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Following is a question by the Hon Regina Ip and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (May 8):
Question:
Under regulation 43 of the Road Traffic (Traffic Control) Regulations (Cap 374 sub leg G), "[n]o person shall use any audible warning device on a vehicle on a road except to warn any person on or near a road of danger." Moreover, the Commissioner for Transport may, in accordance with regulation 3 of the Regulations, erect on a road a traffic sign to prohibit a driver from sounding a horn within a restricted zone. However, I have received a complaint from a member of the public alleging that the situation of abusive use of audible warning device (i.e. indiscriminate sounding of horns) by drivers has been getting increasingly worse. The member of the public requested the Police to provide the figures on the relevant prosecutions and complaints, but the Police advised that such information was classified as personal data under the Personal Data (Privacy) Ordinance (Cap 486) (PD(P)O), and therefore the public had to apply for access to such information in accordance with the Code on Access to Information (the Code), with the possibility that such applications might be ultimately rejected after undergoing a complicated vetting and approval process. In this connection, will the Government inform this Council:
(a) of the number of prosecutions instituted for indiscriminate sounding of horns, and the respective numbers of relevant complaints received by the Police and the Transport Department, in the past five years;
(b) how the authorities have followed up the aforesaid complaints; whether they have examined if the penalties need to be raised; if they have, of the results; and how the authorities ensure effective law enforcement;
(c) of the current number of restricted zones prohibiting the sounding of vehicle horns in Hong Kong, and the criteria for designating such zones; whether the authorities will, upon request by members of the public and after conducting on-site assessments, designate the black spots of indiscriminate sounding of horns as such restricted zones; if they will not, of the reasons for that;
(d) of the reasons for the Police classifying the figures on the prosecutions and complaints against indiscriminate sounding of horns as personal data under PD(P)O and the detailed criteria for so doing; and what other figures pertaining to prosecutions and complaints are classified as personal data; and
(e) how long it normally takes a member of the public to have access to the figures on the prosecutions and complaints against indiscriminate sounding of horns requested under the Code; of the respective numbers of such applications received and rejected by the Police in the past five years, as well as the reasons for rejecting those applications and the types of information requested?
Reply:
President,
My reply to the Hon Regina Ip's question is as follows:
(a) and (b) Upon receiving complaints of "sounding audible warning device unnecessarily", the Transport Department (TD) will refer them to the Police for follow-up actions. The traffic condition of the location concerned and the driver's reason for sounding the horn will be identified for subsequent assessment and consideration of traffic management improvement measure, if necessary.
Upon receiving complaints of "sounding audible warning device unnecessarily" from the public, the Police will deploy patrolling officers in the relevant district to carry out on-site investigation. The Police will take enforcement action if contravention is confirmed. During their daily patrol duties, police officers will also institute prosecutions against offenders of the related offence.
The numbers of prosecutions and complaints regarding "sounding audible warning device unnecessarily" in recent years are tabulated at the Annex. The numbers have remained relatively stable.
"Sounding audible warning device unnecessarily" is a fixed penalty offence subject to a fine of HK$320. The Administration have no plan for the time being to raise the penalty of the offence. Nevertheless, the Administration will consider strengthening the publicity and education on the legislation concerned so as to remind drivers of the proper use of audible warning devices.
(c) There are currently 14 silent zones in Hong Kong. Since it has already been stipulated in the existing legislation that no person shall use any audible warning device on a vehicle on a road except to warn any person on or near a road of danger, TD will only designate nearby areas of noise-sensitive buildings, such as hospitals with in-patients, as silent zones.
(d) The numbers of prosecutions and complaints regarding "sounding audible warning device unnecessarily" are not subject to the protection of the Personal Data (Privacy) Ordinance. Members of the public may seek such data from the Police according to the Code on Access to Information (the Code).
(e) Data access applications to the Police made under the Code normally take ten days to process. According to the information maintained by the Traffic Branch Headquarters of the Police, no such applications have been received in the past five years.
Ends/Wednesday, May 8, 2013
Issued at HKT 12:01
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