Replies to LegCo questions

LCQ18: Control over unlicensed hawkers

     Following is a question by the Hon Albert Chan and a written reply by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in the Legislative Council today (June 23):

 

Question:

 

     Regarding the cost-effectiveness of the control over unlicensed hawkers, will the Government inform this Council:

 

(a)  of the total public expenditure on controlling unlicensed hawkers, the respective numbers of prosecutions brought against them and the average amount of public expenditure incurred in respect of each prosecution, in each of the past five years; and

 

(b)  whether it will consider employing enforcement actions that are more cost-effective, such as the issuance of fixed penalty notices, in place of summonses; if it will, of the relevant details; if it will not, the reasons for that?

 

Reply:

 

(a)  The annual expenditure incurred by the Food and Environmental Hygiene Department (FEHD) on hawker control work (including managing licensed hawkers, patrolling hawking blackspots and taking enforcement action against unlicensed hawkers) and the number of prosecutions against unlicensed hawkers in the past five years are as follows -

 

Expenditure

 

1999-00            2000-01    2001-02   2002-03    2003-04

(1.1.2000 to      (Actual)  (Actual)  (Actual)   (Revised

31.3.2000) (Note)                                     Estimates)

  $273 m            $1,035m    $1,015m     $991m    $911m

 

Number of Prosecutions against Unlicensed Hawkers

 

1999-00                2000-01  2001-02  2002-03  2003-04

(1.1.2000 to

31. 3. 2000) (Note)

7,318                      26,419    20,173    19,833    18,531

 

(Note): The FEHD was set up on 1.1.2000.

 

     The cost of each prosecution against unlicensed hawking is not available as no costing has been conducted.

 

(b)  For most cases, FEHD officers take action in accordance with the Public Health and Municipal Services Ordinance (Cap. 132) to arrest the unlicensed hawkers. The arrested hawkers will be taken to a police station where charges will be laid against them. FEHD is also empowered under the law to seize the equipment and commodities of the unlicensed hawkers during the arrest action.  Upon conviction of the offences, the court may order the seized equipment and commodities to be forfeited.

 

     We consider that arrest action with subsequent prosecution is the most effective way to deal with unlicensed hawking activities as this will bring such activities to an immediate halt and may forfeit the equipment and commodities of the unlicensed hawkers.

 

Ends/Wednesday, June 23, 2004

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