Minutes of the 5th Meeting of
Food, Environment, Hygiene & Works Committee (2016-2017)
Central and Western District Council
Date / : / 21 July 2016Time / : / 2:30 pm
Venue / : / Conference Room
14/F., Harbour Building
38 Pier Road, Central, Hong Kong
Present:
Chairlady
Ms SIU Ka-yi*
Vice-Chairman
Mr YEUNG Hok-ming*
Members
Mr CHAN Chit-kwai, Stephen,BBS, JP / (2:40 pm - end of the meeting)
Mr CHAN Choi-hi, MH / (2:47 pm - end of the meeting)
Mr CHAN Hok-fung, MH*
Ms CHENG Lai-king / (2:51pm - end of the meeting)
Mr HUI Chi-fung / (2:46 pm - 3:55 pm)
Mr KAM Nai-wai, MH*
Mr LEE Chi-hang, Sidney, MH*
Miss LO Yee-hang / (2:35 pm - end of the meeting)
Mr NG Siu-hong*
Mr YEUNG Hoi-wing*
MrYIP Wing-shing, BBS, MH, JP*
Co-opted Members
Mr CHENG Chi-shing, David*
Mr HO Chi-wong*
Mr LEE Wai-keung*
Mr WONG Sai-kit / (Beginning of the meeting - 2:49 pm and
(4:31pm - end of the meeting)
Remarks: * Members who attended the whole meeting
( ) Time of attendance of Members
Item 5Mr. YU Man Hon, Stephen / Department of Health / Executive Officer I (Enforcement) 5
Dr. Dawin LO / Department of Health / Medical & Health Officer(Community Liaison)2
Mr. NG Chung-Kai, Chapman / Hong Kong Police Force / Assistant Police Community Relations Officer, Central District
Mr KWOK Tsz-ping / Hong Kong Police Force / Neighbourhood Police Co-ordinator, Police Community Relations Office, Central District
Mr. TO Man-fai / Hong Kong Police Force / Western District Assistant Police Community Relations Officer
Mr. FAN Ka-yin / Hong Kong Police Force / Western District Neighbourhood Police Co-ordinator
Mr. LIU Chi Wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Mr CHOI Yiu-kwok, Kent / Leisure and Cultural Services Department / Deputy District Leisure Manager (Central and Western) 2
Item 6
Mr. LIU Chi Wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Mr LAW See-hon, Sean / Environmental Protection Department / Senior Environmental Protection Officer (Regional South) 1
Item 7
Mr. CHAN Ho Yin / Architectural Services Department / Chief Property Services Manager/1
Mr. Wilfred AU / Urban Renewal Authority / General Manager, Planning and Design
Ms. Sarah YUN / Urban Renewal Authority / Senior Manager, Community Development
Mr. KWOK Kin Man, Alex / Lands Department (District Lands Office/Hong Kong East, West & South) / Senior Estate Surveyor/LC & LE
Mr. CHAN Wai Kit, Edmond / Lands Department (District Lands Office, Hong Kong West and South) / Senior Estate Surveyor/Central & Harbourfront
Mr. CHAN Ming Yin, Danny / Buildings Department / Building Surveyor/Heritage 2
Ms WONG Kam-ling, Candy / Buildings Department / Building Surveyor/A3-SD
Item 8
Mr CHOI Yiu-kwok, Kent / Leisure and Cultural Services Department / Deputy District Leisure Manager (Central and Western) 2
Mr. LIU Chi Wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Item 9
Mr. LIU Chi Wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Item 10
Mr. LIU Chi Wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Item 11
Mr. CHAN Ho Yin / Architectural Services Department / Chief Property Services Manager/1
Ms WONG Kam-ling, Candy / Buildings Department / Building Surveyor/A3-SD
Mr. LEE Siu-tak, Derek / Environmental Protection Department / Chief Executive Officer (Community Relations)2
Mr. LEE Tai-ming, Steven / Environmental Protection Department / Environmental Protection Officer (Community Relations)3
Mrs. KWOK WONG Mun Yi / Education Bureau / Senior School Development Officer(CWS)2
Miss YU Yan-yan, Rosanna / Central and Western District Office / Senior Executive Officer (District Management)
Item 12
Mr. CHOI Tsz-leung / Fire Services Department / Acting Assistant Divisional Officer
Mr. HO Lai Wa / Water Supplies Department / Senior Engineer/HK 2
Mr. WONG Man Kei / Water Supplies Department / Senior Engineer/Customer Services (HK)
Mr. LI Yam Yee / Buildings Department / Senior Building Surveyor/Fire Safety 3
Item 13
Mr. LIU Chi Wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Item 14
Miss SHU Tsz-Ling, Reona / Central and Western District Office / Executive Assistant (District Council) 2
Item 15
Miss Wong Siu Man, Cindy / Hong Kong Y.W.C.A. Central, Western & Islands District Youth Outreaching Social Work Team / Social Worker (R.S.W)
Item 16
Mr. Chan Kin Sun / Caritas Mok Cheung Sui Kun Community Centre / Social Work Assistant
Ms. Chan Yuk Sim / Caritas Mok Cheung Sui Kun Community Centre / Volunteer
Item 17
Mr Ho Kwun Ngai, Leslie / Hong Kong Y.W.C.A.
Sai Wan Social Centre for the Elderly / Unit-in-charge
Registered Social Worker
Item 18
Mr. HA Tak Kin / The Multi Storey Building Owners Association of Central District (H.K)Ltd. / Chairman
Ms. CHEUNG Ka Yan / The Multi Storey Building Owners Association of Central District (H.K)Ltd. / Secretary
In Attendance
Mrs WONG Ho Wing-sze, Susanne, JP / Central and Western District Office / District Officer
Ms WONG Ming-wai, Cynthia / Central and Western District Office / Senior Executive Officer (District Council)
Miss YU Yan-yan, Rosanna / Central and Western District Office / Senior Executive Officer (District Management)
Ms WONG Kam-ling, Candy / Buildings Department / Building Surveyor/A3-SD
Mr. KAM Yuet Wang / Highways Department / District Engineer/Central
Mr. NG Chung-Kai, Chapman / Hong Kong Police Force / Assistant Police Community Relations Officer, Central District
Mr KWOK Tsz-ping / Hong Kong Police Force / Neighbourhood Police Co-ordinator, Police Community Relations Office, Central District
Mr. TO Man-fai / Hong Kong Police Force / Western District Assistant Police Community Relations Officer
Mr. FAN Ka-yin / Hong Kong Police Force / Western District Neighbourhood Police Co-ordinator
Mr LIU Chi-wai / Food and Environmental Hygiene Department / District Environmental Hygiene Superintendent (Central/Western)
Mr. CHAN Wai Kit, Edmond / Lands Department (District Lands Office, Hong Kong West and South) / Senior Estate Surveyor/Central & Harbourfront
Mr CHOI Yiu-kwok, Kent / Leisure and Cultural Services Department / Deputy District Leisure Manager (Central and Western) 2
Mr. LAM Wai Chuen, Eddie / Civil Engineering and Development Department / Senior Engineer 7 (Hong Kong Island Division 1)
Mr LAW See-hon, Sean / Environmental Protection Department / Senior Environmental Protection Officer (Regional South) 1
Secretary
Miss TAM Lok-Yin, Jovita / Executive Officer (District Council) 3,
Central and Western District Office
Absent with Apologies:
Mr CHAN Ho-lim, Joseph
Mr CHEUNG Kwok-kwan, JP
Mr LAU Kam-sing, Dickie
Opening remarksThe Chairlady welcomed members and representatives of government departments to the 5thmeeting of the Food, Environment, Hygiene & Works Committee (FEHWC) (2016-2017).
Item 1: Adoption of the Agenda
(2:31 p.m.)
2. Members had no comments and the agendawas adopted.
Item 2: Adoption of the Agenda Confirmation of the minutes of the fourth meeting of FEHWC on 26 May 2016
(2:31 p.m. to 2:32 p.m.)
2.The Chairlady said that the Secretariat had not received any proposed amendments before the meeting. As members had no comments on the draft minutes, the Chairlady announced that the minutes of the 4thmeeting were confirmed.
Item 3: Action Checklist on Matters Arising from the Last Meeting
(C&W FEHWC Paper No. 45/2016)
(2:32 p.m.)
3.TheChairladyinvited members to note the paper.
Item 4: Chairman’s report and working group reports
(2:32 p.m.to 2:33 p.m.)
4.The Chairladyindicated that the Secretariat had issued the following papers to members by circulation:
Paper no. / Paper title / Date of circulation
41/2016 / Food Environmental Hygiene Department - Progress Report on Small Scale District Works in Central/Western District / 15 June 2016
42/2016 / Food and Environmental Hygiene Department - Second Phase of Anti-rodent Campaign 2016
in Central & Western District / 21 June 2016
5.The Chairladysaid that the working group reports (revised) had been issued to members alongside the third batch of papers on 18 July.
Item 5: Concern over the fact that only less than half of the total number of smoking offences were prosecuted
(C&W FEHWC Paper No. 34/2016)
(2:33 p.m.to 2:55 p.m.)
6.TheChairlady invited members to express views and raise questions on the issue. Members’ remarks were as follows:
(a)Mr CHAN Hok-fung said that thelow number of prosecution against smoking offences reflected that the ineffectiveness ofthe Tobacco Control Office(“TCO”) in law enforcement and there was a relapse of indoor smoking activity. He hoped that TCO could carry night patrol and initiate prosecution to rectify the situation.
(b)Mr LEE Wai-keung asked whether enforcement actions could be taken bythe department concerned against smoking activity at semi-open space near the doors of restaurants and bars.
(c)Mr NG Siu-hong hoped that the department concerned could review the level of fine against violation of smoking ban and explained the reason for not increasing fines.
7.The Chairladyindicated that she had complained against the violation of smoking ban at Western Market and bar area in Soho but the number of prosecution remained low. She suggested that the department concerned should step up patrol and prosecution efforts.
8.Mr. Stephen YU, Executive Officer I (Enforcement) 5 of TCO of the Department of Health (DH), responded that in addition to the surprise inspectionsin response to complaints, TCO inspectors would alsoconduct proactive inspections. Regarding the semi-open space near restaurants and bars, he pointed out that premises having a roof and enclosed at least up to 50% of the total area of all sides were statutory no-smoking areas. Prosecution could be initiated by TCO inspector and advice would be provided to premises operator. As the current level of fixed fine of $1,500 was determined through legislative procedures,it could not be adjusted by DH. Nevertheless, he would reflect members’views to DH. Besides, DH would also step up night patrol at blackspots such as cooked food stalls and bar area.
9.Mr. Chapman NG, Assistant Police Community Relations Officer, Central District, Mr. TO Man-fai, Western District Assistant Police Community Relations Officer and Mr. LIU Chi Wai, District Environmental Hygiene Superintendent (Central/Western)of the Food and Environmental Hygiene Department (FEHD) had no further comments on the issue.
10.The Chairlady invited members to express views and raise questions on the issue. Members’ remarks were as follows:
(a)Mr CHAN Hok-fung opined that the criteria for law enforcement should be made clearer, such as clarifying whether prosecution could be initiated against diner sitting at the semi-open space of restaurants or bars but had his hand with cigaretteoutside the dining area.
(b)Mr David CHENGsuggested that in addition to prosecution, DH could try to reduce the number of smoking offences by conducting publicity activities. He would also like to know more about the effectiveness of prosecution and see if it was supported by actual data.
(c)Mr YEUNG Hok-mingindicated that waterpipe smoking was allowed in many restaurants and bars, wherewaterpipes were even displayed to attract customers. He requested a list of restaurants and bars allowing waterpipe smoking in the district and the number of prosecution in this regard.
(d)Mr WONG Sai-kit suggested that TCO inspectors should conduct surprise inspections in plain clothes.
11.Mr. Stephen YUof TCO responded that the open-plan area of restaurant and barhaving a roof and enclosed at least up to 50% of the total area of all sides were statutory no-smoking areas. Regarding the cases where customer had his hand with cigaretteoutside the premises, enforcement would be carried outby DH in light of the actual circumstance of individual case. He pointed out that since the establishment of TCO, the smoking population had been in decline. TCO would continue to carry out law enforcement and publicityactivities to further reduce the smoking population. In addition, TCO catergorizedwaterpipe for smoking as smoking pipe and hence did not have separate data of waterpipe smoking. The law did not stipulate the display of waterpipe for smoking in restaurant and bar but TCO inspector would remind premises operatorof the indoor smoking ban, among others, indoor waterpipe smoking,when such smoking pipe was found during inspection. He also indicated that under the current code of practice,TCO inspectorswere required to wear uniforms andcarry with them working identification when they were on dutyso as to achieve deterrent effect and for identification bythe public.
12.To conclude, the Chairladyhoped that TCO could study the feasibility of stepping up night patrol and carrying out surprise inspection in plain clothes.
Item 6: Concern over the impact of exhaust outlets of restaurants on residents in the district
(C&W FEHWC Paper No. 35/2016)
(2:55 p.m.to 3:16 p.m.)
13.The Chairlady invited members to express views and raise questions on the issue. Members’ remarks were as follows:
(a)Mr YEUNG Hoi-wingwould like to know the inspection time of theEnvironmental Protection Department (EPD) and suggested that District Council Members be invited to inspect the exhaust outlets of restaurants during peak business hours.
(b)Mr CHAN Choi-hi indicated that there were similar complaints in Western District. He would like to know whether EPDhad manpower shortage and requestEPD to provide inspection and prosecution records.
(c)Mr CHAN Hok-fungpointedout that the emission of oily fumes and heat caused nuisance to residents but the problems were under the purview of two departments with different criteria, making it difficult to control the problem properly. He opined that the departments concerned should properly monitor thecleanliness of kitchen range hoodof restaurant.
(d)Mr David CHENG suggested that EPD should address the problem throughlicensing system. For instance, if theexhaust system of restaurant had complied with requirement to a certain extent before the issuance of license, EPD would not need to rely on prosecution to address theproblem.
(e)Mr NG Siu-hong would like to know how EPD address theintermittentserious emission of oily fumes from restaurants.
(f)Mr YEUNG Hok-mingpointed out that in addition to inspection before the issuance of license, EPD should also carry out regular inspection and testing of exhaust system of restaurant after the issuance of license. He also enquired EPD of the ways to monitor mobile exhaust system.
14.The Chairlady indicated that upon receipt of complaint, EPD should carry out inspection to restaurant at different time periods, including peak business hours to confirm whether the complaint was substantiated.
15.Mr SeanLAW, Senior Environmental Protection Officer (Regional South) 1 of EPD responded that repeated inspections to restaurant would be conducted upon receipt of complaint, including inspection at peak business hours during lunchtime. EPD had issued notifications with statutory authorityto some of the restaurants mentioned in the paper, asking them to carry out appropriate rectifying measuresto reduce emission of oily fumes. Besides, EPD would work with FEHDand the trade to organise talks regularly to brief license applicants on the regulations and current techniques. Regarding the mobile exhaust system or air-conditioner, as air-conditioner only emittedheat but not exhaust gas, it was not under the purview of EPD.
16.Mr. LIU Chi Wai of FEHD responded that restaurants were required to provide proper grease filter when licenses were issued. It had well-defined specifications on the direction and position of exhaust system. Upon issuance of license, FEHD would inspect the restaurant regularly and conduct special inspection during peak business hours upon receipt of complaint. During inspection, FEHD staff would inspect the operation of the ventilation system of therestaurant and see if the hood, grease filter, air-duct fitted with an extraction fanwere operating properly and under proper maintenance. For any irregularities, advice would be provided to licensee for rectification. For any repeated non-compliance with the licensing conditions during specified period after warning, FEHD would consider cancelling the license. In the past two years, FEHD had issued 87 verbal warnings and 2 warning letters to the restaurants in the Central and Western District in respect of exhaust system.
17.To conclude, the Chairlady hoped that FEHD would step up inspection and educational effort and initiate prosecution as appropriate.
Item 7: Concern over preservation of buildings in the district
(C&W FEHWC Paper No. 36/2016)
(3:16p.m.to 3:50 p.m.)
18.The discussion of the agenda item would be conducted bythe Vice-Chairman.
19.The Vice-Chairmaninvited members to express views and raise questions on the issue. Members’ remarks were as follows:
(a)Mr LEE Wai-keung was concerned about the redevelopment project of H19, saying that theconcurrent repair works of two buildings would threaten the safety of pedestrian.
(b)Mr CHAN Choi-hi indicated that there was not anyproper conservation systemfor buildings other than government properties. He hoped that the department concerned would make public on the Internet the conservationlist of declared monuments and listed buildings so as to facilitate public access to information on the conservation work and projects being carried out by different departments recently.
(c)Mr CHAN Chit-kwaiwas concerned about the problems relating to termitesand green brick, hoping that the department concerned would carry out regular inspection and keep in view of the problems. In addition, he also asked if the contract for disposal of Murray Building require buyer not to demolish the building.
(d)Mr CHAN Hok-fungpointed out that if theowners of the private buildings within the redevelopment project of H19 continued to disregard the repair orders issued by the Buildings Department (BD), it would endanger public safety. He hoped that the department concerned would conduct stringent enforcement actions. Taking Central Market and Central Police Stationas examples, he was concerned about the maintenance of historical building during the transitional period when the end-use had yet been confirmed.
(e)Mr HUI Chi-fungindicated that the cause of the collapse of the former married inspectors' quarter of Central Police Station was not known. He would like to know the progress of BD’s inspection and whenthe public would be informed about the cause of the incident.
(f)The Chairladypointed out that the six private buildings within the redevelopment project of H19 were in dilapidated conditions but the owners failed to carry out the necessary works by the specified deadline set out in repair orders. She would like to know how BD would handle thesepotential bombs in the city.