Replies to LegCo questions

LCQ19: Effectiveness of increased penalty

    Following is a question by the Hon Lau Kong-wah and a written reply by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in the Legislative Council today (June 9):

 

Question:

 

    The fixed penalty for spitting and littering offences under the Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap. 570) has been increased from $600 to $1,500 since June 26 last year.  In this connection, will the Government inform this Council:

 

(a) of the respective numbers of verbal warnings and fixed penalty notices issued by various law enforcement departments in respect of such offences in each month since the penalty was increased, the number of cases in which assistance from the Police was sought due to clashes between law enforcement officers and the offenders, and the reasons for the clashes; and

 

(b) whether it has reviewed the effectiveness of the increased penalty in deterring the public from spitting and littering in public places?

 

Reply:

 

Madam President,

 

(a) Since the fixed penalty for public cleanliness offences has been increased to $1,500 in late June 2003, the seven enforcement departments, namely the Food and Environmental Hygiene Department, Housing Department, Leisure and Cultural Services Department, Environmental Protection Department, Marine Department, Agriculture, Fisheries and Conservation Department and Hong Kong Police Force issued over 20,000 fixed penalty notices up to end April 2004.  The monthly figures are as follows -

 

Month                Number of fixed penalty notices issued*

June 26 to 30, 2003                  500

July 2003                            2,200

August 2003                          2,100

September 2003                      2,100

October 2003                        2,300

November 2003                       2,000

December 2003                       1,800

January 2004                        1,500

February 2004                       1,900

March 2004                           2,400

April 2004                           1,900

 

(*The numbers are rounded to the nearest hundred.)

 

    Based on the recommendation of Team Clean, enforcement officers have adopted a "zero-tolerance" approach since mid-2003 in enforcing the fixed penalty system.  In most cases, enforcement officers would issue fixed penalty notices to public cleanliness offenders without any verbal warning prior to prosecution.

 

    From late June 2003 to April 2004, there were over 20 cases involving staff of six enforcement departments (excluding Police) calling for Police assistance because of confrontation or being assaulted in enforcing the fixed penalty system.  Most of these cases involved offenders being uncooperative, such as refusing to provide identity document or showing resistance.  Training has been provided to frontline staff on ways to handle potential problems and prevent confrontation. 

 

(b) In a public opinion survey conducted by the Home Affairs Bureau in October 2003, over 80 per cent of respondents considered that Hong Kong was in a good or satisfactory state of cleanliness.  Nearly 90 per cent considered that Hong Kong was cleaner than before the SARS (Severe Acute Respiratory Syndrome) outbreak.  We believe the increase of the fixed penalty is one of the important factors leading to such improvement. 

 

    However, as the number of offences still remains on the high side and some of the offenders repeated their offence despite the increase of the fixed penalty, we consider it necessary to stiffen the penalties for repeat public cleanliness offenders in order to enhance the deterrent effect.  In the Report of Team Clean issued in August 2003, it was suggested that a higher fine and a community service order should be imposed on offenders committing any of the four cleanliness offences (namely littering, spitting, dog-fouling and unauthorised posting of bills and posters) twice or more within 24 months.  We have conducted a public consultation exercise on the proposal and the majority of the respondents indicated support.  We are now preparing the proposals to enhance the deterrent effect.

 

Ends/Wednesday, June 9, 2004

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