Replies to LegCo questions
LCQ21: Fixed-pitch hawker licences
Following is a question by the Hon Hui Chi-fung and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today
(March 22):
Question:
Regarding issues relating to fixed-pitch hawker licences (hawker licences), will
the Government inform this Council of:
(1) the annual changes in the number of hawker licences in the past five years,
with a breakdown by District Council district;
(2) the number of hawker licences surrendered in the past five years, with a
breakdown by District Council district;
(3) the respective numbers of new licences issued, in the past five years by the
Food and Environmental Hygiene Department (FEHD) in relation to the fixed hawker
pitches left vacant upon surrender of hawker licences by the licensees, to their
assistants and other persons;
(4) the number of appeals lodged against the rejection of applications for
succession or transfer of hawker licences, which were handled by the Licensing
Appeals Board in the past five years; the number of successful cases among those
appeals; and
(5) the criteria adopted by FEHD for considering the issuance of new hawker
licences?
Reply:
President,
It has been the Government's policy since the early 1970s that normally no new
hawker licences should be issued and that on-street licensed hawkers should be
put into public market buildings or off-street hawker bazaars as far as
practicable so as to reduce street obstruction, environmental nuisance to the
residents living nearby or even hazards relating to hygiene and fire risks. The
Food and Environmental Hygiene Department (FEHD) has continued to pursue the
above policies on hawker control and licensing since its establishment in 2000.
The Government reviewed the hawker licensing policy in 2008-2009. The scope of
the review covered examination of the feasibility of re-issuing new hawker
licences, relaxation of the requirements for succession and transfer of hawker
licences, and ways to strengthen the role of District Councils (DCs) in hawker
licensing and management. Subsequent to the review, the Government implemented
various measures, including re-issuing more than 200 fixed-pitch hawker licences
in the light of the vacancy situation in individual fixed pitches. These
licensees included the then-employed registered assistants who had experience in
running hawker business and other eligible members of the public. No succession
and transfer will be allowed under the licencing conditions for these newly
issued hawker licenses.
In addition, to improve the fire resistance capability and design of hawker
stalls, the Government rolled out in June 2013 a five-year assistance scheme for
licensed hawkers operating in the 43 fixed-pitch hawker areas (the Hawker
Assistance Scheme (HAS)), involving a funding allocation of $230 million.
Financial assistance would be given to the relevant licensed hawkers for stall
reconstruction and relocation, and a one-off ex gratia payment would be offered
for surrendering their licences.
My reply to the various parts of the question is as follows:
(1) The numbers of fixed-pitch hawker licences in each of the past five years
(i.e. from 2012 to 2016) with breakdown by districts are listed in Annex 1.
(2) The numbers of voluntary surrender of fixed-pitch hawker licences in each of
the past five years (i.e. from 2012 to 2016) with breakdown by districts are
listed in Annex 2.
(3) In the past five years, there was no succession by registered assistants nor
issue of new hawker licences to members of the public after the voluntary
surrender of hawker licences.
(4) From 2012 to 2016, the Licensing Appeals Board handled a total of 14 cases
concerning succession and transfer of hawker licenses. Among those appeals, four
were allowed and five were allowed subject to conditions.
(5) The HAS will end in June 2018. Before and after the end of the HAS, FEHD
will take into account the circumstances of individual hawker areas, including
their fire safety and environmental hygiene situations, the business
environment, comments of relevant Government departments, as well as the views
of the relevant District Council and local residents to carefully decide whether
or not to issue new hawker licences so as to fill up the hawker areas where
there are vacant pitches that may be re-used.
Ends/Wednesday, March 22, 2017
Issued at HKT 19:25
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LCQ21 Annex 1
LCQ21 Annex 2