1998 — Page 445

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 445 of 606

PROVISIONAL URBAN COUNCIL

433

MR. IP Kwok-Chung, Chairman of THE MARKETS AND STREET Traders SELECT COMMITTEE replied as follows (in Cantonese):-This two-part question concerns the Council's prosecutions under the Summary Offences Ordinance, Cap. 228.

The first part of the question enquires whether in the past three years, the Council has prosecuted members of the public under the Summary Offences Ordinance. The answer is "yes".

The second part of the question enquires about the most commonly cited five sections in the Ordinance and the respective prosecution figures. We had only prosecuted offenders under Section 4A of the Summary Offences Ordinance. In the past three years, we had taken out 29,916, 31,240 and 30,928 prosecutions respectively in 1996, 1997 and 1998.

MR. STANLEY NG WING-FAI (in Cantonese):-Mr. Chairman, if staff of the Department can prosecute under the Summary Offences Ordinance, it means they can also take out prosecutions against touting and obstruction. Why aren't we invoking the part of the Summary Offences Ordinance on touting and obstruction in order to prosecute those people who obstruct and affect public access. For example, staff of paging companies are often seen at the main access to MTR stations.

MR. IP KWOK-CHUNG (in Cantonese):—First of all, I must explain in regard to Mr. Ng's question. According to existing Council policy, the main duty of Hawker Control Team (HCT) members is to manage hawkers and deal with hawking activities. They can only exercise power vested under Section 4A of Chapter 228. Legal advice says publicity activities as those described above are not hawking activities since these people do not fall within the interpretation of "hawker" under Section 2A of the Public Health and Municipal Services Ordinance (Cap. 132). If Council policy is to be changed so that HCT members are to be deployed to handle obstruction activities unrelated to hawking, we may be asked to take out prosecutions against many more kinds of obstruction activities under Section 4A of Chapter 228 which is clearly the job of other departments, especially the Police Force. If we ask that HCT members be deployed to take up additional duties unrelated to hawking, unless Members are willing to accept a cut on management of hawking activities in Council areas, we are bound to need a lot of additional staff. Under present circumstances, hiring more staff is impossible. According to the Department, street obstruction falls within street management which is the responsibility of the Police, Lands Department, Highways Department, Transport Department etc. These departments are authorized to take enforcement actions against street obstruction. I believe the explanation relating to responsibility will answer Mr. Stanley NG's question.

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Page 445 of 606 Page 445 of 606 PROVISIONAL URBAN COUNCIL 433 MR. IP Kwok-Chung, Chairman of THE MARKETS AND STREET Traders SELECT COMMITTEE replied as follows (in Cantonese):-This two-part question concerns the Council's prosecutions under the Summary Offences Ordinance, Cap. 228. The first part of the question enquires whether in the past three years, the Council has prosecuted members of the public under the Summary Offences Ordinance. The answer is "yes". The second part of the question enquires about the most commonly cited five sections in the Ordinance and the respective prosecution figures. We had only prosecuted offenders under Section 4A of the Summary Offences Ordinance. In the past three years, we had taken out 29,916, 31,240 and 30,928 prosecutions respectively in 1996, 1997 and 1998. MR. STANLEY NG WING-FAI (in Cantonese):-Mr. Chairman, if staff of the Department can prosecute under the Summary Offences Ordinance, it means they can also take out prosecutions against touting and obstruction. Why aren't we invoking the part of the Summary Offences Ordinance on touting and obstruction in order to prosecute those people who obstruct and affect public access. For example, staff of paging companies are often seen at the main access to MTR stations. MR. IP KWOK-CHUNG (in Cantonese):—First of all, I must explain in regard to Mr. Ng's question. According to existing Council policy, the main duty of Hawker Control Team (HCT) members is to manage hawkers and deal with hawking activities. They can only exercise power vested under Section 4A of Chapter 228. Legal advice says publicity activities as those described above are not hawking activities since these people do not fall within the interpretation of "hawker" under Section 2A of the Public Health and Municipal Services Ordinance (Cap. 132). If Council policy is to be changed so that HCT members are to be deployed to handle obstruction activities unrelated to hawking, we may be asked to take out prosecutions against many more kinds of obstruction activities under Section 4A of Chapter 228 which is clearly the job of other departments, especially the Police Force. If we ask that HCT members be deployed to take up additional duties unrelated to hawking, unless Members are willing to accept a cut on management of hawking activities in Council areas, we are bound to need a lot of additional staff. Under present circumstances, hiring more staff is impossible. According to the Department, street obstruction falls within street management which is the responsibility of the Police, Lands Department, Highways Department, Transport Department etc. These departments are authorized to take enforcement actions against street obstruction. I believe the explanation relating to responsibility will answer Mr. Stanley NG's question. Page 445 of 606 Page 445 of 606 Page 445 Page 446

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Page 445 of 606 Page 445 of 606 PROVISIONAL URBAN COUNCIL 433 MR. IP Kwok-Chung, Chairman of THE MARKETS AND STREETt Traders SELECT COMMITTEE replied as follows (in Cantonese):-This two-part question concerns the Council's prosecutions under the Summary Offences Ordinance, Cap. 228. The first part of the question enquires whether in the past three years, the Council has prosecuted members of the public under the Summary Offences Ordinance. The answer is "yes". The second part of the question enquires about the most commonly cited five sections in the Ordinance and the respective prosecution figures. We had only prosecuted offenders under Section 4A of the Summary Offences Ordinance. In the past three years, we had taken out 29 916, 31 240 and 30 928 prosecutions respectively in 1996, 1997 and 1998. MR. STANLEY NG WING-FAI (in Cantonese):-Mr. Chairman, if staff of the Department can prosecute under the Summary Offences Ordinance, it means they can also take out prosecutions against touting and obstruction. Why aren't we invoking the part of the Summary Offences Ordinance on touting and obstruction in order to prosecute those people who obstruct and affect public access. For example, staff of paging companies are often seen at the main access to MTR stations. MR. IP KWOK-CHUNG (in Cantonese):—First of all, I must explain in regard to Mr. No's question. According to existing Council policy, the main duty of Hawker Control Team (CHT) members is to manager hawkers and deal with hawking activities. They can only exercise power vested under Section 4A of Chapter 228. Legal advice says publicity activities as those described above are not hawking activities since these people do not fall within the interpretation of "hawker" under Section 2A of the Public Health and Municipal Services Ordinance (Cap. 132). If Council policy is to be changed so that HCT members are to be deployed to handle obstruction activities unrelated to hawking, we may be asked to take out prosecutions against many more kinds of obstruction activities under Section 4A of Chapter 228 which is clearly the job of other departments, especially the Police Force. If we ask that HCT members be deployed to take up additional duties unrelated to hawking, unless Members are willing to accept a cut on management of hawking activities in Council areas, we are bound to need a lot of additional staff. Under present circumstances, hiring more staff is impossible. According to the Department, street obstruction falls within street management which is the responsibility of the Police, Lands Department, Highways Department, Transport Department etc. These departments are authorized to take enforcement actions against street obstruction. I believe the explanation relating to responsibility will answer Mr. Stanley NG's question. Page 445 of 606 Page 445 of 606 Page 445Page 446

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Page 445 of 606

PROVISIONAL URBAN COUNCIL

433

MR. IP Kwok-Chung, Chairman of THE MARKETS AND STREETt Traders SELECT COMMITTEE replied as follows (in Cantonese):-This two-part question concerns the Council's prosecutions under the Summary Offences Ordinance, Cap. 228.

The first part of the question enquires whether in the past three years, the Council has prosecuted members of the public under the Summary Offences Ordinance. The answer is "yes".

The second part of the question enquires about the most commonly cited five sections in the Ordinance and the respective prosecution figures. We had only prosecuted offenders under Section 4A of the Summary Offences Ordinance. In the past three years, we had taken out 29 916, 31 240 and 30 928 prosecutions respectively in 1996, 1997 and 1998.

MR. IP KWOK-CHUNG (in Cantonese):—First of all, I must explain in regard to Mr. No's question. According to existing Council policy, the main duty of Hawker Control Team (CHT) members is to manager hawkers and deal with hawking activities. They can only exercise power vested under Section 4A of Chapter 228. Legal advice says publicity activities as those described above are not hawking activities since these people do not fall within the interpretation of "hawker" under Section 2A of the Public Health and Municipal Services Ordinance (Cap. 132). If Council policy is to be changed so that HCT members are to be deployed to handle obstruction activities unrelated to hawking, we may be asked to take out prosecutions against many more kinds of obstruction activities under Section 4A of Chapter 228 which is clearly the job of other departments, especially the Police Force. If we ask that HCT members be deployed to take up additional duties unrelated to hawking, unless Members are willing to accept a cut on management of hawking activities in Council areas, we are bound to need a lot of additional staff. Under present circumstances, hiring more staff is impossible. According to the Department, street obstruction falls within street management which is the responsibility of the Police, Lands Department, Highways Department, Transport Department etc. These departments are authorized to take enforcement actions against street obstruction. I believe the explanation relating to responsibility will answer Mr. Stanley NG's question.

1998 — Page 445

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