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LCQ12: Restrictions imposed on drivers of Mainland commercial vehicles while driving such vehicles in Hong Kong
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     Following is a question by the Hon Poon Siu-ping and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, in the Legislative Council today (January 8):

Question:

     I have recently received complaints alleging that some Mainland drivers of cross-boundary vehicles are suspected of violating the relevant regulations by providing passenger-carrying service in Hong Kong, thus affecting the work opportunities and livelihood of local drivers. In this connection, will the Government inform this Council:

(1) of the number of Mainland commercial vehicles issued with a licence to run on the roads in Hong Kong at present; the number of Mainland commercial vehicles entering Hong Kong as well as the number of trips involved in each of the past three years; and

(2) of the restrictions currently imposed on drivers of Mainland commercial vehicles when driving such vehicles in Hong Kong, apart from those stipulated in the Road Traffic Ordinance (Cap. 374) and its subsidiary legislation; the measures taken by the Government for monitoring whether such drivers have violated such restrictions; whether any such driver was prosecuted in the past three years for violating such restrictions; if so, of the number of prosecutions instituted and the penalty generally imposed in respect of each restriction; if not, the reasons for that?

Reply:

President,

     Currently, Mainland cross-boundary commercial vehicles travelling between Guangdong and Hong Kong comprise Mainland cross-boundary goods vehicles and Mainland cross-boundary coaches only. Under the existing mechanism, Mainland cross-boundary goods vehicles and coaches which have been granted quotas for Hong Kong-Guangdong travels must obtain Approval Notices issued by the Guangdong Public Security Department (commonly known as Mainland Approval Notice). Such vehicles can travel between Hong Kong and Guangdong only after they have completed the relevant vehicle registration and licence requirements with the Transport Department (TD) and have been issued closed road permits (CRPs) for cross-boundary vehicles.

     Our reply to the various parts of the Hon Poon Siu-ping's question is as follows:

(1) As at end 2013, the number of Mainland cross-boundary goods vehicles and coaches granted quotas and holding valid CRPs was about 900. According to the records of the Immigration Department (ImmD) and the Customs and Excise Department, the number of trips to and from Hong Kong made by all cross-boundary commercial vehicles (including approximately 15 800 Hong Kong vehicles and 900 Mainland vehicles) in the past three years is tabulated below:

   Year                   Trips made by
                  cross-boundary vehicles (million)
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   2011                        9.1
   2012                        8.9
   2013                        8.1
(as at November 30)

     The Administration has not maintained any breakdown of the number of trips to and from Hong Kong made by Hong Kong and Mainland cross-boundary commercial vehicles.

(2) All vehicles running on the roads in Hong Kong, including Mainland cross-boundary commercial vehicles, are regulated by the Road Traffic Ordinance (Cap. 374) and its subsidiary legislation. Moreover, under the agreement between the Governments of Guangdong and Hong Kong Special Administration Region, drivers of Mainland cross-boundary commercial vehicles can only drive the vehicle specified on the Mainland Approval Notice. TD also requires that a cross-boundary vehicle holding a valid CRP can only be driven by the driver specified. The vehicle and driver concerned should not get involved in any illegal activities, otherwise, TD will consider revoking the respective CRP. In the past three years, no CRP of Mainland cross-boundary commercial vehicle was revoked by TD on grounds of involvement in illegal activities of the vehicle and the specified driver.

     In addition, when driving a Mainland cross-boundary commercial vehicle as specified on the Mainland Approval Notice across the boundary, the driver must hold an entry/exit permit with appropriate endorsement issued by the Mainland public security authorities. Having verified the driver's compliance with immigration requirements by ImmD officers at control points, ImmD will generally allow the driver to enter Hong Kong as a visitor. In accordance with the Immigration Ordinance (Cap. 115), visitors are not allowed to take up any employment, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable on conviction to a maximum fine of HK$50,000 and up to two years' imprisonment. ImmD, in collaboration with the Police and Labour Department, conducts anti-illegal employment operations from time to time. ImmD has not maintained any breakdown by occupation of the number of Mainland visitors who took up illegal employment in Hong Kong.

Ends/Wednesday, January 8, 2014
Issued at HKT 12:30

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