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MR. JOSEPH Chan Yuek-sut (in Cantonese):-Mr. Chairman, I do not have the information now on the number of times the shop has been prosecuted. According to our working procedures, as soon as a shop is prosecuted and convicted by the court, we may file for a Prohibition Order. If the shop is again convicted by the court for violation of the Prohibition Order, we may file for a Closure Order.
MR. CHAN KWOK-LEUNG (in Cantonese):-Chairman, the one area in the issue of unlicensed restaurants that has attracted most criticism is the complicated prosecution procedure. The listing of case for hearing also takes a long time. Even for those unlicensed restaurants which have no intention at all of applying for a restaurant licence, it takes 3 to 5 months to list the case for the issue of a summons for the first time. Under the revised procedures, we may now file for a Prohibition Order immediately but if the shop violates the Prohibition Order, it will take us 2 to 3 months to list the case for the issue of a Closure Order. In other words, it will take half a year or even longer to finally close an unlicensed restaurant after prosecution is instituted, during which a lot of residents might continue to patronize it. The Department undertook to discuss with the Judiciary to find out whether it was possible to increase the number of court hearings. Eventually the court would increase the number of hearing of cases involving unlicensed restaurants. I would like to know: how many months will be shortened for the listing of a case for the issue of a summons and Closure Order after the number of court hearings is increased ?
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):--Mr. Chairman, the Department's request to the court for earlier listing of cases, as mentioned in the information I provided, is targeted mainly at unlicensed restaurants which have seriously broken the law. As for general cases, the court has not yet given special listing. Accordingly, Mr. Chairman, I have a proposal and that is, it is desirable to set up a municipal court in future, which will be specially tasked with the hearing of cases involving serious municipal offences, so that the cases will be quickly dealt with. The existing courts are not exclusively set up to try cases involving municipal offences. The judges have to list other cases for hearing as well. Municipal cases are not their priority.
Chairman (in Cantonese);—If there are no more follow-up questions, we will proceed to the next item concerning motions. The first motion is one moved by me under the Urban Council Ordinance.
IV. MOTIONS
(1) DR. RONALD LEUNG DING-BONG, CHAIRMAN OF THE PROVISIONAL URBAN COUNCIL, moved:-
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Cat S602
Page 308 of 654
HONG KONG PROVISIONAL URBAN COUNCIL
305
MR. JOSEPH Chan Yuek-sUT (in Cantonese):-Mr. Chairman, I do not have the information now on the number of times the shop has been prosecuted. According to our working procedures, as soon as a shop is prosecuted and convicted by the court, we may file for a Prohibition Order. If the shop is again convicted by the court for violation of the Prohibition Order, we may file for a Closure Order.
MMR. CHAN KWOK-LEUNG (in Cantonese):-Chairman, the one area in the issue cof unlicensed restaurants that has attracted most criticism is the complicated pprosecution procedure. The listing of case for hearing also takes a long time. Even for those unlicensed restaurants which have no intention at all of applying for a restaurant licence, it takes 3 to 5 months to list the case for the issue of a summons for the first time. Under the revised procedures, we may now file for a Prohibition Order immediately but if the shop violates the Prohibition Order, it will take us 2 to 3 months to list the case for the issue of a Closure Order. In other words, it will take half a year or even longer to finally close an unlicensed restaurant after prosecution is instituted, during which a lot of residents might continue to patronize it. The Department undertook to discuss with the Judiciary to find out whether it was possible to increase the number of court hearings. Eventually the court would increase the number of hearing of cases involving unlicensed restaurants. I would like to know: how many months will be shorted for the listing of a case for the issue of a summons and Closure Order after the number of court hearings is increased ?
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):--Mr. Chairman, the Department's request to the court for earlier listing of cases, as mentioned in the information I provided, is targeted mainly at unlicensed restaurants which have seriously broken the law. As for general cases, the court has not yet given special listing. Accordingly, Mr. Chairman, I have a proposal and that is, it is desirable to set up a municipal court in future, which will be specially tasked with the hearing of cases involving serious municipal offences, so that the cases will be quickly dealt with. The existing courts are not exclusively set up to try cases involving municipal offences. The judges have to list other cases for hearing as well. Municipal cases are not their priority.
Chairman (in Cantonese);—If there are no more follow-up questions, we will proceed to the next item concerning motions. The first motion is one moved by me under the Urban Council Ordinance.
IV. MOTIONS
(1) DR. RONALD LEUNG DING-BONG, CHAIRMAN OF THE PROVISIONAL URBAN COUNCIL, moved:-
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Cat S602
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