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LC: Fixed Penalty (Public Cleanliness Offences) Ordinance

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Following is the speech by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in moving the resolution to amend Schedule 1 to the Fixed Penalty (Public Cleanliness Offences) Ordinance in the Legislative Council today (June 18):

Madam President,

I move that the resolution to amend Schedule 1 to the Fixed Penalty (Public Cleanliness Offences) Ordinance as printed on the Agenda be passed. It seeks to increase the fixed penalty from $600 to $1,500 for cleanliness offences covered by the Ordinance, namely, spitting, littering, display of bills or posters without permission and fouling of street by dog faeces.

By way of background, the Fixed Penalty (Public Cleanliness Offences) Ordinance provides for a fixed penalty of $600 to be payable for the aforesaid offences. Seven government departments were empowered to enforce the Ordinance in areas and venues under their responsibility since 10 June 2002. Since commencement of the Ordinance, a total of around 18,000 fixed penalty notices have been issued against the offenders.

The recent outbreak of Severe Acute Respiratory Syndrome (SARS) in Hong Kong has called into question the adequacy of the existing fixed penalty in combating spitting and littering offences. In promulgating its interim report on 28 May, Team Clean proposed, among other things, increasing the fixed penalty for spitting and littering offenders from $600 to $1,500.

Since the proposed increase in fixed penalty was announced, there has been overwhelming public support for this proposal. Members of this Council, media and public opinions are generally in favour of extending the proposed increase to the remaining two scheduled offences, i.e. fouling of street by dog faeces and display of bills or posters without permission. The motion I move today has responded to such aspirations.

The Administration is mindful that effective law enforcement is key to the success of any legislative proposal. In the wake of the recent outbreak of SARS, our frontline staff have already intensified their enforcement actions against cleanliness offenders. By and large, such an approach has worked well and won wide acclaim from members of the public. We will continue to equip our frontline officers with sufficient training and communication equipment to facilitate their enforcement actions. The Commissioner of Police has also pledged full support for the crackdown on cleanliness offences.

We have carefully considered suggestions that a grace period be allowed before implementing the stiffer penalty. Since the proposed increase in fixed penalty was announced three weeks ago, the community is well aware of and has accepted the need for the heavier fines. Once this Council has passed the resolution to increase the fixed penalty, the Administration will launch a variety of publicity measures to remind the public of the commencement of the new fixed penalty on 26 June.

Madam President, public expectations for improving personal and environmental hygiene are at an all time high. The community looks to us for taking effective actions. At this critical juncture, the Legislative Council and the Administration should join forces in stamping out cleanliness offences. Let us demonstrate our resolve by implementing the new fixed penalty in a concerted and expeditious manner.

With these remarks, Madam President, I beg to move.

End/Wednesday, June 18, 2003

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