Replies to LegCo questions

LCQ6: Temporary hawker licences

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

Question :

At present, political parties have to obtain temporary hawker licences (THLs) issued by the Food and Environmental Hygiene Department (FEHD) before they may sell goods in public places for raising funds.  In this connection, will the Government inform this Council of:

(a) the criteria adopted by FEHD for vetting and approving the THL applications made by political parties; and the differences between such criteria and those adopted for vetting and approving THL applications by other people;

(b) the numbers of THL applications, received and approved respectively by FEHD in each of the past two years, from political parties as defined in Section 60A of Legislative Council Ordinance, together with a breakdown by political parties; and

(c) the number of THLs issued in the past two years to political parties with conditions imposed by FEHD, the details of these conditions and the reasons for imposing them?

Reply:

Madam President,

(a) In order to gradually reduce street trading and to minimise the obstructions and nuisances created by hawking, no new hawker licences have been issued under normal circumstances since 1970.  If charitable or other organizations need to sell goods in public places for fund-raising purpose, consideration would be given to issuing THLs to them upon receipt of their applications.  Such practice of the former Provisional Urban Council has been adopted by the Food and Environmental Hygiene Department (FEHD) since its establishment in 2000.

At present, political parties intending to sell goods in public places for fund-raising purpose on specific days are required to apply to FEHD for a THL.  Upon receipt of the application, FEHD will consult relevant departments, including the Hong Kong Police Force, the Lands Department and the Home Affairs Department.  Subject to no objections being received from departments concerned, a THL will be issued by FEHD to the applicant.  The criteria for vetting such THL applications are in line with that adopted for similar applications made by charitable organisations.

(b) As mentioned above, FEHD will not issue new hawker licences under normal circumstances.  However, if charitable or other organisations apply for THL to sell goods in public places for fund-raising purpose, FEHD would consider such applications.  When processing THL applications from non-charitable organisations, FEHD would not make reference to the definition of "political party" in Section 60A of Legislative Council Ordinance (Cap. 542).  FEHD would require the organisation applying for a THL to prove that it has been registered under the relevant laws of Hong Kong, such as the Societies Ordinance (Cap. 151) or the Companies Ordinance (Cap. 32).  The organisation concerned is also required to declare the intended use of the fund raised, which should not be for commercial or profit-making purposes.  The numbers of applications received from the political parties represented in the Legislative Council and approved in 2004/05 and 2005/06 are as follows:


Name of organization   Number of THL         Number of THL
                                     applications                applications
                                     received                     approved
Democratic Party              11                              9
Civic Party                        1                                1

(c) All organisations issued with THLs to sell goods in public places for fund-raising purpose need to comply with the licensing conditions imposed and the provisions of the Hawker Regulation (Cap. 132, sub. leg.), including keeping the environment clean and free from obstruction to avoid causing inconvenience to the public.

Generally speaking, FEHD will impose the following conditions on a THL:

* The licensee shall provide sufficient refuse bins for the storage of all refuse and other waste matter generated from the hawking business whilst awaiting disposal.

* The licence is not transferable and should be made available at the stall for inspection by a public officer.

* Gambling or game of chance is not allowed.

* The fund-raising activities should not cause obstruction to any road works and maintenance operations of other utility services.

* The licensee should not stock, sell or provide at the stall any counterfeit goods.

In addition, government departments concerned may impose relevant conditions on the fund-raising activities held by the organisations concerned for observance by the applicants.  FEHD will inform the applicants of all relevant conditions upon issue of the THLs.

Thank you Madam President.
 

Ends/Wednesday, June 21, 2006
Issued at HKT 13:31

NNNN