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Secondly, after you have issued the warning letter, can you tell me how long you have to wait and the procedures involved before prosecution can be taken? I think this is a very important element.
PROFESSOR LEUNG PING-CHUNG (in Cantonese): My apologies to Mr. Fred Li. I haven't been in that area and when Laguna City is mentioned, it generally refers to the residential area. I think your question has not been stated clearly whether it was public place or private place in Laguna City. If you have a map then I would try and visit the area so I won't commit the same mistake again.
As regards the figures, it is strange as well. The information provided by the Department has indicated that they have not been able to effectively control the situation, but the data I have seen also indicate a downward trend in the number of these cases. The reason given to me for the increase in the number of bills and posters is that there is a downturn in the property market. However, the situation is not so serious to an extent that I have to carry out a survey or undertake research on this. As far as prosecutions are concerned, there are three levels. First of all, action will be taken if you catch the person affixing the bill and poster in the act, irrespective of whether they are housewives, children or teenagers. Secondly, if we are able to find out the employers, be the employer a housewife or teenager then we will take action. Thirdly, if the name of the company or the beneficiary is stated in the bills or posters, and if we are able to locate, then we will definitely try and locate the beneficiary listed in the poster. According to the information given, I also appreciate the difficulties. The number of housewives, elderly or teenagers, caught in the act are very few. If we are not able to catch them affixing posters, it is even more difficult to locate their employers. Moreover, in a lot of bills and posters, there are no names of the companies concerned or the beneficiaries. Since Mr. Li is very familiar with the area, could he share his experience and liaise with the Poster Removal Team to provide them with information so that they might be able to solve the problem more effectively?
DR. THE HON. ELSIE TU (in English): For the past few years, Mr. Chairman, the streets of Kwun Tong have been covered with posters, not only for property agents but also for political parties and Councillors. Could Professor LEUNG confirm that that is equally illegal?
PROFESSOR LEUNG PING-CHUNG (in English): The question refers to illegal advertisements and propaganda work related to political activities, if I understand correctly Mrs. Elsie Tu's question.
DR. THE HON. ELSIE TU (in English): If I may just clarify Mr. Chairman, I am referring to road dividers and railings covered with political party advertisements and also Councillors' advertisements.
PROFESSOR LEUNG PING-CHUNG (in English): I think it depends on where the election advertisements appear. There should be display spots selected by the Returning Officers and labelled as 'Public Spots' for display. If they do not appear in those spots and are displayed outside the arranged areas, those advertisements to my understanding would be as illegal as other commercial advertisements.
DR. THE HON. ELSIE TU (in English): I think I need to correct that Mr. Chairman. Maybe I didn't explain clearly. I wasn't talking about the elections, I was talking about the time before the elections. Those posters had to be removed for the elections and there are special areas designated, but before that time the streets were full of those posters; as far as I know, they were not designated areas.
PROFESSOR LEUNG PING-CHUNG (in English): I am trying to figure out whether there is any difference between election materials and political materials. Would it be only a matter of timing; would it be things related to a particular instance or not? In the information I have got at hand, I think the Department is fully aware of the relationship between commercial advertisements and political advertisements, and so I have got materials concerning the display of election materials, I don't have information and documents concerning political materials.
CHAIRMAN (in English): There is a distinct difference and I can point out. During election period the display boards are controlled by the Returning Officers. At other times, non-election periods, what Elsie referred to is the boards displayed by Councillors office or the political parties. There are distinct differences.
PROFESSOR LEUNG PING-CHUNG (in English): I beg your pardon, Mr. Chairman. Really the material supplied to me is all concerning election, and I am not standing for election and I am not a politician, therefore I made this mistake; I beg your pardon.
CHAIRMAN (in English): So, maybe we can pursue this question further on other occasions by other questions; would that be alright, Elsie?
MR. WONG SHUI-LAI (in Cantonese): Thank you, Mr. Chairman. From the end of 1994 to the beginning of this year, during the site visit on food hygiene competition, I noted the same situation mentioned by Mr. Fred Li. There were a lot of advertisements on real estate posted at railings and they were B4 size. At that time I told the Assistant Director about the situation. I think the USD should be more vigilant on this. Can I ask Professor LEUNG whether the Public Health Select Committee can reflect this information to the Department to step up raid and enforcement action? In addition, the Department should step up co-operation with the Highways or Lands Departments because the railings belong to the Highways Department or the Lands Department. Since these posters are commercial posters, under existing laws, I think I understand this very clearly, they are not allowed. Perhaps I could also answer Mrs. Tu's question. I have clarified that all posters relating to commercial activities are not allowed. Why is it that Councillors and non-profit-making companies are able to put up posters?
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Secondly, after you have issued the warning letter, can you tell me how long you have to wait and the procedures involved before prosecution can be taken? I think this is a very important element.
PROFESSOR LEUNG PING-CHUNG (in Cantonese):---My apologies to Mr. Fred Li. I haven't been in that area and when Laguna City is mentioned, it generally refers to the residential area. I think your question has not been stated clearly whether it was public place or private place in Laguna City. If you have a map then I would try and visit the area so I won't commit the same mistake again.
As regards the figures, it is strange as well. The information provided by the Department has indicated that they have not been able to effectively control the situation, but the data I have seen also indicate a downward trend in the number of these cases. The reason given to me for the increase in the number of bills and posters is that there is a downturn in the property market. However, the situation is not so serious to an extent that I have to carry out a survey or undertake research on this. As far as prosecutions are concerned, there are three levels. First of all, action will be taken if you catch the person affixing the bill and poster in the act, irrespective of whether they are housewives, children or teenagers. Secondly, if we are able to find out the employers, be the employer a housewife or teenager then we will take action. Thirdly, if the name of the company or the beneficiary is stated in the bills or posters, and if we are able to locate, then we will definitely try and locate the beneficiary listed in the poster. According to the information given, I also appreciate the difficulties. The number of housewives, elderly or teenagers, caught in the act are very few. If we are not able to catch them affixing posters, it is even more difficult to locate their employers. Moreover, in a lot of bills and posters, there are no names of the companies concerned or the beneficiaries. Since Mr. Li is very familiar with the area, could he share his experience and liaise with the Poster Removal Team to provide them with information so that they might be able to solve the problem more effectively?
DR. THE HON. ELSIE TU (in English):-For the past few years, Mr. Chairman, the streets of Kwun Tong have been covered with posters, not only for property agents but also for political parties and Councillors. Could Professor LEUNG confirm that that is equally illegal?
PROFESSOR LEUNG PING-CHUNG (in English):-The question refers to illegal advertisements and propaganda work related to political activities, if I understand correctly Mrs. Elsie Tu's question.
DR. THE HON. ELSIE TU (in English):-If I may just clarify Mr. Chairman, I am referring to road dividers and railings covered with political party advertisements and also Councillors' advertisements.
PROFESSOR LEUNG PING-CHUNG (in English):—I think it depends on where the election advertisements appear. There should be display spots selected by the
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HONG KONG URBAN COUNCIL
Returning Officers and labelled as 'Public Spots' for display. If they do not appear in those spots and are displayed outside the arranged areas, those advertisements to my understanding would be as illegal as other commercial advertisements.
DR. THE HON. ELSIE TU (in English):-I think I need to correct that Mr. Chairman. Maybe I didn't explain clearly. I wasn't talking about the elections, I was talking about the time before the elections. Those posters had to be removed for the elections and there are special areas designated, but before that time the streets were full of those posters; as far as I know, they were not designated areas.
PROFESSOR LEUNG PING-CHUNG (in English):—I am trying to figure out whether there is any difference between election materials and political materials. Would it be only a matter of timing; would it be things related to a particular instance or not? In the information I have got at hand, I think the Department is fully aware of the relationship between commercial advertisements and political advertisements, and so I have got materials concerning the display of election materials, I don't have information and documents concerning political materials.
CHAIRMAN (in English):-There is a distinct difference and I can point out. During election period the display boards are controlled by the Returning Officers. At other times, non-election periods, what Elsie referred to is the boards displayed by Councillors office or the political parties. There are distinct differences.
PROFESSOR LEUNG PING-CHUNG (in English):-I beg your pardon, Mr. Chairman. Really the material supplied to me is all concerning election, and I am not standing for election and I am not a politician, therefore I made this mistake; I beg your pardon.
CHAIRMAN (in English):-So, maybe we can pursue this question further on other occasions by other questions; would that be alright, Elsie?
MR. WONG SHUI-LAI (in Cantonese):-Thank you, Mr. Chairman. From the end of 1994 to the beginning of this year, during the site visit on food hygiene competition, I noted the same situation mentioned by Mr. Fred Li. There were a lot of advertisements on real estate posted at railings and they were B4 size. At that time I told the Assistant Director about the situation. I think the USD should be more vigilant on this. Can I ask Professor LEUNG whether the Public Health Select Committee can reflect this information to the Department to step up raid and enforcement action? In addition, the Department should step up co-operation with the Highways or Lands Departments because the railings belong to the Highways Department or the Lands Department. Since these posters are commercial posters, under existing laws, I think I understand this very clearly, they are not allowed. Perhaps I could also answer Mrs. Tv's question. I have clarified that all posters relating to commercial activities are not allowed. Why is it that Councillors and non-profit-making companies are able to put up posters?
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