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Citing loopholes, officials ponder tighter laws for offenders

The government is considering refusing full licences to restaurants with a record of illegal operation, after 10 restaurants were found to be operating without a licence in Langham Place, Mongkok.

Loopholes in regulations meant the Food and Environmental Hygiene Department could not force restaurants operating without a licence to close, the department's director, Gregory Leung Wing-lup,  said yesterday.

'The existing law is not strict enough, as we cannot order these restaurants to stop doing business at once,' he told a radio programme. 'They can still operate even after being found operating without a licence. We can only apply for an injunction to order them to close, but it takes time.

'We are thinking about tightening the law. When approving a licence, we might also consider whether a restaurant has a record of illegal operation or convictions.'

It is common practice for restaurants to open while awaiting approval of their licence.

Under the present law, the department has to first apply for an injunction to close a restaurant operating without a licence. A restaurant can still get a full licence if it later satisfies all criteria,  even if it has been prosecuted many times.

About 10 out of 35 restaurants at the newly opened Langham Place have been operating without a  licence. Three restaurants were granted full licences yesterday.

Shanghai Kitchen, the source of a recent food poisoning outbreak, had opened without a licence for six days before it was ordered to close because of the problem. Some poisoning cases were reported during the period.

Other restaurants that  operated without a licence include Starbucks Coffee, Pacific Coffee, Italian Tomato Cafe and Curry-in-a-Hurry. A total of 10 restaurants were prosecuted earlier for illegal operation. Some were doing business as usual yesterday.

The maximum penalty for operating a restaurant without a licence is $50,000, six months' jail and a daily fine of $900.

Meanwhile, a health department spokesman said 13 more food poisoning cases related to Shanghai Kitchen had been reported, bringing the total to 167 yesterday.

Hong Kong Catering Industry Association president Thomas Woo Chu urged the government to shorten the time  to issue a licence.

'At present it takes about a year for a restaurant to get a provisional licence,' he said. 'Restaurant owners are burdened with operation costs such as salaries and rent. So many restaurants take the risk of operating without a licence.'

Legislator Fred Li Wah-ming said more inspections should be conducted and fines should be increased to safeguard public health.

'Licensing policy must be strictly observed,' he said. 'Restaurant staff must attend training. Thorough inspection should be carried out within three days after a restaurant has been granted a licence.'



Eateries with a record may not get licence