1997 — Page 395

Urban Council Proceedings 市政局議事錄 All AI Reviewed

HONG KONG PROVISIONAL URBAN COUNCIL

391

gal personal representative means the executor named in the deceased tenant's will who obtains Probate of the will, or, if the tenant died intestate, those who obtain a grant of Letters of Administration to his estate.

Ms. Carlye Tsui Wai-ling (in Cantonese):—Mr. Chairman, my follow-up question addresses parts 2 and 3 of the reply. First of all, I would like to have some statistics. What is the average age of tenants? If some tenants do not run the business personally, how many are assigning others to run stalls for reasons of old age or health problem?

I also think the policy in question is sort of rigid or even self-contradictory. The tenancy of a tenant who is dead can be transferred to others, but one surviving who is too old to run the business personally is not allowed to sub-let or employ others to do the job. Mr. IP, can this policy be reviewed for consistency? Can discretionary measures be introduced or flexible measures taken for more appropriate management so that those with genuine intentions can take over stalls legitimately?

Mr. IP Kwok-CHUNG (in Cantonese):—I cannot tell you right now the average age of tenants. I can, however, tell you that they are rather old. In the past, the Urban Council was responsible for resiting on-street hawkers in market complexes. As our market complexes have been in operation for quite a long time, the length of stay of our tenants is already quite long. I can say for sure that the majority of them are above middle age and some of them are in their seventies. Forgive me for not being able to tell you off hand their average age. I shall furnish Ms. Tsui with the figures later on. If other Members are interested, I can provide them with the figures too.

On operating stalls by tenants in person, under present regulations, tenants do not have to do so. They can employ others or give over to others to run the business. As far as I know, tenants of small stalls are no longer running business themselves. Instead, other people are employed to do so. As for the actual figures, again, I cannot provide them off hand, but I promise to collate them and pass them to Members.

On the question of policy, the existing policy as explained in part 2 of my reply is that transfers are not allowed when tenants are still alive. The existing policy takes into account the background of two types of tenants. For one type being resited on-street hawkers, it is a form of resettlement. For the other type, tenancy contracts were obtained through open tender. We implement the principle that contracts cannot be transferred when tenants are still alive, only after their death. I tend to agree with Ms. Tsui that we may be implementing double standards. I think the question raised by Ms. Tsui will be taken to the Select Committee for consideration. I undertake to do so.

Mr. Christopher Chung Shu-KUN (in Cantonese):—I find the opinion of Ms. Tsui valid, but I do not think she has been given an adequate reply. I

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HONG KONG PROVISIONAL URBAN COUNCIL 391 gal personal representative means the executor named in the deceased tenant's will who obtains Probate of the will, or, if the tenant died intestate, those who obtain a grant of Letters of Administration to his estate. Ms. Carlye Tsui Wai-ling (in Cantonese):—Mr. Chairman, my follow-up question addresses parts 2 and 3 of the reply. First of all, I would like to have some statistics. What is the average age of tenants? If some tenants do not run the business personally, how many are assigning others to run stalls for reasons of old age or health problem? I also think the policy in question is sort of rigid or even self-contradictory. The tenancy of a tenant who is dead can be transferred to others, but one surviving who is too old to run the business personally is not allowed to sub-let or employ others to do the job. Mr. IP, can this policy be reviewed for consistency? Can discretionary measures be introduced or flexible measures taken for more appropriate management so that those with genuine intentions can take over stalls legitimately? Mr. IP Kwok-CHUNG (in Cantonese):—I cannot tell you right now the average age of tenants. I can, however, tell you that they are rather old. In the past, the Urban Council was responsible for resiting on-street hawkers in market complexes. As our market complexes have been in operation for quite a long time, the length of stay of our tenants is already quite long. I can say for sure that the majority of them are above middle age and some of them are in their seventies. Forgive me for not being able to tell you off hand their average age. I shall furnish Ms. Tsui with the figures later on. If other Members are interested, I can provide them with the figures too. On operating stalls by tenants in person, under present regulations, tenants do not have to do so. They can employ others or give over to others to run the business. As far as I know, tenants of small stalls are no longer running business themselves. Instead, other people are employed to do so. As for the actual figures, again, I cannot provide them off hand, but I promise to collate them and pass them to Members. On the question of policy, the existing policy as explained in part 2 of my reply is that transfers are not allowed when tenants are still alive. The existing policy takes into account the background of two types of tenants. For one type being resited on-street hawkers, it is a form of resettlement. For the other type, tenancy contracts were obtained through open tender. We implement the principle that contracts cannot be transferred when tenants are still alive, only after their death. I tend to agree with Ms. Tsui that we may be implementing double standards. I think the question raised by Ms. Tsui will be taken to the Select Committee for consideration. I undertake to do so. Mr. Christopher Chung Shu-KUN (in Cantonese):—I find the opinion of Ms. Tsui valid, but I do not think she has been given an adequate reply. I Page 395 of 654 Page 395 of 654 Page 395 of 654 =Page 396

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Page 395 of 654 HONG KONG PROVISIONAL URBAN COUNCIL 391 gal personal representative means the executor named in the deceased -enant's will who obtains Probate of the will, or, if the tenant died intestate, hose who obtain a grant of Letters of Administration to his estate. s. Carlye Tsui Wai-ling (in Cantonese):—Mr. Chairman, my follow-up question addresses parts 2 and 3 of the reply. First of all, I would like to have -ome statistics. What is the average age of tenants? If some tenants do not run ■he business personally, how many are assigning others to run stalls for reasons of old age or health problem? I also think the policy in question is sort of rigid or even self contradictory. The senancy of a tenant who is dead can be transferred to others, but one surviving who is too old to run the business personally is not allowed to sub-let or employ others to do the job. Mr. IP. can this policy be reviewed for consistency? Can Niscretionary measures be introduced or flexible measures taken for more appropriate management so that those with genuine intentions can take over talls legitimately? WR. JP Kwok-CHUNG (in Cantonese):—I cannot tell you right now the average uge of tenants. I can, however, tell you that they are rather old. In the past, the Urban Council was responsible for resiting on-street hawkers in market ::omplexes. As our market complexes have been in operation for quite a long iime, the length of stay of our tenants is already quite long. I can say for sure That the majority of them are above middle age and some of them are in their Keventies. Forgive me for not being able to tell you off hand their average uge. I shall furnish Ms. Tsut with the figures later on. If other Members are interested, I can provide them with the figures too. On operating stalls by tenants in person, under present regulations, tenants Ho not have to do so. They can employ others or give over to others to run the usiness. As far as I know, tenants of small stalls are no longer running business themselves. Instead, other people are employed to do so. As for the uctual figures, again, I cannot provide them off hand, but I promise to collate them and pass them to Members. On the question of policy, the existing policy as explained in part 2 of my veply is that transfers are not allowed when tenants are still alive. The existing policy takes into account the background of two types of tenants. For one type being resited on-street hawkers, it is a form of resettlement. For the other type, enancy contracts were obtained through open tender. We implement the principle that contracts cannot be transferred when tenants are still alive, only ufter their death. I tend to agree with Ms. Tsui that we may be implementing Hlouble standards. I think the question raised by Ms. Tsun will be taken to the Belect Committee for consideration. I undertake to do so. wir, Christopher Chung ShU-KUN (in Cantonese):~/ find the opinion of Ms. Tsui valid, but I do not think she has been given an adequate reply. I Page 395 of 654 Page 395 of 654 Page 395 of 654 1 =Page 396

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Page 395 of 654

HONG KONG PROVISIONAL URBAN COUNCIL

391

gal personal representative means the executor named in the deceased -enant's will who obtains Probate of the will, or, if the tenant died intestate,

hose who obtain a grant of Letters of Administration to his estate.

s. Carlye Tsui Wai-ling (in Cantonese):—Mr. Chairman, my follow-up question addresses parts 2 and 3 of the reply. First of all, I would like to have -ome statistics. What is the average age of tenants? If some tenants do not run

■he business personally, how many are assigning others to run stalls for reasons of old age or health problem?

I also think the policy in question is sort of rigid or even self contradictory. The senancy of a tenant who is dead can be transferred to others, but one surviving who is too old to run the business personally is not allowed to sub-let or employ others to do the job. Mr. IP. can this policy be reviewed for consistency? Can Niscretionary measures be introduced or flexible measures taken for more appropriate management so that those with genuine intentions can take over

talls legitimately?

WR. JP Kwok-CHUNG (in Cantonese):—I cannot tell you right now the average uge of tenants. I can, however, tell you that they are rather old. In the past, the Urban Council was responsible for resiting on-street hawkers in market ::omplexes. As our market complexes have been in operation for quite a long iime, the length of stay of our tenants is already quite long. I can say for sure That the majority of them are above middle age and some of them are in their Keventies. Forgive me for not being able to tell you off hand their average uge. I shall furnish Ms. Tsut with the figures later on. If other Members are interested, I can provide them with the figures too.

On operating stalls by tenants in person, under present regulations, tenants Ho not have to do so. They can employ others or give over to others to run the usiness. As far as I know, tenants of small stalls are no longer running business themselves. Instead, other people are employed to do so. As for the uctual figures, again, I cannot provide them off hand, but I promise to collate them and pass them to Members.

On the question of policy, the existing policy as explained in part 2 of my veply is that transfers are not allowed when tenants are still alive. The existing policy takes into account the background of two types of tenants. For one type being resited on-street hawkers, it is a form of resettlement. For the other type, enancy contracts were obtained through open tender. We implement the principle that contracts cannot be transferred when tenants are still alive, only ufter their death. I tend to agree with Ms. Tsui that we may be implementing Hlouble standards. I think the question raised by Ms. Tsun will be taken to the Belect Committee for consideration. I undertake to do so.

wir, Christopher Chung ShU-KUN (in Cantonese):~/ find the opinion of Ms. Tsui valid, but I do not think she has been given an adequate reply. I

1997 — Page 395

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