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Following is a question by the Hon Tang Ka-piu and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (March 27):
Question:
The authorities published a set of practice notes for managing air quality in air-conditioned buses and railway facilities (practice notes) in November 2003 to provide guidance on how to ensure the maintenance of better air quality inside these facilities and compartments. Moreover, the Audit Commission made a number of recommendations regarding the practice notes in 2011 with a view to improving the indoor air quality in public transport facilities. The recommendations include: (i) publishing on the website of the Environmental Protection Department the extent of compliance with the practice notes by public transport operators (operators) for public information; (ii) giving commendations to operators for adopting the practice notes; and (iii) publishing indoor air quality practice notes for other public transport facilities. The authorities subsequently advised that they would examine the feasibility of these recommendations. In this connection, will the Government inform this Council:
(a) whether the authorities have reviewed the practice notes since November 2003; if they have, of the outcome of the review; if not, the reasons for that;
(b) whether it has put in place a mechanism to regularly monitor if operators have complied with the practice notes; if so, of the details of the mechanism; if not, the reasons for that; whether the operators are required to submit reports regularly on their extent of compliance with the practice notes; if so, of the details, if not, the reasons for that;
(c) whether the authorities have proposed to the operators to improve the design of train/bus components or provide additional installations in order to improve in-vehicle air quality and meet the air quality objectives under the practice notes; if they have, of the details; if not, the reasons for that;
(d) of the follow-up actions taken by the authorities against the operators for non-compliance with the practice notes; whether they will consider penalising those operators who have persistently failed to make improvement; if they will, of the details; if not, the reasons for that;
(e) of the results of the examination of the feasibility of the aforesaid recommendations conducted by the authorities; whether they have plans to implement such recommendations; if they have, of the details of such plans; if not, the reasons for that;
(f) given that according to the information of the Centre for Health Protection, maintaining good indoor ventilation is conducive to the prevention of infectious diseases including influenza, whether the authorities will, on the premise of safeguarding public health, consider replacing the practice notes with a statutory regulatory regime; if they will, of the legislative timetable; if not, the reasons for that; and
(g) as it has been reported that Kowloon Motor Bus Company (1933) Limited has, of its own accord, abolished the fresh-air extraction function of its buses without authorisation from the Transport Department, resulting in the carbon dioxide concentration inside the buses higher than the level prescribed in the practice notes,
(i) of the follow-up actions taken by the authorities in this regard;
(ii) of the number of complaints received by the authorities in the past five years concerning franchised bus companies violating the practice notes, as well as the details, progress and results of the investigations conducted by the authorities into these complaints;
(iii) whether at present there are laws prohibiting unauthorised conversion of the installations concerned by franchised bus companies, and imposing penalty on offenders; if there are, of the details; if not, the reasons for that; and
(iv) whether the authorities have assessed the impact of in-vehicle carbon dioxide concentration exceeding the prescribed level on the occupational safety of bus drivers and traffic safety, as well as the risk of passengers contracting infectious diseases; if they have, of the details; if not, the reasons for that?
Reply:
President,
(a) In 2003, the Environmental Protection Department (EPD) issued two sets of practice notes (Practice Notes) for managing indoor air quality (IAQ) in air-conditioned bus facilities and air-conditioned railway facilities respectively. In addition to specifying the benchmark levels for carbon dioxide concentration, the Practice Notes set out the responsibilities of the transport operator, relevant considerations for facility design, operational practice, maintenance and air monitoring requirements, in order to maintain a good IAQ in the relevant transport facilities. The EPD has been monitoring the latest international developments on the management of IAQ in transport facilities, for timely review and revisions to the related Practice Notes. The existing Practice Notes are comprehensive and stringent in comparison with the practice of other countries, and they are useful for the management of the transport facilities to ensure good IAQ in their facilities.
(b), (c) & (e) Being responsible enterprises, the public bus and railway operators are responsible for providing good IAQ in their facilities (including passenger compartments) to passengers. In order to help the concerned operators achieve this objective, we issued the Practice Notes for them to regularly monitor IAQ of their facilities and take necessary improvement measures to maintain good IAQ. In view of the public concern on the air quality inside the bus and railway transport facilities, we have asked the bus and railway operators to follow the guidelines in the Practice Notes.
With regard to the recommendations of the Audit Commission in 2011 to improve IAQ, the EPD will work with bus and railway operators to study on how to publish their compliance level with the Practice Notes (including the compliance with the benchmark levels for carbon dioxide concentration) for public information. For other public transport facilities, the EPD has commenced the preparation of a practice note for managing IAQ in ferries. We are now conducting consultation with the relevant trade on the proposed practice note.
(d) The Practice Notes are aimed to help bus and railway operators strengthen air quality management inside relevant transport facilities on a self-regulatory basis. Should there be any deviation from complying the Practice Notes, the EPD will urge the bus and railway operator concerned to improve the situation as soon as possible.
(f) In 2006, the EPD commissioned a consultancy study to review the IAQ Management Programme including whether to impose legislative control on IAQ. The consultancy study was completed in 2011. It indicated that most of the countries or areas that are concerned on IAQ adopted a self-regulatory approach on IAQ management. The consultant also pointed out that, if the legislative control on IAQ is pursued, the problems in respect of apportionment of legal responsibility between premises owners and users could be difficult to resolve. Hence, the consultant suggested maintaining the current self-regulatory approach, and keeping in view of the international developments on this issue when considering the need of imposing legislative control on IAQ in future. Regarding the Practice Notes, we will monitor the latest international developments and conduct timely review and revision.
(g)(i) Recently, it has been reported that Kowloon Motor Bus Company (1933) Limited (KMB) has, of its own accord, abolished the fresh-air extraction function of its buses without authorisation from the Transport Department (TD). We understand that KMB publicly explained and responded to this issue on March 11, 2013. It would be helpful for the passengers to understand and monitor IAQ of the public transport facilities, once the public bus and railway operators have regularly published IAQ information of their facilities in future.
(ii) In the past five years, the EPD received one complaint case from public concerning franchised bus company violating the Practice Note. The complainant cited the recent newspaper report about the abolishment of the bus fresh-air intake system by KMB, and expressed discontent. Regarding this case, the EPD had issued a letter to KMB urging them to follow the Practice Notes.
(iii) For any bus alterations which would affect the construction safety of buses, the bus company has to apply for prior approval from the TD. If the alteration would affect the air quality inside the bus compartment, the TD will refer the case to the EPD for assessment and consideration. During the regular bus inspections, the TD will check and ensure that the construction of buses complies with the requirements of the Road Traffic Ordinance.
(iv) When setting the benchmark levels for carbon dioxide concentration in the existing Practice Notes, the EPD has taken into account the risk of health effects to the passengers. The aim is to provide sufficient ventilation to the bus compartment to safeguard the health of passengers. Therefore, if the carbon dioxide concentration inside the bus compartment exceeds the benchmark level as caused by insufficient ventilation, the bus and railway operators should take effective measures to satisfy the requirements of the Practice Notes.
Maintaining good ventilation in public transport is conducive to the prevention of respiratory tract infection like influenza which may spread through droplets and hence safeguarding public health. The Centre for Health Protection has communicated with the TD to request all operators/service providers of public transport to follow the guidelines in the Practice Notes and ensure good ventilation with sufficient fresh air supply in air-conditioning system in public transport.
Ends/Wednesday, March 27, 2013
Issued at HKT 15:12
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