1991 — Page 28

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 28 of 126

HONG KONG URBAN COUNCIL

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the inspection and management of imported food under the legislation is to be taken up by the Health and Welfare Branch and other relevant departments. Basically, the work of the Urban Council is not to inspect food at the border that is being imported into the territory. As I said in my reply, prosecution would be taken out when evidence was obtained by USD health inspectors. The Department does participate in the inspection of import of food. In other words, the USD, RSD, the Department of Health and other departments work through the co-ordination of the Department of Health under other ordinances to have control over the hygiene of imported food.

MR. STEPHEN LAU MAN-LUNG (in Cantonese):—Mr. Chairman, may I ask a question to Mr. Pao through you? According to the Public Health and Municipal Services Ordinance, Cap. 132, power is given to the Department to ensure that all imported food meet with the required health and hygiene standards. Under such circumstances, how can the retailers distinguish between food which is up to hygienic standard and which is unfit for human consumption? Could Mr. Pao enlighten us please?

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as pointed out in my reply, the Department takes action under sections 52(1) and 54(1) of the Ordinance. It stipulates that not only the producers or wholesalers but also retailers or any other persons will be held responsible as long as they sell food unfit for human consumption. In other words, anybody who sells food will have to ensure that the food sold is fit for human consumption. Of course not all retailers are able to set up their own laboratory for food testing, but under section 70 of the same Ordinance, it allows the defendant to prove that the contravention is due to the act or the default of some other persons. The court will definitely take this into consideration if sufficient evidence is provided.

MR. B. A. BERNACCHI (in English):—Mr. Chairman, I am a little bit confused. Under the Hong Kong system, somebody has to prosecute. Is it a member of the Urban Services Department, is it a member of the Police or whom in these sorts of offences?

MR. PAO PING-WING (in English):—Mr. Chairman, who should be prosecuted and who carry out the prosecution, I think it basically depends on which ordinance, bylaw and the situation. As I gave my answer in my earlier reply, the present practice, I mean the Urban Services Department's practice is that basically the prosecution is based on the evidence which our Health Inspectors carry out their duties. After substantiating adequate evidence, the Urban Services Department will prosecute the person or the organisation concerned.

MR. STEPHEN LAU MAN-LUNG (in Cantonese):-Mr. Chairman, I don't think Mr. Pao has given me a satisfactory reply. If a retailer can furnish information on where he has got his vegetable, in other words, he has not poisoned the vegetable himself, can he therefore be exempted from being prosecuted? It would be rather unfair to the retailers if prosecution is still to proceed although they can prove that they are not the ones who contaminate the vegetables.

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as to whether the persons will be penalized or not, it has to be decided by the court after listening to all evidence from all parties. I am afraid I cannot give a definite answer as to whether the retailers who have breached sections 52(1) or 54(1) will be fined or not. But I perfectly believe that the court will make a fair decision after taking all evidence into consideration.

MR. RONNIE WONG MAN-CHIU (in Cantonese):—Mr. Chairman, this North Point poisoned vegetables case has aroused different responses from the society. I would like to ask Mr. Pao whether he could take it up at his Select Committee and liaise with other government departments or policy branches to review the present procedure and responsibilities of inspection of imported food?

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the suggestion made by Mr. Wong will definitely be taken up by the Select Committee and it will liaise with other departments to see what we can do.

ADJOURNMENT-3.04 p.m.

CHAIRMAN (in English):-That concludes the business of today's meeting. The Council stands adjourned until Tuesday, 9 July 1991 at 2.30 p.m.

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Page 28 of 126 49 48 HONG KONG URBAN COUNCIL MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the inspection and management of imported food under the legislation is to be taken up by the Health and Welfare Branch and other relevant departments. Basically, the work of the Urban Council is not to inspect food at the border that is being imported into the territory. As I said in my reply, prosecution would be taken out when evidence was obtained by USD health inspectors. The Department does participate in the inspection of import of food. In other words, the USD, RSD, the Department of Health and other departments work through the co-ordination of the Department of Health under other ordinances to have control over the hygiene of imported food. MR. STEPHEN LAU MAN-LUNG (in Cantonese):—Mr. Chairman, may I ask a question to Mr. Pao through you? According to the Public Health and Municipal Services Ordinance, Cap. 132, power is given to the Department to ensure that all imported food meet with the required health and hygiene standards. Under such circumstances, how can the retailers distinguish between food which is up to hygienic standard and which is unfit for human consumption? Could Mr. Pao enlighten us please? MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as pointed out in my reply, the Department takes action under sections 52(1) and 54(1) of the Ordinance. It stipulates that not only the producers or wholesalers but also retailers or any other persons will be held responsible as long as they sell food unfit for human consumption. In other words, anybody who sells food will have to ensure that the food sold is fit for human consumption. Of course not all retailers are able to set up their own laboratory for food testing, but under section 70 of the same Ordinance, it allows the defendant to prove that the contravention is due to the act or the default of some other persons. The court will definitely take this into consideration if sufficient evidence is provided. MR. B. A. BERNACCHI (in English):—Mr. Chairman, I am a little bit confused. Under the Hong Kong system, somebody has to prosecute. Is it a member of the Urban Services Department, is it a member of the Police or whom in these sorts of offences? MR. PAO PING-WING (in English):—Mr. Chairman, who should be prosecuted and who carry out the prosecution, I think it basically depends on which ordinance, bylaw and the situation. As I gave my answer in my earlier reply, the present practice, I mean the Urban Services Department's practice is that basically the prosecution is based on the evidence which our Health Inspectors carry out their duties. After substantiating adequate evidence, the Urban Services Department will prosecute the person or the organisation concerned. MR. STEPHEN LAU MAN-LUNG (in Cantonese):-Mr. Chairman, I don't think Mr. Pao has given me a satisfactory reply. If a retailer can furnish information on where he has got his vegetable, in other words, he has not poisoned the vegetable himself, can he therefore be exempted from being prosecuted? It would be rather unfair to the retailers if prosecution is still to proceed although they can prove that they are not the ones who contaminate the vegetables. MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as to whether the persons will be penalized or not, it has to be decided by the court after listening to all evidence from all parties. I am afraid I cannot give a definite answer as to whether the retailers who have breached sections 52(1) or 54(1) will be fined or not. But I perfectly believe that the court will make a fair decision after taking all evidence into consideration. MR. RONNIE WONG MAN-CHIU (in Cantonese):—Mr. Chairman, this North Point poisoned vegetables case has aroused different responses from the society. I would like to ask Mr. Pao whether he could take it up at his Select Committee and liaise with other government departments or policy branches to review the present procedure and responsibilities of inspection of imported food? MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the suggestion made by Mr. Wong will definitely be taken up by the Select Committee and it will liaise with other departments to see what we can do. ADJOURNMENT-3.04 p.m. CHAIRMAN (in English):-That concludes the business of today's meeting. The Council stands adjourned until Tuesday, 9 July 1991 at 2.30 p.m. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, HONG KONG Page 28 of 126 Page 20 of 126

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Page 28 of 126 Page 28 of 126 49 48 HONG KONG URBAN COUNCIL MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the inspection and management of imported food under the legislation is to be taken up by the Health and Welfare Branch and other relevant departments. Basically, the work of the Urban Council is not to inspect food at the border that is being imported into the territory. As I said in my reply, prosecution would be taken out when evidence was obtained by USD health inspectors. The Department does participate in the inspection of import of food. In other words, the USD, RSD, the Department of Health and other departments work through the co-ordination of the Department of Health under other ordinances to have control over the hygiene of imported food. MR. STEPHEN LAU MAN-LUNG (in Cantonese):—Mr. Chairman, may I ask a question to Mr. Páo through you? According to the Public Health and Municipal Services Ordinance, Cap. 132, power is given to the Department to ensure that all imported food meet with the required health and hygiene standards. Under such circumstances, how can the retailers distinguish between food which is up to hygienic standard and which is unfit for human consumption? Could Mr. PAO enlighten us please? MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as pointed out in my reply, the Department takes action under sections 52(1) and 54(1) of the Ordinance. It stipulates that not only the producers or wholesalers but also retailers or any other persons will be held responsible as long as they sell food unfit for human consumption. In other words, anybody who sell food will have to ensure that the food sold is fit for human consumption. Of course not all retailers are able to set up its own laboratory for food testing, but under section 70 of the same Ordinance, it allows the defendant to prove that the contravention is due to the act or the default of some other persons. The court will definitely take this into consideration if sufficient evidence is provided. MR. B. A. BERNACCHI (in English):—Mr. Chairman, I am a little bit confused. Under the Hong Kong system, somebody has to prosecute. Is it a member of the Urban Services Department, is it a member of the Police or whom in these sorts of offences? MR. PAO PING-WING (in English):—Mr. Chairman, whom should be prosecuted and who carry out the prosecution, I think it basically depends on which ordinance, bylaw and the situation. As I gave my answer in my earlier reply, the present practice, I mean the Urban Services Department's practice is that basically the prosecution is based on the evidence which our Health Inspectors carry out their duties. After substantiating adequate evidence, the Urban Services Department will prosecute the person or the organisation concerned. MR. STEPHEN LAU MAN-LUNG (in Cantonese):-Mr. Chairman, I don't think Mr. PAO has given me a satisfactory reply. If a retailer can furnish information on Page 28 of 126 HONG KONG URBAN COUNCIL where he has got his vegetable, in other words, he has not poisoned the vegetable himself, can he therefore be exempted from being prosecuted? It would be rather unfair to the retailers if prosecution is still to proceed although they can prove that they are not the ones who contaminate the vegetables. MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as to whether the persons will be penalized or not, it has to be decided by the court after listening all evidence from all parties. I am afraid I cannot give a definite answer as to whether the retailers who have breached sections 52(1) or 54(1) will be fined or not. But I perfectly believe that the court will make a fair decision after taking all evidences into consideration. MR. RONNIE WONG MAN-CHIU (in Cantonese):—Mr. Chairman, this North Point poisoned vegetables case has aroused different responses from the society. I would like to ask Mr. Pso whether he could take it up at his Select Committee and liaise with other government departments or policy branches to review the present procedure and responsibilities of inspection of imported food? MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the suggestion made by Mr. WONG will definitely be taken up by the Select Committee and it will liaise with other departments to see what we can do. ADJOURNMENT-3.04 4 p.m. CHAIRMAN (in English):-That concludes the business of today's meeting. The Council stands adjourned until Tuesday, 9 July 1991 at 2.30 p.m. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, HONG KONG Page 28 of 126 Page 20 of 126

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Page 28 of 126

HONG KONG URBAN COUNCIL

MR. STEPHEN LAU MAN-LUNG (in Cantonese):—Mr. Chairman, may I ask a question to Mr. Páo through you? According to the Public Health and Municipal Services Ordinance, Cap. 132, power is given to the Department to ensure that all imported food meet with the required health and hygiene standards. Under such circumstances, how can the retailers distinguish between food which is up to hygienic standard and which is unfit for human consumption? Could Mr. PAO enlighten us please?

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as pointed out in my reply, the Department takes action under sections 52(1) and 54(1) of the Ordinance. It stipulates that not only the producers or wholesalers but also retailers or any other persons will be held responsible as long as they sell food unfit for human consumption. In other words, anybody who sell food will have to ensure that the food sold is fit for human consumption. Of course not all retailers are able to set up its own laboratory for food testing, but under section 70 of the same Ordinance, it allows the defendant to prove that the contravention is due to the act or the default of some other persons. The court will definitely take this into consideration if sufficient evidence is provided.

MR. PAO PING-WING (in English):—Mr. Chairman, whom should be prosecuted and who carry out the prosecution, I think it basically depends on which ordinance, bylaw and the situation. As I gave my answer in my earlier reply, the present practice, I mean the Urban Services Department's practice is that basically the prosecution is based on the evidence which our Health Inspectors carry out their duties. After substantiating adequate evidence, the Urban Services Department will prosecute the person or the organisation concerned.

MR. STEPHEN LAU MAN-LUNG (in Cantonese):-Mr. Chairman, I don't think Mr. PAO has given me a satisfactory reply. If a retailer can furnish information on

Page 28 of 126

HONG KONG URBAN COUNCIL

where he has got his vegetable, in other words, he has not poisoned the vegetable himself, can he therefore be exempted from being prosecuted? It would be rather unfair to the retailers if prosecution is still to proceed although they can prove that they are not the ones who contaminate the vegetables.

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, as to whether the persons will be penalized or not, it has to be decided by the court after listening all evidence from all parties. I am afraid I cannot give a definite answer as to whether the retailers who have breached sections 52(1) or 54(1) will be fined or not. But I perfectly believe that the court will make a fair decision after taking all evidences into consideration.

MR. RONNIE WONG MAN-CHIU (in Cantonese):—Mr. Chairman, this North Point poisoned vegetables case has aroused different responses from the society. I would like to ask Mr. Pso whether he could take it up at his Select Committee and liaise with other government departments or policy branches to review the present procedure and responsibilities of inspection of imported food?

MR. PAO PING-WING (in Cantonese):-Mr. Chairman, the suggestion made by Mr. WONG will definitely be taken up by the Select Committee and it will liaise with other departments to see what we can do.

ADJOURNMENT-3.04 4 p.m.

CHAIRMAN (in English):-That concludes the business of today's meeting. The Council stands adjourned until Tuesday, 9 July 1991 at 2.30 p.m.

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, HONG KONG

Page 28 of 126

Page 20 of 126

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