MPP to enforce SOP in issuing permits
KUCHING:
Padawan Municipal Council (MPP) has agreed to implement and enforce a
standard operating procedure (SOP) guidelines for the licensing and
regulating of hawkers trading under temporary permits at Mile 3 Maong
Bazaar, Jalan Rock, in Kuching.
The agreement to implement the SOP guidelines was made through a letter of undertaking in consideration of the decision of See Chee How and others to withdraw their suit against MPP.
On Jan 24, See and the others who were registered proprietors, tenants, business owners and stakeholders of the shophouses at the Maong Bazaar, in a representative action brought the case to the High Court after MPP did not take action despite their complaints over the occupation of the extra parking lots by a hawker.
The plaintiffs also challenged the legality of the MPP’s issuance of a temporary permit to one single stallholder, Ang, to occupy three car parking lots while other traders were allowed only one parking lot each.
They complained that the Ang’s action exacerbated the acute shortage of car parking spaces to serve the plaintiffs and the shoppers who frequent the Maong Bazaar which also includes a popular wet market.
The High Court then issued an interim injunction ordering Ang to restrict himself to occupy only three vehicle parking lots as stated in a temporary permit issued to him by the Padawan Municipal Council (MPP) which expired on Jan 25.
In the same Order, the MPP head of Legal and Enforcement Division and the MPP were also restrained from issuing any temporary permit to Ang to make use of any lot within any carpark at the Maong Bazaar until further order of the Court.
In the letter of undertaking signed by MPP secretary Andrew Joris Noyen, in respect of the issuance of temporary permits for hawking in Maong Bazaar, MPP promised to comply and abide with the SOP of MPP and all laws, statutes, regulations,
by-laws, rules and any orders that are applicable to MPP, in particular, the Local Authorities Ordinance 1966 (Cap. 20), in respect of the issuing of temporary permit on usage of public place, in particular, issuing temporary permits on the usage of motorcycle parking lots and motor vehicles parking lots for hawking at Maong Bazaar.
Additionally, MPP undertakes that it will ensure with their best effort that the rights and peace of other business owners, proprietors, tenants and other stakeholders are not hindered, interfered with or affected
when applications for temporary permits to hawk on the motorcycle parking lots and motor vehicle parking lots at Maong Bazaar are approved and to ensure that the temporary permit holders abide and comply with the terms and conditions of the temporary permits.
MPP also pledged that in the event that the temporary permit holders do not comply with the terms and conditions of the temporary permits, or abuse the use of the permits, MPP will take stern actions against the permit holders, including the issuing of compounds and and the revocation of temporary permits in accordance with the relevant provisions of laws, statutes, by-laws, regulations, rules or orders governing the issuance of temporary permits.
A copy of the standard operating procedures (SOP) guidelines and the letter of undertaking signed by MPP Secretary were produced to the High Court Judge Datuk Rhodzariah Bujang who entered a consent order with the agreement of all parties.
The plaintiffs, represented by Desmond Kho and Jeffery Mok, withdrew their case against all defendants with no costs.
MPP was represented by Cila Nasu.
The agreement to implement the SOP guidelines was made through a letter of undertaking in consideration of the decision of See Chee How and others to withdraw their suit against MPP.
On Jan 24, See and the others who were registered proprietors, tenants, business owners and stakeholders of the shophouses at the Maong Bazaar, in a representative action brought the case to the High Court after MPP did not take action despite their complaints over the occupation of the extra parking lots by a hawker.
The plaintiffs also challenged the legality of the MPP’s issuance of a temporary permit to one single stallholder, Ang, to occupy three car parking lots while other traders were allowed only one parking lot each.
They complained that the Ang’s action exacerbated the acute shortage of car parking spaces to serve the plaintiffs and the shoppers who frequent the Maong Bazaar which also includes a popular wet market.
The High Court then issued an interim injunction ordering Ang to restrict himself to occupy only three vehicle parking lots as stated in a temporary permit issued to him by the Padawan Municipal Council (MPP) which expired on Jan 25.
In the same Order, the MPP head of Legal and Enforcement Division and the MPP were also restrained from issuing any temporary permit to Ang to make use of any lot within any carpark at the Maong Bazaar until further order of the Court.
In the letter of undertaking signed by MPP secretary Andrew Joris Noyen, in respect of the issuance of temporary permits for hawking in Maong Bazaar, MPP promised to comply and abide with the SOP of MPP and all laws, statutes, regulations,
by-laws, rules and any orders that are applicable to MPP, in particular, the Local Authorities Ordinance 1966 (Cap. 20), in respect of the issuing of temporary permit on usage of public place, in particular, issuing temporary permits on the usage of motorcycle parking lots and motor vehicles parking lots for hawking at Maong Bazaar.
Additionally, MPP undertakes that it will ensure with their best effort that the rights and peace of other business owners, proprietors, tenants and other stakeholders are not hindered, interfered with or affected
when applications for temporary permits to hawk on the motorcycle parking lots and motor vehicle parking lots at Maong Bazaar are approved and to ensure that the temporary permit holders abide and comply with the terms and conditions of the temporary permits.
MPP also pledged that in the event that the temporary permit holders do not comply with the terms and conditions of the temporary permits, or abuse the use of the permits, MPP will take stern actions against the permit holders, including the issuing of compounds and and the revocation of temporary permits in accordance with the relevant provisions of laws, statutes, by-laws, regulations, rules or orders governing the issuance of temporary permits.
A copy of the standard operating procedures (SOP) guidelines and the letter of undertaking signed by MPP Secretary were produced to the High Court Judge Datuk Rhodzariah Bujang who entered a consent order with the agreement of all parties.
The plaintiffs, represented by Desmond Kho and Jeffery Mok, withdrew their case against all defendants with no costs.
MPP was represented by Cila Nasu.
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