Press Releases

Views sought on penalties for repeat hygiene offenders

The Health, Welfare and Food Bureau (HWFB) today (October 23) started a one-month public consultation exercise on the proposed penalties for repeat hygiene offenders.

An HWFB spokesman said, the consultation aimed to seek public views on whether community service orders should be imposed on repeat offenders of the hygiene laws.

"Following the SARS outbreak, the fixed penalty for hygiene offenders has been increased to $1,500 and the new fine has proven effective in curbing hygiene offences generally.

"While a fine of $1,500 is stringent enough to stop most unhygienic acts, there are still repeat offenders who are continuing with their habits of soiling our environment and risking the public's health and well-being," the spokesman said.

Since the introduction of the fixed penalty system in June last year, there were 382 repeat offenders out of a total of about 26,100 offenders. Of them, 326 were second-time offenders while 56 have broken the hygiene laws three times or more.

To increase the deterrent effect, Team Clean chaired by the Chief Secretary for Administration has proposed stiffening the penalties against repeat offenders by imposing community service orders.

According to Team Clean's proposal, if an offender commits a second offence within a period of 24 months, the enforcement department would withdraw the fixed penalty notice issued and replace it with a summons and apply to the Court for a penalty higher than $1,500 and the award of a community service order. The level and form of penalties would be left to the discretion of the court.

The four hygiene offences - littering, spitting, dog-fouling and unauthorised display of bills and posters - would be counted as one type of offence. In other words, a littering offender who has already committed a spitting offence or a dog-fouling offence will be treated as a repeat offender.

The spokesman noted that legislative amendments would be required to put the proposed penalties into effect.

"We would like to gauge the degree of public support for the proposed additional penalties for habitual hygiene offenders. Views gathered would be factored into future decisions," the spokesman said.

Copies of the consultation pamphlet are available at all District Offices of Home Affairs Department and Food and Environmental Hygiene Department (FEHD). The pamphlet can also be downloaded from the websites of HWFB and FEHD at www.hwfb.gov.hk and www.fehd.gov.hk respectively.

The deadline for reply slips is November 23. They should be posted to the Food and Environmental Hygiene Division, HWFB, 10/F, Citibank Tower, 3 Garden Road, Central; by fax to 2136 3281; or by e-mail to cleanliness_consultation@hwfb.gov.hk.

Ends/Thursday, October 23, 2003
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