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Government upholds principles of fairness and impartiality in handling relocation of Yen Chow Street Temporary Hawker Bazaar

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In response to media enquiries on the protest staged by the unlicensed operators of Yen Chow Street Temporary Hawker Bazaar today (October 14), a spokesman for the Food and Health Bureau (FHB) solemnly stated the following:

"The Government has been upholding the principles of fairness and impartiality when processing the relocation of Yen Chow Street Temporary Hawker Bazaar, in a bid to ensure proper use of public fund and resources as well as protect long-term public interest.

In dealing with the unlicensed operators in the bazaar, the Government registered bona fide operators, not their relatives or assistants. As to the 17 persons concerned, most of them are only relatives, friends or assistants of other operators, the relationship of many is spouses, children or in-laws. Hence, the Government cannot regard them as operators. Nevertheless, the Food and Environmental Hygiene Department (FEHD) has stringently studied and verified the information provided by the 17 persons, including contacting business operators with whom they claimed to have business relationship, and confirmed that there is no credible information or evidence to prove that they have bona fide operated independently at the bazaar for a long period. As such, the department cannot treat them like the other 33 registered unlicensed operators.

The relocation exercise will not affect the current employment and working relationship of the 17 persons. They can continue to work as the assistants of their relatives or concerned vendors after the relevant licensed operators or registered unlicensed operators have been relocated. If they want to start their business, they can choose to participate in the open bidding exercise for a tenancy agreement of other fabric stalls at Tung Chau Street Temporary Market, competing with other members of the public who are interested in joining the fabric trade in an impartial, open and fair manner.

The FEHD has come up with the conclusion that 17 persons are not eligible for relocation after spending considerable time to conduct prudent investigations. If these people are of the view that they have supplementary information, they should have submitted the information to the FEHD before the deadline for verification. In no way should they use other means to demand the Government to bundle the operators eligible for relocation together with the ineligible ones and unjustly arrange relocation for them altogether. This is an unreasonable demand deemed to be unacceptable to the general public.

On the rental issue, the Government regards the rental value of stalls of Tung Chau Street Temporary Market reasonable. With the factor of customer flow taken into consideration, the current rental value is set at a level lower than the bidding prices or current rental value of the stalls operating similar businesses in the FEHD's public markets in Kowloon or the New Territories.

Besides, it is not appropriate to make direct comparison between the relocation of the fabric bazaar and the establishment of bazaars. On proposals to establish bazaars in various districts, the Government has all along been keeping an open mind with positive attitude. The Government has handled the relocation of fabric bazaar in a just manner basing on the information provided by the stakeholders. All arrangements are made according to the principle of reasonableness. Those who are not qualified for relocation and their supporters should not ignore the facts and allege the Government for not having any intention to establish bazaars simply because they are not offered relocation.

The Secretary for Food and Health, Dr Ko Wing-man, regrets that some people have made unreasonable criticisms and allegations. He reiterated that the Government is firm in handling each and every case in accordance with the law and would not compromise any right judgement due to pressure. Neither would it influence the FEHD in performing public duties in a fair and impartial manner according to the department’s established procedures because of unreasonable demands from others. It is also not appropriate for him to meet those who have put forward such demands.

The FEHD staff will continue to handle the relocation issue dutifully in a reasonable and orderly manner.

Ends/Friday, October 14, 2016
Issued at HKT 23:30
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12 Apr 2019