Replies to LegCo questions

LCQ18: Fixed penalty for public cleanliness offences

Following is a question by the Hon Fred Li and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (December 7):

Question:

Since the increase of the fixed penalty for public cleanliness offences to $1,500 in late June 2003, the seven enforcement departments issued around 55 100 fixed penalty notices (FPNs) up to end-August 2005. In this connection, will the Government inform this Council:

(a) of the annual number of FPNs issued respectively by these enforcement departments during the above period;

(b) of the number of cases of non-payment of fines demanded by the FPNs issued, broken down by reasons of non-payment; and

(c) whether it has reviewed annually the position in enforcing the legislation on public cleanliness offences by various government departments; if so, of the major difficulties encountered in their enforcement actions and the solutions; if not, the reasons for that?

Reply:

Madam President,

(a) According to the record of the Fixed Penalty Computer System, the fixed penalty notices (FPNs) issued by the seven enforcement departments respectively in each year since the increase of the fixed penalty for public cleanliness offences to $1,500 in late June 2003 to end-August 2005 are shown in Annex.

(b) During the above period, the proportion of FPNs of which the offenders have not paid the fine was about 8%. The Administration does not have the knowledge of why these offenders did not pay the fine.

(c) Since the fixed penalty system came into effect in mid 2002, the seven enforcement departments review and make improvements based on their operational experience and need. For example, some frontline staff had expressed their concerns that it was inconvenient for them to carry a Fixed Penalty Notice booklet of some 20 pages as it was too thick. In view of this, the concerned departments later produced thinner booklets to facilitate frontline staff in their operation. For the Food and Environmental Hygiene Department, the main problem in enforcing the fixed penalty system is the uncooperative attitude adopted by some offenders. In those cases, their staff would contact the Police for assistance. The Department also provides training on emotional control and self-defense to frontline staff. The enforcement departments would continue to keep in view the enforcement of the fixed penalty system and make improvements as necessary.



Ends/Wednesday, December 7, 2005
Issued at HKT 14:03

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Annex to LCQ18