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2.
HONG KONG URBAN COUNCIL
Department, the result obtained is not so impressive. The present scenario is that while people continue to break the rules, we continue to prosecute them: yet the recidivists still keep on breaking the rules despite our repeated prosecution. The illegal posters and advertisements in the streets are most discouraging. Take a look around and you will find that Hong Kong tops the world in the number of illegal posters and banners, as well as the amount of garbage generated from commercial advertising and political propaganda, some of which may even pose a threat to pedestrian and traffic safety. Our law enforcement authorities only selectively prosecute those who put up commercial advertisements illegally, but turn a blind eye to all illegal advertisements of a non-commercial nature, allowing them to drape the streets and polluting our city. As unauthorized posting of any advertisements, whether commercial or otherwise, is illegal, the different treatments mentioned above are, in fact, against the principle of equality for all before the law and also damaging to social justice. Why do we only take legal actions against those who aim at petty profits, but keep our mouths shut towards those who have power and influence?
To keep Hong Kong clean and restore its original look, I think we must thoroughly clear the streets of advertisement garbage through an enforcement exercise co-ordinated by the Urban Services Department. The Department should start with publicity and education, which should then be followed by the issuance of warning letters and subsequently stringent clearance and prosecution actions.
Prosecution Actions Impeded by Discrepancies in Chinese Translation of By-laws
As a result of the adoption of the wording 'I' in the Chinese version of the relevant by-law, our prosecution actions against illegal extension of food business outside the licensed premises have been impeded. Although the by-law was amended in December 1996 and the loophole plugged, I don't think this is the best possible way to solve the problem. Firstly, as the Chinese version is a translation of the English text, if discrepancies are found in the Chinese translation, the court should base on the original English text to determine the case. Secondly, if there is any Chinese translation error, the department concerned should produce a new and accurate translation immediately and have it gazetted accordingly, otherwise, the mis-translated by-laws would still exist and there would be more and more amendments to the by-laws. This is indeed not the best way to implement the bilingual law system. Mr. Chairman, I think the department concerned should be urged to conduct a thorough examination of the Chinese translation of the Urban Council Ordinance and its by-laws as soon as possible, and make any necessary rectifications as appropriate.
Mr. Chairman, regarding the smooth transition of the Urban Council, I have two points to raise:
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Page 300 of 498
498
342
2.
HONG KONG URBAN COUNCIL
Department, the result obtained is not so impressive. The present scenario is that while people continue to break the rules, we continue to prosecute them: yet the recidivists still keep on breaking the rules despite our repeated prosecution. The illegal posters and advertisements in the streets are most discouraging. Take a look around and you will find that Hong Kong tops the world in the number of illegal posters and banners, as well as the amount of garbage generated from commercial advertising and political propaganda, some of which may even pose a threat to pedestrian and traffic safety. Our law enforcement authorities only selectively prosecute those who put up commercial advertisements illegally, but turn a blind eye to all illegal advertisements of a non-commercial nature, allowing them to drape the streets and polluting our city. As unauthorized posting of any advertisements, whether commercial or otherwise, is illegal, the different treatments mentioned above are, in fact, against the principle of equality for all before the law and also damaging to social justice. Why do we only take legal actions against those who aim at petty profits, but keep our mouths shut towards those who have power and influence?
To keep Hong Kong clean and restore its original look, I think we must thoroughly clear the streets of advertisement garbage through an enforcement exercise co-ordinated by the Urban Services Department. The Department should start with publicity and education, which should then be followed by the issuance of warning letters and subsequently stringent clearance and prosecution actions.
Prosecution Actions Impeded by Discrepancies in Chinese Translation of By-laws
As a result of the adoption of the wording 'I' in the Chinese version of the relevant by-law, our prosecution actions against illegal extension of food business outside the licensed premises have been impeded. Although the by-law was amended in December 1996 and the loophole plugged, I don't think this is the best possible way to solve the problem. Firstly, as the Chinese version is a translation of the English text, if discrepancies are found in the Chinese translation, the court should base on the original English text to determine the case. Secondly, if there is any Chinese translation error, the department concerned should produce a new and accurate translation immediately and have it gazetted accordingly, otherwise, the mis-translated by-laws would still exist and there would be more and more amendments to the by-laws. This is indeed not the best way to implement the bilingual law system. Mr. Chairman, I think the department concerned should be urged to conduct a thorough examination of the Chinese translation of the Urban Council Ordinance and its by-laws as soon as possible, and make any necessary rectifications as appropriate.
Mr. Chairman, regarding the smooth transition of the Urban Council, I have two points to raise:
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