Replies to LegCo questions
LCQ19: Seizure of publicity materials
Following is a question by the Hon Mrs Regina Ip and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(March 16):
Question:
Given that activities of unauthorised display of commercial publicity materials
on the streets, in particular those involving the use of easy-mount frames, are
increasingly rampant, the Government briefed members of the Panel on Food Safety
and Environmental Hygiene of this Council at its meeting on December 9, 2008 on
the new enforcement and prosecution approach to tackle the unauthorised display
of bills and posters in public places. The authorities indicated that
paraphernalia such as easy-mount frames used for the display of bills and
posters would be removed together with the bills and posters as evidence of
contravention of section 104A of the Public Health and Municipal Services
Ordinance (Cap. 132) (section 104A). The new approach has already been adopted
in nine District Council (DC) districts. In this connection, will the Government
inform this Council:
(a) of the number of complaints received by the Food and Environmental Hygiene
Department (FEHD) in 2010 about activities of display of publicity materials,
the number of easy-mount frames seized, the number of summonses issued under
section 104A, as well as the number of those who were the beneficiaries of
publicity materials among the people who were prosecuted;
(b) as it is stipulated in section 104A(1)(b) that, except with the written
permission of the Authority, it is an offence to display or affix bills or
posters on any Government land, whether the authorities have studied if it is
difficult to invoke the provision to prosecute those persons displaying
publicity materials who have not placed them directly on Government land; if
they have studied, of the outcome;
(c) whether the authorities have assessed if the existing enforcement and
prosecution approach (including the prosecution rate) is effective in deterring
activities of unauthorised display of publicity materials; if they have
assessed, of the outcome;
(d) given that FEHD may at present issue fixed penalty notices (FPNs) to
offenders who have caused obstruction in public places under section 4A of the
Summary Offences Ordinance (Cap. 228) (section 4A), of the number of relevant
complaints received by the authorities each year from 2009 to 2010 as well as
the number of FPNs issued;
(e) as the authorities have pointed out that there have been extensive public
complaints of street obstruction caused by activities of display of publicity
materials, of the justifications for FEHD to prosecute the people concerned by
invoking the provision of "prohibition on display of bills or posters without
permission" (i.e. section 104A) instead of the provision of "obstruction of
public places" (i.e. section 4A); and
(f) whether the law enforcement actions under section 104A and section 4A are at
present undertaken by the same team of frontline staff of FEHD; if so, of the
manpower responsible for law enforcement in each DC district; if not, the two
types of manpower in each DC district at present?
Reply:
President,
To address the increasingly rampant activities of display of commercial
publicity materials on the streets with the use of easy-mount frames and similar
installations, which have seriously affected cleanliness of streets and caused
inconvenience to pedestrians, the Food and Environmental Hygiene Department (the
FEHD) submitted a proposal to extend a new enforcement and prosecution approach
(the new approach) to the whole territory, at the meeting of the Legislative
Council Panel on Food Safety and Environmental Hygiene (the Panel) held on
December 9, 2008. Under this new approach, easy-mount frames and similar
installations used for unauthorised display in public places will be seized as
evidence and the persons concerned will be prosecuted for having displayed or
affixed such bills or posters in public places without permission according to
section 104A under the Public Health and Municipal Services Ordinance (Cap 132)
(the Ordinance). Given that Members held different views on extending the new
approach to the whole territory, the FEHD had not proceeded with the full
implementation of the proposal, and only extended it to individual districts
upon the request of District Councils (DCs). In response to the requests of
respective DCs, the FEHD has implemented the new approach in nine districts,
namely Wan Chai, Yau Tsim Mong, Kowloon City, Tsuen Wan, Kwun Tong, Central and
Western, Southern, Yuen Long and Sham Shui Po. On February 2, 2011, we provided
the Panel with an information note, informing Members of the progress in the
implementation of the new approach.
My reply to the specific questions is as follows:
(a) The numbers of complaints and prosecutions against using easy-mount frames
for promotion in 2010 are set out as follows:
- Number of complaints: 2,294
- Number of easy-mount frames and similar display apparatus being seized: 13,916
- (i) Number of prosecutions against the display of publicity materials under
section 104A of the Ordinance: 105
(ii) Number of prosecutions against the beneficiaries of publicity materials
under section 104D of the Ordinance: 64
(b) It is stipulated in section 104A(1)(b) of the Ordinance that no bill or
poster shall be displayed or affixed on any Government land, except with the
written permission of the Authority. Publicity materials that are not directly
placed on the ground, such as those held by or put on a person, are not subject
to regulation under this provision.
(c) As the new approach was put into implementation upon the request of
individual DCs, the commencement dates of implementation varied amongst
districts. Hence, the relevant prosecution figures may not be able to fully
reflect the effectiveness of the new approach. Notwithstanding this, with the
full support of the DCs concerned and strengthened publicity and warning,
enforcement actions have been carried out smoothly and the situation of the
relevant districts has improved. In addition, to enhance the effectiveness of
enforcement, the FEHD, after a recent review of the current enforcement mode,
has decided to issue fixed penalty notices under the Fixed Penalty (Public
Cleanliness Offences) Ordinance (Cap 570) to persons contravening section
104A(2) of Cap 132, starting from March this year. Before the change of the mode
of enforcement, the FEHD has arranged for publicity and warnings targeting at
the relevant parties.
(d) Section 4A of the Summary Offences Ordinance (Cap 228) is enforced by
officers of the FEHD through issuance of court summonses (not fixed penalty
notices) or by arrest. The FEHD received 21,406 and 24,483 complaints concerning
obstruction in public places in 2009 and 2010 respectively and 26,285 and 23,537
prosecutions were initiated under section 4A of the Summary Offences Ordinance.
(e) Given that the Ordinance contains an express provision against unauthorised
display or posting of bills and posters and there is a direct link of easy-mount
frames with display of bills and posters, it is appropriate for the FEHD to take
enforcement actions under the Ordinance against activities involving the use of
easy-mount frames and seize the easy-mount frames and similar equipment as
evidence. Besides, the FEHD may, having regard to the actual circumstances,
initiate prosecution concerning promotional booths which cause obstruction in
public places under section 4A of the Summary Offences Ordinance.
(f) At present, Cleansing Foremen and staff of the Hawker Control Teams under
the FEHD are responsible for handling the unauthorised display of bills and
posters using easy-mount frames on the streets according to section 104A of Cap
132. As for prosecution concerning obstruction in public places under section 4A
of Cap 228, it is undertaken by the Hawker Control Teams. Please refer to the
Annex for the strength of these two categories of staff in the District Offices
(Environmental Hygiene) of the FEHD by DC districts.
The FEHD will continue to monitor the situation and review its enforcement
strategies from time to time to improve the effectiveness of enforcement.
Ends/Wednesday, March 16, 2011
Issued at HKT 15:09
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