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Minutes of the 6 th Meeting of Yau Tsim Mong District Council (2016-2019) Date : 29 September 2016 (Thursday) Time : 2:30 p.m. Venue : Yau Tsim Mong District Council Conference Room 4/F., Mong Kok Government Offices 30 Luen Wan Street Mong Kok, Kowloon Present: Chairman Mr IP Ngo-tung, Chris Vice-chairman Ms WONG Shu-ming, MH District Council Members Mr CHAN Siu-tong, MH, JP Mr CHOI Siu-fung, Benjamin Mr CHONG Wing-charn, Francis, MH Mr CHOW Chun-fai, BBS, JP Mr CHUNG Chak-fai Mr CHUNG Kong-mo, BBS, JP Mr HUI Tak-leung Mr HUNG Chiu-wah, Derek Mr JO Chun-wah, Craig Ms KWAN Sau-ling Mr LAM Kin-man Mr LAU Pak-kei Ms TANG Ming-sum, Michelle The Honourable TO Kun-sun, James Mr WONG Kin-san Mr YEUNG Tsz-hei, Benny, MH Mr YU Tak-po, Andy Representatives of the Government Mrs ARON Laura Liang, JP District Officer (Yau Tsim Mong) Home Affairs Department Mr HO Chung-yin, Terrence Assistant District Officer (1) (Yau Tsim Mong) Home Affairs Department Miss CHUNG Ka-wing, Rainy Assistant District Officer (2) (Yau Tsim Mong) Home Affairs Department Mr CHEUNG Kwok-leung, Eric District Environmental Hygiene Superintendent (Mong Kok) Food and Environmental Hygiene Department Mr WONG Kam-wah District Environmental Hygiene Superintendent (Yau Tsim) Food and Environmental Hygiene Department Mr Mark FOSTER District Commander (Mong Kok) Hong Kong Police Force Mr KWOK Pak-chung District Commander (Yau Tsim) Hong Kong Police Force Mr CHOY Chik-sang, Mario Chief Transport Officer (Kowloon) Transport Department Ms CHIU Shui-man, Tabitha Deputy District Leisure Manager (District Support) (Yau Tsim Mong) Leisure and Cultural Services Department Ms WONG Wai-ping Senior Engineer/3 (Kowloon) (Atg) Civil Engineering and Development Department Ms LUI Suk-ching Senior Housing Manager (Kowloon West and Hong Kong 1) (Atg) Housing Department
Transcript
  • Minutes of the 6th Meeting of Yau Tsim Mong District Council (2016-2019)

    Date : 29 September 2016 (Thursday) Time : 2:30 p.m. Venue : Yau Tsim Mong District Council Conference Room

    4/F., Mong Kok Government Offices 30 Luen Wan Street Mong Kok, Kowloon

    Present:

    Chairman Mr IP Ngo-tung, Chris

    Vice-chairman Ms WONG Shu-ming, MH

    District Council Members Mr CHAN Siu-tong, MH, JP Mr CHOI Siu-fung, Benjamin Mr CHONG Wing-charn,

    Francis, MH Mr CHOW Chun-fai, BBS, JP Mr CHUNG Chak-fai Mr CHUNG Kong-mo, BBS, JP

    Mr HUI Tak-leung Mr HUNG Chiu-wah, Derek Mr JO Chun-wah, Craig Ms KWAN Sau-ling Mr LAM Kin-man Mr LAU Pak-kei

    Ms TANG Ming-sum, Michelle The Honourable TO Kun-sun,

    James Mr WONG Kin-san Mr YEUNG Tsz-hei, Benny, MH Mr YU Tak-po, Andy

    Representatives of the Government Mrs ARON Laura Liang, JP District Officer (Yau Tsim Mong) Home Affairs Department Mr HO Chung-yin, Terrence Assistant District Officer (1)

    (Yau Tsim Mong) Home Affairs Department

    Miss CHUNG Ka-wing, Rainy Assistant District Officer (2) (Yau Tsim Mong)

    Home Affairs Department

    Mr CHEUNG Kwok-leung, Eric

    District Environmental Hygiene Superintendent (Mong Kok)

    Food and Environmental Hygiene Department

    Mr WONG Kam-wah District Environmental Hygiene Superintendent (Yau Tsim)

    Food and Environmental Hygiene Department

    Mr Mark FOSTER District Commander (Mong Kok) Hong Kong Police Force Mr KWOK Pak-chung District Commander (Yau Tsim) Hong Kong Police Force Mr CHOY Chik-sang, Mario Chief Transport Officer (Kowloon) Transport Department Ms CHIU Shui-man, Tabitha Deputy District Leisure Manager

    (District Support) (Yau Tsim Mong)

    Leisure and Cultural Services Department

    Ms WONG Wai-ping Senior Engineer/3 (Kowloon) (Atg) Civil Engineering and Development Department

    Ms LUI Suk-ching Senior Housing Manager (Kowloon West and Hong Kong 1) (Atg)

    Housing Department

  • In Attendance: Miss TSE Siu-wah, Janice, JP Director of Home Affairs Home Affairs Department Mr Duncan Warren PESCOD,

    GBS, JP Chief Executive Officer West Kowloon Cultural

    District Authority Mr NG Ying-chuen Head, Technical Services West Kowloon Cultural

    District Authority Ms SY WONG Director, Communications and

    Public Affairs West Kowloon Cultural

    District Authority Mr Patrick FAN Senior Estate Surveyor / Urban

    Renewal 1 Lands Department

    Ms Teresa CHOW Estate Surveyor / Urban Renewal 5 Lands Department Ms Agatha NG Senior Manager (Acquisition &

    Clearance) Urban Renewal Authority

    Mr SO Ngai-long Senior Manager (Community Development)

    Urban Renewal Authority

    Mr TONG Wing-po Senior Liaison Officer (Building Management), Yau Tsim Mong District Office

    Home Affairs Department

    Mr NG Cheuk-yiu Sectional Commander (Immigration Task Force)

    Immigration Department

    Mr CHOW Ka-hung Senior Immigration Officer (Investigation), Task Force

    Immigration Department

    Secretary Ms CHUNG Siu-lan, Joanne

    Senior Executive Officer (District Council), Yau Tsim Mong District Office

    Home Affairs Department

    Opening Remarks The Chairman welcomed representatives from government departments and participants to the meeting. He reported that Mr CHAIONG David, Stanley, Chief Leisure Manager (Hong Kong West) of the Leisure and Cultural Services Department (LCSD) was absent due to other duty commitments, and Ms Tabitha CHIU, Deputy District Leisure Manager (District Support) (Yau Tsim Mong) was attending the meeting in his place. Besides, Mr MOK Wing-cheong, Ringo, Chief Engineer / Kowloon 5 (Kowloon) of the Civil Engineering and Development Department (CEDD) and Mr TSE Chick-lam, Chief Manager / Management (Kowloon West and Hong Kong) of the Housing Department (HD) were absent due to duty commitments. Ms WONG Wai-ping, Senior Engineer / 3 (Kowloon) (Atg) and Ms LUI Suk-ching, Senior Housing Manager (Kowloon West and Hong Kong 1) (Atg) were attending the meeting in their places respectively. Item 1: Visit of Director of Home Affairs to Yau Tsim Mong District Council

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  • 2. The Chairman welcomed Miss Janice TSE, Director of Home Affairs to the Yau Tsim Mong District Council (YTMDC). 3. Miss Janice TSE gave a Powerpoint presentation on the Fixed Penalty (Public Cleanliness Offences) (Amendment) Bill 2015, the Property Management Services Bill, review of the Building Management Ordinance, and the Signature Project Scheme (Yau Tsim Mong) (the Signature Project Scheme). She gave thanks to Councillors for their efforts in the Signature Project Scheme, and she hoped that the Signature Project Scheme would be implemented as soon as possible. 4. The Chairman added that the suggestion to construct the Yau Tsim Mong Multi-cultural Activity Centre under the Signature Project Scheme had been raised by Mr CHAN Siu-tong and Mr Derek HUNG in the last District Council Term. 5. Mr Francis CHONG said that occupation of public places, causing or without causing environmental hygiene, security, traffic or structure problems, was against the law. Therefore, he suggested the government amend the regulation, and the relevant departments be vested with the power to arrest, remove or prosecute such offenders, in order to improve cityscape and environmental hygiene. He also suggested that a government department should be assigned to examine whether the street sleepers had chosen street sleeping because of housing problems, as well as to take follow-up action. 6. Ms KWAN Sau-ling expressed that she had pointed out years ago to the then Director that a number of buildings in Hong Kong got more than one owners corporation (OC), resulting in issues over maintenance of the buildings. She hoped that Miss Janice TSE would solve the problem. She also hoped that after commencement of the Fixed Penalty (Public Cleanliness Offences) (Amendment) Bill 2015, the Food and Environmental Hygiene Department (FEHD) and the Hong Kong Police Force (HKPF) would take rigorous enforcement actions against offenders. 7. Mr Benjamin CHOI appreciated the support services on building management offered by the Yau Tsim Mong District Office (YTMDO). He expressed that: i) some members of the public abused the free legal advice service on building management by consulting different lawyers under the scheme on the same case, and they would take the advice most favourable to them. Therefore, he hoped that the Home Affairs Department (HAD) would review the professional experience of the service providing lawyers in building management; ii) according to the HAD webpage, if the questions intended for advice had been made by another applicant from the same building, the application would not be entertained. This measure might instigate competition for applications; and iii) he suggested staff of the district office brief and explain to enquirers the requirements under the Building Management Ordinance, based on actual case examples, in order to help solve their problems. 8. Mr LAM Kin-man said that advices given under the free legal advice service scheme on the same case might vary from lawyer to lawyer. He asked whether the HAD would make reference to the relevant experience of the lawyers before arranging for meetings for the lawyers to provide legal advice services. Since an applicant for free legal advice service would normally need to wait for six to eight weeks, he suggested the HAD shortening the waiting time. He also pointed out that although the YTMDO and voluntary organisations

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  • had succeeded in convincing the street sleepers to leave the Yim Po Fong Street Footbridge in August 2015, the footbridge was back to the usual condition one or two months later. Therefore, he hoped that the YTMDO would keep making efforts to solve the problem of street sleeping on the footbridge. 9. Mr Andy YU indicated that notwithstanding the pledge to provide free legal advice service in six to eight weeks, some members of the public had reflected to him that the actual waiting time was eight to nine weeks. He would like to know the reason for such delay. He also asked whether the HAD would consider setting up a hotline to handle simple legal enquiries (e.g. the documents required to make a will) in order to provide easy-to-get service to the public. 10. Mr Derek HUNG pointed out that the government had injected resources in various aspects to encourage integration of the ethnic minorities in the recent years. He raised his views as follows: i) he suggested the HAD compile and release information to the public about the services for ethnic minorities provided by all bureaux and government departments; ii) the problem of street sleeping under the Ferry Street Footbridge in Yau Ma Tei showed no sign of improvement; iii) Mr Francis CHONG had made the suggestion of appointing a department to examine whether a street sleeper had chosen street sleeping because of housing problems and to take follow-up action. The suggestion was feasible. 11. Mr CHUNG Kong-mo said, as the government had failed to solve the problem of street sleeping under the prevailing law, he suggested the government adjust the policy on street sleepers, as well as amend the ordinance to make it an offence for street sleepers to occupy public places. He further said that some buildings were unable to take out public liability insurance since they got illegal structures. He believed that the HAD and the Buildings Department (BD) should work together to handle the problem. Furthermore, the BD should first remove illegal structures in these buildings, in order to help these buildings take out public liability insurance. 12. Mr HUI Tak-leung commended the District Officer for her efforts to liaise with various departments and co-ordinate their work to solve problems in the community in the past two years. It was a shame that all departments stuck to their own practice. Owing to their terms of reference, HAD staff could not collect evidence in the combat against unlicensed guesthouses. Moreover, he shared the view that in handling the problem of occupation of common areas in buildings, the BD should first remove illegal structures in these buildings. 13. Mr Craig JO said that if OC members were easily held criminal liable, many of them might choose to stay away from the work of the OC. He also indicated that there were a lot of street sleepers at Ning Po Street / Shanghai Street Rest Garden and the site of the previous Tai Lin Company. He was of the view that the government should adjust the policy on street sleepers, as well as to amend the regulation in order to solve the problem of street sleeping. 14. Mr WONG Kin-san extended thanks, on behalf of the residents of his constituency, to the government for the commencement of the Fixed Penalty (Public Cleanliness Offences) (Amendment) Bill 2015 on 24 September this year. He hoped that the relevant departments would keep up with their efforts and strictly enforce the law. He expressed that the Yau Tsim Mong (YTM) District got a lot of old buildings, but the YTMDC only allocated an

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  • insufficient amount of $250,000 for building management publicity and education. He therefore requested the HAD to devote additional resources for building management in the form of special fund earmarked for special purpose. 15. Miss Janice TSE responded as follows:

    (i) The emergence of street sleepers was the result of a number of complicated social problems. In handling the situation, the government must first solve the social problems behind. Currently, the HAD and District Offices had to rely on co-operation of the relevant departments (including the Social Welfare Department and the FEHD).

    (ii) Street sleeping might involve other issues, e.g. unauthorised occupation of government land and illegal structures, which made the problem even more complicated. Moreover, public views towards street sleepers were different now. Therefore, the government might consider developing an inter-departmental handling mechanism, as well as the procedures, in handling the problem of street sleeping.

    (iii) Besides working with the Duty Lawyer Service to provide free legal advice service to the public in Legal Advice Centres in various District Offices, the HAD worked in collaboration with the Law Society to provide free legal advice service on building management. Since all participating lawyers provided such services on a voluntary basis, it was difficult for the HAD to arrange for the same lawyer to follow-up on the applications filed by the same OC or same member of the public. If it was a dispute between the OC and the flat owners, the parties involved could choose to settle it through mediation service.

    (iv) A number of provisions of the existing Building Management Ordinance were outdated. The HAD was therefore reviewing the said ordinance to bring about greater flexibility.

    (v) The Building Management Ordinance required that only one OC could be formed for one Deed of Mutual Covenant (DMC). As regards formation of more than one OC in a building, the construction structure usually consisted of more than one building. These buildings were usually located in the same lot but different sections or parts, and each section or part had its own DMC. Since one OC could be formed for one DMC, a construction structure might form more than one OC, if it had more than one DMC. If the formation of more than one OC was caused by the existence of Sub-DMCs of the buildings, and it instigated problems of building management or maintenance, the case could be brought before the Lands Tribunal for adjudication. The parties involved could take part in the assistance scheme implemented by the HAD for legal advice or any other professional advice when necessary.

    (vi) In view of the complexity of building management, the HAD was studying measures to strengthen legal support for OCs.

    (vii) Hong Kong now had around 40 000 private buildings. 18 000 of them had

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  • formed an OC, and the rest might have set up different organisations. If all the buildings were to be provided with free legal advice service, the resources incurred would be very substantial. Therefore, apart from free legal advice service, the HAD was studying measures to strengthen legal support for OCs.

    (viii) The publics support for the Fixed Penalty (Public Cleanliness Offences) (Amendment) Bill 2015 would make it easier for the government to enforce the law against shop front extensions.

    16. Mr Francis CHONG raised his views as follows: i) It was not necessary for the government to address the social problems behind street sleeping before solving the problem of unauthorised occupation of public places by street sleepers; ii) The government should assign a department to handle the housing problem of street sleepers; and iii) To eradicate the problem, the government must enforce the law by arresting and prosecuting street sleepers. 17. Mr Benny YEUNG raised his views as follows: i) It was necessary to provide support services for street sleepers; and ii) Some street sleepers conducted filthy business and committed illegal acts under the disguise of street sleeping. The government should solve the problem of street sleeping through cross-departmental collaboration. 18. Mr CHUNG Kong-mo believed that some street sleepers had chosen street sleeping for reasons other than housing problem. It would put the cart before the horse if the government thought that the problem of street sleeping could be solved if it first solved the social problems behind street sleepers. He believed that to eradicate the problem, the government should amend the law, aiming at prevention of unauthorised occupation of government land by street sleepers, and strictly enforce the law. 19. The Vice-chairman hoped that the HAD would strike a balance between street sleepers and all other stakeholders right to use public places. 20. Miss Janice TSE thanked Councillors for their views, and she responded as follows:

    (i) The HAD would continue to work with the YTMDO to follow-up on the problem of street sleeping. It would also join hands with the relevant departments to work out other feasible measures.

    (ii) As regards the free legal advice service, the service was provided by duty lawyers, who joined the scheme on a voluntary basis. In view of the strong demand for the service and the long waiting time, the HAD would discuss with the Duty Lawyer Service provider to see whether it was possible to recruit more lawyers.

    (iii) Since the applicants had to wait for a long time for the free legal advice service, some applicants might not show up at the specified time. It would waste public resources, and disrupt the arrangements.

    (iv) Provision of legal consultation service through hotline would depend on the availability of resources of the Duty Lawyer Service. In the present stage, implementation of the suggestion was not possible.

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  • 21. The Chairman thanked the Director of Home Affairs for joining the discussion on this item. Item 2: Confirmation of Minutes of 5th YTMDC Meeting 22. The minutes of the last meeting were confirmed without amendments. Item 3: Financial Position of YTMDC as at 19 September 2016

    (YTMDC Paper No. 95/2016) Item 4: Funding Applications from Specified Organisations

    (YTMDC Paper No. 96/2016) Item 5: Funding Application from 2016-2017 Executive Committee of YTM Healthy

    City for Organisation of Health Promotion Programme (YTMDC Paper No. 98/2016)

    Item 6: Funding Application from YTM District Youth Campaign Programme

    Committee for Organising Youth Activities in YTM District in 2016-2017 (YTMDC Paper No. 99/2016)

    Item 7: Funding Application from 2016-2017 YTM Organising Committee on

    Cultural Arts Events for Organisation of Cultural Arts Events (YTMDC Paper No. 100/2016)`

    Item 8: Funding Application from 2016-2019 Festival Celebration Organising

    Committee, YTMDC for Organisation of YTM Festive Lighting Decorations for 2016 (YTMDC Paper No. 101/2016)

    Item 9: Funding Application from Working Group on Promotion of Tourism and

    Local Community Economy for Production of Souvenirs (YTMDC Paper No. 102/2016)

    Item 10: Revised Funding Application from 2016-2017 Executive Committee of YTM

    Healthy City for Organisation of YTM Health Ambassador Training Programme (YTMDC Paper No. 103/2016)

    23. The Chairman proposed discussing the funding applications in item three to ten together. There was no objection. He reminded Councillors to fill in the Declaration of Interests form if necessary. The form could be obtained from the Secretariat. 24. Councillors noted the financial position of the YTMDC Funds as at 19 September 2016, and endorsed the funding applications for item four to ten (YTMDC Paper Nos. 96/2016, 98/2016 to 103/2016).

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  • Item 11: Update on the Progress of the West Kowloon Cultural District Development

    (YTMDC Paper No. 104/2016) 25. The Chairman welcomed Mr Duncan Warren PESCOD, Chief Executive Officer, Mr NG Ying-chuen, Head, Technical Services and Ms SY WONG, Director, Communications and Public Affairs of the West Kowloon Cultural District Authority (WKCDA). 26. The Chairman declared an interest as a Board Member of the WKCDA. 27. Mr PESCOD and Mr NG Ying-chuen gave a Powerpoint presentation on the following:

    (i) Hardware development of the West Kowloon Cultural District (WKCD), including the WKCD Project, Xiqu Centre, Arts Garden, M+Pavilion, Lyric Theatre Complex, and the public infrastructure works;

    (ii) Measures adopted by the WKCDA to extend its audience base and to nurture talents; and

    (iii) Youth and Public Engagement Exercise. (Mr HUI Tak-leung left the meeting at 3:36 p.m.) 28. The Chairman expressed that the WKCDA and the Organising Committee on Cultural Arts Events of the YTMDC would organise an activity on 15 January 2017. Mr Derek HUNG was the Convenor. 29. Mr Derek HUNG added that the YTMDC would organise the Storm YTM @ West Kowloon on 15 January 2017, which was planned by the Hulu Culture. He raised his views and enquiries as follows: i) Lin Cheong Road got a direct access to the entrance of the WKCD. He hoped that the WKCDA would maintain liaison with the MTR Corporation Limited (MTRCL) to make sure that the MTRCL would be able to relieve traffic congestion around Kowloon Station after the commissioning of the Guangzhou-Shenzhen-Hong Kong Express Rail Link; and ii) whether any large multi-purpose venue would be constructed in the multi-purpose site. If so, where it would be. 30. Ms KWAN Sau-ling indicated that many members of the public worried that they would have to pay for the admission into the WKCD to use the facilities. 31. Mr PESCOD responded in English as follows:

    (i) Members of the public might enter the WKCD and use the facilities free of charge;

    (ii) Since the commercial activities in the WKCD might affect other users, and the WKCDA wanted to monitor and control the commercial activities in the WKCD, so as to minimise the impact on the users and to ensure smooth

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  • operation of the commercial activities, the WKCDA would charge a levy on such commercial activities. The charging policy would be consistent with the existing policy of the Leisure and Cultural Services Department (LCSD);

    (iii) A large scale multi-purpose venue would be built in the Kai Tak Development Area, therefore, the WKCDA would not build any large multi-purpose venue in the multi-purpose site. The WKCDA intended to use the land as performance or exhibition venue for arts and culture related activities.

    32. Mr NG Ying-chuen responded that there would be a linkage between Lin Cheong Road and the WKCD, and part of the road section of Lin Cheong Road would be opened in mid-2017. However, currently the entrance of the linkage was occupied by MTRCL office. The WKCDA would commence the works in zone 2B after evacuation of the office from the site. 33. Mr Francis CHONG asked: i) whether photographic service providers and street singers needed to apply to the WKCDA for a licence beforehand; and ii) whether there would be enough toilet facilities in the WKCD. He hoped that the design of the lavatories in WKCD would be pretty and elegant, in order to be compatible with the surrounding environment. 34. Mr CHAN Siu-tong said, according to the description of the representatives, to facilitate monitoring and control of the WKCDA, all activities of a commercial nature had to be licensed by the WKCDA before it was conducted in the cultural district. As regards the street performance on Sai Yeung Choi Street South, the court did not consider it a hawking behaviour or commercial activity. He also pointed out that the Avenue of Stars Management Ltd. had no intention to demand any person to apply for a licence or pay any fee for such activities. He believed that if commercial activities were allowed in the WKCD, it might affect the right of the public to use the common area in the cultural district. 35. Mr Andy YU asked whether the M+Pavilion would be equipped with barrier free access for the disabled and those in need. 36. The Chairman responded that a lift would be erected near the M+Pavilion for those in need. 37. Mr Derek HUNG declared an interest as a member of the Consultation Panel of the WKCDA. He said that in 2014, the WKCDA drew up the bylaw in the light of relevant guidelines of the LCSD, and the bylaw had been submitted to the Legislative Council for discussion. He was aware that photographic service providers in the Avenue of Stars had to apply to the LCSD for a licence beforehand, but nothing was charged. He hoped that the representatives of the WKCDA explained to Councillors in this regard. 38. Mr PESCOD responded in English as follows:

    (i) To encourage street performance, the WKCDA accepted applications for street performance permits, and the annual fee was $100. Around 300 street performers had been registered. The registration system worked well, and all the performers were of a high standard.

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  • (ii) The public might enter the WKCD free of charge.

    (iii) In order to monitor all activities conducted in the WKCD, the WKCDA had

    drawn up the bylaw. The last District Council had been consulted on the bylaw, and the bylaw had been enacted by the Legislative Council.

    (iv) The WKCDA was trying to locate a suitable place in the cultural district for different kinds of performance groups. Such location should not affect the other users.

    (v) The WKCD would have sufficient male, female and family toilet facilities. (The Hon James TO joined the meeting at 4 p.m.) 39. The Vice-chairman asked the WKCDA: i) the definition of commercial purpose; and ii) the application procedures for permits for street performers and arts performing groups. She hoped that the WKCDA would take initiative to announce such information to avoid negative media reports. 40. Mr PESCOD responded in English as follows:

    (i) Staff of the WKCDA had tried their best to contact all the groups to explain to them the rules and regulations. However, some photographers started their commercial activities by providing paid services without applying to the WKCDA beforehand.

    (ii) Staff of the WKCDA had explained the regulations to those photographers who had failed to submit their applications, and told them that charges and fees were not the sole concern of the WKCDA. The WKCDA provided services to photographers as well, such as finding suitable photographing spots for them.

    (iii) Notwithstanding the fact that there were complaints from other users, the WKCDA had adopted a low profile in handling complaints, and gave advice to the photographers in a polite manner.

    41. The Vice-chairman pointed out that there had been media reports that a member of the public only needed to submit an application form to the WKCDA, together with photos and a fee of $500, to obtain an annual pass, which would allow them to conduct commercial activities in the WKCD for a whole year. She asked whether the reports were true. 42. Mr Francis CHONG asked: i) whether the West Kowloon Cultural District (Public Open Spaces) Bylaw had stipulations on political gatherings and forums conducted in the WKCD; and ii) what the WKCDA would do to handle crowds of expatriate domestic helpers in the WKCD during holidays. 43. Mr Derek HUNG hoped that the WKCDA would make it clear to the public that the cultural district would be open free of charge, and explain the criteria adopted to decide whether an activity was subject to payment.

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  • 44. Mr PESCOD responded in English as follows:

    (i) The WKCDA would set up a registration system for street performers, instead of issuing any annual permit to them. After the registration, a street performer might give performance at the specified time and location in a specified manner.

    (ii) Any person who wished to hold a political gathering in the WKCD must first file an application with the Police and go through all the procedures. The WKCDA was an arts and cultural organisation, instead of a political group. All political matters should be handled by the Police or another party.

    (iii) For security considerations, any person who wished to hold a gathering in the WKCD must first apply to the WKCDA for a permit.

    (iv) The WKCDA welcomed everybody, regardless of his colour or race.

    (v) The WKCDA had uploaded all the relevant information to the WKCD website for the reference of the public. All new information and new matters would be released to the media through the Director, Communications and Public Affairs. Taking this opportunity, the WKCDA would like to clarify the reports made by the media.

    45. The Chairman hoped that the WKCDA would report to the YTMDC the development of the WKCD Project from time to time, and exchange views with Councillors. 46. The Chairman thanked the representatives of the WKCDA for joining the discussion on this item. Item 12: Resumption of Land for Implementation of Demand-led Redevelopment

    Project DL-11:YTM by the Urban Renewal Authority at Ash Street, Tai Kok Tsui, Kowloon (YTMDC Paper No. 105/2016)

    47. The Chairman welcomed:

    (a) Mr Patrick FAN, Senior Estate Surveyor / Urban Renewal 1, and Ms Teresa CHOW, Estate Surveyor / Urban Renewal 5 of the Lands Department (Lands D); and

    (b) Ms Agatha NG, Senior Manager (Acquisition & Clearance), and Mr SO Ngai-long, Senior Manager (Community Development) of the Urban Renewal Authority (URA).

    48. Mr SO Ngai-long gave a Powerpoint presentation (Annex 1) on the content of the document, including background and chronology of events of the Ash Street Demand-led Redevelopment Project (DL-11:YTM), situation of the common areas, interior condition of

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  • the building, acquisition situation assessment and projected workflow, etc. 49. Ms Teresa CHOW briefed the meeting on the content of the document, including the requisition proposal, compensations, and the household rehousing arrangement of the Ash Street Demand-led Redevelopment Project. 50. The Chairman said that Councillors had received e-mails from groups of household affected by the Ash Street Demand-led Redevelopment Project, in which aspirations were voiced. He hoped that the representatives of the URA would note the aspirations and strengthen communication with the households affected by the project. 51. The Hon James TO asked: i) Among those flats remained unacquired, how many flat owners had asked for demand-led redevelopment; ii) If the flat owners had asked for demand-led redevelopment, why their flats still remained unacquired; and iii) What the reasons were behind those flats remained unacquired. 52. Mr Benjamin CHOI asked: i) Whether all the qualified households under the project would be rehoused in renovated flats in So Uk Estate or some estates in West Kowloon; ii) Before land resumption was ordered by the Chief Executive, whether the URA would continue to improve the safety and living environment of the building, and deploy workers to clear up the garbage in the common areas (including the staircases and corridors) of the building on a regular basis. 53. Mr Andy YU hoped that before the government resumed the land under the project, the URA would continue to make effort to improve the environmental hygiene of the building to ensure that they were suitable for living for the households. He also pointed out that the environmental hygiene condition of the canopy on the 2nd Floor of the building was bad. 54. Mr CHUNG Kong-mo raised his views and enquiries as follows: i) The households requested the URA and the Lands D to expedite the resumption procedures, and to rehouse them as soon as possible; ii) Whether enough flats had been reserved in So Uk Estate for qualified households; iii) Whether the URA had got any flats in private buildings in YTM District ready for the qualified households apart from So Uk Estate; iv) Whether the URA would install a closed circuit television system (CCTV) on each floor of the building; and v) Since the URA had got a majority of ownership shares of the building, it had the responsibility and the obligation to improve the management, environmental hygiene and security of the building. 55. Ms Agatha NG responded as follows:

    (i) Up till now, there were 11 flats not yet successfully acquired by the URA, including one self-occupied flat and 10 tenanted residential flats. Owners of these flats had raised their request to the URA for demand-led redevelopment of the building.

    (ii) Owners of the ten tenanted flats were reluctant to sell their flats because part of them considered the acquisition offer too low, and they wished to continue to receive rents. As regards the self-occupied flat, no agreement could be reached so far due to the fact that the owner was nowhere to be located, and it involved ownership issues. The URA would continue to make efforts to

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  • discuss with the owners of these unacquired flats. 56. Mr SO Ngai-long responded as follows:

    (i) There was an illegally constructed metal structure in the light well on the 2nd floor. Notwithstanding that there was a lot of rubbish accumulated on the top structure, the occupier of the structure refused to let cleansing workers in to clear up the rubbish. The URA was trying to find a way to clear up the rubbish without entering the structure. He took the opportunity to appeal to the tenants not to throw down their rubbish, and remind them to care for the environment.

    (ii) The URA had received complaints from some tenants over the past two months that the hygiene condition of the building was unsatisfactory. Therefore, the URA had deployed workers to clear up rubbish in the common areas of the building from time to time over the past two months.

    (iii) The URA had arranged for security guards to work in the building round the clock. They would perform patrol in the building, and give advice to the tenants who threw down their rubbish.

    (iv) Qualified tenants under the project would be admitted to public housing units in So Uk Estate. If necessary, they might choose to live in the two URA rehousing blocks in the YTM District. Tenants might feel free to contact URA personnel directly if they wish to enquire about the rehousing arrangements.

    (The Hon James TO left the meeting at 4:38 p.m.) 57. Mr CHOW Chun-fai was glad that all the qualified tenants under the project would be admitted to So Uk Estate. He indicated that since the government required former flat owners and tenants to vacate the building by the deadline, the URA should ensure that qualified tenants would be rehoused immediately. 58. Mr Benjamin CHOI would like to know whether the number of So Uk Estate units offered by the Hong Kong Housing Authority was enough to cope with the rehousing arrangements for the Tonkin Street / Fuk Wing Street, the Castle Peak Road / Un Chau Street and the Ash Street Redevelopment Projects. He urged the URA to maintain good communication with tenants affected by the redevelopment projects. 59. Mr SO Ngai-long responded that tenants affected by the redevelopment project and stakeholders could contact URA personnel directly. Besides, the So Uk Estate units assigned to the URA were in principal enough to accommodate the qualified tenants affected by the projects. However, as there were no large units for households of 6 persons or above in So Uk Estate, the URA might need to make use of some other estate units to accommodate qualified households of 6 persons or above. 60. The Chairman asked Councillors whether they agreed to resumption of the land on Ash Street, Tai Kok Tsui for implementation of the demand-led redevelopment project

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  • DL-11:YTM. 61. Mr CHOW Chun-fai showed support to the project. No objection to the project was raised by the Councillors. 62. The Chairman concluded that Councillors unanimously supported the project. He asked the Secretariat to make a record of it. 63. The Chairman thanked the representatives for joining the discussion on this item. Item 13: To Improve Law and Order in the District

    (YTMDC Paper No. 106/2016) 64. The Chairman welcomed Mr Mark FOSTER, District Commander (Mong Kok) of the HKPF. 65. Mr Andy YU gave a briefing on the content of the document. Having regard to the recent crime cases in Tai Kok Tsui, he requested the Police to deploy more uniform officers to perform patrol in the area both at day and during the small hours, in order to curb the problem. 66. Mr FOSTER responded in English as follows:

    (i) He extended thanks to the YTMDC, the YTM District Fight Crime Committee (DFCC) and the YTM District Area Committees for expressing their views to the Mong Kong Police District, as well as their assistance in distribution of publicity leaflets to disseminate anti-crime messages to the residents.

    (ii) The Commissioner of Police (CP) attached great importance to the communication between Police Districts and local communities. Both the CP and the Mong Kok Police District wished to maintain close rapport with the locality to ensure good law and order in the Mong Kong District.

    (iii) Apart from performing routine patrol and law enforcement, the Police would monitor the crime situation in the Mong Kok Police District, as well as flexibly deploy resources in the light of the situation in the district. Not only uniform officers, but also a lot of plainclothes officers were deployed for street patrol. If necessary, the Kowloon West Regional Headquarters would allocate more resources to the Mong Kok Police District, and the Mong Kok Police District would strengthen manpower in weak spots in a timely manner.

    (iv) As there had been some serious robbery cases in Tai Kok Tsui recently, the Mong Kok Police District had deployed more officers to Tai Kok Tsui for patrol duties.

    (v) In relation to the case mentioned in the paper, Police Community Relations Office of the Mong Kok Police District had contacted the management office of the subject estate, and reminded the security guards to strengthen patrol.

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  • (vi) The Mong Kok Police District would maintain good cooperation with Councillors and the locality for crime prevention and detection.

    67. Mr Andy YU indicated that the Police should strengthen patrol at night, not just the day. He learned from the newspaper that the victim of the case in the paper was both deaf and mute, and he was aware that the deaf-mute might report to the Police by sending a 992 short message. He wished that the Police would enhance publicity of the 992 short message system, in order to protect personal safety of the deaf-mute. 68. Mr Francis CHONG asked whether the Police would consider installing a CCTV at the rear staircases of Hoi Fu Court Carpark. He pointed out that the case in the paper was an indecent assault, but Councillors repeatedly referred it as a rape when they spoke. He hoped that Councillors would take note of that. 69. Mr Benny YEUNG expressed that after the efforts of the YTMDC, the Police had installed a CCTV at Cherry Street Park. He would like to know whether the crime situation of the area had improved after the installation of the CCTV. 70. Mr CHUNG Kong-mo pointed out that a number of shops in Charming Garden were burgled during the small hours in August this year, and hence the Police had strengthened patrol in the area. He suggested the Police: i) strengthen patrol at the footbridges (including Tong Mi Road Footbridge, Waterloo Road Footbridge and Dundas Street Footbridge) from Hoi Wang Road, Hoi Ting Road and Cherry Street to new reclamation area; ii) enhance communication with the management offices of the housing estates in the new reclamation area; iii) install CCTVs at main passageways to help tracing suspects in case of crimes. It would also give strong evidence and deterrent effect; and iv) deploy more officers to patrol along the Dundas Street Footbridge at day (close to Dundas Street) for crime prevention. 71. Mr CHUNG Chak-fai pointed out that there had been a number of burglaries in old buildings and buildings without security guards in Tai Kok Tsui over the past two months. He hoped that the Police would strengthen patrol at night, especially in single tenement buildings without security guards in Tai Kok Tsui. 72. Mr FOSTER responded in English as follows:

    (i) As regards reporting crimes by means of 992 short messages, he would convey to the Community Relations Bureau of the Police Public Relations Branch views of the Councillors for more publicity, e.g. distribution of leaflets.

    (ii) Concerning whether to install CCTV at the rear staircase of the Hoi Fu Court Carpark, he would follow-up on the case after the meeting. In the case mentioned in the captioned paper, the image of the suspect was given by a nearby CCTV.

    (iii) The case in the captioned paper was an attempted rape. The Police were seeking advice from the Department of Justice. Evidence showed that it was more serious than an ordinary case of indecent assault.

    (iv) The Police were unable to conclude at this stage how effective the installation

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  • of CCTV at the Cherry Street Park was in crime fighting. As for Public Square Street Park and Rest Garden, the gambling and crime situation had improved after the installation of CCTV. He would monitor the effectiveness of the CCTV on Cherry Street Park.

    (v) The primary duty of the Police was not installation of CCTV, which was within the purview of the LCSD and property management companies. Therefore, the Police would, through the DFCCs, encouraged the LCSD and property management companies to install CCTVs at suitable locations.

    (vi) Notwithstanding that resources were limited, the Police would deploy resources to spots where crimes had occurred repeatedly. In the light of the robberies and burglaries in Tai Kok Tsui, the Police had strengthened night patrol in the area.

    73. The Chairman thanked the representatives of the Police for joining the discussion on this item. Item 14: YTM District-led Actions Scheme

    (YTMDC Paper No. 107/2016) 74. The Chairman welcomed Mrs Laura ARON, District Officer (Yau Tsim Mong), Miss Rainy CHUNG, Assistant District Officer (2) (Yau Tsim Mong), and Mr TONG Wing-po, Senior Liaison Officer (Building Management). 75. Mrs Laura ARON gave a Powerpoint presentation on the progress of the YTM District-led Actions Scheme (DAS), including:

    (i) Content of the building common area cleansing plan, sources and categories of target buildings, cleansing work of the building cleansing contractor, pest control arrangements, progress of the cleansing work, situation of target buildings before and after the cleansing work, home visit arrangements, arrangements for building cleansing in the future, home visit questionnaire results, publicity and education;

    (ii) Aim of the Hearing Care Action, the mobile hearing test service, work progress, questionnaire results, community activities of the Hearing Care Action, and the estimated expenditure; and

    (iii) The YTMDO had been allocated with about $3,400,000 under the Scheme. The estimated expenditure for cleansing of common area of buildings and the Hearing Care Action added up to about $2,600,000. She suggested Councillors consider making use of the remaining fund, which was $800,000, to enhance anti-mosquito and anti-pest work in order to improve the environmental hygiene in the district. Suggestions from Councillors were welcome.

    76. Ms Michelle TANG indicated that residents in her constituency had not benefited

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  • from the building common area cleansing work. In the light of the serious rodent, mosquito and cockroach infestation in the district, she agreed that the remaining fund under the DAS should be used to enhance the anti-mosquito and anti-pest work in the district. 77. Ms KWAN Sau-ling was of the view that if cleansing of common area of buildings was pursued further with the remaining fund, tenants might become over-reliant on the YTMDOs cleansing work. They might even think that it was the duty of the YTMDO to cleanse the common areas of the buildings. She therefore agreed that the remaining fund should be used to enhance anti-rodent work in the district. 78. Mr Benny YEUNG raised his views as follows: i) It was very important that the YTMDO conducted home visit after cleansing the common areas of the buildings so as to disseminate to tenants the importance of environmental hygiene and building management; ii) Many tenants reflected that the cleansing contractor rarely used water to cleanse the common areas of the building. However, when he reflected the said problem to the contractor, the contractor claimed that there was no water tab in those buildings. He hoped that the YTMDO would follow up with the contractor; and iii) The publicity period of the Hearing Care Action was too short, and as a result, the number of participants fell short of the expectation. 79. Mr LAU Pak-kei raised his views as follows: i) He hoped that through cleansing the common areas of the buildings, the YTMDO could help these buildings to form owners corporations or tenants representative groups; ii) The publicity period of the Hearing Care Action was too short. Some interested tenants might have missed the hearing test service; and iii) It could be more effective for the YTMDO to deploy the remaining fund to enhance anti-mosquito and anti-rodent work in badly infested areas than to carry out such work without aiming at certain areas. 80. Mr Craig JO considered the content of the building common area cleansing work practical. He believed that the efforts could raise the tenants awareness to keep the living environment clean. He commended that the Hearing Care Action benefited the ethnic minorities in the district. He was of the opinion that anti-rodent and anti-mosquito work fell within the purview of the FEHD. According to the representative of the FEHD at the meeting of the Food, Environmental Hygiene and Public Works Committee (FEHPWC) held on 22 September 2016, the effectiveness of the anti-rodent and anti-mosquito practices adopted by the FEHD now remained questionable. He therefore suggested the FEHD use the remaining $800,000 to study new rodenticide and mosquitocide. 81. Mr CHUNG Chak-fai hoped that the YTMDO would continue to monitor the performance of the contractor during the period of the scheme. Relating to the Hearing Care Action, since the YTMDO had failed to inform Councillors of cancellation of the hearing test service on certain days, some residents wishing to enroll for the test at the spot only got disappointed when they got to the place. He wished that the YTMDO would strengthen communication with Councillors and the service provider. 82. Mr LAM Kin-man enquired whether the cleansing contractor would cleanse the canopies, apart from clearing up rubbish at the staircases, cleansing the staircases and removing things and rubbish from the rooftops, and if not, the reason behind. He hoped that the YTMDO would conduct home visit after the cleansing of the common areas to discuss

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  • with the owners formation of an owners corporation. He also expressed that the publicity period of the Hearing Care Action was too short. Moreover, the publicity fell in the election period of the Legislative Council, and thus the residents might not be aware of the activity. (Mr CHOW Chun-fai left the meeting at 5:40 p.m.) 83. Mr Benjamin CHOI was of the view that while using the remaining fund to enhance anti-mosquito and anti-rodent work, the YTMDO should also pay attention to the sustainability of the work result, e.g. grating drainage outlets and filling rat holes. He commended the YTMDO for its efforts to conduct home visit and questionnaire survey after the cleansing operations in the common areas of buildings and the mobile hearing test, so as to raise the residents awareness of the importance of environmental hygiene and good building management, and to enhance their concern on aural protection, which would ensure sustainability of the results. 84. Mr Andy YU suggested the YTMDO extend the publicity period, if any hearing test service was to be provided in the future. He appreciated the YTMDOs effort of conducting a questionnaire survey after the cleansing operations in common areas of the buildings, so that both the YTMDO and Councillors would know the feedbacks of the residents as well as the effectiveness of the programmes. He suggested the YTMDO consider using the remaining fund to eradicate bedbugs and dog fouling in the district, apart from performing anti-mosquito and anti-pest work. 85. Mr CHUNG Kong-mo said that provision of free mobile hearing test service in the district might not attract a large number of participants, but it made the residents aware of the importance of aural protection. He raised suggestions that the YTMDO: i) extend the publicity period for any hearing test activity in the future; ii) after the cleansing operations in common areas of the buildings, distribute to tenants souvenirs printed with keep the environment clean messages; and iii) include anti-cockroach operations while using the remaining fund for anti-mosquito and anti-pest work, and adopt new methods when performing such work. 86. Mr WONG Kin-san believed that anti-mosquito and pest control work fell within the daily routines of the FEHD, and the YTMDO should not put the remaining fund to that purpose. Therefore, he objected to the proposal to make use of the remaining fund to strengthen anti-mosquito and anti-pest work in the district. He was discontented that the YTMDO had failed to estimate the expenditure carefully, and caused a remaining amount of $800,000. He recalled that he had raised a number of community problems (including street sleepers, subdivided flats, fire risks in old tenement buildings in the district, private buildings without residents organisations, building management and legal support) at the District Council Meeting (DC Meeting) on 31 March 2016. He believed that all those were problems with more pressing needs. He also indicated that according to the minutes of the said meeting, Mrs Laura ARON had expressed that the YTMDO would review the effectiveness of the DAS upon implementation, consult the YTMDC and adjust the project details when appropriate. He hoped that the YTMDO would adjust the existing programmes, instead of making new ones. 87. The Chairman said that control included prevention, eradication and killing. Moreover, pest included bedbugs and cockroaches.

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  • 88. Mrs Laura ARON thanked Councillors for their support as a whole, as well as their fair views. She responded as follows:

    (i) The ultimate purpose of the cleansing operations in common areas of the buildings under the DAS was to encourage flat owners to form an owners corporation. The YTMDO must continue to work towards this end.

    (ii) In relation to the Hearing Care Action, the publicity period was short because it was hoped that the plan could be launched as soon as possible to benefit the residents. Moreover, taking heed of the advice from the Steering Committee, the YTMDO decided to adjust the direction of the plan. It was decided that the residents awareness of aural protection should be raised through educational activities, together with mobile hearing test service to benefit a larger group of residents. The adjustment had been reported to Councillors at the DC Meeting in July. As the implementation mode of the Hearing Care Action had changed, and some collaborators had joined the programme on a voluntary basis, the actual expenditure of the Hearing Care Action was lower than the projected level.

    (iii) The YTMDO would provide service in schools and elderly centres during the new round of mobile hearing test service, hoping that more resident would benefit from the activity.

    (iv) The DAS could not cover all the challenges encountered in the YTM District. The YTMDO hoped that it would have more support from the YTMDC, so that more suitable programmes could be launched under the Scheme.

    89. Mr TONG Wing-po responded that if the canopy was part of the common areas, the cleansing contractor would clean it. He quoted Pak Tung Building (transliteration), 205-209 Tung Choi Street as an example, and said that the contractor had cleaned the canopy of the building. However, if the cleansing worker could not have access to the canopy, or it was dangerous to work on it, the contractor might not clean the canopy of that building. 90. Mr Eric CHEUNG responded as follows:

    (i) Targeting hygiene black spots infested with mosquitos and rodents in the district, the FEHD would invest more resources for anti-mosquito and pest control work under the Scheme. If resources allowed, the FEHD would also consider strengthening the existing pest control daily routine / increasing the frequency. Besides, the FEHD would step up efforts in clearing rubbish around manhole covers, and place rat baits in the locations infested with rodents.

    (ii) The FEHDs Pest Control Advisory Section discussed pest control work with District Environmental Hygiene Offices from time to time, as well as gave advice and suggestions to them. Therefore, he believed that it was not necessary to allocate extra resources to upgrade pest control know-how.

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  • (iii) If rubbish was accumulated on the canopy of a private building, the FEHD, upon receiving any complaint, would issue a written notification to the flat owner(s) who constructed the canopy, and demand him / them to clear the rubbish from the canopy.

    (iv) Regarding dog fouling, the FEHD would handle the problem through law enforcement, street cleansing, publicity and education. It would also step up publicity at environmental hygiene black spots.

    (v) With respect to bedbugs, the FEHD would give advice to the affected residents on bedbug control measures if any complaint was received.

    (vi) The FEHD would also follow-up on the cases concerning cockroaches spotted in public places.

    91. Mr Benny YEUNG said that at the FEHPWC Meeting on 22 September 2016, representative of the FEHD indicated that the anti-rodent performance in the district would have been enhanced if extra resources had been invested in this aspect. In the light of the close of the current financial year, he suggested making use of the remaining fund to strengthen anti-mosquito and anti-pest work. He also suggested Councillors taking a vote on the proposal from the YTMDO. 92. Mr Francis CHONG enquired of the representatives of the FEHD: i) what the FEHD would do with $800,000 to kill the rats and clean the streets; and ii) whether the proposal from the YTMDO was feasible. 93. Mr Craig JO was of the view that the effectiveness of the FEHDs current anti-mosquito and anti-pest measures was questionable. Therefore, the result might not be gainful even if the remaining $800,000 was used to strengthen FEHD manpower for the relevant work. 94. Mr Andy YU indicated that dog fouling had remained a plaguing issue to the YTMDC. He asked whether the FEHD would use the remaining fund to handle the dog fouling problem. 95. Mr Eric CHEUNG responded as follows:

    (i) Yau Tsim and Mong Kok District Environmental Hygiene Offices had contracted out the pest control work. The department would enhance manpower through additional resources to perform the said work. The department would also place more rat baits, rodenticide and traps at environmental hygiene black spots, fill the rat holes, as well as enhance relevant routine duties.

    (ii) As for dog fouling on footbridges, the FEHD currently handled the problem through law enforcement, cleansing, publicity and education. The FEHD had reminded cleansing workers to increase cleansing frequency at environmental hygiene black spots.

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  • 96. The Chairman asked Councillors whether a vote should be taken on the proposal in YTMDC Paper No. 107/2016. 97. Mr WONG Kin-san said that the YTMDC Paper No. 107/2016 did not ask Councillors to take a vote. He pointed out that the YTMDO only intended to report on the progress of the DAS, and to consult the YTMDC at the meeting. It was up to the District Management Committee (DMC) whether to implement and how to implement the scheme. He questioned whether it was necessary to take a vote at the meeting. 98. Ms Laura ARON responded that the YTMDO needed a clear advice from the YTMDC on how to use the remaining $800,000. The proposal would be submitted to the DMC for its endorsement before it was confirmed. 99. The Chairman invite Councillors to cast votes to show whether they agreed that the remaining fund of $800,000 should be used to strengthen the anti-mosquito and anti-pest work in the district. 100. Voting result: 11 Councillors voted for the proposal, namely, Mr Benjamin CHOI, Mr Francis CHONG, Mr CHUNG Chak-fai, Mr CHUNG Kong-mo, Mr Craig JO, Ms KWAN Sau-ling, Mr LAM Kin-man, Mr LAU Pak-kei, Ms Michelle TANG, Mr Benny YEUNG and Mr Andy YU. One Councillor voted against the proposal, namely, Mr WONG Kin-san. Two Councillors abstained from voting, namely, Ms WONG Shu-ming and Mr CHAN Siu-tong. 101. The Chairman announced that the YTMDC agreed that the remaining fund of the scheme, i.e. $800,000, should be used to strengthen anti-mosquito and anti-pest work in the district. 102. The Chairman closed the discussion on this item. (Mr Francis CHONG left the meeting at 6:13 p.m.) Item 15: Request for Joint Operation to Tackle the Nuisance to Residents Caused by

    Sex Workers in Streets of Yau Ma Tei (YTMDC Paper No. 108/2016)

    103. The Chairman welcomed:

    (a) Mr KWOK Pak-chung, District Commander (Yau Tsim) of the HKPF; and (b) Mr NG Cheuk-yiu, Sectional Commander (Immigration Task Force) and Mr

    CHOW Ka-hung, Senior Immigration Officer (Investigation), Task Force of the Immigration Department (ImmD).

    104. Mr Benny YEUNG briefed the meeting on the content of the paper. He suggested that, the Police should close those flats used for prostitution activities for deterrent effect, and the closing period should be six months at least. 105. Mr KWOK Pak-chung responded as follows:

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  • (i) The Yau Tsim Police District regularly conducted Operation Fung Foh

    (transliteration) in collaboration with the ImmD, in which the Police collected evidence through sting operation and surveillance in order to arrest street sex workers.

    (ii) In 2015, the Police conducted 44 Operations Fung Foh, and a total of 733 Mainland female overstayers were arrested. From January to August 2016, the Police conducted 38 Operations Fung Foh, and a total of 611 Mainland female overstayers were arrested.

    (iii) The Task Force of the Yau Tsim Police District investigated whether there was any mastermind behind the vice business. In 2015, the Police detected three cases. Nine persons were arrested and charged with keeping a vice establishment and exercising control over a woman for the purposes of prostitution. From January to August 2016, the Police detected three cases, and three persons were arrested. Among these six cases, four took place in the area of Temple Street and Shanghai Street. After detection of each case, the Police would issue a warning letter to the owner of the relevant flat, and ascertained whether the flat owner should be held criminally responsible. If so, the Police would apply to the court to close the flat. In all these cases, there was no sign of recurrence of the crime.

    (iv) Uniform officers of the Yau Tsim Police District would strengthen patrol at the black spots mentioned in the discussion paper. The Police would also deploy police vehicles to stay at guard at conspicuous locations for deterrent effect.

    (v) Half of the arrested persons were Mainlanders, and the other half were Hong Kong Identity Card holders.

    (vi) It was not an offence for a woman to work as a prostitute. However, soliciting for an immoral purpose during the process constituted an offence. Re-offenders would be imprisoned for a maximum of seven days.

    (vii) The Police would adjust the tactics and time of Operation Fung Foh, as well as strengthen intelligence collection.

    106. Mr NG Cheuk-yiu responded as follows:

    (i) The ImmD regularly took part in the joint operations led by the Police against prostitution activities. After the operation, the ImmD would question those overstayers who were suspected to be engaged in such activities. For those who had not breached the conditions of stay, the ImmD would repatriate them. They would be subject to enquiry upon re-entry into Hong Kong. If the purpose of visit was doubtful, they would be refused permission to enter Hong Kong and would be subject to summary removal.

    (ii) The ImmD had conducted more weekend operations than the previous year. Apart from regular days, the ImmD would continue to join hands with the

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  • Police for law enforcement actions on weekends. 107. Mr Craig JO asked whether the ImmD would arrange for any operation on weekends, as he heard that the ImmD would have to pay its officers overtime allowances for any operations conducted on Saturdays or Sundays. He also extended gratitude to the Yau Tsim Police District for its rigorous measures against street prostitution in the recent months. (Mr Derek HUNG left the meeting at 6:20 p.m.) 108. Mr CHUNG Kong-mo expressed that there were a lot of sex workers soliciting in the section of Portland Street between Dundas Street and Waterloo Street. He suggested the Police strengthen street patrol, and conduct identity card checks on loitering females and suspicious characters, or even perform more high-rise patrol to disrupt routine operation of the prostitution business. 109. Mr Benny YEUNG asked the representatives of the ImmD whether they would conduct more joint operations at weekends or outside office hours. Moreover, he hoped that the Police would close the flats used for prostitution activities for deterrent effect for a period of six months at least. 110. Mr KWOK Pak-chung responded that the Police pledged to strengthen street patrol, increase high-rise patrol frequency, and vigorously combat controlling of prostitution. 111. Mr NG Cheuk-yiu responded that the ImmD would continue to work with the Police to take vigorous measures against those who were engaged in the prostitution business and breached their conditions of stay. The department would arrange for joint operations with the Police during weekends and holidays. 112. The Chairman thanked the representatives for their participation in the discussion on the item. Item 16: Great Concern over the Fire at Yau Ma Tei Fruit Market and Request for

    Inspection cum Improvement of Fire Service Equipment (YTMDC Paper No. 109/2016)

    113. The Chairman said that the written responses from the Fire Services Department (FSD), the Environmental Protection Department (EPD) and the Development Bureau (DEVB) (Annexes 2 to 4), as well as the joint written response from the Food and Health Bureau (FHB) and the Agriculture, Fisheries and Conservation Department (AFCD") (Annex 5) had been emailed to Councillors for perusal on 26 & 27 September 2016 respectively. 114. Mr LAM Kin-man briefly introduced the content of the paper. He expressed regret that the DEVB and the FHB had failed to send their representatives to the meeting. Moreover, he showed discontent that the written response from the FSD pointed out that according to the record of the department, there was no requirement in respect of fire service installations and equipment on the Yau Ma Tei Fruit Market (YMTFM). He would like to know the reason.

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  • 115. Mr Andy YU quoted the written response from the FSD, and said that the FSD collected air samples around the fruit market and at three nearby primary schools after the fire. The examination results showed that there was no air contamination of asbestos dust. Starting from 19 September 2016, the EPD monitored the air quality of the three primary schools every school day, and reported to the schools the monitoring results. He would like to know the air quality monitoring results on the three primary schools on the day of this meeting. 116. Mr Benny YEUNG stated that in the capacity of Chairman of the Working Group on Concern for Yau Ma Tei Fruit Market (WGYMTFM), he was trying to consult Working Group Members whether they would submit discussion papers on the fire for discussion. As the issue of the fruit market was very complicated, involving rights of occupation, right of conduction of business, as well as the mode of operation, he appealed to Councillors to join the WGYMTFM to facilitate in-depth discussion on the issue. 117. Mr LAM Kin-man expressed indignation that the FSD had failed to send their representative to the meeting even though the fire on the fruit market was on the agenda. He also queried why there was no requirement in respect of fire service installations and equipment on the YMTFM. He said that he had raised a request in the discussion paper that the FSD immediately conduct a comprehensive review of the existing fire service equipment in the fruit market, and make improvement if necessary. However, no response had been made by the FSD. 118. Mr CHAN Siu-tong was of the view that, since there were few Members in the WGYMTFM, follow-up action by the working group would not be effective. He believed that the issue should be undertaken by the District Council Meeting, and that the item should remain on the agenda for further discussion at the next meeting. 119. Mr Andy YU recalled that at the meeting of the Yau Tsim Mong District Fire Safety Committee earlier on, he had mentioned the fire at the fruit market, and the representatives of the FSD had expressed that there was no fire service installations requirement on the fruit market. Moreover, He requested the EPD to provide written information on the air quality monitoring results on the three primary schools near the fruit market. 120. The Chairman suggested that a copy of the minutes of this meeting be sent to the relevant bureaux and government departments, so that they might provide a written response. 121. Mr WONG Kin-san said that the government departments had failed to send their representatives to the District Council meeting, not to mention a working group meeting. He further said that after the fire on Fa Yuen Street in November 2011, he had suggested the formation of a task force to follow-up on the matter. However, Mr Benny YEUNG and several then Councillors had been of the opinion that the matter should be discussed at the District Council meeting. However, in respect of this fire on the fruit market, Mr Benny YEUNG suggested that the matter be discussed and follow-up on by the relevant working group. He further stated that the YTMDC should express dissatisfaction and denouncement to the four bureaux and government departments which had failed to send their representatives to the meeting upon invitation.

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  • 122. Mr Benny YEUNG was of the opinion that the WGYMTFM was more capable of in-depth discussion on the issue. He appealed to Councillors to join the working group with a view to enhancing the representativeness of the working group, so as to make its work more fruitful. 123. The Vice-chairman expressed strong dissatisfaction and denouncement to the bureaux and government departments which had failed to send their representatives to the meeting. 124. Mr LAM Kin-man was doubtful about the true reason why these government departments had failed to send their representatives to the meeting. He requested the YTMDC to denounce the FSD, and demand an explanation from the FSD why it had failed to set down requirements in respect of fire service installations and equipment on the fruit market. 125. The Chairman consulted Councillors whether they agreed to denounce the DEVB, the FHB, the FSD and the EPD for failing to send their representatives to the meeting. No objection was raised by Councillors. 126. Mr CHAN Siu-tong stated that he had just spoken to suggest this item be further discussed at the next meeting. He believed that the YTMDC should continue to discuss this item, and demand the relevant bureaux and government departments to send their representatives to the next meeting to answer the questions raised by Councillors, subject to the wish of the two Councillors who submitted the paper. (Mr Benjamin CHOI left the meeting at 6:45 p.m.) 127. Mr Andy YU said both Mr LAM Kin-man and he suggested that the item be further discussed at the next meeting. 128. The Chairman consulted Councillors whether they agreed that the item should be further discussed at the next meeting. No objection was raised by Councillors. Item 17: Progress Reports

    (1) District Management Committee (YTMDC Paper No. 110/2016)

    (2) Community Building Committee (YTMDC Paper No. 111/2016)

    (3) District Facilities Management Committee (YTMDC Paper No. 112/2016)

    (4) Traffic, Transport and Housing Committee (YTMDC Paper No. 113/2016)

    (5) Food, Environmental Hygiene and Public Works Committee (YTMDC Paper No. 114/2016)

    (6) Working Group on Publicity and Promotion (YTMDC Paper No. 115/2016)

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  • (7) Working Group on Promotion of Tourism and Local Community Economy (YTMDC Paper No. 116/2016)

    (8) Working Group on Signature Project Scheme (YTMDC Paper No. 117/2016)

    (9) Working Group on Care for the Community (YTMDC Paper No. 118/2016)

    (10) YTM District Area Committees (YTMDC Paper No. 119/2016)

    129. Councillors noted the content of the progress reports. Item 18: Any Other Business

    (1) Standard Chartered Hong Kong Marathon 2017 District Councils Challenge Cup

    130. The Chairman enquired about the invitation of the Hong Kong Marathon 2017 Organising Committee for the participation of the YTMDC Team in the 18 Districts Challenge Run (literal translation). He asked whether Councillors agreed that the YTMDC Team should be formed to take part in the run. He invited nomination from Councillors for the post of team organiser and enrolment fee raiser, if a team was to be formed. 131. Mr CHUNG Chak-fai and Mr Craig JO indicated that they would like to take part in the run. Councillors agreed that Mr CHUNG Chak-fai should form the team for the 18 Districts Challenge Run of the Hong Kong Marathon 2017, and raise enrolment fee.

    (2) Invitation of the 51st Hong Kong Brands and Products Expo for Organisations from 18 Districts to Perform in the Expo

    132. The Chairman indicated that the Chinese Manufacturers Association of Hong Kong hoped that each of the 18 Districts would arrange for a local organisation from its district to perform at the Hong Kong Brands and Products Expo. A subsidy of $3,000 was offered to each of the performing organisations. He asked whether Councillors agreed that the YTMDC should assign a representative to follow-up on the relevant work. 133. Councillors agreed that Ms KWAN Sau-ling should be in charge of the liaison with local organisations and the follow-up work of the performance.

    (3) Green Stalls in Hong Kong Flower Show 2017 134. The Chairman said that the Secretariat had received a letter (Annex 6) from the LCSD on 27 September 2016, which was placed on the table for Councillors perusal. The LCSD was going to hold the Hong Kong Flower Show at the Victoria Park from 10 March 2017 to 19 March 2017. The Show Committee of the Hong Kong Flower Show invited the District Councils to take part in the Green Stalls activities of the Hong Kong Flower Show

    - 26 -

  • to help enhance public awareness of a green environment, and to introduce to public the green work of the District Councils at district level. He added that the YTMDC had also taken part in the Green Stalls activities, and allocated $8,000 for the event in 2016.

    135. The Chairman asked Councillors whether the YTMDC should join the Green Stallsactivities of the Hong Kong Flower Show 2017, and allocate $8,000 for the expenses involvedin the event. No objection was raised by Councillors. Moreover, Councillors agreed thatthe Chairman should once again be the contact person.

    136. There being no other business, the Chairman closed the meeting at 6:53 p.m. Thenext meeting would be held at 2:30 p.m. on 24 November 2016 (Thursday).

    Yau Tsim Mong District Council Secretariat October 2016

    - 27 -

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  • YTM_6th DC dd. 29.9.2016_e.pdfMinutes of the 6th Meeting ofPresent:Chairman


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