Notes of the 5th

BLG meeting – Theme Park

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Notes of the 5th

Meeting of

Business Liaison Group (theme park)

Date & time : 9:30 am on 11 Jun 2008 (Wed)

Venue : Rm 601 Conference Room, West Wing, CGO

Trade representatives:

Hong Kong International Theme Parks Limited

Mr Tommy FUNG

Manager

Ocean Park Corporation

Mr Joseph LEUNG

Mr Alan CHAN

Executive Director, Revenue

Executive Director, Operations

Kai Shing Management Services Limited

Ms Karen TUNG

Assistant Property Officer

Hong Kong General Chamber of Commerce

Ms Charlotte CHOW

Senior Manager

Government representatives:

Economic Analysis and Business Facilitation Unit (EABFU)

Mr WC CHAN (Chairman)

Mrs Yvonne FONG

Miss Ryre TAM

Ms Florrie AU-YEUNG

Home Affairs Bureau (HAB)

Miss Ellen CHAN

Head, Business Facilitation Division

Chief Management Services Officer

Management Services Officer

Project Officer

Assistant Secretary

Food and Environmental Hygiene Department (FEHD)

Ms Kitty CHEUNG

Superintendent (Licensing)

Buildings Department (BD)

Mr Chi-kuen CHEUNG

Miss Alice NG

Mr Y Y LI

Chief Building Surveyor

Senior Building Surveyor

Senior Building Surveyor

Electrical and Mechanical Services Department (EMSD)

Mr Andrew YAN

Mr Leakey LAU

Senior Electrical & Mechanical Engineer

Electrical & Mechanical Engineer

Fire Services Department (FSD)

Mr Tony YIP Senior Divisional Officer

Mr C F HUNG Assistant Divisional Officer

Television and Entertainment Licensing Authority (TELA)

Mr Alan TANG

Mr Joe LEE

Senior Licensing Officer

Senior Licensing Officer

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BLG meeting – Theme Park

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Action

Introduction

1. The Chairman welcomed both the trade and Government representatives to the

meeting.

Agenda 1 – Confirmation of notes of the last meeting

2. The notes of the last meeting were confirmed without amendment.

Agenda 2 – Presentation: proposed changes in sanitary fitments provisions in Places

of Public Entertainment (PPE)

3. BD staged a presentation and briefed the trade on the background, the purpose and

the proposed changes and clarified the following points :

(a) the proposed standard would increase the number of sanitary fitments for female

in places of public entertainment;

(b) the changes required legislative amendments to the relevant regulations, which

were aimed to submit to Legislative Council in legislative year 2008-09;

(c) the new standard would not carry retrospective effect;

(d) the new standard would apply to building plans to be submitted after the

enactment of revised regulations; and

(e) for partial alteration in a theme park, the new standard would only be applied to

the area affected by the alteration.

The presentation pack is at Annex 1. The trade was welcome to forward their

comments on the proposed changes to BD in 2 week’s time.

4. In 85% of time, the patronage of theme parks did not reach the full capacity. At

present, the existing provision of sanitary fitments for theme parks was derived

from the average number of visitors. The operators asked if BD would allow any

discount factor for “maximum capacity of a theme park prescribed by the licensing

authority” in specifying the provision of sanitary fitments.

5. BD appreciated the special operational environment of theme parks and explained

that the existing regulation only stipulated the minimum requirement and did not

provide for any discounting factor. In view of the special situations in theme

parks, BD encouraged the applicants to make use of the pre-submission enquiry

service for discussion on such requirements. Moreover, applicants could provide

All

Notes of the 5th

BLG meeting – Theme Park

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information to support any alternative proposals for BD’s consideration.

6. EABFU asked if the maximum capacity of a theme park approved by FEHD in a

PPEL would tally with that of BD. BD explained that FEHD stipulated the

maximum capacity of a PPE according to BD’s advice.

7. FEHD added that the requirement for provision of sanitary fitments in a theme

park would depend on the “maximum admission capacity” proposed by the

applicant; and in accordance with Reg. 5 & 7 of the Building (Standards of

Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations, Cap.

123I.

Agenda 3– Matters arising

Duplicated requirements for maintenance records of amusement rides

8. FEHD would lift the duplicated requirements and update the Application Guide

accordingly.

FEHD

Exemption of small marquees from certification of structural safety

9. BD would adhere to the 3-tier system for certification of building safety. A

blanket exemption for all marquees was infeasible. The trade could apply for “type

approval” of standard marquees in advance so that the processing of temporary

PPEL applications could be speeded up and the related certification costs could be

minimised. For small rain shelters, the trade could obtain “type approval” so that

they could set up the shelters anytime anywhere in theme parks when necessary.

Provision of guidelines / specifications on safety requirements of common temporary

structures

10. BD would insert the existing guidelines / technical specifications related to

commonly used temporary structures, inflatable games and kiddie rides into the

Application Guide and FEHD would update the Application Guide accordingly.

BD

FEHD

Separate forum for discussion of safety requirements listed in the Application Guide

11. Chairman reckoned that the BLG meetings had already been a regular and

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BLG meeting – Theme Park

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convenient forum for discussion of the contents of Application Guide. Where

necessary, operators could invite their authorised persons or contractors to attend

the BLG meetings.

12. In the past, upon the request of the organisers of large events, BD had conducted

briefing sessions on licensing process and requirements of PPE Licence. The

department would also organize similar briefings should the situation warranted.

Performance pledge for approving alteration works in PPE

13. FEHD reported that Efficiency Unit (EU) was reviewing the approval process for

alteration works in premises running food business. The FEHD would explore the

feasibility of applying the recommendations in the context of PPE licensing.

FEHD

Suspension and resumption of food business

14. A theme park operator had been warned by a health inspector about the possibility

of cancellation of food business licence for continuous suspension of food

business.

15. FEHD explained that if a health inspector identified any voluntary suspension of

food business he would record the case. He would also ask if the licensee had

any intention to resume the business; otherwise the licence might be cancelled

under legislation. In response to the enquiry at the BLG meeting, FEHD

confirmed that demerit points would not be deducted due to temporary suspension

of business.

16. In response to an enquiry, FEHD further clarified that a suspended food business

could resume operations anytime without prior approval from FEHD. Upon

resumption of food business, a site inspection would be arranged.

Use of food carts certified by the Food and Drug Authority (FDA) of the US

17. Park operators mentioned the food carts approved by the FDA, in the context of

food hygiene, for preparation of food for mobile hawking and requested FEHD to

consider approving the operation of these food carts within park areas. One of the

operators invited FEHD to visit the theme park to better understand the mechanism

and the operations of food carts. FEHD was considering the suggestion.

FEHD

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BLG meeting – Theme Park

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Pooling of Hygiene Manager / Hygiene Supervisor (HM/HS)

18. FEHD stated that the purpose of designating full-time HM/HS to individual

licensed food premises was to strengthen food safety through direct supervision of

HM/HS. The proposed pooling of HM/HS would defeat the purpose. A health

inspector would record any temporarily absence of HM/HS identified during

inspections and take follow-up actions. No penalty would be imposed for

occasional absence with reasons acceptable to FEHD. Besides, a licensee would be

required to produce the course certificates of the appointed HM/HS and the

notification of changes during FEHD’s inspection.

19. The trade opined that the HM/HS system might be useful to small and medium

food businesses. In the case of theme park where food hygiene was centrally

monitored by an independent quality control unit according to international food

hygiene standard, the existing HM/HS system hampered the operations and

increased their administrative burden. The trade wished FEHD to take into

account the unique operations of food business in theme parks and the international

standard adopted by their independent quality control unit; and adopt a more

flexible approach to achieve the system objectives.

20. Regarding the flexibility, BD referred to the open kitchens at fast food chain stores.

Instead of the prescriptive fire safety requirements which required full partition

between the dinning area and kitchen, BD accepted the fire engineering approach

which allowed the layout of open kitchens.

21. Chairman advised that to facilitate FEHD considering the suggestion, the trade

should provide the department with more details of the independent quality control

system. EABFU would be happy to make necessary co-ordination.

22. FEHD welcomed the centralised food control system adopted by trade. However,

the existing HM/HS system was licence-based. FEHD would further improve the

notification system for reporting changes of HM/HS through electronic means.

FEHD

Trade

Notification of change of HM/HS

23. FEHD said that the e-notification of change of HM/HS could be implemented in a

few months. Details would be given at the BLG meetings.

FEHD

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BLG meeting – Theme Park

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Issue of amusement with prize licence (AWPL) without waiting for issue of the

temporary PPE)

24. TELA said that each AWPL would be accompanied by an “approved game list” and

the respective PPEL. If the licensee wanted to conduct additional AWP for

ad-hoc events in the licensed premises, approval should be sought from (i) TELA

for a new AWPL covering the additional games and (ii) FEHD for a temporary

PPEL.

25. TELA could issue an AWPL upon the issue of temporary PPEL by FEHD. If the

additional games were approved ones, TELA advised the trade to consider

adopting the “Game Zone approach” and “Notification System for changes of

approved AWP” which would expedite the approval process and resulted in early

launch of additional games.

Increase in the cost of participation in each AWP

26. An operator reflected their customers’ requests for better quality of prizes.

Accordingly, the cost of playing each game needed to be raised.

27. HAB said that the matter would be considered when the Gambling Ordinance was

due for a review.

HAB

Urgent processing of permit for amusement rides

28. To facilitate the launch of amusement rides on weekends, Sundays and public

holidays, EMSD would make special arrangement for compliance inspections

provided that theme park operators could inform the department of their detailed

plan well in advance.

Introduction of Multi-year PPEL, Provisional PPEL & Extension of validity of

Temporary PPEL ( involving temporary structures )

29. The HAB had commenced the preparatory work for legislative amendments. The

trade would be consulted in due course.

HAB

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BLG meeting – Theme Park

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Applications from the same park handled by two different offices of FEHD

30. In a recent meeting with the park operator, FEHD explained about the division of

work by geographical boundaries of district offices. FEHD had reminded staff

of the 2 districts to avoid delay in file transmission but, at this stage, could not

centralise the work under a single office due to technical problem.

31. The operator found the said meeting useful and wished to have similar meetings

with FEHD when need arises. FEHD would try to address their needs.

Agenda 4 – Any other business

Set-up for supporting services made of fibre glass

32. One of the operators referred to paragraph (a)(5) Appendix 18 of the Application

Guide and asked whether certification or referral to BD and FSD would be required

if the change in set-up for supporting services (e.g. kiosk, ticketing office, candy

stores, etc) would not affect the means of escape and the fire service installations.

In reality, most of the set-ups of supporting services in the theme park were made

of fibre glasses.

33. BD explained that if the fibre glass structures were used for supporting services in

theme parks, no certification would be required. However, if it was a temporary

structure accessible by public, certification would be necessary upon BD’s request.

Deadline for submission of applications for temporary PPEL

34. According to the Application Guide, an application for temporary PPEL should be

submitted at least 42 days before commencement of the public entertainment. An

operator found difficulties to meet the timeframe.

35. FEHD replied that the “42-day” was a statutory requirement for those applications

involving building structures. FEHD adopted flexibility to consider individual

applications. The trade was advised to submit applications on time.

36. BD informed the meeting of the internal target to respond to FEHD’s referral of

PPE applications within 24 days.

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BLG meeting – Theme Park

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Action

Food hawking in theme parks

37. To provide better customer service, the trade would like to peddle ice-creams,

hot-dogs, hot / cold drinks, etc along the queues of attractions. An operator

mentioned the existing independent quality assurance team responsible for

monitoring the food hygiene of the whole park. The trade considered that the

simple food preparation process coupled with well-trained food handlers would not

give rise to any food safety / hygiene issues and asked for a licence to be issued to

the theme park for the purposes.

38. FEHD said that trade could peddle non-restricted food e.g. canned drinks,

pre-packed snack, etc freely in theme parks. Restricted food like ice-creams

could only be sold in a “designed” location covered by a valid permit or licence as

appropriate. FEHD would not issue any hawker licences for mobile hawking of

restricted food in private places and theme parks were considered as “private

places”, where admission by payment would be required,.

39. The trade could hardly agree with FEHD’s interpretation which was different from

Interpretation and General Clauses Ordinances, Cap 1A where a theme park was

regarded as a public place.

40. The trade reiterated their operational needs for hawker food licences and urged the

Government to help maintain the competitiveness in view of the globalisation and

the operations of theme parks in other countries. They were ready to provide

more information where necessary.

41. The trade also noted the recent review of itinerant hawker licences for selling ice

cream and would like the subject of “food hawking in theme parks” be included in

that review. They hoped that their operational needs could be duly addressed by

the Administration. In particular, they asked the Government to take into account

the following factors in the course of the said review:

(a) the unique operational mode in theme parks;

(b) the high mobility park-goers;

(c) the need for customer service including mobile hawking of made-to-order food;

(d) technology development in securing hygienic food preparation in food carts; and

(e) the existence of independent quality assurance team for centrally monitoring the

food hygiene.

FEHD

EABFU

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BLG meeting – Theme Park

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42. Besides, the trade wanted to know the policy objectives of / rationale for banning

the hawking licences; and the relevance of banning similar hawking activities in

well-managed theme parks.

43. FEHD understood the trade’s needs and would try to explore ways to facilitate

their business.

FEHD

FEHD

Deployment of EMSD’s staff

44. One of the operators found the concurrent staff changes at all levels in the team

regulating amusement rides. In view of the complexity of amusement rides, the

trade would like the staff to keep abreast of the latest development of amusement

rides and operations of theme parks, apart from the electrical and mechanical

aspects.

45. EMSD assured the trade that their staff were well experienced and competent to

regulate ride safety. A designated engineer has been following through the

re-development of a theme park with a view to further enhancing the

communication on safety issues.

Date of next meeting

46. The next meeting would be held in October 2008.

(Post-meeting notes : The next meeting will be held at 10:00 am on 15 Oct 2008. )

EABFU

Economic Analysis and Business Facilitation Unit

July 2008

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