Replies to LegCo questions
LCQ3: Cooked food hawker licences
Following is a question by the Hon Tommy Cheung and a reply by the Secretary for
Food and Health, Dr Ko Wing-man, in the Legislative Council today (March 22):
Question:
At present, the succession and transfer of various categories of hawker licences
are subject to stringent restrictions. It has been reported that a noodle shop,
which had been in operation for 31 years in the cooked food stalls (commonly
known as "cooked food kiosks") in Kwong Fuk Estate, had to close down
temporarily last month because, inter alia, the hawker licence concerned could
not be immediately succeeded by the son of the deceased licensee. This case has
aroused public concern over the prospect of cooked food hawkers and the gradual
disappearance of such category of stalls with special characteristics, which
mainly serve residents in the neighbourhood. In this connection, will the
Government inform this Council:
(1) of the current number of cooked food or light refreshment hawker licences
issued; whether the authorities will relax the relevant requirements to grant,
apart from the spouse of a licensee, other immediate family members and the
business partner(s) of a licensee the right to succeed and to be transferred
such category of licences so that such stalls can continue to operate in-situ;
if so, of the details; if not, the reasons for that;
(2) of the respective current numbers of vacant stalls in various cooked food
hawker bazaars and cooked food kiosks; whether the authorities will consider
renovating and consolidating the long-standing vacant stalls among these stalls,
as well as identifying other sites for setting up new stalls, for bidding by
people who start up small businesses, and providing them with support; if so, of
the details; if not, the reasons for that; and
(3) whether the authorities will (i) formulate a long-term development policy
for cooked food hawker bazaars, cooked food kiosks and on‑street hawker stalls
by making reference to overseas experience and adopting the perspective of a
facilitator and not a regulator, (ii) revamp such stalls by allocating
resources, employing new technology and adopting the design principles which aim
at making such stalls aesthetic, safe, hygienic, environment-friendly and
functional, and (iii) launch overseas publicity and promotional campaigns to
attract tourists to patronise such stalls; if so, of the details; if not, the
reasons for that?
Reply:
President,
The cooked food hawker licences issued by the Food and Environmental Hygiene
Department (FEHD) are officially known as the Fixed-Pitch (Cooked Food or Light
Refreshment) Hawker Licences, which are divided into three categories according
to the locations of the cooked food stalls. The first category relates to
on-street cooked food stalls (commonly known as "Dai Pai Dong"). The second
category relates to stalls located in cooked food hawker bazaars (CFHBs) while
the third one has to do with stalls located in public housing estates (commonly
known as a "cooked food kiosk"), some of which are managed by the Housing
Department (HD) and some by private owners. Unlike applicants for the first and
second categories of cooked food hawker licences, applicants for licences in
respect of stalls in "cooked food kiosks" are required to sign a tenancy
agreement with the owner for the stall concerned prior to FEHD's issuance of a
hawker licence for operating the stall in a "cooked food kiosk". According to
FEHD's understanding, after the licensee concerned in the "cooked food kiosk" in
Kwong Fuk Estate of Tai Po passed away, the family member(s) of the licensee did
not reach an agreement with the owner concerned on the tenancy of the stall and
decided to cease the business as a result.
My reply to the various parts of the question is as follows.
(1) As at the end of 2016, a total of 161 Fixed-Pitch (Cooked Food or Light
Refreshment) Hawker Licences were issued by FEHD.
Since 1972, under normal circumstances, the Government has stopped issuing new
hawker licences including Fixed-Pitch (Cooked Food or Light Refreshment) Hawker
Licences.
If a Fixed-Pitch (Cooked Food or Light Refreshment) Hawker Licence was issued
before May 21, 2010, the licensee's spouse will be allowed to apply for
succession or transfer of the licence when the licensee cannot continue to
operate his or her business on grounds of death, old age or other reasons.
As for "Dai Pai Dongs", if a "Dai Pai Dong" is to be closed down because of the
licensee's death, old age or other reasons, under the condition that the
licensee's spouse gives up applying for succession or transfer of the licence,
and that other immediate family members (i.e. parents or children) or other
interested operators with genuine grounds apply for succession or transfer of
the licence, FEHD will consider allowing the succession or transfer arrangements
if the relevant District Council (DC) supports the continuation of that "Dai Pai
Dong"'s operation in situ.
As regards a "cooked food kiosk", if the person concerned has signed a tenancy
agreement in respect of the stall with the owner and is eligible for applying
for a Fixed-Pitch (Cooked Food or Light Refreshment) Hawker Licence, in general,
FEHD will issue a new licence to that person to operate at the relevant stall.
Given possible obstruction and environmental hygiene problems caused to the
neighbourhood, on-street hawking activities have been consistently discouraged.
Coupling with the well-developed retail trade and the change in shopping habits
of the general public nowadays, FEHD has followed the said principle to
implement the related policies. With effect from May 21, 2010, for all newly
issued hawker licences, no succession or transfer arrangement is allowed.
(2) and (3) As at the end of 2016, there are 75 vacant fixed pitches in the
CFHBs managed by FEHD and no vacant stalls in "Dai Pai Dongs". As for HD's six
housing estates with "cooked food kiosks", open tender exercises are being
conducted for three vacant stalls in one estate. In another housing estate, its
"cooked food kiosk" is vacant in preparation for redevelopment.
CFHBs under FEHD are meant to serve as a transitional arrangement and hence are
not built in the first place for long-term use. The Audit Commission and the
Public Accounts Committee made recommendations in April and July 2015
respectively regarding the management of FEHD's public cooked food markets,
including formulating exit plans for CFHBs with high vacancy rates for releasing
land for redevelopment. Between 2015 and 2016, FEHD has closed three CFHBs. FEHD
will continue to follow up the formulation of exit plans for CFHBs with high
vacancy rates, having regard to their business viability, the needs of the
community, resource availability and competing priorities. For individual CFHBs
with business viability, FEHD will arrange refurbishment works to improve their
operating environment.
Regarding the refurbishment and consolidation of "Dai Pai Dongs", the Central
and Western DC (C&WDC) supported in 2010 all the 10 applications of transfer of
licences to licensees’ children, on condition that applicants met the
requirements stipulated by FEHD, which included proper disposal of sewage,
suitable power and mains water supply, and fuel etc. Besides, the Drainage
Services Department installed sewer manholes connecting to underground sewers
for each "Dai Pai Dong", and the Highways Department conducted resurfacing
works.
For the "cooked food kiosks" under HD, HD advises that the relevant
refurbishment works were completed in 2013. Repair and maintenance works will
continue to be conducted according to actual needs.
The Subcommittee on Hawker Policy under the Legislative Council Panel on Food
Safety and Environmental Hygiene was established in 2014-15 to review hawker
policy. We have followed up the recommendations made by the Subcommittee,
including:
(i) continuing to implement the assistance scheme for fixed-pitch hawker areas
to minimise the fire risks and improve the outlook of fixed pitch areas. We will
also review whether or not to issue new on-street hawker pitch licences;
(ii) consulting DCs on matters related to issuing licences to tradesmen with
characteristics reminiscent of our local culture and heritage. Examples include
cobblers, watch repairers and Chinese facial cosmeticians, etc.;
(iii) subject to the support of the relevant DCs, the Government may consider
issuing new "Dai Pai Dong" licences on a pilot basis. The Government will review
the licensing conditions according to the review on the effectiveness of the
pilot cases and the public's views, including the views of the relevant DCs;
(iv) we are considering converting one existing public market with relatively
low let-out rate into an off-street cooked food centre on a pilot basis; and
(v) the Government adopts a positive attitude towards specific proposals on
bazaars put by individuals/organisations in the community. If the relevant
bodies have secured suitable sites and obtained support from the relevant
community and DCs, and provided that public order and safety, food safety and
environmental hygiene are upheld, public passageways are not obstructed, we
stand ready to facilitate liaison with relevant Government Bureaux and
Departments regarding the use of the sites.
The Government has been promoting through the Hong Kong Tourism Board (HKTB)
local delicacies to visitors and international media via various channels. The
HKTB will continue with its work in this regard. If there are new features with
merit for tourism promotion introduced to "Dai Pai Dongs" or cooked food centres,
the HKTB will promote these eateries to the visitors.
Ends/Wednesday, March 22, 2017
Issued at HKT 16:48
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