1996 — Page 475

Page 475 of 498

518

HONG KONG URBAN COUNCIL

The second part of the question enquires about the relationship with the Police in the control of illegal hawkers and whether there were any changes in the respective roles of, and the relationship between, the Council and the Police after the Hawker Control Force was changed into a non-disciplinary grade.

Although hawker control has for many decades been the statutory and primary responsibility of the Council since 1936, the support and co-operation from the Police has always remained a pre-requisite for successful and effective control over illegal hawking activities, and which is particularly necessary in the case of late-night raiding operations against those illegal cooked food hawkers. All along, the Police have assured the Department of continuous Police support in hawker control work, such as constabulary presence at planned hawker raiding operations when resistance could be expected, to prevent breaches of the peace. Other involvements of the Police in hawker control include the processing of hawker arrest cases at police stations and subsequent laying of charges, keeping streets free from obstruction and close liaison with the district offices of the Department on local hawker control problems. The main change in the relationship between the Council and the Police after the change of the Hawker Control Force into a non-disciplinary grade has been the enhanced co-operation in providing positive Police back-up in the control of illegal hawkers. Moreover, arrangement was made with the Police to second two senior police officers to the Department in 1986 to advise on the structure, strategy and tactics of the GDT and also to second one senior police officer in 1989 to study and recommend the training needs for the GDT members.

The third part of the question enquires about the existing laws being used by the Department's hawker control staff to prosecute illegal hawkers and what are the differences with those quoted by the Police in prosecuting illegal hawkers.

At present, the Department's hawker control staff can apply section 83B of the Public Health and Municipal Services Ordinance, Cap. 132 for contravention of hawking without licence, section 4A of the Summary Offences Ordinance, Cap. 228 for causing obstruction in public place, by-law 31(1) of the Food Business (Urban Council) Bylaws, Cap. 132 for sale of restricted food without permission and by-law 5(3) of the Hawker (Urban Council) Bylaws, Cap. 132 for sale of food involving cooking process without permission to prosecute illegal hawkers depending on the evidences secured. The Police also use the same legal provisions to prosecute illegal hawkers.

The fourth part of the question enquires whether the Council has ever conducted any comprehensive review in collaboration with the Police on control of illegal hawkers. If yes, what are the findings and if no, what are the reasons?

In 1936, the Public Health (Sanitation) Ordinance transferred the control of hawkers from the Police to the Urban Council. Since then, joint USD/Police liaison meetings have been held regularly to review the operational strategies and tactics in the control of hawkers at headquarters, regional and district levels. In 1984, the Working Party to Review Hawker and Related Policies chaired by Mrs. Elsie Tu conducted a comprehensive review on the Council policies on hawkers aiming at solving the hawker problems in the long-term and its recommendations were in the main accepted by the Department for implementation in 1987. As a result of further review, the new dedicated Hawker Control Officer grade was introduced in 1994 to replace the GDT staff in the control of hawkers. Whilst the Department and the Police will continue to review operational tactics and modes of co-operation at different levels, the primary responsibility for controlling hawkers and devising appropriate policies remains clearly vested with the Council.

MR. CHAN KWOK-LEUNG (in Cantonese):—My follow-up question refers to the reply just given by the Chairman of the Select Committee about stepped up co-operation between the Council and the Police since the change of the Hawker Control Teams from disciplinary into non-disciplinary forces. I want to know if the previous establishment of the Hawker Control Teams was under the Police, trained by the Police and stationed in police stations? If yes, it means the Police had a major role in hawker control before and it is because of the change of the Teams into non-constabulary ones that shared responsibility between the Police and us became more responsibility on the part of the Urban Council.

The second question concerns the reply by the Chairman of the Select Committee that the Police would ensure continued support to hawker control work. I want to know if the following situations are facts and whether they are the methods with which the Police support our work.

(1) The Police did not participate in most of our activities to arrest hawkers.

(ii) For some cases of participation, Police officers did not set off with GDT personnel. They only arrived at the scene separately.

(iii) In certain cases, the Police had not yet arrived at the scene on completion of work by GDT personnel.

(iv) In some cases when there was confrontation during arrest activities not participated by the Police, GDT personnel called for police reinforcement and hawkers too called their own reinforcement. The Police had not yet arrived at the scene when both parties were standing by.

(v) In some other cases, Police officers helped book hawkers. In general, how much time would be required for booking of arrested hawkers at Police Stations? From what I heard, the longest time taken to do so was one half day.

I wonder if the above cases did happen.

MR. IP KWOK-CHUNG (in Cantonese):-Let me first of all answer the second question. Cases described by Mr. CHAN are factual ones. The only point I am not sure about is whether it takes as long as half a day to book a hawker.

Page 475 of 498

Page 475 of 498

519

HONG KONG URBAN COUNCIL

liaison meetings have been held regularly to review the operational strategies and tactics in the control of hawkers at headquarters, regional and district levels. In 1984, the Working Party to Review Hawker and Related Policies chaired by Mrs. Elsie Tu conducted a comprehensive review on the Council policies on hawkers aiming at solving the hawker problems in the long-term and its recommendations were in the main accepted by the Department for implementation in 1987. As a result of further review, the new dedicated Hawker Control Officer grade was introduced in 1994 to replace the GDT staff in the control of hawkers. Whilst the Department and the Police will continue to review operational tactics and modes of co-operation at different levels, the primary responsibility for controlling hawkers and devising appropriate policies remains clearly vested with the Council.

Page 476 of 498

Page 476 of 498