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Following is a question by the Hon Tommy Cheung and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (May 8):
Question:
I have often received complaints from members of the bar industry that members of the public often wrongly put the blame on them for the nuisance caused by unlicensed bars, which is unfair to them. They have pointed out that unlicensed bars have become the hotbed for serious criminal activities such as selling liquor without a licence, drug trafficking, drug abuse and substance abuse. However, as the Police need to apply for warrants before they may enter unlicensed bars operated in private premises to conduct investigation, the successful rate in cracking down on the unlicensed bars has been extremely low. In this connection, will the Government inform this Council:
(a) whether the authorities have estimated the current number of unlicensed bars in Hong Kong; if they have, of the number, together with a breakdown by district; if not, whether they will do so in order to facilitate the planning of combat operations;
(b) of the respective numbers of reports received about and combat operations mounted against unlicensed bar operations by the Police, as well as the respective numbers of people arrested in those operations and prosecuted subsequently, in each of the past three years;
(c) whether the authorities have conducted studies to see if the number of unlicensed bars has been rising continuously and the situation is aggravating; if the findings of the studies are in the affirmative, of the details and the reasons for that; if the authorities have not conducted such studies, whether they will do so in order to find an appropriate solution to the problem;
(d) of the policies and measures put in place by the authorities to combat the operation of unlicensed bars; and
(e) whether the Police will strengthen their intelligence work focusing on unlicensed bars, including enhancing the cooperation and liaison with social workers who counsel young people or with members of the bar industry, and holding regular meetings with them, so as to facilitate communication and intelligence gathering; if they will, of the details; if not, the reasons for that?
Reply:
President,
As in other cosmopolitan cities in the world, liquor business plays an important role in the catering, hospitality, tourism and entertainment industries in Hong Kong. However, intoxicating liquor may affect people's judgement. Places where drinkers gather are prone to be associated with crimes and nuisances. The Government has been regulating the operation of liquor-licensed premises via a licensing mechanism, which allows the operation of liquor-licensed premises only under the management of an eligible licensee on suitable premises, without jeopardising public interest. As of March 31, 2013, there are 6 265 licensed premises that may supply liquor for customers' consumption on the premises.
Regulation 25A of the Dutiable Commodities (Liquor) Regulations stipulates that the sale of liquor is prohibited except on the authority of a liquor licence or a temporary liquor licence at any premises for consumption on those premises, a place of public entertainment or a public occasion for consumption on at the place or occasion. Regulation 32 of the same also provides that if a Police officer finds any person drinking intoxicating liquor in any premises or place in which such liquor is sold by retail, and a liquor licence or a temporary liquor licence in respect of such premises or place is not, on demand, produced to him, the Police officer may arrest any person found drinking therein. If such a place is in fact unlicensed, the person in charge of the premises or place shall be guilty of violating the relevant licensing requirement for liquor selling under Regulation 17(3B) of the Dutiable Commodities Ordinance, and may be subject to prosecution. Upon conviction, he would be liable to a maximum penalty of $1 million in fine and imprisonment for two years.
Our reply to the five parts of the question is as follows:
(a) We do not keep figures on the number of establishments selling liquor without a licence. Should any unlicensed drinking establishment come to light, the Police will take immediate enforcement actions.
(b) We do not keep complaint figures about premises selling liquor without a licence.
Figures on the handling and enforcement operations conducted by the Police against establishments selling liquor without a licence in the past three years are listed below:
2010 2011 2012
Operations against Premises
Selling Liquor without a Licence 251 326 212
Persons Arrested for Selling
Liquor without a Licence 89 70 187
Persons Prosecuted for Selling
Liquor without a Licence 50 60 81
Considering the potential threat to public order, public safety and public interest posed by premises selling liquor without a licence, the Police adopt a zero-tolerance policy against these premises. The Police will take immediate and appropriate enforcement actions as and when irregularity is found.
(c) & (d) The Government is not pursuing any study concerning establishments selling liquor without a licence at the moment. The present focus of our work lies in regulating liquor-licensed premises through the existing licensing mechanism as prescribed in law, whilst the Police is vigorously engaged in gathering intelligence and taking enforcement actions against illicit activities involving the selling of liquor without a licence.
(e) The Police adopt an intelligence-led approach in combating the selling of liquor without a licence. Individual Police Districts will maintain close liaison with liquor-licensed premises and may organise seminars with them for the purpose of facilitating communication and cooperation.
Ends/Wednesday, May 8, 2013
Issued at HKT 16:09
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