bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

hooksAmpRedirectArticle

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

authorLocations

authors

paywallTypes

corrections

sponsorType

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

pdfFiles

seriesReverseOrder

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

readingTime

customTimezone

liveContents

Shirley Zhao

The Ombudsman has accused the government of failing to crack down on restaurants operating illegally in industrial buildings, and turning a blind eye to potentially disastrous fire and hygiene risks.
The watchdog’s latest report, released Thursday, said many eateries in industrial buildings were operating with a factory canteen licence, which allows for more relaxed hygienic requirements.
Such businesses also avoid paying premiums to the government for the added value that their property attracts after changing land use to accommodate commercial operations.
10 laws that are broken in Hong Kong every day

Holders of a factory canteen licence are only allowed to serve factory employees. They are also forbidden from having an entrance or exit leading to a public road, displaying promotional material, or having transparent external walls, such as glass windows.
“Nevertheless, in recent years, many factory canteens also serve public customers in a high-profile manner,” Ombudsman Connie Lau Yin-hing said.
“It is very doubtful whether the facilities for fire safety and food hygiene of such canteens are suitable for serving public customers. Past incidents have shown that a fire outbreak in an industrial building could bring disastrous consequences.”
Closing time: how Hong Kong’s hawkers face a struggle to survive
In one case, a canteen in a factory building had been serving non-factory workers for more than 30 years, using the fire escape for customer access and displaying a promotional signboard.
It is very doubtful whether the facilities for fire safety and food hygiene of such canteens are suitable for serving public customers.
Ombudsman Connie Lau Yin-hing
Food and Environmental Hygiene Department officers failed to gather evidence against the eatery after all customers claimed to be employees of the building.
And although the restaurant breached land lease conditions, the Lands Department refrained from enforcement actions because it was located in a shared area, which would have concerned the building’s 104 owners.
In another case, 15 restaurants were found operating in a single industrial building, serving the public multiple cuisines, selling alcohol, providing a children’s menu and even cooking classes.
Hong Kong restaurant fined for serving abalone fried rice with the wrong mollusc to save on costs
The FEHD said it had prosecuted the restaurants, however, the Lands Department said it was not a priority because there was no hazardous storage.
There were 471 factory canteen licence holders across Hong Kong, according to the Ombusman’s report. However, between 2012 and 2015, the FEHD only issued one verbal warning for a breach of licence conditions.
Lau called for a review the factory canteen licensing system, which was set up in 1980.
“We welcome the government to introduce new policies to ensure that these restaurants operate in accordance with public safety and land premium requirements,” Lau said.
An FEHD spokeswoman agreed with the Ombudsman’s findings and said it would comprehensively review its licensing system. She added that between April 2016 and March this year, the department prosecuted 31 factory canteens for commercial operation.
A Lands Department spokeswoman said it would review its factory canteen waiver system and look at whether it needed to charge a premium.
If a restaurant is found to have breached land lease conditions in an industrial building with hazardous storage, she said the department would order the relevant property owner to correct the situation within 14 days or be forced to surrender the land.
Alternatively, if the involved building did not have hazardous storage, she said the owner needed to make corrections within 28 days, or the department would register the breach with the Land Registry, which would lead to a decrease in property value.


Watchdog grills Hong Kong authorities for failing to act on restaurants operating illegally in industrial buildings

A canteen inside an industrial building in Tsuen Wan. Photo: Nora Tam

Ombudsman Connie Lau Yin-hing attends a press gathering at Sheung Wan. 12JUL16 SCMP/Paul Yeung

News

Hong Kong

Education

There are more than 470 factory canteen licence holders in the city, but only one verbal warning was issued between 2012 and 2015 for breaches of conditions
