Legislative Council

Panel on Health Services, Panel on Environmental Affairs, and
Panel on Constitutional Affairs
(meeting of 12 March 1999)

Update on the Administration's Response to
Recommendations in the Consultancy Report
on Food Safety and Environmental Hygiene

At the joint Panel meeting of 8 February, Members asked for an information paper setting out in tabular form the Administration's decisions on the recommendations in the Consultancy Report on Food Safety and Environmental Hygiene.

2. Members were informed of the Administration's initial responses to the Consultant's main recommendations at the meeting of 14 December 1998. A table reporting the Administration's latest position concerning these recommendations is attached.



CONSTITUTIONAL AFFAIRS BUREAU
1 March 1999


PMSGS4



Consultancy Study on Food Safety and Environmental Hygiene Services :
The Administration's Responses
(Position as at 28 February 1999)

Consultant's Main Recommendation Administration's Initial Response
(December 1998) 		Latest Positionas
at 28 Feb 1999
I. A New Bureau for the Environment and Food




  • A new policy bureau, to be known as "the Environment and
    Food Bureau", led
    by the "Secretary for the
    Environment and Food"
    , should be
    set up. (7.05)*
  • Accepted in principle.
  • Accepted.



  • The new Bureau will oversee the new Department of Food and Environmental Hygiene, the Environmental Protection Department, and Agriculture and Fisheries Department. (7.05-7.06)
  • Accepted in principle.
  • Accepted.



  • A Proposed Organisation Chart together with an outline of the responsibilities of the new Bureau is recommended. (Appendix 6)
  • The proposed organisational structure and staffing will have to be further studied by the Task Force. Our aim is to ensure that the Bureau structure is adequate to provide better policy advice, direction and co-ordination. Any changes to the organisational structure of Government or the approved establishment ceiling, and any creation and redeployment of directorate posts will be subject to the approval of the LegCo Finance Committee in due course.
  • Details of the organisational structure and staffing are being studied.



  • A priority task for the Environment and Food Bureau is to facilitate policy consideration of the integration of waste collection and waste disposal functions. (7.08)
  • The integration of waste management functions will be considered by the Task Force and Planning, Environmental and Lands Bureau (PELB) in the context of the Waste Reduction Framework Plan and will be taken forward under the policy direction of the new Bureau.
  • Accepted. Will be pursued when the new Bureau is established.



II. A New Department of Food and Environmental Hygiene




A. Structure and Functions

  • A new Department of Food and Environmental Hygiene
    is
    recommended to be set up from
    1 January 2000. (4.04)
  • Accepted.
  • Accepted.



  • The new Department will comprise the Environmental Hygiene Branch, the Food and Public Health Branch, the Veterinary Public Health Division, and the Administration Branch. (4.04)
  • Accepted in principle.
  • Accepted.



  • A Proposed Organisation Chart of the new Department, outlining its key functions and responsibilities, is recommended. (4.05 and Appendix 5)
  • The proposed organisational structure and staffing (including the ranks and grades of the senior management in the proposed organisational charts), departmental name, and location will have to be further studied by the Task Force. Our aim is to ensure that the structure will provide better services in food and environmental hygiene and efficient co-ordination and prompt response to food incidents. Any changes to the organsiational structure of Government or the approved establishment ceiling, and any creation and redeployment of directorate posts will be subject to the approval of the LegCo Finance Committee in due course.
  • Details of the organisational structure and staffing are being studied. Opportunities for further streamlining is being considered.



B. Staffing: General




  • It is estimated that there will be about 18,000 staff, of which 17,500 will come from Urban Services Department (USD) and Regional Services Department (RSD). 270 posts from the Department of Health (DH) and 131 posts from the Agriculture and Fisheries Department (AFD) are to be transferred to the new Department. (11.25, 11.31-11.32 and Appendices 7(d) and 7(e))
  • We will have due regard to the legitimate interests and concerns of the affected staff. The relevant staff will be briefed on the restructuring.
  • The detailed staffing arrange-ments are being studied. The relevant staff representatives have been briefed on the restructuring after the publication of the Consultant's report.



  • A total of 149 posts in all grades are to be deleted from the USD/RSD establishments while 46 new posts are required for the new Department and the new Bureau. The net savings in staff costs is some $28 million per annum, excluding any further streamlining which the Task Force or the Administration may introduce later. (11.24, 11.30 and Appendices 7(a) and 7(c))
  • Same as above.
  • Same as above.



  • The Task Force should split the staff providing common services to Environmental Hygiene, Culture, Leisure Services and Administration, when the future organisation for culture and leisure services emerges, taking into account any streamlining which it may find necessary. (11.26)
  • Same as above.
  • We will consider the staffing arrangements taking into account the recommendations in the consultancy report on culture and leisure services, which will be published in March 1999.



C. Food and Public Health Branch




  • The Food and Public Health Branch of the new Department will be led by a medically qualified Deputy Director, underpinned by a Consultant (Community Medicine) and an Assistant Director of Health. (5.01-5.08)
  • Accepted in principle.
  • Accepted.
  • A number of Senior Medical and Health Officer and Medical and Health Officer posts are included based on functional need, and to provide opportunities for young doctors to train as specialists in Community Medicine. (5.10)
  • Accepted in principle.
  • The staffing requirements are being studied, in consultation with Department of Health.



D. Veterinary Public Health Division




  • All the current functions performed by the AFD relating to poultry inspection and control, food animals quarantine and health checks, farm hygiene inspections etc. should be transferred, with relevant staff, to the new Department's Veterinary Public Health division. (6.06 -6.07)
  • Accepted in principle.
  • Accepted. The staffing requirements are being studied, in consultation with Department of Agriculture & Fisheries.



E. Environmental Hygiene Branch




  • N.T./urban areas boundaries are no longer significant. The 3 Assistant Directors (Region) can share 20 municipal services districts in the ratio of 7:7:6. The Task Force should look into this, and consider whether 20 districts may be streamlined into 18. (11.08)
  • To be further considered by the Task Force
  • We are considering how to streamline the regional/ district set-up of the Branch.



F. Consequential review of staffing in other Bureaux and Departments




  • The Administration should review the need for any adjustment to the ranking and the number of posts remaining in Economic Services Bureau (ESB), Health and Welfare Bureau (HWB), PELB, AFD, DH and Lands Departments, as a result of the reduction in their policy portfolios and departmental duties. (11.28 - 11.29)
  • To be followed up by the Task Force in consultation with the relevant Bureaux/Departments.
  • To be considered after the detailed responsibilities and staffing arrangements of the new bureau and new department are finalised.
G. Departmental Headquarters




  • For reasons of ready availability of facilities, convenience of transport, and accessibility, it is recommended that the departmental headquarters of the new Department should be located at 1-3 Pai Tau Street, Sha Tin, where the Regional Services Department headquarters is based. (14.05)
  • To be further considered by the Task Force
  • Space requirement for the new department will depend on final staffing structure and on the Consultant's Report on Arts, Sports and Leisure Services.



III. An Advisory Council on Food and Environmental Hygiene




  • At the central level, an "Advisory Council on Food and Environmental Hygiene"

    is to be set up to advise the
    Secretary for the Environment
    and Food and the Director of
    Food and Environmental
    Hygiene on major policy issues.
    (8.03)
  • Accepted in principle.
  • Accepted.



  • A 19-member Council is proposed, with suggested membership categories comprising public health professionals and academics, Legislative Council and District Board members, trade representa-tives, 'consumer' representatives, and ex-officio members. (8.04)
  • The membership and Terms of Reference of the Council will be further considered by the Task Force.
  • Accepted. We are considering the membership.



  • The Administration should work out the Terms of Reference of the Council and provide secretarial support from the new Bureau. (8.05)
  • Same as above
  • We are working on the terms of reference and the mode of operation for the Council.



IV. Enhanced Role of Legislative Council




  • The role of Legislative Council in monitoring food and environmental hygiene services will be enhanced after reorganization, namely:

    - vetting of the annual Estimates of Revenue and Expenditure of the new Department and new Bureau; (8.07)

    - proposed capital works items to be subject to the normal Public Works Programme procedure and considered by the Public Works Sub Committee; (8.08)

    - requests for civil service posts will be subject to the scrutiny of the Establishment Sub Committee of the Finance Committee; (8.09)

    - other mechanisms for the Administration's accountability to LegCo will apply to the new Department and new Bureau, e.g. LegCo Panel, LegCo questions and audit reports. (8.10)

  • Accepted
  • Accepted. The LegCo Finance Committee will scrutinize and approve the staffing structure and resources required for the new Bureau and new Department before the end of 1999.



V. Enhanced Role of the District Boards




  • District Boards (DBs) will play a greater role in advising on food safety and environmental hygiene services. Directorate officers of the new Department should visit District Boards regularly to receive their advice and encourage input in policy formulation. (8.02)
  • Accepted. We will take this into account in preparing the District Councils Bill and in enhancing the role of the future District Councils to be set up on 1 January 2000.
  • Accepted. We have introduced the District Councils Bill into LegCo, which is expected to be passed in March. Elections to the District Councils will be held in late 1999.



VI. Licensing and Appeals Arrangements




  • With effect from 1 January 2000, the licensing authority should be transferred to the Director of Food and Environmental Hygiene, with the exception of liquor licenses. (9.03)
  • The proposed licensing regime is accepted in principle.
  • Accepted. Changes in licensing authority will be effected by the Provision of Municipal Services Bill being drafted.



  • The two existing Liquor Licensing Boards should be merged to form a new Liquor Licensing Board of 11 non-official members. Several sources of membership are suggested, including DB members, members of the professions, etc. (9.05)
  • Same as above.
  • Accepted. The provision of a Liquor Licensing Board will be included in the Provision of Municipal Services Bill.



  • A Licensing Appeals Committee of 15 non-official members is recommended, to hear appeals against the Director's decisions on licensing and related matters. (9.08)
  • The proposed appeal regime requires further deliberations by the Task Force.
  • Accepted. The provision of a Licensing Appeals Committee will be included in the Provision of Municipal Services Bill.



  • The Municipal Services Appeals Boards should be merged into one and continue to serve as the "final appeal" body for all appeals against licensing decisions by the Directors, the Licensing Appeals Committee, and the Liquor Licensing Board. (9.09 - 9.10)
  • We will consider whether the proposed arrangements could be streamlined and whether the work of the Municipal Services Appeals Board could be absorbed by the existing Administrative Appeals Board dealing with the appeals of a number of other licences.
  • We agree that there should be a merged Municipal Services Appeals Board. The question of merging with the Administrative Appeals Board will be considered in the longer term.



VII. Environmental Hygiene Priorities