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one of the reasons leading to its non-viability. In new markets, we would not build more than two storeys. In other words, even if we have three floors, the third floor will be used for other purposes. In relation to the Fa Yuen Street Market Complex, I can tell Mr. CHAN definitely that the vacant floor will not be used for market purposes. It might be put to other use. As I have said, that particular location probably is not really so viable.
MR. STEPHEN LAU MAN-LUNG (in Cantonese):—Mr. Chairman, we have a number of questions in relation to vacant space. The most important loophole is that we do not stipulate that tenants must operate the stalls for a certain period of time. If we can have a provision in the tenancy agreements saying that they must agree to open the stalls and operate them for a certain period of time before the tenancy could be awarded, then perhaps we would be able to solve the problem. I would like to ask whether Mr. IP would consider this in his Select Committee?
MR. IP KWOK-CHUNG (in Cantonese):—Yes, I can promise Mr. LAU that his suggestion will be referred back to the Select Committee for discussion.
MR. STAN STEPHEN WONG HON-CHING (in Cantonese):—According to UC policy, in 1996 all IHL will be deleted and abolished. We can give them ex-gratia payment or they can bid for market stalls. My question for Mr. Ip is that since there are many vacant stalls in different markets being used for storage, such as putting refrigerators or other items, has he considered letting those IHL holders who refuse to accept ex-gratia payment in 1996 take over these stalls?
MR. IP KWOK-CHUNG (in Cantonese):—Thank you, Mr. WONG. The simple answer is 'yes'. We have actually considered this point. But the actual situation is that when the hawkers decide on whether they should opt for payment or bid for market stalls, they will have to take into consideration a number of factors. One of them is whether the location of the stall itself is viable. It is because itinerant hawkers are very intelligent people. They hawk only at very viable locations. It is rather unlikely that they will make the choice now. As to whether they will finally make the decision in 1996, we don't know. But I thank Mr. WONG for his point and we will take that into consideration. The final decision is, of course, up to the IHL holders.
MR. STAN STEPHEN WONG HON-CHING (in Cantonese):—I have a follow-up question for Mr. Ip. Mr. Ip has mentioned the Lockhart Road Market Complex a number of times. Indeed, the third floor there has always been vacant. However, even on the ground floor where fish and vegetable stalls are located, there are some very big stalls which have been used for storing refrigerators instead. If this situation continues, I hope Mr. Ip can monitor the situation to see whether we can re-possess such stalls so that the IHL holders can bid for them. Since there are tenancy agreements, we have to give advance notice before we can repossess the stalls. So can Mr. Ip consider that?
HONG KONG URBAN COUNCIL
MR. IP KWOK-CHUNG (in Cantonese):—Yes, this is a very specific suggestion. I will definitely follow up and I hope that if Mr. WONG has knowledge of such things, he can inform the Department as quickly as possible. Enforcement action will be taken very quickly.
MR. B. A. BERNACCHI (in English): Is there a specific regulation forbidding the use of stalls for storage purposes only?
MR. IP KWOK-CHUNG (in Cantonese):—Thank you, Mr. Chairman. The stallholders are in breach of tenancy agreements if no business is carried out in the stalls and they are used solely for storage purposes. It is sometimes very difficult to tell whether it is operating or not because some stalls may be put to storage purposes temporarily, perhaps in the morning or in the evening; but for a certain period of time, the stall operators do operate the stalls and do business there. Therefore, if we want to take enforcement action, it might pose difficulty because it is very difficult to prove that it is used solely for storage purposes. It is therefore very difficult for us to define clearly the position. That is the reason why we can't tell you specifically how many stalls are being used for storage purposes. There are practical difficulties. Mr. BERNACCHI's point would definitely be looked into. But I wish to tell Mr. BERNACCHI that in taking enforcement action, there might be difficulties sometimes.
CHAIRMAN (in English):—If there are no other supplementary questions, that concludes today's business. Council stands adjourned until Tuesday, 12 July 1994 at 2:30 p.m.
ADJOURNMENT—3:01 p.m.
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one of the reasons leading to its non-viability. In new markets, we would not build more than two storeys. In other words, even if we have three floor, the third floor will be used for other purposes. In relation to the Fa Yuen Street Market Complex, I can tell Mr. CHAN definitely that the vacant floor will not be used for market purposes. It might be put to other use. As I have said, that particular location probably is not really so viable.
MR. STEPHEN LAU MAN-LUNG (in Cantonese):—Mr. Chairman, we have a number of questions in relation to vacant space. The most important loophole is that we do not stipulate that tenants must operate the stalls for a certain period of time. If we can have a provision in the tenancy agreements saying that they must agree to open the stalls and operate them for certain period of time before the tenancy could be awarded, then perhaps we would be able to solve the problem. I would like to ask whether Mr. IP would consider this in his Select Commitee?
MR. IP KWOK-CHUNG (in Cantonese):—Yes, I can promise Mr. LAU that his suggestion will be referred back to the Select Committee for discussion.
MR. SAN STEPHEN WONG HON-CHING (in Cantonese):—According to UC policy, in 1996 all IHL will be deleted and abolished. We can give them ex-gratia payment or they can bid for market stalls. My question for Mr. Ip is that since there are many vacant stalls in different markets being used for storage, such as putting refrigerators or other items, has he considered letting those IHL holders who refuse to accept ex-gratia payment in 1996 take over these stalls?
MR. IP KWOK-CHUNG (in Cantonese):-Thank you, Mr. WONG. The simple answer is 'yes'. We have actually considered this point. But the actual situation is that when the hawkers decide on whether they should opt for payment or bid for market stalls, they will have to take into consideration a number of factors. One of them is whether the location of the stall itself is viable. It is because itinerant hawkers are very intelligent people. They hawk only at very viable locations. It is rather unlikely that they will make the choice now. As to whether they will finally make the decision in 1996, we don't know. But I thank Mr. WONG for his point and we will take that into consideration. The final decision is, of course, up to the IHL holders.
MR. SAN STEPHEN WONG HON-CHING (in Cantonese):—I have a follow-up question for Mr. Ip. Mr. Ip has mentioned the Lockhart Road Market Complex a number of times. Indeed, the third floor there has always been vacant. However, even on the ground floor where fish and vegetable stalls are located, there are some very big stalls which have been used for storing refrigerators instead. If this situation continues, I hope Mr. Ip can monitor the situation to see whether we can re-possess such stalls so that the IHL holders can bid for them. Since there are tenancy agreements, we have to give advance notice before we can repossess the stalls. So can Mr. Ip consider that?
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MR. IP KWOK-CHUNG (in Cantonese):—Yes, this is a very specific suggestion. I will definitely follow up and I hope that if Mr. WONG has knowledge of such things, he can inform the Department as quickly as possible. Enforcement action will be taken very quickly.
MR. B. A. BERNACCHI (in English): Is there a specific regulation forbidding the use of stalls for storage purposes only?
MR. IP KWOK-CHUNG (in Cantonese):-Thank you, Mr. Chairman. The stallholders are in breach of tenancy agreements if no business is carried out in the stalls and they are used solely for storage purpose. It is sometimes very difficult to tell whether it is operating or not because some stalls may be put to storage purposes temporarily, perhaps in the morning or in the evening; but for certain period of time, the stall operators do operate the stalls and do business there. Therefore if we want to take enforcement action, it might pose difficulty because it is very difficult to prove that it is used solely for storage purposes. It is therefore very difficult for us to define clearly the position. That is the reason why we can't tell you specifically how many stalls are being used for storage purposes. There are practical difficulties. Mr. BERNACCHI'S point would definitely be looked into. But I wish to tell Mr. BERNACCHI that in taking enforcement action, there might be difficulties sometimes.
CHAIRMAN (in English):-If there are no other supplementary questions, that concludes todays' business. Council stands adjourned until Tuesday, 12 July 1994 at 2.30 p.m.
ADJOURNMENT—3.01 p.m.
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, HONG KONG
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