LC Q6: Electronic Service Delivery Website

Following is a question by the Hon Tommy Cheung and a reply by the Secretary for Commerce, Industry and Technology, Mr John Tsang, in the Legislative Council today (December 10): (Translation)

Question :

To implement the Electronic Service Delivery (ESD) Scheme, the Government has commissioned a private company to develop and operate the "ESD life website". The Government provides online public services through the website, while the contractor is allowed to use the website for conducting e-commerce activities. However, I notice that the "Household" page of the website contains information on some 30 restaurants which fall into the "private kitchen" category, and I have learnt that quite a number of such restaurants have not obtained any food business licences. In this connection, will the Government inform this Council whether:

(a) the relevant operating contract has stipulated that no illegal activities should be promoted on the website; if so, of the details of the stipulations; if not, the reasons for that;

(b) the website contains information on unlicensed restaurants; if so, whether the authorities will ask the website operator to remove the information on the unlicensed restaurants, so as to safeguard the rights and interests of consumers as well as licensed restaurants; and

(c) it will, based on the website's information, take enforcement actions against the unlicensed restaurants concerned?

Reply:

Madam President,

My reply to the three parts of the question is as follows:

(a) The Electronic Service Delivery Scheme (ESD) is a major IT initiative which seeks to provide an information infrastructure for both online government and non-government services. According to the contract signed between the Government and the private sector ESD operator, the latter is allowed to provide non-government services at the ESD website, provided that the non-government services do not contravene the laws of Hong Kong.

(b) The ESD website provides a directory service with some 1,300 restaurants offering various cuisines, including Chinese, western, buffet, dessert, fast food and "private kitchens". Apart from displaying the addresses and telephone numbers, the directory service does not promote any particular restaurant. The website also contains review articles on some restaurants, including a few "private kitchens". This information has been transcribed from other websites or media. The ESD operator is not the primary information provider and does not derive any income from it.

We understand that of the 31 "private kitchens" listed on the ESD website, 13 are either food premises licensed by the Food and Environmental Hygiene Department or clubs approved by the Home Affairs Department to provide catering services to members. The remaining 17 are neither licensed nor approved, and one cannot be identified due to incomplete address. Upon our request, the ESD operator has already removed from the website the information of the "private kitchens" which are not licensed or approved.

(c) The Administration is currently investigating the 17 cases of unlicensed food establishments with a view to taking enforcement actions. The Administration will also submit a revised regulatory proposal on the operation of "private kitchens" to the LegCo Panel on Food Safety and Environmental Hygiene at its meeting on December 18, 2003. The Administration will deal with the unlicensed "private kitchens" in the light of discussions at the Panel meeting.

Wednesday, December 10, 2003

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