Replies to LegCo questions
LCQ19: Step up prosecution against spitting citizens
Following is a question by the Hon Kenneth Ting and a written reply by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in the Legislative Council today (May 28):
Question:
Will the Government inform this Council whether, in order to contain the continuous spread of atypical pneumonia in Hong Kong, it will follow the Guangzhou Municipal Government's practice of allowing law enforcement officers to make video recordings of spitting citizens and use them as evidence for prosecution, with a view to enhancing enforcement effects; if not, of the measures in place to step up prosecution against spitting citizens?
Reply:
Spitting is an offence under the Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap 570). An offender is liable to a fixed penalty of $600. Spitting is also an offence under the Public Cleansing and Prevention of Nuisances Regulation (Cap 132 sub leg). The maximum fine for an offender is $5,000 upon first conviction and $10,000 upon subsequent convictions.
Since the implementation of the Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap 570) on June 10, 2002, only 18 out of a total of about 1,900 spitting offenders issued with fixed penalty notices have disputed liability. None of them was subsequently acquitted by the Court. As the evidence produced by the prosecution was observed to be sufficient for the Court to rule against the offenders, we do not plan to use video recording of the offence as evidence for prosecution.
In view of the recent outbreak of atypical pneumonia, the Food and Environmental Hygiene Department has strengthened enforcement actions against spitting in public places. To increase the deterrent effect, enforcement officers have issued summonses in lieu of fixed penalty notices against spitting offenders since March 28, 2003.
End/Wednesday, May 28, 2003
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