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Following is a question by the Hon Andrew Cheng and a written reply by the Secretary for Environment, Mr Edward Yau (in the absence of the Secretary for Transport and Housing), in the Legislative Council today (April 16):
Question:
Regarding illegal modification of vehicles (i.e. modification of vehicles rendering them not in compliance with the Road Traffic (Construction and Maintenance of Vehicles) Regulations) and illegal motor racing, will the Government inform this Council:
(a) of the respective numbers of prosecutions and convictions involving illegally-modified vehicles in each of the past three years;
(b) of the respective numbers of complaints, prosecutions and convictions involving illegal motor racing in each of the past three years, and the number of traffic accidents suspected or confirmed to have been caused by illegal motor racing, as well as the resultant casualties;
(c) whether it has assessed if illegal motor racing has become increasingly rampant in recent years; if the assessment result is in the affirmative, of the new measures in place to step up combating illegal motor racing; and
(d) whether it will consider increasing the penalties for illegal modification of vehicles and illegal motor racing; if so, of the details?
Reply:
Madam President,
(a) The Police institute prosecutions against vehicles which are illegally modified or which fail to comply with the requirements on maintenance and markings etc under the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Chapter 374A). Since the Police do not have the breakdown on the statistics on the above types of prosecution, we cannot provide the relevant statistics involving illegally-modified vehicles.
(b) In 2005, 2006 and 2007, the Police received 319, 351 and 497 complaints involving illegal motor racing respectively. Among these complaints, 70, 42 and 31 cases respectively were confirmed to be related to motor racing after investigation.
In the past three years, 5 596, 7 916 and 9 167 persons were prosecuted in Police's operations against illegal motor racing respectively. Depending on the circumstances and evidence of individual cases, these persons were charged the offences of illegal motor racing, dangerous driving, careless driving or speeding. Most of them were convicted.
Regarding the related traffic accident and casualty statistics, since neither the Police nor the Transport Department (TD) have the breakdown on traffic accidents caused by illegal motor racing, we cannot provide the relevant statistics.
(c) Statistics of the past three years do not indicate that illegal motor racing has become increasingly rampant in recent years. The number of prosecutions against illegal motor racing instituted by the Police demonstrates that their planning and execution of enforcement operations against illegal motor racing have been effective. The Police have always accorded attention to the problem of illegal motor racing. They will continue to carry out enforcement operations against illegal motor racing through collection of intelligence and strategic planning. They will also review the effectiveness of these operations, with a view to further enhancing the effectiveness in the combat of such illegal and dangerous driving behaviour.
(d) According to existing legislation, any person who uses or causes or permits to be used on any road any vehicle which does not comply in all respects with the provisions of relevant regulations is liable to a fine of $10,000 and to imprisonment for 6 months. In addition, TD can issue a maintenance order to the vehicle owner. If the owner fails to comply with the maintenance order, TD is empowered to suspend his vehicle licence.
Moreover, a person who promotes or takes part in a race or trial of speed between vehicles on roads, to which the Commissioner of Police has not given consent in writing, commits an offence and is liable to a fine of $10,000, 10 driving-offence points, disqualification from driving for a period of 12 months and 12 months' imprisonment.
We have introduced a Bill into the Legislative Council in February this year to introduce a series of measures to enhance road safety, including, inter alia, requiring drivers who have committed serious traffic offences (including illegal motor racing) to attend driving improvement courses on a mandatory basis so as to improve their driving attitude through education.
The Police and TD will continue to monitor the situation and take active enforcement action against illegally-modified vehicles and illegal motor racing, and will review the relevant legislation if the situation warrants.
Ends/Wednesday, April 16, 2008
Issued at HKT 15:12
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