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LCQ2: Smuggling of dangerous goods by train
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    Following is a question by the Hon Li Kwok-ying and a reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (December 6):

Question:

     It has been reported that currently some consignees (commonly known as itinerant couriers) smuggle inflammable or toxic chemicals through the Lo Wu Control Point into the Mainland by train.  In this connection, will the Government inform this Council:

(a) whether it has received complaints about the smuggling of hazardous chemicals by train in the past three years; if so, of the follow-up actions taken; and whether it has seized any  hazardous chemicals smuggled by train; if so, of the details;

(b) whether it has reviewed if there are any loopholes in the existing spot-checking arrangements for cross-boundary train passengers, and whether it will step up spot checks on such cross-boundary passengers; and

(c) whether it has considered increasing the penalty for smuggling hazardous chemicals by train, so as to curb such smuggling activities?

Reply:

Madam President,

     At present, the Dangerous Goods Ordinance (Cap. 295) regulates the manufacture, storage, conveyance and use of poisonous or inflammable chemicals (i.e. Categories 4 and 5 dangerous goods) within the territory of Hong Kong.  As regards the bringing of the above-mentioned dangerous goods into and out of Hong Kong, the Ordinance does not have additional import and export control.  Separately, the Kowloon-Canton Railway Corporation (KCRC) By-laws (Cap. 372B) stipulates that passengers cannot take dangerous goods into the railway premises.

     My reply to the three parts of the question is as follows:

(a) In the past three years, neither the Government nor the railway company has received any complaints about the smuggling of the above-mentioned Categories 4 and 5 dangerous goods by train into the mainland.

     In end October this year, there were media reports concerning suspected cases of passengers conveying dangerous chemicals by train.  Additional manpower was subsequently deployed by the Police and the KCRC to step up checks.  No dangerous chemicals were detected in the operation.

(b) In general, the Customs and Excise Department (C&ED) conducts random checks on goods and passenger luggage at all control points, including the Lo Wu Control Point, to ensure that no passengers or goods violate the relevant legislation.  As regards Categories 4 and 5 dangerous goods, the C&ED will refer the case to the Fire Services Department for action if a passenger is found to have violated the Dangerous Goods Ordinance.  The relevant Department will step up random checks as necessary in the light of the circumstances.

     Regarding the KCRC By-laws (Cap. 372B), the purpose of the provision prohibiting the carrying of dangerous goods is to protect the safety of passengers.  The KCRC has implemented various measures, including conducting random checks at the entrances to the stations, inspecting railway stations and train compartments, and conducting various publicity works to educate passengers on the importance of complying with the KCRC By-laws.

(c) As mentioned in the first part, neither the Government nor the railway company has received any complaints about the smuggling of Categories 4 and 5 dangerous goods by train.  At present, there is also no indication that the contravention of the Dangerous Goods Ordnance and the KCRC By-laws is a common phenomenon.  Therefore, we do not have plans to amend the penalties of the relevant legislation at this stage.  The Government and the KCRC will continue to closely monitor whether there is anyone possessing or carrying dangerous goods illegally on trains.

Ends/Wednesday, December 6, 2006
Issued at HKT 12:05

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