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Following is a question by Dr the Hon Chiang Lai-wan and a written reply by the Acting Secretary for Transport and Housing, Mr Yau Shing-mu, in the Legislative Council today (April 15):
Question:
It has been reported that as the practice of calling taxis through the use of mobile applications (Apps) has become prevalent in recent years, quite a number of owners of van-type light goods vehicles and private cars without hire car permits have been attracted to engage in the business of carrying passengers for hire or reward (illegal car hire service). In this connection, will the Government inform this Council:
(1) of the total numbers of persons prosecuted and convicted for operating illegal car hire service in the past three years, and the penalties imposed on them;
(2) whether the authorities will step up the enforcement efforts to curb the operation of illegal car hire service through the use of Apps; if they will, of the details; if not, the reasons for that;
(3) whether the authorities have assessed if the existing legislation is effective in combating the operation of illegal car hire service through the use of Apps; if they have, of the details; if not, the reasons for that; and
(4) whether the authorities will step up publicity to make members of the public understand that the operation of such car hire service is illegal and the risks they have to bear for travelling on such vehicles; if they will, of the details; if not, the reasons for that?
Reply:
President,
My reply to the various parts of Dr the Hon Chiang Lai-wan's question is as follows:
(1) The numbers of prosecution cases instituted by the Police for illegal carriage of passengers for reward were four in both 2012 and 2013, and nine in 2014. The Police do not maintain any records on the convictions and penalties of the relevant cases.
(2) and (3) Pursuant to Section 52 of the Road Traffic Ordinance (Cap. 374), it is an offence for any person to use light goods vehicles (LGVs) or private cars without hire car permits for carrying passengers for hire or reward. It is also an offence to solicit or attempt to solicit any person for hire or reward to travel in an LGV or a private car. Any person who commits any of the above-mentioned offences is liable to a fine of $5,000 and three-month imprisonment for a first conviction, and $10,000 and six-month imprisonment for a second or subsequent conviction. There are already clear control and penalties in the existing legislation over any form (including the use of mobile applications) of soliciting or attempting to solicit any person for hire or reward to travel in an LGV or a private car.
In addition, according to the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), a hire car permit shall be displayed inside the private car in respect of which it is issued for inspection. Thus, members of the public who intend to use hire car service may make an enquiry with the service operator or inspect the private car concerned to ascertain whether a hire car permit has been issued to the car.
The Police have been keeping an eye on such illegal activities. Depending on the circumstances, the Police will deploy plain-clothes police officers for "decoy operations". The Police will also collect intelligence and evidence during their routine patrol work for combating these illegal activities. The Police will continue to closely monitor the situation and step up enforcement actions where necessary.
(4) The Transport Department (TD) has conducted publicity and educational activities through various channels (including broadcasting of Announcements of Public Interest) to drive home to the public the message that it is an offence to use LGVs for carrying passengers for reward; and reminded the general public that passengers using illegal transport service may not have the necessary protection since the third party insurance covering the vehicle involved may be invalid in such circumstances. In addition, the TD will continue to communicate with the transport trades through regular meetings so as to remind drivers of the need to abide by the law.
On the other hand, the Police previously arranged stand-up press conferences after arrest operations against illegal carriage of passengers for reward so as to give the public and relevant parties a better understanding of the legal requirements and the consequences of any contravention. The Police will continue to make similar arrangements having regard to the circumstances.
To sum up, the Government will continue to combat illegal carriage of passengers for reward through efforts on three fronts, namely law enforcement, publicity and education.
Ends/Wednesday, April 15, 2015
Issued at HKT 13:30
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