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boards in both urban areas and rural areas and they have a lot of such facilities. So shall we have to take up the responsibility for cleaning? Is it something within our terms of reference or usual practice?

MR. PETER C. K. CHAN (in Cantonese):—Actually, this has been agreed among various government departments. Since district boards use tax-payers' money, and we use rate-payers' money so we are parts of the same government after all.

4. MR. FUNG KWONG-CHUNG asked the following question (in Cantonese):- I recently received complaints from San Po Kong residents against restaurants in the district, in particular those at Hong Keung Street and Yi Lun Street, which often extend the area of their business onto the streets by placing additional tables and chairs on the footpath, causing great inconvenience, nuisance and en- vironmental problems to nearby residents and pedestrians. I would like to know:

(a) How does the Council control these restaurants in San Po Kong and how

frequent are the offenders prosecuted?

(b) Does the Council increase inspections at night to deter restaurants from

illegal extension of business onto the streets?

(c) Has the Council ever taken any abatement measures or prosecution

against these restaurants?

DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):-Mr. Chairman, Mr. FUNG asks a number of questions concerning control over restaurant extensions in San Po Kong.

In reply to Mr. FUNG's first question, I am advised by the Department that District Health Inspectors prosecute the licensee of a restaurant for the following offences according to the evidence collected at the time of inspection:

(i) Section 4A of the Summary Offences Ordinance (Cap. 228) for causing

obstruction in public places;

(ii) Section 22(1)(a) of the Public Health and Municipal Services Ordinance

(Cap. 132) for causing obstruction to scavenging operations;

(iii) Bylaw 13(1) of the Food Business (Urban Council) By-laws (Cap. 132) for using open space etc. for food preparation, scullery and storage purposes;

(iv) By-law 32(1) of the Food Business (Urban Council) By-laws (Cap. 132)

for carrying on an unlicensed food business; and

(v) By-law 35(a) of the Food Business (Urban Council) By-laws (Cap. 132) for causing unauthorized alteration or addition to licensed premises. Under the current Council policy, convictions of the contravention under By-law 13(1) or By-law 35(a) of the Food Business (Urban Council) Bylaws are countable offences, they are cumulative, under the Demerit Point System leading to the suspension or cancellation of their licences. 3 demerit points. and 5 demerit points respectively will be registered against the licence for Page 15 of 126

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convictions under By-law 13(1) for using open space for food preparation and By-law 35(a) for causing unauthorized alteration or addition to licensed premises and the licence is liable to be suspended if an accumulation of 15 or more demerit points within a period of 12 months. Such control measures are applicable to all licensed food premises in the Urban Council area. The frequency of prosecution action being taken depends upon the severity of the irregularities and the readiness of the licensee to take corrective steps to rectify the malpractice.

The answer to the second question is yes in San Po Kong and in all other areas in the Urban Council area if there is a need for this night action. District Health Inspectors are required regularly to conduct inspection at night because many restaurants engage solely in the evening trade or late night trade. If increased inspections are necessary with respect to particular premises, this is also done. At present, there are 12 licensed restaurants in Wong Tai Sin District which require inspections at night of which one is located in San Po Kong.

Referring to Mr. FUNG's third question, departmental staff have, during the past 6 months, taken out 20 prosecutions in respect of restaurant extensions of which 11 were in San Po Kong area. (Please see Appendix I.)

5. MR. FUNG KWONG-CHUNG asked the following question (in Cantonese):--- The Council is now launching a highway beautification programme in urban area, mainly for beautifying the roads and flyovers which have high traffic flow. However, has the Council ever considered to plant trees along the main roads of the newly built housing estates or residential areas such as Chuk Yuen Road of Chuk Yuen Estate and Shatin Pass Road for the greening of the environment?

MR. PETER C. K. CHAN, CHAIRMAN OF THE RECREATION SELECT COMMITTEE, replied as follows (in Cantonese):-The question is whether the Council has ever considered planting trees along main roads of newly built housing estates or residential areas.

The current policy is that as far as tree planting on roads and pavements within Housing Estates is concerned, it is the responsibility of the Housing Authority and the Housing Department has a team of landscape architects and horticulturists to do this.

Outside Housing Estates, the Urban Services Department draws up a programme in consultation with the Highways Department under the Highways Beautification Scheme. This programme is put to the Council for approval once every 2 years to cover planting in open space and planters along highways and underneath flyovers. The last programme was approved by the Council in September 1990.

Planting on pavements, however, do present problems because of conflict with pedestrians, effects on traffic particularly bus operations, effects on street-lighting and underground services, all of which have seriously restricted

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progress. But nevertheless USD and Highways Department do plant on pavements whenever these problems can be overcome. For the current financial year, there are plans to plant some 500 trees under the Roadside Tree Planting Programme throughout the territory. Mr. FUNG may be pleased to know the Chuk Yuen Road is included in this year's Roadside Tree Planting Programme, and it is hoped that some 140 trees will be planted there in the course of the year.

MR. MAN SAI-CHEONG (in Cantonese):-Mr. Chairman, we know that greenery of places is not the sole responsibility of the Urban Council. The Urban Council can co-operate with other government departments particularly the Housing Department and the Transport Department to have a comprehensive programme and a long term plan in this respect. I would like to ask whether the Urban Council can take the initiative in the coming years to work with other departments and policy branches to come up with a greenery programme?

MR. PETER C. K. CHAN (in Cantonese):-I don't think the Housing Department needs our help because they have a lot of money. As soon as they raise rents on the commercial premises, they will be able to make a lot of money. I have been here for over two decades, and I remember that initially the Housing Department did not have their own nursery neither do they have a tree planting programme. It was the Urban Council who helped them to set up a nursery and also a programme for planting of trees. As to other tree planting programmes, I think the Urban Council is always willing to lend a helping hand. To cite an example, the Kowloon Tong Area Committee would like to plant some trees in the Kowloon Tong area and they had to find out whether there were any underground services, e.g. electricity mains, water pipes, etc. there. A lot of problems would have to be overcome before the programme could come into fruition and the Urban Council was always willing to help once those problems were solved. I am sure that the Urban Council through the Urban Services Department will be able to assist in the tree planting programme. I think our colleagues can take pride in this as we have made a lot of contributions. I am sure after CUC and my departure, the Council will continue to contribute in this aspect.

6. MR. MA LEE-WO asked the following question (in Cantonese):—At the Urban Council Monthly Meeting on April 10th last year, I called for a thorough solution to the poor ventilation problem of the Cheung Sha Wan Cooked Food Market. In his reply that day, the Chairman of Markets and Street Traders Committee said that the issue would be looked into and discussed by the Committee, and that the Department was actively identifying a viable permanent site for the market. Regrettably the Committee has still not yet discussed the issue. After a lapse of fully 400 days, the Cheung Sha Wan Cooked Food Market is still left with the problem of poor ventilation and exceptionally high temperature, particularly at midday and in the afternoon. In this poor condition, would people be happy to patronize the foodstalls there?

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