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Following is a question by the Hon Mrs Regina Ip and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (March 16):
Question:
Given that activities of unauthorised display of commercial publicity materials on the streets, in particular those involving the use of easy-mount frames, are increasingly rampant, the Government briefed members of the Panel on Food Safety and Environmental Hygiene of this Council at its meeting on December 9, 2008 on the new enforcement and prosecution approach to tackle the unauthorised display of bills and posters in public places. The authorities indicated that paraphernalia such as easy-mount frames used for the display of bills and posters would be removed together with the bills and posters as evidence of contravention of section 104A of the Public Health and Municipal Services Ordinance (Cap. 132) (section 104A). The new approach has already been adopted in nine District Council (DC) districts. In this connection, will the Government inform this Council:
(a) of the number of complaints received by the Food and Environmental Hygiene Department (FEHD) in 2010 about activities of display of publicity materials, the number of easy-mount frames seized, the number of summonses issued under section 104A, as well as the number of those who were the beneficiaries of publicity materials among the people who were prosecuted;
(b) as it is stipulated in section 104A(1)(b) that, except with the written permission of the Authority, it is an offence to display or affix bills or posters on any Government land, whether the authorities have studied if it is difficult to invoke the provision to prosecute those persons displaying publicity materials who have not placed them directly on Government land; if they have studied, of the outcome;
(c) whether the authorities have assessed if the existing enforcement and prosecution approach (including the prosecution rate) is effective in deterring activities of unauthorised display of publicity materials; if they have assessed, of the outcome;
(d) given that FEHD may at present issue fixed penalty notices (FPNs) to offenders who have caused obstruction in public places under section 4A of the Summary Offences Ordinance (Cap. 228) (section 4A), of the number of relevant complaints received by the authorities each year from 2009 to 2010 as well as the number of FPNs issued;
(e) as the authorities have pointed out that there have been extensive public complaints of street obstruction caused by activities of display of publicity materials, of the justifications for FEHD to prosecute the people concerned by invoking the provision of "prohibition on display of bills or posters without permission" (i.e. section 104A) instead of the provision of "obstruction of public places" (i.e. section 4A); and
(f) whether the law enforcement actions under section 104A and section 4A are at present undertaken by the same team of frontline staff of FEHD; if so, of the manpower responsible for law enforcement in each DC district; if not, the two types of manpower in each DC district at present?
Reply:
President,
To address the increasingly rampant activities of display of commercial publicity materials on the streets with the use of easy-mount frames and similar installations, which have seriously affected cleanliness of streets and caused inconvenience to pedestrians, the Food and Environmental Hygiene Department (the FEHD) submitted a proposal to extend a new enforcement and prosecution approach (the new approach) to the whole territory, at the meeting of the Legislative Council Panel on Food Safety and Environmental Hygiene (the Panel) held on December 9, 2008. Under this new approach, easy-mount frames and similar installations used for unauthorised display in public places will be seized as evidence and the persons concerned will be prosecuted for having displayed or affixed such bills or posters in public places without permission according to section 104A under the Public Health and Municipal Services Ordinance (Cap 132) (the Ordinance). Given that Members held different views on extending the new approach to the whole territory, the FEHD had not proceeded with the full implementation of the proposal, and only extended it to individual districts upon the request of District Councils (DCs). In response to the requests of respective DCs, the FEHD has implemented the new approach in nine districts, namely Wan Chai, Yau Tsim Mong, Kowloon City, Tsuen Wan, Kwun Tong, Central and Western, Southern, Yuen Long and Sham Shui Po. On February 2, 2011, we provided the Panel with an information note, informing Members of the progress in the implementation of the new approach.
My reply to the specific questions is as follows:
(a) The numbers of complaints and prosecutions against using easy-mount frames for promotion in 2010 are set out as follows:
- Number of complaints: 2,294
- Number of easy-mount frames and similar display apparatus being seized: 13,916
- (i) Number of prosecutions against the display of publicity materials under section 104A of the Ordinance: 105
(ii) Number of prosecutions against the beneficiaries of publicity materials under section 104D of the Ordinance: 64
(b) It is stipulated in section 104A(1)(b) of the Ordinance that no bill or poster shall be displayed or affixed on any Government land, except with the written permission of the Authority. Publicity materials that are not directly placed on the ground, such as those held by or put on a person, are not subject to regulation under this provision.
(c) As the new approach was put into implementation upon the request of individual DCs, the commencement dates of implementation varied amongst districts. Hence, the relevant prosecution figures may not be able to fully reflect the effectiveness of the new approach. Notwithstanding this, with the full support of the DCs concerned and strengthened publicity and warning, enforcement actions have been carried out smoothly and the situation of the relevant districts has improved. In addition, to enhance the effectiveness of enforcement, the FEHD, after a recent review of the current enforcement mode, has decided to issue fixed penalty notices under the Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap 570) to persons contravening section 104A(2) of Cap 132, starting from March this year. Before the change of the mode of enforcement, the FEHD has arranged for publicity and warnings targeting at the relevant parties.
(d) Section 4A of the Summary Offences Ordinance (Cap 228) is enforced by officers of the FEHD through issuance of court summonses (not fixed penalty notices) or by arrest. The FEHD received 21,406 and 24,483 complaints concerning obstruction in public places in 2009 and 2010 respectively and 26,285 and 23,537 prosecutions were initiated under section 4A of the Summary Offences Ordinance.
(e) Given that the Ordinance contains an express provision against unauthorised display or posting of bills and posters and there is a direct link of easy-mount frames with display of bills and posters, it is appropriate for the FEHD to take enforcement actions under the Ordinance against activities involving the use of easy-mount frames and seize the easy-mount frames and similar equipment as evidence. Besides, the FEHD may, having regard to the actual circumstances, initiate prosecution concerning promotional booths which cause obstruction in public places under section 4A of the Summary Offences Ordinance.
(f) At present, Cleansing Foremen and staff of the Hawker Control Teams under the FEHD are responsible for handling the unauthorised display of bills and posters using easy-mount frames on the streets according to section 104A of Cap 132. As for prosecution concerning obstruction in public places under section 4A of Cap 228, it is undertaken by the Hawker Control Teams. Please refer to the Annex for the strength of these two categories of staff in the District Offices (Environmental Hygiene) of the FEHD by DC districts.
The FEHD will continue to monitor the situation and review its enforcement strategies from time to time to improve the effectiveness of enforcement.
Ends/Wednesday, March 16, 2011
Issued at HKT 15:09
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