1991 — Page 8

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CHAIRMAN (in English):--For your motion then, are you withdrawing your motion?

MR. B. A. BERNACCHI (in English):—No, I am not withdrawing my motion, but I am not objecting to the motion being referred to the Markets and Street Traders Select Committee.

MR. HILTON CHEONG-LEEN (in English):—Mr. Chairman, I would like to thank Mr. CHAN for doing something which I had in mind doing under Standing Order 21(16)(j). When I received the notice of Mr. BERNACCHI's motion, I discussed the subject with the Department to try to more fully understand the position of the Department from an operational point of view and I would like to make a few comments in this respect.

Mr. BERNACCHI calls for General Duties Teams concentrating their efforts in dispersing rather than arresting itinerant hawkers who trade around UC Markets in contravention of the law in one way or the other.

The emphasis of General Duties Teams tactics is on flexibility in the light of the situation on the ground and resources available and this flexibility is varied from district to district. General Duties Teams will disperse itinerant hawkers where it is more effective to use dispersion tactics. But where hawkers fail to heed the warning given to them, the General Duties Teams will make arrests and seizures. All measures to warn and disperse itinerant hawkers should be backed up by the readiness to make arrests, and actual arrest action taken if the offences in question are repeated or are persistent. Furthermore, experience by the GD Teams on the ground has shown that continuous raiding and arrests are more effective at some of the more difficult hawker black spots. It would be unwise, inefficient, non-productive and perhaps even irresponsible to adhere to any set tactics too rigidly, and would create untenable situations easily exploited by the hawkers.

Hawkers who are under arrest must be taken to the police station immediately for the purpose of laying charges against them. This is in accordance with the law. In doing so, the trading activities and the associated obstruction are removed from the street. The question therefore is not whether we should stop doing this so as not to have members of GD Teams leave the streets, but how this can be done quickly and efficiently so that control of the streets around the markets is maintained.

Mr. BERNACCHI is a member of the Markets and Street Traders Select Committee and he is at liberty to raise the matter under any other business at any meeting of the Select Committee at any time in the future. I hope this will give Members an appreciation of the position of the Department and in particular, the GD Teams from an operational point of view on the ground.

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(Dr. Samuel P. W. WONG left the meeting at 3.20 p.m.)

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MR. MA LEE-Wo (in Cantonese):-Mr. Chairman, I object to Mr. BERNACCHI'S motion being referred back to the Markets and Street Traders Select Committee. In Mr. BERNACCHI's motion and his speech, the aim of the motion is to change the nature of the work of the GD Teams. In otherwords, instead of arresting the hawkers, the GD Teams should be responsible for dispersing hawkers. I don't think that it is at all possible and it would definitely undermine the efficiency of the GD Teams. Therefore, I do not agree that this matter be referred back to the Select Committee for further deliberation. As regards the views expressed by other Members, that how the prosecution procedure can be simplied or how we can improve the efficiency of the hawker control, is a totally different matter from Mr. BERNACCHI's motion. If Members are interested in discussing hawker control policy, that can be raised at the functional Select Committee. I do not agree that Mr. BERNACCHI's motion be referred back to the Select Committee for further deliberation. As far as I know, since July last year, the Department has set up an internal adhoc group to look at the establishment of the GD Teams, its staff requirements and training. I want to know what progress has been made so far. If we know of the progress of work of that particular adhoc group, we may be able to know better how we can control hawkers in a more effective manner. Finally, I would say that I totally object to refer Mr. BERNACCHI's motion to the Select Committee.

MR. PETER C. K. CHAN (in Cantonese): Mr. Chairman, I would just like to clarify one or two points. With regard to Mr. BERNACCHI's motion, many Members have agreed that this is a contradictory one. I would not make a comment to what Mr. LAM Chak-piu says that this may be one way of electioneering. In any case, when this matter is discussed here, two points have arisen. Firstly, the police is not giving the GD Teams to have its own prosecuting office or charging office. In otherwords, they have asked GD Teams to line up to make charges on hawkers. Now the public is aware of this point. Secondly, the public is now made aware that we don't have enough manpower with our GD Teams. So these are the areas where we have to look into for improvement. Whether this motion should be referred back to the Markets and Street Traders Select Committee or not, this matter must be discussed continuously. This matter will be discussed under any other business if we don't refer this motion back to the Select Committee, or on the contrary we can include it as an agenda item for the Select Committee, but in any case we would still have to look at the whole issue. If we endorse Mr. BERNACCHI's motion today, the public will be confused as to what is the real function of the GD Teams. In any case, I hope that we can spend more time in discussing this issue at the Markets and Street Traders Select Committee or we can invite the Police for further co-operation. I hope Members will support my motion.

CHAIRMAN (in English):-I prepare to move the motion proposed by Mr. Peter CHAN and seconded by Dr. Tu. This motion is in effect to refer the matter to the Markets and Street Traders Select Committee. If that motion is carried, that is the end of this discussion. If that motion is not carried, then I will take a vote on Mr. BERNACCHI's original motion. Are you quite clear on the procedure?

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