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Following is the speech by the Secretary for the Environment and Food, Mrs Lily Yam, in moving a motion of resolution under the Fixed Penalty (Criminal Proceedings) Ordinance in the Legislative Council today (May 31):
Madam President,
I move that the motion as set out in the agenda be passed. This motion is to amend the level of fixed penalty for excess smoke from a motor vehicle, as stated in Item 29 of the Schedule to the Fixed Penalty (Criminal Proceedings) Ordinance, from $450 to $1,000.
Reasons and Justification
First of all, I would like to explain the reasons and justification for the proposed increase in the fixed penalty for smoky vehicle to $1,000.
Tackling the air pollution problem is a matter of priority. It is a prime target shared by the Government, the public and different sectors of our community. The air pollution problem in Hong Kong is mainly caused by vehicle emissions. In particular, diesel vehicles account for 98% of the suspended particulates and around 80% of the nitrogen oxides emitted by all vehicles. Our priority task is therefore to try to reduce emissions from diesel vehicles.
Proper maintenance is a key factor affecting the emission performance of a vehicle. A poorly maintained vehicle can emit up to 10 times the pollutants compared to one properly maintained. For diesel vehicles, an obvious sign of poor maintenance is the emission of black smoke. One of our principal tasks is therefore to take effective action against smoky vehicles.
Over the past year or so, members of the public had made a number of representations expressing their concerns about the impact of air pollution on public health. They requested the Administration to consider ways to reduce vehicle emissions to protect public health. Some had asked the Administration to enhance enforcement against smoky vehicles and to raise the penalty level.
The current fixed penalty fine of $450 for smoky vehicle owners was set in 1994. At the existing level, a smoky vehicle offence carries the same penalty as relatively minor traffic offences such as loading/unloading goods or picking up/setting down passengers in a restricted zone. Having regard to medical evidence on the impact of air pollution on public health and the extent to which harmful air pollutants are associated with vehicle emissions, we believe that a fixed penalty at the existing level does not adequately reflect the impact of smoky vehicles on public health. For this reason and for the purpose of enhancing the deterrent effect, we consider that the fixed penalty for smoky vehicles should be increased. The increase will also convey a clear message to all vehicle owners that they have a responsibility to maintain their vehicles properly so as to reduce the impact of the emissions on others' health.
The question has been asked as at what level the increase should be set. Many different views have been expressed. We consider that the penalty for smoky vehicle offences should be increased to a level similar to that for other traffic offences that threaten other people's safety. Currently, overloading offence carries a fixed penalty of $1,000 and this is the only penalty under the Fixed Penalty (Criminal Proceedings) Ordinance which has been set at the level of $1,000. It is also the heaviest penalty under the Ordinance. We therefore propose to increase the fixed penalty for smoky vehicle offences to the same level.
Enhanced Enforcement
Apart from raising the level of penalty, we are also implementing a package of measures to enhance the deterrent effect. Under the Smoky Vehicle Control Programme, smoky vehicles spotted by trained spotters must pass a smoke test administered by the Environmental Protection Department (EPD) within a specified period. Those failing the test will result in their licences being cancelled. EPD issued about 26,700, 31,800 and 37,800 emission testing notices in 1997, 1998 and 1999 respectively. To enhance the effectiveness of the programme, EPD has introduced chassis dynamometer smoke tests for light-duty vehicles since September last year. The more revealing test has proved to be more effective in identify improperly maintained vehicles. EPD plans to extend the use of chassis dynamometer to medium and heavy-duty vehicles undergoing the smoke test later this year.
Since April last year, the Police have been provided with 12 portable smoke meters to help step up their enforcement work. In 1997 and 1998, the Police issued about 1,100 and 1,600 fixed penalty tickets against smoky vehicles. In 1999, about 5,100 fixed penalty tickets were issued. In the first four months of this year alone, around 2,000 fixed penalty tickets were issued. Smoky vehicles caught by the Police would be issued with a fixed penalty ticket and referred to EPD for a follow-up smoke test within a specified period. Vehicles failing the smoke test would lose their licence. The Police have also been carrying out joint roadside operations with EPD against smoky vehicles. The two departments are now looking into ways that would strengthen the effectiveness of joint roadside operations.
Improving the Standards of Vehicle Maintenance Services
During our earlier consultation with the transport trade on the proposed increase in the fixed penalty for smoky vehicles, some members of the trade expressed the view that we should place more emphasis on raising the standards of vehicle maintenance, especially those relating to the maintenance of the vehicle emission system.
We have taken on board the comment of the trades and have been working closely together with the vehicle maintenance trade in raising vehicle maintenance standards. In January this year, we set up a Working Group on Vehicle Maintenance Services with representatives from the trade, government departments and professional bodies to study ways to improve vehicle maintenance standards. In addition, we have organized a number of vehicle maintenance seminars and are providing training courses for the trade. On the issue of vehicle maintenance data, we have been discussing with the relevant trade associations on the release of technical data required for vehicle maintenance. The Services Manager Association has recently made an undertaking that the majority of its members would release maintenance data on emissions from pre-Euro diesel vehicles. We will continue to study both long and short-term measures to improve vehicle maintenance standards through the Working Group on Vehicle Maintenance Services.
Implementation date
We are aware that the vehicle maintenance services available at present are not perfect. We will continue to press on with our efforts to raise the standards for maintaining vehicle emission systems. To provide a reasonable time for the trades to improve the maintenance arrangement for their vehicles, we propose to bring the new level of fixed penalty into effect on 1 December 2000.
Heavier Penalty for repeated offenders
As regards repeat offenders, I have advised the relevant LegCo Panels that the inter-departmental Task Force to Improve Air Quality is reviewing the existing legislation with the objective of identifying the most effective penalty for repeat offenders. We will consider various options including the suggestion of an incremental fixed penalty system put forward by the All Party Clean Air Alliance of the Legislative Council. We will revert to Members with a proposed way forward at the next legislative session.
I urge Members to support my motion to raise the fixed penalty for smoky vehicles to $1,000. Thank you, Madam President.
End/Wednesday May 31, 2000
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