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Prohibition Order, and how long do we have to wait after the Prohibition Order is filed for before we can seek a Closure Order, if the shop continues to violate the Prohibition Order? In such cases, normally how long does it take to effect the closure after prosecution action has been taken? It is because we feel that there are many unlicensed food shops in each district, which continue to operate in spite of complaints. They have been in business as usual for more than a year. May I ask how long it takes before the process of closing a shop is completed?
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):-Mr. CHAN, the time it takes depends on the scheduling of the date of court hearing. If the case is listed for hearing in six months, then it will take a very long time. Mr. Chairman, I therefore share the feeling of the Member raising the question. It it takes too long, there is the possibility for the unlicensed food shops to take advantage, Accordingly, all Members the Public Health Select Committee has put forth the request that the Director of Urban Services be vested with the power to close unlicensed food shops. As far as the main procedures are concerned, the Public Health Select Committee has endorsed a measure, whereby a summons is issued every month to those food premises which have not applied for food licences. Upon conviction by the court, they will be fined every day and this measure has retrospective effect. As soon as a shop is convicted for the first time, we can immediately file for a Prohibition Order to the court and if the operator of the food premises continues business in violation of the Prohibition Order, we can file for the issue of a summons. Upon conviction, a Closure Order may be filed for. The time required depends on the scheduling of the date of hearing. The sooner the date of hearing, the shorter the time it takes. If the date of hearing is sometime away, then it will take six months to a year, which is common.
MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):-My question is still not answered. How many times is a restaurant prosecuted before the Department may file for a Prohibition Order? What is our normal standard? One year or half a year? Five times or 10 times? Can we have a figure?
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):-Mr. Chairman, normally when an unlicensed restaurant is prosecuted once, we may file for a Prohibition Order. We may file for one as soon as the shop is convicted.
MR. ALBERT LAI WING-LIN (in Cantonese):-Mr. Chairman, in fact what I wanted to know just now was how come the food premises managed to stay in business for one year and four months after its licence was cancelled. Was there no other follow-up action during the period when the Closure Order was filed for? If there was such action, what did the Department do in order to follow up the case? If this information is not available now, can it be provided after the meeting?
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Prohibition Order, and how long do we have to wait after the Prohibition Order is filed for before we can seek a Closure Order, if the shop continues to violate the Prohibition Order? In such cases, normally how long does it take to effect the closure after prosecution action has been taken? It is because we feel that there are many unlicensed food shops in each district, which continue to operate in spite of complaints. They have been in business as usual for more than a year. May I ask how long it takes before the process of closing a shop is completed?
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):-Mr. CHAN, the time it takes depends on the scheduling of the date of court hearing. If the case is listed for hearing in six months, then it will take a very long time. Mr. Chairman, I therefore share the feeling of the Member raising the question. It it takes too long, there is the possibility for the unlicensed food shops to take advantage, Accordingly, all Members the Public Health Select Committee has put forth the request that the Director of Urban Services be vested with the power to close unlicensed food shops. As far as the main procedures are concerned, the Public Health Select Committee has endorsed a measure, whereby a summons is issued every month to those food premises which have not applied for food licences. Upon conviction by the court, they will be fined every day and this measure has retrospective effect. As soon as a shop is convicted for the first time, we can immediately file for a Prohibition Order to the court and if the operator of the food premises continues business in violation of the Prohibition Order, we can file for the issue of a summons. Upon conviction, a Closure Order may be filed for. The time required depends on the scheduling of the date of hearing. The sooner the date of hearing, the shorter the time it takes. If the date of hearing is sometime away, then it will take six months to a year, which is common.
MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):-My question is still not answered. How many times is a restaurant prosecuted before the Department may file for a Prohibition Order? What is our normal standard? One year or half a year? Five times or 10 times? Can we have a figure?
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):-Mr. Chairman, normally when an unlicensed restaurant is prosecuted once, we may file for a Prohibition Order. We may file for one as soon as the shop is convicted.
MR. ALBERT Lai Wing-lin (in Cantonese):-Mr. Chairman, in fact what I wanted to know just now was how come the food premises managed to stay in business for one year and four months after its licence was cancelled. Was there no other follow-up action during the period when the Closure Order was filed for? If there was such action, what did the Department do in order to follow up the case? If this information is not available now, can it be provided after the meeting?
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