Replies to LegCo questions

LCQ2: Food premises for unauthorised extension of food business

Following is a question by the Hon Lee Wing-tat and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (June 21):

Question:

I have received repeated complaints from members of the public that the extension of food business by some food premises in Kwai Fong Circuit has led to environmental hygiene and noise nuisance problems. In this connection, will the Government inform this Council:

(a) whether the authorities have permitted any licensees of the food premises in Kwai Fong Circuit to conduct business at places beyond the confines of the licensed food premises;

(b) of the number of prosecutions instituted by the Food and Environmental Hygiene Department last year against licensees of food premises in Hong Kong for unauthorised extension of food business, and the respective numbers of food business licences suspended and revoked as a result of such prosecutions; and

(c) as under the existing legislation, licensees of food premises convicted of unauthorised extension of food business are subject to a maximum fine of $10,000 and imprisonment for three months, whether it will consider amending the relevant legislation to enhance its deterrent effect by imposing a heavier penalty; if so, of the details of its consideration; if not, the reasons for that?

Reply:

Madam President,

(a) According to our record, the Food and Environmental Hygiene Department (FEHD) has not granted permission to any food premises in Kwai Fong Circuit (i.e. the area surrounded by Wing Fong Road, Ko Fong Street and Hing Fong Road) to carry on a food business at places beyond the confines of their premises.

(b) In 2005, FEHD instituted a total of 638 prosecutions against licensees of food premises for unauthorised extension of food business. In the same year, 49 licensees of food premises had their licences suspended for 7 or 14 days in connection with conviction of Section 34C of the Food Business Regulation (Cap. 132 sub. leg.) (FBR) (for carrying on a food business at or from any place beyond the confines of the food premises as delineated on the plan approved), and upon accumulation of 15 or more demerit points under the Demerit Points System (DPS) within a period of 12 months. Another licensee of food premises had his licence cancelled resulting from a number of convictions of the offence.

(c) Under Section 34C of the FBR, except with the written permission of the Director of Food and Environmental Hygiene, no licensee shall carry on a food business at or from any place beyond the confines of the licensed food premises. Non-compliance is an offence and is subject to a maximum fine of $10,000 and imprisonment for 3 months. A daily fine of $300 is also applicable. Repeated breaches may lead to licence suspension or cancellation under the DPS.

Nevertheless, the above legislation has its limitations. FEHD often comes across cases in its enforcement actions where prosecution action under the above legislation cannot be taken as the licensee is absent from the scene. Also, when staff of FEHD arrive at the scene to take enforcement action, the operators often immediately stop their business activities outside the licensed area and move the dining tables and chairs back into the licensed premises. Under such circumstances, it is difficult for FEHD to collect evidence at the scene. In the light of the above, FEHD is now proposing to amend the FBR to make it an offence for any person (not just the licensee) engaged in any food business to carry on a food business or to set out or leave any article beyond the confines of the licensed premises. When a food business is found to have been carried on outside the licensed premises, or when dining tables and chairs are found outside the licensed premises, FEHD will gather sufficient evidence to prove that the person-in-charge of the food premises has breached the FBR. FEHD may also apply to the court for forfeiture of the related articles, and register demerit points under the DPS against the licensee concerned to enhance deterrence. Our next step will be to consult the trade on the proposed legislative amendment.


Ends/Wednesday, June 21, 2006
Issued at HKT 12:05

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