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Following is a question by the Hon Audrey Eu and a reply by the Secretary for Transport and Housing, Ms Eva Cheng, at the Legislative Council meeting today (November 18):
Question:
Some members of the public have relayed to me their concern about the increasing number of cross-boundary vehicles running in Hong Kong. They have from time to time found that some owners of these vehicles have affixed heat-insulating and light-transmitting colour films on the windscreens and windows of their vehicles, and are suspected to have breached the requirement of 44% minimum light transmission rate for vehicle windows. They have also pointed out that the mainland vehicles providing cross-boundary ambulance services resemble the ambulances in Hong Kong in appearance, and can easily cause confusion to the public; besides, such vehicles have installed and use emergency sirens and warning lights not for indicating directions. In this connection, will the Government inform this Council:
(a) of the mechanism in place for the authorities to deal with the above motorists who are suspected of violating the traffic regulations in Hong Kong and the vehicles concerned, as well as the number of prosecutions in the past five years; and
(b) focusing on the significant increase in the number of mainland ambulances providing cross-boundary medical transfer services, whether the authorities will step up the regulation and monitoring of such vehicles running in Hong Kong; if they will, of the details; if not, the reasons for that?
Reply
President,
All cross boundary vehicles travelling between Hong Kong and the Mainland are subject to regulation by the Hong Kong and Guangdong governments. They are subject to quota control. Non-commercial vehicles travelling on these quotas between Hong Kong and the Mainland may be classified into two categories. The first category comprises vehicles registered and licensed in Hong Kong, including Government vehicles and private cars meeting investment threshold in the Mainland. The second category comprises those from the Mainland Government, affiliated departments or business entities. These vehicles are running in Hong Kong under International Circulation Permits (ICPs), and are not required to be registered and licensed in Hong Kong. They are referred to as ¡§cross-boundary vehicles¡¨ in the Member¡¦s question. The purpose of issuing quota to these vehicles is to foster official and business exchange between the two places.
As agreed between the two governments, the relevant Mainland authorities may issue quotas to eligible departments or units, but vehicles travelling to Hong Kong on such quotas could not be used for commercial purposes. These vehicles are only allowed to stay temporarily in Hong Kong and should apply for an ICP in accordance with the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap.374E) before they are used on the roads in Hong Kong.
Regarding the construction requirements of cross boundary vehicles, most European and American countries, having regard to the short period of stay of these vehicles, only require compliance with the standards set out in international treaties, and will not require such vehicles to comply in full the standards applicable to their local vehicles. The practice in Hong Kong is broadly similar. Pursuant to regulation 3(a) of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap.374A), vehicles holding ICPs should comply with the construction requirements under the relevant international convention. The requirements include prohibiting, without the approval of the Commissioner for Transport (CforT), the installation of sirens and flashing lights that are not direction indicators, and requiring windscreens to be made of stable and transparent substance and that objects seen through the windscreens should not be distorted. The requirements regarding the light transmission rate of windows and glasses of local vehicles do not apply to these vehicles with temporary stay in Hong Kong.
Our replies to the specific questions are as follows:
(a) The Police has been consistent in their enforcement actions against all vehicles and drivers in Hong Kong and will take prosecution actions against any contravention according to local road traffic legislation. CforT has the authority to revoke the ICPs issued if the vehicles concerned are found to have violated any of the conditions of issue.
As the requirements regarding the light transmission rate of windows and glasses of local vehicles do not apply to vehicles staying temporarily in Hong Kong under an ICP, we do not have the relevant prosecution figures. As regards Mainland vehicles installed with sirens and flashing lights that are not direction indicators, they do not comply with the existing legislative requirements. We do not have any record of prosecution in this aspect for the past 5 years.
(b) We are concerned about recent media reports alleging that Mainland ambulances travelling to Hong Kong are not in compliance with our legislative requirements. Relevant departments in Hong Kong have closely monitored the situation and will take appropriate action as necessary.
When vetting applications for ICPs, the Transport Department (TD) will examine in detail the information provided on the concerned vehicles including the units to which such vehicles belong, vehicle types, nature of use, etc so as to assess whether the vehicles concerned would meet all conditions of issue. In case of doubt, TD will request further information from the relevant Mainland authorities and the relevant units or applicants.
Relevant departments will also step up monitoring of the entry of Mainland vehicles. If the law enforcement departments at the control points have observed any Mainland vehicles installed with sirens and flashing lights that are not direction indicators, they will notify the Police and TD for taking appropriate follow-up actions. The Police will also take prosecution actions in accordance with the law against Mainland vehicles if they are found to have violated the road traffic legislation, including equipment with non-approved devices. If there is evidence to prove that the relevant vehicles have breached the conditions of issue of ICPs, CforT will revoke the relevant ICPs.
In addition to taking follow-up actions in accordance with the conditions of issue of ICPs, TD will request the Mainland authorities to follow-up on any Mainland vehicle suspected of having breached the quota conditions (such as engaging in carrying of passengers for reward) with a view to removing any abuses.
Ends/Wednesday, November 18, 2009
Issued at HKT 14:36
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