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further observation. I really do not understand how the Department could have dismissed him on the ground of absence without leave. My follow-up question is: how can the Department justify his dismissal on ground of absence from duty without leave?
MR. SUEN KAI-CHEONG (in Cantonese):—Actually, I am unable to reply if you want to deal with an individual case. I believe there must be an appeal mechanism under Civil Service Regulations. If this is considered an aggrieved case, an appeal may be lodged to overrule the decision.
As for the content of Section 63 of the Colonial Regulations adhered to before, the dismissed officer will lose his pension, gratuity and all other benefits. I think that is precisely the Section invoked when the Department dealt with the case in question. As to whether the action was legally appropriate, I don't think I could decide, but it shall be decided by the Court.
(2) MS. GRACE AU YUK-HAN asked the following question (in Cantonese):— (a) In the past, any organization which wished to hold activities (e.g. carnivals or galas etc.) in public places within the urban area was only required to apply to the Urban Services Department (USD) for a 'Places of Public Entertainment License'. Since last year, there have been some changes in this administrative arrangement. Upon applying to USD for a license, the organization concerned will be informed that its application will be referred to the Fire Services Department (FSD). After acceptance of the application, FSD will issue a 'Fire Services Certificate' to the organization and charge a fee of HK$825. In this regard, I would like USD to give reasons for such procedural changes and the consequential effects. (b) In spite of changes in the license application procedures and the related charges, USD still uses the old application form. As a result, when submitting their applications, the organizations concerned do not know that they also have to apply to FSD and pay a fee. Will the Department consider amending the content of the application form or adopting alternative methods so that the applicants can be fully aware of the application procedures and the related charges?
Mr. Joseph CHAN YUEK-sut, Chairman of the Public Health SELECT Committee, replied as follows (in Cantonese):—This two-part question concerns the requirement of a Fire Services Certificate (FSC) for issue of Places of Public Entertainment Licenses (PPEL).
On the first part of the question, at present, any person who keeps or uses any place for the purpose of holding events or activities such as carnivals and galas falling within the meaning of public entertainment under the Places of Public Entertainment Ordinance (PPEO) in the urban area is required to
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HONG KONG PROVISIONAL URBAN COUNCIL
379
further observation. I really do not understand how the Department could have dismissed him on the ground of absence without leave. My follow-up question is: how can the Department justify his dismissal on ground of absence from duty without leave?
MR. SUEN KAI-CHEONG (in Cantonese):-Actually, I am unable to reply if you want to deal with an individual case. I believe there must be an appeal mechanism under Civil Service Regulations. If this is considered an aggrieved case, an appeal may be lodged to overrule the decision.
As for the content of Section 63 of the Colonial Regulations adhered to before, the dismissed officer will lose his pension, gratuity and all other benefits. I think that is precisely the Section invoked when the Department dealt with the case in question. As to whether the action was legally appropriate, I don't think I could decide, but it shall be decided by the Court.
(2) MS. GRACE AU YUK-HAR asked the following question (in Cantonese):— (a) In the past, any organization which wished to hold activities (e.g. carnivals or galas etc.) in public places within the urban area was only required to apply to the Urban Services Department (USD) for a 'Places of Public Entertainment License'. Since last year, there have been some changes in this administrative arrangement. Upon applying to USD for a license, the organization concerned will be informed that its application will be referred to the Fire Services Department (FSD). After acceptance of the application, FSD will issue a 'Fire Services Certificate' to the organization and charge a fee of HK$825. In this regard. I would like USD to give reasons for such procedural changes and the consequential effects. (b) In spite of changes in the license application procedures and the related charges, USD still uses the old application form. As a result, when submitting their applications, the organizations concerned do not know that they also have to apply to FSD and pay a fee. Will the Department consider amending the content of the application form or adopting alternative methods so that the applicants can be fully aware of the application procedures and the related charges?
Mr. Joseph CHAN YUEK-sut, Chairman of the Public Health SELECT Committee, replied as follows (in Cantonese);—This two part question cooncerns the requirement of a Fire Services Certificate (FSC) for issue of Places of Public Entertainment Licenses (PPEL).
On the first part of the question, at present, any person who keeps or uses amy place for the purpose of holding events or activities such as carnivals and galas falling within the meaning of public entertainment under the Places of Public Entertainment Ordinance (PPEO) in the urban area is required to
Page 383 of 654
Page 383 of 654
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