LCQ17: Traffic Accident Victims Assistance Scheme
*************************************************

     Following is a question by the Hon Miriam Lau and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (January 12):

Question:

     According to a government press release, in November last year, the Police arrested 48 people suspected of making fraudulent claims of Traffic Accident Victims Assistance (TAVA).  Those involved in the cases claimed that they had sustained twisting injuries of various degrees of severity in traffic accidents.  After obtaining the sick leave certificates, they submitted falsified information to the Social Welfare Department (SWD) to obtain TAVA by deception, which involved more than $2 million in public money.  In this connection, will the Government inform this Council:

(a) of the total amount of TAVA paid out under the Traffic Accident Victims (Assistance Fund) Ordinance (Cap. 229) (the Ordinance) to road traffic accident victims or dependants of deceased victims in the past five years; among these cases, of the number of cases in which the recipients were prosecuted for allegedly making fraudulent claims of TAVA, the amount of money involved in such cases, the number of cases in which the people involved were convicted and their penalties;

(b) to ensure that TAVA can help those who are genuinely in need, of the measures that the authorities have in place to combat fraudulent claims of TAVA by law-breakers; targeting specially at dishonest behaviour of submitting falsified information to SWD after obtaining sick leave certificates, whether the authorities will establish a task force in collaboration with the Hospital Authority, SWD and other relevant government departments to review the current system for providing TAVA, including the means for strengthening the vetting of sick leave certificates and information provided by applicants to SWD, etc.;

(c) given that some members of the public have pointed out that the financial assistance offered under the TAVA Scheme (implemented in accordance with the Ordinance) is non-means tested and does not take into account the element of fault leading to the accident, and this may give law-breakers opportunities to obtain TAVA by deception, whether the authorities will consider reviewing the eligibility requirements for the TAVA Scheme; if they will, of the details; if not, the reasons for that; and

(d) whether the authorities will consider imposing heavier penalties on offences of fraud or conspiracy to defraud on TAVA so as to enhance deterrent effect, and stepping up publicity to urge the public not to commit such an offence out of momentary greed; if they will, of the details; if not, the reasons for that?

Reply:

President,

     The Traffic Accident Victims Assistance (TAVA) Scheme aims to provide speedy financial assistance to injured victims or kin of deceased victims in road traffic accidents.  It is non-means tested, and does not take into account the element of fault leading to the accident.  Payments are made for personal injuries while loss of or damage to property is not covered.  Any applicant who obtains TAVA by deception commits a criminal offence.  Apart from being ineligible for assistance, that applicant is also liable on conviction of fraud to imprisonment for a maximum of 14 years under section 16A of the Theft Ordinance, Cap. 210 of the Laws of Hong Kong.

     My reply to the four parts of the question raised by the Hon Miriam Lau Kin-yee is set out below:

(a) In the past five years, the amount of various TAVA grants disbursed under the Traffic Accident Victims (Assistance Fund) Ordinance (Cap. 229) is at Annex.

     During the five years between 2005-06 and 2009-10, the Social Welfare Department (SWD) referred 123 cases of suspected fraud to the Police for investigation and follow-up action.  Of these, 77 cases are still under investigation.  During the period, five persons involved in five cases of suspected fraud involving a sum of $138,016 had been prosecuted.  All of them were convicted and sentenced to imprisonment for two to six months.

     In end-2010, the Police conducted an operation in which a total of 102 persons suspected to have obtained TAVA by deception in the past two years (including suspected cases of fraud referred by SWD) were arrested or are still wanted.  Investigation and follow-up action by the Police are underway.

(b) and (c) The TAVA Scheme is a social welfare initiative which aims to provide speedy financial assistance to injured victims or kin of deceased victims in road traffic accidents.

     To prevent abuse of public money and fraud, an applicant will only be eligible for TAVA if the following conditions are fulfilled:

(i) the accident has to be reported to the Police and determined by the Police as a road traffic accident; and

(ii) the victim is injured or killed in the accident.  In case of injury, the injured victim must be certified by a registered doctor that such injury requires hospitalisation of no less than three days or with proof for medical leave of no less than three days issued by a registered doctor or a registered Chinese medicine practitioner.  

     SWD staff will carefully review and consider each application before disbursing TAVA grants to an eligible applicant.

     SWD has an established mechanism to verify the information and documents submitted by applicants to ensure that TAVA can help those with genuine needs.  SWD also collaborates and maintains close liaison with the Police, the Hospital Authority (HA) and the Department of Health (DH) to thoroughly review suspicious traffic accidents, medical proof and medical reports.  Depending on circumstances, medical proof and medical reports will also be passed to HA and DH for re-assessment and suspected cases of fraud will be referred to the Police for investigation and follow-up action.

     In addition, the TAVA Advisory Committee holds meetings regularly to discuss the operation of the TAVA Scheme and, on a need basis, advise the Director of Social Welfare on matters related to the TAVA Scheme, including the guidelines for application of the TAVA Scheme.

(d) When processing an application, SWD will clearly explain to the applicant that obtaining TAVA by deception is a criminal offence.  Apart from being ineligible for assistance, the applicant is also liable on conviction to imprisonment for a maximum of 14 years under section 16A of the Theft Ordinance.  A warning, with the relevant section of law cited, is printed on the application form and leaflets of the TAVA Scheme to make it clear that obtaining TAVA by deception is a criminal offence.

     To facilitate members of the public to report suspected cases of fraud, SWD has prepared report forms for distribution at government offices where application forms of the TAVA Scheme are available.  The report form has also been uploaded onto SWD's website.  People may also provide information to the TAVA Section of SWD by phone (Tel.: 2832 4603 / 2834 7472).  When SWD receives such a report and finds that any person has provided untrue information in an attempt to obtain TAVA by deception, it will refer the case to the Police for investigation and follow-up action.  If unlawful acts are involved, the Police will take out prosecution.

Ends/Wednesday, January 12, 2011
Issued at HKT 11:40

NNNN