1995 — Page 56

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 56 of 485

HONG KONG URBAN COUNCIL

meeting. As to the question of whether we can disclose the names of these cinemas, I have to seek legal advice.

Chairman (in Cantonese):—How about the second question, i.e., the difference in legal liability between a licensed cinema and an unlicensed cinema in case of fire?

MR. JOSEPH CHAN (in Cantonese):—For the unlicensed cinemas, the operator will be held fully responsible. The Council has no legal responsibility.

Chairman (in Cantonese):—What is the difference between a licensed cinema and an unlicensed cinema?

Mr. Joseph Chan (in Cantonese):—The difference lies in their compliance and non-compliance with prevailing legislation. It is difficult for me to judge.

Mr. Lam Man-Fai (in Cantonese):—Thank you, Mr. Chairman. My first question is: do we have the power to stop unlicensed cinemas from selling tickets to cinema-goers? If they keep on doing business, can we ask the Government to give us the authority to stop the operation of those unlicensed cinemas, i.e., to close them? If non-censored movies are shown in these unlicensed cinemas, do we have any authority to deal with them?

MR. JOSEPH CHAN (in Cantonese):—On whether we have the power to stop the unlicensed cinemas from selling tickets, according to the law, they are operating without a licence and they have breached the law. As to whether we have the authority to close them down, at present the Council is not vested with the power as it is not provided for in the law. That is why the RCB is reviewing the legislation. As regards the supervision of the unlicensed cinemas, as the licensing authority for issue of licences, the USD is only responsible for matters concerning public hygiene; other departments such as the Buildings Department and the Fire Services Department also have roles to play in the licensing of these cinemas. Granting a licence is not the sole responsibility of the Urban Council or the USD. If legal action is to be taken, it should be carried out by the Buildings Department or the Fire Services Department.

Concerning unlicensed cinemas showing films which have not been censored by the Television and Entertainment Licensing Authority (TELA), it is outside our purview; we are only responsible for public hygiene.

CHAIRMAN (in Cantonese):—As we have many questions and also two motions, I hope members can be brief in asking and answering your questions.

Mr. Eric Wong (in Cantonese):—My question is similar to that of Mr. Hung. I have a question for Mr. Joseph Chan. When will the names of the unlicensed cinemas be given to Members of the Council?

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Page 56 of 485 34 HONG KONG URBAN COUNCIL meeting. As to the question of whether we can disclose the names of these cinemas, I have to seek legal advice. Chairman (in Cantonese):—How about the second question, i.e., the difference in legal liability between a licensed cinema and an unlicensed cinema in case of fire? MR. JOSEPH CHAN (in Cantonese):—For the unlicensed cinemas, the operator will be held fully responsible. The Council has no legal responsibility. Chairman (in Cantonese):—What is the difference between a licensed cinema and an unlicensed cinema? Mr. Joseph Chan (in Cantonese):—The difference lies in their compliance and non-compliance with prevailing legislation. It is difficult for me to judge. Mr. Lam Man-Fai (in Cantonese):—Thank you, Mr. Chairman. My first question is: do we have the power to stop unlicensed cinemas from selling tickets to cinema-goers? If they keep on doing business, can we ask the Government to give us the authority to stop the operation of those unlicensed cinemas, i.e., to close them? If non-censored movies are shown in these unlicensed cinemas, do we have any authority to deal with them? MR. JOSEPH CHAN (in Cantonese):—On whether we have the power to stop the unlicensed cinemas from selling tickets, according to the law, they are operating without a licence and they have breached the law. As to whether we have the authority to close them down, at present the Council is not vested with the power as it is not provided for in the law. That is why the RCB is reviewing the legislation. As regards the supervision of the unlicensed cinemas, as the licensing authority for issue of licences, the USD is only responsible for matters concerning public hygiene; other departments such as the Buildings Department and the Fire Services Department also have roles to play in the licensing of these cinemas. Granting a licence is not the sole responsibility of the Urban Council or the USD. If legal action is to be taken, it should be carried out by the Buildings Department or the Fire Services Department. Concerning unlicensed cinemas showing films which have not been censored by the Television and Entertainment Licensing Authority (TELA), it is outside our purview; we are only responsible for public hygiene. CHAIRMAN (in Cantonese):—As we have many questions and also two motions, I hope members can be brief in asking and answering your questions. Mr. Eric Wong (in Cantonese):—My question is similar to that of Mr. Hung. I have a question for Mr. Joseph Chan. When will the names of the unlicensed cinemas be given to Members of the Council? Page 56 of 48535

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Page 56 of 485 34 HONG KONG URBAN COUNCIL meeting. As 10 the question of whether we can disclose the names of these cinemas, I have to seek legal advise. Chairman (in Cantonese):—How about the second question, i.e, the difference in legal liability between a licensed cinema and an unlicensed cinema in case of fire? MR. JOSEPH CHAN (in Cantonese):-For the unlicensed cinemas, the operator will be held fully responsible. The Council has no legal responsibility. Chairman (in Cantonese):—What is the difference between a licensed cinema and an unlicensed cinema? Mr. Joseph Chan (in Cantonese):—The difference lies in their compliance and non-compliance with prevailing legislation. It is difficult for me to judge. Mr. Lam Man-FAL (in Cantonese):—Thank you Mr. Chairman. My first question is: do we have the power to stop unlicensed cinemas from selling tickets to cinema-goers? If they keep on doing business, can we ask the Government to give us the authority to stop the operation of those unlicensed cinemas. i.e. to close them? If non-censored movies are shown in these unlicensed cinemas, do we have any authority to deal with them? MR. JOSEPH CHAN (in Cantonese):—On whether we have the power to stop the unlicensed cinemas from selling tickets, according to the law, they are operating without a licence and they have breached the law. As to whether we have the authority to close them down, at present the Council is not vested with the power as it is not provided for in the law. That is why the RCB is reviewing the legislation. As regards the supervision of the unlicensed cinemas, as the licensing authority for issue of licences, the USD is only responsible for matters concerning public hygiene, other departments such as the Buildings Department and the Fire Services Department also have roles to play in the licensing of these cinemas. Granting a licence is not the sole responsibility of the Urban Council or the USD. If legal action is to be taken, it should be carried out by the Buildings Department or the Fire Services Department. Concerning unlicensed cinemas showing films which have not been censored by the Television and Entertainment Licensing Authority (TELA), it is outside our purview, we are only responsible for public hygiene. CHAIRMAN (in Cantonese):--As we have many questions and also two motions, I hope members can be brief in asking and answering your questions. Mr. Eric Wong (in Cantonesc):—My question is similar to that of Mr. HuNG. I have a question for Mr. Joseph CHAN. When will the names of the unlicensed cinemas be given to Members of the Council? Co£185

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Page 56 of 485

HONG KONG URBAN COUNCIL

meeting. As 10 the question of whether we can disclose the names of these cinemas, I have to seek legal advise.

Chairman (in Cantonese):—How about the second question, i.e, the difference in legal liability between a licensed cinema and an unlicensed cinema in case of fire?

MR. JOSEPH CHAN (in Cantonese):-For the unlicensed cinemas, the operator will be held fully responsible. The Council has no legal responsibility.

Chairman (in Cantonese):—What is the difference between a licensed cinema and an unlicensed cinema?

Mr. Joseph Chan (in Cantonese):—The difference lies in their compliance and non-compliance with prevailing legislation. It is difficult for me to judge.

Mr. Lam Man-FAL (in Cantonese):—Thank you Mr. Chairman. My first question is: do we have the power to stop unlicensed cinemas from selling tickets to cinema-goers? If they keep on doing business, can we ask the Government to give us the authority to stop the operation of those unlicensed cinemas. i.e. to close them? If non-censored movies are shown in these unlicensed cinemas, do we have any authority to deal with them?

MR. JOSEPH CHAN (in Cantonese):—On whether we have the power to stop the unlicensed cinemas from selling tickets, according to the law, they are operating without a licence and they have breached the law. As to whether we have the authority to close them down, at present the Council is not vested with the power as it is not provided for in the law. That is why the RCB is reviewing the legislation. As regards the supervision of the unlicensed cinemas, as the licensing authority for issue of licences, the USD is only responsible for matters concerning public hygiene, other departments such as the Buildings Department and the Fire Services Department also have roles to play in the licensing of these cinemas. Granting a licence is not the sole responsibility of the Urban Council or the USD. If legal action is to be taken, it should be carried out by the Buildings Department or the Fire Services Department.

Concerning unlicensed cinemas showing films which have not been censored by the Television and Entertainment Licensing Authority (TELA), it is outside our purview, we are only responsible for public hygiene.

CHAIRMAN (in Cantonese):--As we have many questions and also two motions, I hope members can be brief in asking and answering your questions.

Mr. Eric Wong (in Cantonesc):—My question is similar to that of Mr. HuNG. I have a question for Mr. Joseph CHAN. When will the names of the unlicensed cinemas be given to Members of the Council?

1995 — Page 56

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