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PROFESSOR LEUNG PING-CHUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):—Thank you Mr. WONG for raising this interesting question. Firstly, I would like to deal with the sale of other food items in herbal tea shops.
Chinese herbal tea is one of the restricted foods under the Food Business (Urban Council) By-laws, the sale of which requires permission from the Council. Chinese herbal tea shops holding a Chinese herbal tea permit issued by the Council are bound by a licensing condition attached to the permit which allows the sale of only twelve specified kinds of Chinese herbal tea. Such tea shops may conduct the additional business of selling non-bottled drinks permit, a licensing condition of which stipulates the sale of eight kinds of non-bottle drinks. However, such tea shops selling other food items for consumption on the premises would be in breach of licensing conditions.
The second part of the questions asks the protection available to the public in respect of such tea shops who are in breach of licensing restrictions, as well as in respect of such shops operating illegally without any license. Health Inspectors of the Department inspect such tea shops at regular intervals of about two to four weeks to check whether they are operating in accordance with their licensing conditions and that their operation follows good hygienic practices. Enforcement action will be taken against operators who are in breach of licensing conditions. Departmental records indicate that only a small proportion of the 250 licensed tea shops has been found to be breaching licensing conditions in this way. So far in 1994, 21 warning letters and 32 prosecutions have been taken out against operators of licensed Chinese herbal tea shops who were found selling food items other than those approved. In accordance with existing policy, continued breaches of licensing conditions will result in the suspension or cancellation of the permit for such tea shops.
Prosecutions for illegal operation of food business will be taken out against unlicensed tea shops. Health Inspectors will also take action against any existence of unhygienic handling of food found in these premises. So far in 1994, 19 summonses have been issued against nine unlicensed Chinese herbal teas shop operators. An application will be made to the Courts for the issue of a Physical Closure Order should the operator persistently engage in such illegal business in spite of summons action by the Department.
Finally, it should be noted that the sale of additional food items by licensed tea shops for consumption on the premises does not necessarily pose any public health risk—bottled drinks, for example. However, this does constitute a breach of tea shop licensing conditions since the sale and consumption on the premises of any food items other than specified teas and juices requires a restaurant license.
According to department records, one complaint has recently been received against this kind of illegal operation of Chinese herbal tea shops.
MR. DANIEL WONG KWOK-TUNG (in Cantonese):—I think the reply seeks to play down the existing situation. Maybe a minority of the 250 herbal tea shops is guilty of such offenses, but I am talking about some of the shops that don't even have a herbal tea permit. I am talking about some famous chain shops in Wan Chai and the Yau Tsim Mong District. I am talking about ‘*’, ‘#’, ‘*’ and ‘*’ which have their shops in various parts of the territory. If you go to those shops, they are not selling herbal tea at all. They are only selling desserts and other items similar to restaurants and customers can even consume the food on the premises. Why is that they do not need to get a restaurant license? Even if there is no consumption on the premises, a food factory license should be obtained. So far, no action has been taken against them.
It is unfair in several ways. First, members of the public do not know that these premises are actually unlicensed, so what protection can you give to members of the public? Secondly, it is also unfair to all other operators in the trade because they have to get a license. Thirdly, these chain shops are also selling their franchises which cost about half a million dollars. And that is not fair to those who buy the franchise. No action has been taken by the Department since their existence. You are telling me how many prosecutions have been taken out in 1994 but have you taken out any prosecutions in 1993 and have you suspended any licenses? I don't think any licenses have ever been suspended.
So, my question is how many prosecutions have been taken out in 1993 and have any licenses been suspended? How many herbal tea shops are genuinely selling herbal tea and how many premises which claim to be herbal tea shops are actually not selling herbal tea? Thirdly, do USD health Inspectors regularly check their licenses? If licensed and unlicensed premises are checked, I don't know why some have to be licensed. I don't agree that these premises do not pose any health safety risks to customers. In conclusion, in allowing the unsatisfactory situation to continue, I think the Urban Council/USD has not carried out its statutory responsibility to check and take action against these shops. I would like to know what protection you can offer to members of the public as the situation has deteriorated?
PROFESSOR LEUNG PING-CHUNG (in Cantonese):—I really appreciate Mr. WONG's information. Before I actually proceed to answer the question, I have already pointed out that this is interesting in a way that it is a very complex matter and whether the situation is as serious as Mr. WONG has described is something for the Department to investigate.
According to my information, 252 herbal tea shops have been registered. Of these, 160 have also a permit to sell non-bottled drinks. According to these figures and the observation given by Mr. WONG, I am sure the Department, in cooperation with the police, will not have difficulties in investigating into the actual situation.
According to departmental records, there are 9 unlicensed premises selling herbal tea.
As for what action will be taken against these unlicensed premises or licensed shops selling food items other than herbal tea, our records show that the
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Page 69 of 115
135
134
HONG KONG URBAN COUNCIL
PROFESSOR LEUNG PING-CHUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):—Thank you Mr. WONG for raising this interesting question. Firstly, I would like to deal with the sale of other food items in herbal tea shops.
Chinese herbal tea is one of the restricted foods under the Food Business (Urban Council) By-laws, the sale of which requires permission from the Council. Chinese herbal tea shops holding a Chinese herbal tea permit issued by the Council are bound by a licensing condition attached to the permit which allows the sale of only twelve specified kinds of Chinese herbal tea. Such tea shops may conduct the additional business of selling non-bottled drinks permit, a licensing condition of which stipulates the sale of eight kinds of non-bottle drinks. However, such tea shops selling other food items for consumption on the premises would be in breach of licensing conditions.
The second part of the questions asks the protection available to the public in respect of such tea shops who are in breach of licensing restrictions, as well as in respect of such shops operating illegally without any license. Health Inspectors of the Department inspect such tea shops at regular intervals of about two to four weeks to check whether they are operating in accordance with their licensing conditions and that their operation follows good hygienic practices. Enforcement action will be taken against operators who are in breach of licensing conditions. Departmental records indicate that only a small proportion of the 250 licensed tea shops has been found to be breaching licensing conditions in this way. So far in 1994, 21 warning letters and 32 prosecutions have been taken out against operators of licensed Chinese herbal tea shops who were found selling food items other than those approved. In accordance with existing policy, continued breaches of licensing conditions will result in the suspension or cancellation of the permit for such tea shops.
Prosecutions for illegal operation of food business will be taken out against unlicensed tea shops. Health Inspectors will also take action against any existence of unhygienic handling of food found in these premises. So far in 1994, 19 summonses have been issued against nine unlicensed Chinese herbal teas shop operators. An application will be made to the Courts for the issue of a Physical Closure Order should the operator persistently engage in such illegal business in spite of summons action by the Department.
Finally, it should be noted that the sale of additional food items by licensed tea shops for consumption on the premises does not necessarily pose any public health risk-bottled drinks, for example. However, this does constitute a breach of tea shop licensing conditions since the sale and consumption on the premises of any food items other than specified teas and juices requires a restaurant license.
According to department records, one complaint has recently been received against this kind of illegal operation of Chinese herbal tea shops.
MR. DANIEL WONG KWOK-TUNG (in Cantonese):--I think the reply seeks to play down the existing situation. Maybe a minority of the 250 herbal tea shops is guilty
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HONG KONG URBAN COUNCIL
of such offenses, but I am talking about some of the shops that don't even have a herbal tea permit. I am talking about some famous chain shops in Wan Chai and the Yau Tsim Mong District. I am talking about '**', '#', '* and ''which have their shops in various parts of the territory. If you go to those shops, they are not selling herbal tea at all. They are only selling desserts and other items similar to restaurants and customers can even consume the food on the premises. Why is that they do not need to get a restaurant license? Even if there is no consumption on the premises, a food factory license should be obtained. So far, no action has been taken against them.
It is unfair in several ways. First, members of the public do not know that these premises are actually unlicensed, so what protection can you give to members of the public? Secondly, it is also unfair to all other operators in the trade because they have to get a license. Thirdly, these chain shops are also selling their franchises which cost about half a million dollars. And that is not fair to those who buy the franchise. No action has been taken by the Department since their existence. You are telling me how many prosecutions have been taken out in 1994 but have you taken out any prosecutions in 1993 and have you suspended any licenses? I don't think any licenses have ever been suspended.
So, my question is how many prosecutions have been taken out in 1993 and have any licenses been suspended? How many herbal tea shops are genuinely selling herbal tea and how many premises which claim to be herbal tea shops are actually not selling herbal tea? Thirdly, do USD health Inspectors regularly check their licenses? If licensed and unlicensed premises are checked, I don't know why some have to be licensed. I don't know agree that these premises do not pose any health safety risks to customers. In conclusion, in allowing the unsatisfactory situation to continue, I think the Urban Council/USD has not carried out its statutory responsibility to check and take action againsty these shops. I would like to know what protection you can offer to members of the public as the situation has deteriorated?
PROFESSOR LEUNG PING-CHUNG (in Cantonese):-I really appreciate Mr. WONG'S information. Before I actually proceed to answer the question, I have already pointed out that this is interesting in a way that it is a very complex matter and whether the situation is as serious as Mr. WONG has described is something for the Department to investigate.
According to my information, 252 herbal tea shops have been registered. Of these, 160 have also a permit to sell non-bottled drinks. According to these figures and the observation given by Mr. WONG, I am sure the Department, in cooperation with the police, will not have difficulties in investigating into the actual situation.
According to departmental records, there are 9 unlicensed premises selling herbal tea.
As for what action will be taken against these unlicensed premises or licensed shops selling food items other than herbal tea, our records show that the
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