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because of the nature of business, newspaper hawkers do not create environmental and hygiene problems to the same extent as other on-street hawkers. Although pavement obstructions do sometimes occur in the course of their business, the irregularities are usually of minor nature which can be rectified readily. In the past two years, there were 2 158 prosecutions taken out against licensed newspaper hawkers for pavement obstruction.
The Urban Council is not the authority responsible for the control of obscene and indecent articles nor does it have any jurisdiction under the Control of Obscene and Indecent Articles Ordinance which deals with the nature and content of publications, including those depicting sex and violence, available for sale to the public. The hawker control staff of the Department are neither empowered to take action in respect of offences relating to the content of publications sold by newspaper hawkers, nor are they in position or have the expertise to make any judgment as to whether the content of any publication is obscene or objectionable. The Police are the competent authority for taking action against obscene or indecent articles under the Control of Obscene and Indecent Articles Ordinance.
The second part of the question concerns the penalties for licensed newspaper hawkers committing hawking offences.
The day-to-day operation of licensed newspaper hawkers is regulated and controlled by the Department's Hawker Control Teams. Under normal circumstances, either oral warnings and/or legal action by arrest would in most cases be taken against hawking irregularities. However, the commodities of the offenders will also be seized in cases involving serious obstruction to pedestrian or vehicular traffic. In cases of persistent hawking irregularities by licensed hawkers such as non-operation or non-personal operation of stall, a recommendation would be made to the Delegated Member of the Markets and Street Traders Select Committee for cancellation of the fixed pitch hawker licence.
The last part of the question asked about cases of cancellation of newspaper hawker licences as a result of repeated offences.
The present policy is only to cancel fixed pitch hawker licences, including newspaper hawker licences, as a result of non-operation and non-personal operation of fixed pitches. However, over the past two years no such cases involving newspaper hawkers has arisen. As regards pavement obstruction caused by newspaper hawkers, such irregularity is usually minor in nature which can be readily rectified upon warnings or prosecution. The deterrent effect provided by the present enforcement action is considered appropriate to keep the situation under control.
Mr. Ronnie Wong Man-Chiu (in Cantonese):—I have a follow-up question. I want to ask the Chairman of the Markets and Street Traders Select Committee whether there is a list of items permitted to be sold on the licence for newspaper
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HONG KONG URBAN COUNCIL
529
because of the nature of business, newspaper hawkers do not create environmental and hygiene problems to the same extent as other on-street hawkers. Although pavement obstructions do sometimes occur in the course of their business, the irregularities are usually of minor nature which can be rectified readily. In the past two years, there were 2 158 prosecutions taken out against licensed newspaper hawkers for pavement obstruction.
The Urban Council is not the authority responsible for the control of obscene and indecent articles nor does it have any jurisdiction under the Control of Obscene and Indecent Articles Ordinance which deals with the nature and content of publications, including those depicting sex and violence. available for sale to the public. The hawker control staff of the Department are neither empowered to take action in respect of offences relating to the content of publications sold by newspaper hawkers, nor are they in position or have the expertise to make any judgment as to whether the content of any publication is obscene or objectionable. The Police are the competent authority for taking action against obscene or indecent articles under the Control of Obscene and Indecent Articles Ordinance.
The second part of the question concerns the penalties for licensed newspaper hawkers committing hawking offences.
The day-to-day operation of licensed newspaper hawkers is regulated and controlled by the Department's Hawker Control Teams. Under normal circumstances, either oral warnings and/or legal action by arrest would in most cases be taken against hawking irregularities. However, the commodities of the offenders will also be seized in cases involving serious obstruction to pedestrian or vehicular traffic. In cases of persistent hawking irregularities by licensed hawkers such as non-operation or non-personal operation of stall, a :recommendation would be made to the Delegated Member of the Markets and :Street Traders Select Committee for cancellation of the fixed pitch hawker llicence.
The last part of the question asked about cases of cancellation of newspaper thawker licences as a result of repeated offences.
The present policy is only to cancel fixed pitch hawker licences, including mewspaper hawker licences, as a result of non-operation and non-personal ooperation of fixed pitches. However, over the past two years no such cases involving newspaper hawkers has arisen. As regards pavement obstruction Caused by newspaper hawkers, such irregularity is usually minor in nature which can be readily rectified upon warnings or prosecution. The deterrent effect provided by the present enforcement action is considered appropriate to keep the situation under control.
Mr. Ronnie Wọng Man-Chiu (in Cantonese):—I have a follow up question. I want to ask the Chairman of the Markets and Street Traders Select Committee whether there is a list of items permitted to be sold on the licence for newspaper
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