Replies to LegCo questions

LCQ22: Establishment of bazaars

Following is a question by the Hon Wu Chi-wai and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (June 22):

Question:

Some public rental housing (PRH) residents have relayed to me that the markets in certain districts are all under the Link Asset Management Limited (the Link), and the rentals of market stalls under the Link are higher than those of market stalls under the Food and Environmental Hygiene Department (FEHD) or the Housing Department (HD). As a result, prices for the goods sold at the former are higher, thus posing a heavy financial burden on the residents. In April this year, the Secretary for Food and Health (SFH) indicated at a special meeting of the Finance Committee of this Council that if members of the public had difficulties in buying groceries within the districts they live, the authorities would be most willing to explore the setting up of bazaars to help the residents. I have learnt that regular farmers' markets have now been set up in districts such as Central, Tai Po, etc., but the applications made by some organisations recently for renting public places in PRH estates for setting up bazaars have been rejected. In this connection, will the Government inform this Council:

(1) whether it has compiled statistics on the development of farmers' markets and other bazaars; if it has, of the details (including the dates, organisers, venues and forms) of the farmers' markets and other bazaars set up on government sites in the past three years;

(2) of the number of applications for setting up bazaars received by various government departments in each of the past five years and, among them, the respective numbers of those which were approved, rejected, and are still being processed;

(3) regarding applications for setting up bazaars on sites under the management of government departments such as HD, the Leisure and Cultural Services Department (LCSD) and the Lands Department (LandsD), whether there is currently any mechanism for consulting residents in the vicinity and addressing their views; whether the various bureaux or government departments concerned will carry out relevant studies in the light of the SFH's indication of the authorities' willingness to develop bazaars; if they will, of the details; and the expected timetable for rolling out the relevant policy;

(4) given that the setting up of privately-run bazaars in public places are subject to approval and/or granting of licences by the government departments concerned (e.g. HD, FEHD, LandsD, District Offices, LCSD and the Transport Department), and that SFH has indicated the authorities' willingness to explore the setting up of bazaars to help residents, whether the various government departments concerned will review the criteria adopted for vetting and approving applications for setting up bazaars and explore ways to streamline the vetting and approval procedure; if they will, of the details; if not, the reasons for that;

(5) whether the authorities will approve in general the setting up on government sites of bazaars that mainly sell wet goods such as seafood, fresh meat, etc.; if they will not, of the reasons for that, and whether the authorities will consider relaxing such restriction; and

(6) of the mechanism currently adopted by HD for vetting and approving applications for setting up bazaars in public places in PRH estates, and whether HD will publish information (e.g. location and size) of the public places available for application; if HD will, of the details; if not, the reasons for that?

Reply:

President,

The Government keeps an open mind towards proposals for the establishment of bazaars, and considers the district-led approach desirable. The Government will render assistance to development proposals as long as they will not jeopardise food safety and environmental hygiene or obstruct public access, and provided that suitable sites can be identified by the organisations concerned and that support from local communities and respective district councils (DCs) is obtained.

My reply to the various parts of the question is as follows:

(1) Based on information compiled by the Agriculture, Fisheries and Conservation Department, we have listed in Annex 1 the farmers' markets that are regularly held in the past three years. In March 2015, the Food and Health Bureau (FHB) presented proposals to the Subcommittee on Hawker Policy of the Legislative Council. One of them covered the setting up of district-led bazaars. Annex 2 gives information about the bazaars organised thereafter by various organisations.

(2) For district-led bazaars, since March last year, the Government has not rejected any application. Several bazaar proposals were received in November last year. FHB had written to the DC Chairmen concerned, seeking their assistance in putting the proposals before the DCs for discussion.

With the support of the Sham Shui Po DC, an organisation sought the requisite Temporary Places of Public Entertainment Licence (TPPE) for organising a bazaar in Kiu Kiang Street in Sham Shui Po from June to October 2016. The concerned Government departments did not raise any objection to the application. The Food and Environmental Hygiene Department (FEHD) issued the "letter of requirements" to the applicant on June 7. As and when compliance with all licensing requirements is confirmed, FEHD will issue the requisite licence.

Separately, the Island DC has formed a working group on promotion of bazaar development, which has since April this year held two meetings. We will keep in touch with the DCs concerned to take forward the proposals.

(3), (4) and (6) If a bazaar proposal requires vetting on the part of FEHD or the issue of any licence, FEHD will consult the relevant departments according to the established mechanism.

The Housing Department receives applications from community organisations for holding different activities in public rental housing (PRH) estates under the Housing Authority (HA) from time to time. Interested organisations may submit their applications to the respective estate management offices. Such activities shall not involve commercial element. The estate management offices will process the applications in accordance with the established procedures and requirements. In addition, venues in designated shopping centres and PRH estates under HA are also available for letting out at a fee to interested parties for holding short-term promotional and sales activities.

Regarding any proposals to set up bazaars in open areas in PRH estates, HA will consider the need and circumstances of the estates concerned, in accordance with the Government's policy and established arrangement on the setting up of bazaars. At the same time, HA has to carefully examine the impact of such proposals on individual estates, with regard to the actual circumstances. Generally speaking, PRH estates are densely populated. Open spaces on the ground level are often used for public passage, sitting-out areas or public spaces for residents' use. HA has to thoroughly consider residents' need for public spaces, as well as the views of residents, other stakeholders and the local community on the change in its use. At the same time, HA also needs to consider whether the proposals would cause environmental hygiene problems, obstruction of public passages, nuisances to residents and illegal hawking activities, etc. Furthermore, some PRH estates are located on land lots subject to land leases. Given the restrictions on floor areas and land use, approval from the Lands Department and consent from other owners may be required for the implementation of such proposals.

(5) Under the Food Business Regulation (Cap 132X) (Regulation), a fresh provision shop licence must be obtained from FEHD for the food business which involves the sale of fresh, chilled or frozen beef, mutton, pork or fish (including live fish) etc. Upon receipt of an application, FEHD will refer the application to departments concerned for comments with a view to ensuring that the application is in compliance with, among others, Government lease conditions, statutory plan restrictions, building safety and health standards. If no objection to the application is raised by the concerned departments, FEHD will issue a letter containing licensing requirements to the applicant for compliance. As and when full compliance with the licensing requirements is confirmed, FEHD will issue the licence to the applicant. The objective of issuing fresh provision shop licences is to ensure maintenance of a good standard of hygiene at the premises concerned and the wholesomeness of the food supplied therefrom.

Licensees of food business must observe the relevant statutory requirements. For example, under the Regulation, no person shall for the purpose of any food business use, or cause, suffer or permit to be used, any yard, alley, street, open space, roof top or open deck space for the preparation or storage of open food or for the washing, cleansing or storage of any equipment or utensil used in the preparation or service of food.

FEHD keeps an open mind towards the food business licence applications submitted by bazaar organisers. So long as the proposed selling activities could satisfy the relevant requirements on food safety and environmental hygiene, FEHD stands ready to explore the feasibility of the proposals.

Ends/Wednesday, June 22, 2016
Issued at HKT 19:56

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LCQ22 Annex 1
LCQ22 Annex 2