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OFFICIAL RECORD of PROCEEDINGS Thursday, 18 LEGISLATIVE COUNCIL ─ 18 March 2010 6365 OFFICIAL RECORD OF PROCEEDINGS Thursday, 18 March 2010 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. 6366 LEGISLATIVE COUNCIL ─ 18 March 2010 THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN LEGISLATIVE COUNCIL ─ 18 March 2010 6367 THE HONOURABLE STARRY LEE WAI-KING DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. MEMBERS ABSENT: DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. DR THE HONOURABLE MARGARET NG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 6368 LEGISLATIVE COUNCIL ─ 18 March 2010 THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE CHIM PUI-CHUNG THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION PROF GABRIEL MATTHEW LEUNG, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE CLERKS IN ATTENDANCE: MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 18 March 2010 6369 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Two motions with no legislative effect. I have accepted the recommendations of the House Committee: that is, the movers of the motions each may speak, including reply, for up to 15 minutes, and have another five minutes to speak on the amendments; the movers of amendments each may speak for up to 10 minutes; and other Members each may speak for up to seven minutes. I am obliged to direct any Member speaking in excess of the specified time to discontinue. First motion: Supporting the market for traders running small businesses. Members who wish to speak in the debate on the motion will please press the "Request to speak" button. PRESIDENT (in Cantonese): I now call upon Mr Tommy CHEUNG to speak and move his motion. SUPPORTING THE MARKET FOR TRADERS RUNNING SMALL BUSINESSES MR TOMMY CHEUNG (in Cantonese): President, I move that the motion, as printed on the Agenda, be passed. President, it goes without saying that we can all feel the escalating prices of property and almost everything. This of course would not be a problem if the economy is good, but Hong Kong's unemployment rate remains at a high of 4.9% and our economy has yet to make a steady recovery. Under such an economic environment, people are leading a more and more stressful life, especially the average citizens. If they fail to land a job, it is more and more difficult for them to switch to running a small business. Take the shopping malls and markets, which used to be under the Housing Authority, managed by The Link as an example. Rent goes up despite the market condition, thus bringing in numerous chain stores. As a result, independent small to medium-sized shops are getting less and less. 6370 LEGISLATIVE COUNCIL ─ 18 March 2010 The purpose of my motion is that at this critical moment, the Government can support the market for traders, and assist the average citizens in surmounting the restrictions of the prevailing economic environment in order to strive for more opportunities for self-reliance. Viewing from another perspective, if the authorities do not support the market for traders, with rents and operating costs remaining high, the market for small businesses will only get smaller and the trading market for low-priced quality goods will also keep dwindling, creating finally a bigger impact on the grassroots. Actually, the five proposals I brought up in my motion have been discussed for a long time, and they can be said to be the consensus of the colleagues of this Council. So long as the authorities will no longer adopt the delaying tactics, they can be fully implemented. First, the authorities should revitalize the hawker market, which includes allocating expeditiously vacant on-street fixed hawker pitches to traders' assistants through priority balloting. This is because with the degree of familiarity of hawkers' assistants to the environment of the pitches plus their market sensitivity, they will surely bring more business opportunities for the hawker market. However, in the beginning, the authorities insisted that all vacant pitches should be allocated by open ballot in accordance with the principle of fairness. It was only after repeated efforts by the Panel on Food Safety and Environmental Hygiene that the authorities undertook to set aside 70% of vacant pitches to be allocated to hawkers' assistants through priority balloting. I reiterate that there is still room to improve the ratio. I am even of the opinion that registered assistants should have the priority to be allocated all the vacant on-street hawker pitches to run businesses on the same streets or in the same districts. I am not barring outsiders from joining the hawker trade. Rather, since hawkers have to work for long hours and are subject to physical exertion, those inexperienced may not be able to stand. Just as many hawker groups have pointed out, newcomers will drop out once they fail to fit in, leaving pitches LEGISLATIVE COUNCIL ─ 18 March 2010 6371 vacant again. In the end, the hawker market will not be established and this will only bring more loss than gain. President, in the middle of last year, the authorities planned to reissue about 30 itinerant hawker licences for ice-cream vendors. The move was well received and the number of applicants exceeded 3 000. This can be said to be "over subscribed". Finally, 61 applicants were drawn but upon the issuance of the licences, some of them gave up automatically or took on a wait-and-see attitude. In the end, only 24 new licences were issued. Why is it that so many people gave up half-way? I wonder if Members have watched the RTHK programme "Hong Kong Connection" last month. The episode titled "A Smooth Start for Work" ("開工大吉") interviewed three newly-licensed ice-cream vendors. Since the Hawker Control Team of the Food and Environmental Hygiene Department (FEHD) always drive them away citing obstruction or hawking at prohibited "blackspots" as the reason, they all feel dejected. Currently, counting the 51 licences for selling ice-cream, there are a total of 535 licensed itinerant hawkers territory-wide. Under the guideline of the FEHD, so long as they do not obstruct pedestrians and traffic, they should not, in principle, be prosecuted for on-street hawking. Nonetheless, there is no clear standard as to what "posing no obstruction to pedestrians and traffic" means. The authorities should understand that under the present economic environment, making a living is not easy for the average citizens. Since the authorities agree to the reissuance of characteristic hawker licences to give people an opportunity to make a living, they should have sound ancillary measures in place to ensure that these people have sufficient room to operate. Otherwise, it will only waste the efforts of all and undermine the governance ability of the Government. In my opinion, to reduce conflicts, the authorities should provide clear guidelines to define what constitutes obstruction and cut the number of blackspots where reasonable.
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