************************
Following is a question by the Hon Wong Ting-kwong and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (February 3):
Question:
I have received complaints that recently, an increasing number of people who are physically handicapped, old or dressed as monks beg or appeal for money on the streets in districts where pedestrian flow is heavy. The complainants suspected that these people came from the Mainland. Under section 26A of the Summary Offences Ordinance (Cap. 228), any person who places himself or herself in any public place, street or waterway to beg or gather alms commits an offence, and is liable on conviction to a fine of $500 and to imprisonment (for one month for a first or second offence and for 12 months for a third or subsequent offence). In this connection, will the Government inform this Council:
(1) of the number of Mainlanders arrested in each of the past five years for begging, with a breakdown by their circumstances (i.e. being physically handicapped, old, dressed as monks or others) and the districts in which they were arrested; the respective numbers of persons prosecuted and convicted among those who were arrested; the heaviest punishment imposed by the court on those convicted, as well as the number of persons on whom such heaviest punishment was imposed;
(2) of a breakdown of the Mainlanders arrested as mentioned in (1) by the type of instruments on the strength of which they entered Hong Kong; among them, the number of those persons convicted for begging for two or more times, as well as the respective average and maximum numbers of times for which they were convicted;
(3) as the Hong Kong Buddhist Association has pointed out that there is no need for local monks to appeal for money on the streets and that they would only raise funds in a lawful manner, of the authorities' measures to remind members of the public to maintain vigilance and that they should not casually give alms to persons dressed as monks on the streets; and
(4) whether the authorities will review the relevant legislation to raise the penalties for offences relating to begging in order to enhance the deterrent effect; if they will, of the details; if not, the reasons for that?
Reply:
President,
(1),(2) and (4) Any person who begs or gathers alms at any public place may contravene Section 26A of the Summary Offences Ordinance (Cap. 228). On conviction for a first or second offence, the person is liable to a fine of $500 and to imprisonment for one month; and for a third or subsequent offence, to a fine of $500 and to imprisonment for 12 months. The Police will initiate investigation against persons suspected of engaging in begging activities in the territory, and take appropriate actions based on the circumstances of each case. Regardless of whether the persons concerned are Hong Kong residents, the Police will consider whether to lay related charges based on the evidence available. We have no plan to revise the penalties concerned at the moment. The Police will keep a close watch on the situation and maintain close contact with Mainland law enforcement agencies, including relaying regularly to these agencies information on such crimes committed by Mainlanders in Hong Kong.
During the past five years, cases involving arrest, prosecution and sentencing of Mainlanders for begging were mostly found in areas around Central, Yau Tsim and Mong Kok Districts, and the relevant figures are at Annex. The majority of Mainlanders arrested by the Police for begging entered Hong Kong with Exit-entry Permits for Travelling to and from Hong Kong and Macau (commonly known as "Two-way Permits"). The Police do not maintain a statistical breakdown of Mainlanders arrested for begging by whether they are repeated offenders, or by their status and physical features.
(3) Based on the principle of protecting religious freedom, the Government, as always, respects the freedom of religious organisations and individuals to conduct religious activities. However, all organisations, whether or not religious nature, shall abide by the laws of Hong Kong. The relevant departments will follow up on any unlawful fund-raising activities. The Police call on the public to make a report if they encounter suspected illegal begging or fund-raising activities by "persons who appear to be monks" or other persons.
Ends/Wednesday, February 3, 2016
Issued at HKT 12:46
NNNN
