committee and a phase of the Campaign has been 'Clean Road/Clean Work Site'. In this connection, efforts are continuously made to educate private refuse collectors and building contractors on proper disposal methods.
Whilst the problem of household waste dumping is under control, other forms of dumping are being dealt with by joint efforts of different government departments including USD. The concern expressed in this question will be put to the relevant authorities for them to take the appropriate actions. Thank you, Mr. Chairman.
MR. JASON K. Y. YUEN (in English): Mr. Chairman, I wish to ask a supplementary question. We have quite often observed that the contractors' lorries containing debris or crushed stones or sand for concrete mixing in uncovered or leaking containers at the back of their vehicles and consequently littering the road
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