Replies to LegCo questions

LCQ4: Entry of FEHD staff into premises for law enforcement

Following is a question by the Hon Audrey Eu and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (November 9):

Question :

On August 30, this year, two health inspectors of the Food and Environmental Hygiene Department (FEHD) removed their uniform caps and epaulettes upon the request of the Hong Kong Disneyland (HKD) staff before entering HKD to perform their duties. On September 6, however, another health inspector rejected the same request when he performed duties at HKD, and reported the incident to his supervisor. In this connection, will the Government inform this Council of:

(a) the existing legislation which provides that it is unlawful for a person to refuse or obstruct the entry of FEHD staff into premises for law enforcement purposes; and the usual practice of FEHD staff in such circumstances;

(b) the details on how FEHD took the matter up with the HKD authorities after learning about the incidents and the follow-up actions taken; and

(c) whether the Administration has decided to initiate prosecution against the persons concerned, and the rationale for the decision?

Reply :

Madam President,

(a) Under section 126 of the Public Health and Municipal Services Ordinance (Cap. 132), authorized public officers (Health Inspectors are such authorized enforcement officers, among others, of FEHD) have a right to, on operational need, enter any premises where business is being carried on to perform their duties. Health Inspectors are empowered to enter restaurants for inspection by virtue of this Ordinance. According to our understanding, apart from the above incidents, there is no record of FEHD officers having been refused or obstructed by operators of licensed restaurants from entering the premises for executing their duties. If the enforcement officers of FEHD are refused admission to any premises by any person, they may apply for a court warrant authorizing them to enter the premises to perform their duties. In addition, under section 139 of the Ordinance, any person who willfully obstructs enforcement officers in the course of their duties shall be guilty of an offence.

(b) After learning about the incidents, the Director of Food and Environmental Hygiene (DFEH) wrote to the management of HKD on September 9, 2005 saying that he found these incidents unacceptable and expressed his grave concern, and also indicated that legal advice was being sought on whether the actions taken by the HKD staff concerned had contravened the Public Health and Municipal Services Ordinance. He also made it clear to the management of HKD the statutory duties of FEHD's enforcement officers in inspecting licensed food premises, and sought reassurance of the management of HKD that such incidents would not occur again in future.

Since these incidents, the enforcement officers of FEHD have conducted inspections to the food premises in HKD and have not encountered similar situations.

(c) The Director of Public Prosecutions has decided not to prosecute in respect of the incidents at HKD after a comprehensive review. He has explained the reasons in the attached letter of November 7, 2005 in response to an enquiry.





Ends/Wednesday, November 9, 2005
Issued at HKT 13:07

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Annex to LCQ4