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I can see that an amendment has been made in 1997 to Section 23(A) of the by-law on pleasure grounds (Urban Council) in the form of an additional clause expressly prohibiting wax melting/burning or tampering of hot wax within the Council's pleasure grounds.
However, Section 8(d) of the Regional Council By-law on pleasure grounds only prohibits ignition of fires at places marked out by the Council for public cooking. These two clauses are completely different in concept and they are of two different units of legislation. Will staff of the Department refrain from enforcing the legislation to prevent embarrassment? Will the Department just give advice?
I go on to the next question. This legislation deals with wax burning in pleasure grounds of the Urban Council. If wax burning is by the roadside outside our venues or just outside the doors of our venues, can the Department prosecute?
MR. RONNIE Wong Man-chiu (in Cantonese):—I can tell Mr. CHAN that staff of the Department will enforce the new amended legislation diligently. Of course, the procedure we take will be to give advice first. If repeated advice is to no avail, we will have to prosecute. I already stated this in paragraph 4 of my reply. When necessary, we will ask the Police for assistance.
Mr. CHAN just asked if staff of the Department will enforce the above legislation in respect of wax burning outside our venues. I believe we can only tackle matters happen within UC venues. If something happens outside our purview, the Department will discuss with other government departments for further actions. This legislation applies only to UC venues.
MR. DANIEL TO Boon-man (in Cantonese):—Mr. Chairman, let me raise a practical question. I think giving advice does not amount to much. If we prosecute wax burning successfully, what are the penalties? I would like to know the maximum fine and the longest term of imprisonment.
If someone violates this legislation, is he to be prosecuted as we prosecute litter bugs? Will there be a record kept on the computer?
MR. RONNIE Wong Man-chiu (in Cantonese):—If staff of the Department discover people burning wax, they prosecute. As for the penalties, the court passes sentences. The maximum fine under this legislation is $2,000 and imprisonment up to 14 days.
In the case of successful prosecution of litter bugs, the maximum fine is $25,000.
MR. DANIEL Wong Kwok-tung (in Cantonese):—Mr. Chairman, I started burning wax when I was small and I kind of miss doing it. My follow-up question is whether we are convinced wax burning activities will stop on enacting new legislation. If not, we will be simply keeping ourselves away from such activities.
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Page 230 of 654
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HONG KONG PROVISIONAL URBAN COUNCIL
229
I can see that an amendment has been made in 1997 to Section 23(A) of the by-law on pleasure grounds ( Urban Council) in the form of an additional clause expressly prohibiting wax melting/burning or tampering of hot wax within the Council's pleasure grounds.
However, Section 8(d) of the Regional Council By-law on plerasure grounds only prohibits ignition of fires at places marked out by the Council for public cooking. These two clauses are completely different in concept and they are of two different units of legislation. Will staff of the Department refrain from enforcing the legislation to prevent embarrassment? Will the Department just give advice?
I go on to the next question. This legislation deals with wax burning in pleasure grounds of the Urban Council. If wax burning is by the roadside outside our venues or just outside the doors of our venues, can the Department prosecute?
MR. RONNIE Wong Man-cHIU (in Cantonese):—I can tell Mr. CHAN that staff of the Department will enforce the new amended legislation diligently. Of course, the procedure we take will be to give advice first. If repeated advice is to no avail, we will have to prosecute. I already stated this in paragraph 4 of my reply. When necessary, we will ask the Police for assistance.
Mr. CHAN just asked if staff of the Department will enforce the above legislation in respect of wax burning outside our venues. I believe we can only tackle matters happen within UC venues. If something happens outside our purview, the Department will discuss with other government departments for further actions. This legislation applies only to UC venues.
MR. DANIEL TO BOON-MAN (in Cantonese):—Mr. Chairman, let me raise a practical question. I think giving advice does not amount to much. If we prosecute wax burning successfully, what are the penalties? I would like to know the maximum fine and the longest term of imprisonment.
If someone violates this legislation, is he to be prosecuted as we prosecute litter bugs? Will there be a record kept on the computer?
MR. RONNIE Wong Man-cHIU (in Cantonese):-If staff of the Department discover people burning wax, they prosecute. As for the penalties, the court passes sentences. The maximum fine under this legislation is $2,000 and imprisonment up to 14 days.
In the case of successful prosecution of litter bugs, the maximum fine is $25,000.
MR. DANIEL Wong Kwok-tung (in Cantonese):—Mr. Chairman, I started burning wax when I was small and I kind of miss doing it. My follow-up question is whether we are convinced wax burning activities will stop on enacting new legislation. If not, we will be simply keeping ourselves away from such activities.
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