Replies to LegCo questions
LCQ18: Street obstruction
Following is a question by the Hon Kwok Ka-ki and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council
today (April 17):
Question:
It has been reported that the Food and Environmental Hygiene Department (FEHD)
issued a "Notice to Remove Obstruction" (Notice) under the Public Health
and Municipal Services Ordinance (Cap. 132) to an elderly scavenger at
Wellington Street in Central on December 5, 2012, ordering her to remove
her articles placed on the road and the pavement within four hours, or
else further law enforcement actions would be taken. Some members of the
public have pointed out that there are commercial publicity materials
placed for a long time on quite a number of streets in various districts
in Hong Kong, while some print media place and distribute newspapers and
magazines at various MTR exits, pedestrian crossings and major pedestrian
links, and some organisations also set up booths on the streets as well as
hang up banners to propagate their beliefs in various districts. They have
queried why the authorities do not take law enforcement actions against
the people concerned. In this connection, will the Government inform this
Council:
(a) of the number of complaints received by FEHD in the past five years
from various districts in Hong Kong about the articles of elderly
scavengers causing street obstruction and becoming an eyesore, etc., and
among them, the respective numbers of cases in respect of which FEHD had
issued Notices and instituted prosecutions;
(b) of the number of complaints received by FEHD in the past five years
from various districts in Hong Kong about commercial activities (including
demonstration and promotion of commercial products as well as registration
for telecommunications services such as broadband connections and mobile
network, etc.) and publicity activities of organisations causing street
obstruction, etc., and among them, the respective numbers of cases in
respect of which FEHD had issued Notices and instituted prosecutions;
(c) of the number of complaints received by FEHD in the past five years
from various districts in Hong Kong concerning print media placing and
distributing newspapers and magazines at various MTR exits, pedestrian
crossings and major pedestrian links, and among them, the respective
numbers of cases in respect of which FEHD had issued Notices and
instituted prosecutions; and
(d) whether the authorities will, upon receipt of the complaints mentioned
in (a) to (c), determine if law enforcement actions are to be taken on
account of the identities of the persons under complaint, the numbers of
complaints against them and the gravity of the cases; if they will, of the
specific standards of and legal basis for law enforcement?
Reply:
President,
Under Section 22(2)(a) of the Public Health and Municipal Services
Ordinance (Cap. 132), if any article or thing is found to be so placed as
to cause obstruction to any scavenging operation, the Food and
Environmental Hygiene Department (FEHD) may cause to be served upon the
owner of such article, or, where the owner cannot be found or ascertained,
cause to be attached to such article, a notice requiring the owner to
remove the same within a period of four hours after the notice is so
served or attached; and to prevent the recurrence of such obstruction by
the article during such period, as may be specified in the notice. In case
of non-compliance, FEHD will remove the article concerned.
The location mentioned in the question is the junction of Wellington
Street and Gutzlaff Street in Central. There, the pavements are narrow
while the pedestrian and vehicular flows are high. The location is also
home to many restaurants and shops. The activities of scavengers handling
a large quantity of waste paper/recyclables are liable to cause
environmental hygiene problems and street obstruction there. It has been
the subject of frequent complaints received by FEHD. The District
Management Committee of the Central and Western District Council is also
very concerned about the problem of obstruction of pavements and
carriageways by scavengers who pack and stack waste paper/articles at the
aforesaid location. It has requested FEHD and relevant government
departments to follow up the issue and report to the Committee on a
regular basis.
According to records, the FEHD received a complaint in the afternoon of
December 5 last year about a scavenger placing and handling miscellaneous
articles on the roadside of the above-mentioned location, causing
obstruction and environmental hygiene problems. Investigations by FEHD
revealed that the scavenger concerned had placed a large quantity of
articles collected, such as cardboard, etc., on the street and caused
obstruction. She was given verbal warnings but failed to remove the
articles as instructed. FEHD officers thus attached a notice to the
articles in accordance with the said Ordinance. Subsequent checking by
FEHD showed that the articles in question had been removed.
Since then, the scavenger concerned has not been found obstructing
scavenging operations or affecting environmental hygiene again.
My reply to the various parts of the question is as follows:
(a) The number of complaints received by FEHD in the past five years about
street obstruction and environmental hygiene problems caused by articles
belonging to the scavengers in various districts and details of the
enforcement actions are listed in Annex 1.
(b) The number of complaints received by FEHD in the past five years about
street obstruction caused by commercial activities and publicity campaigns
of organisations in various districts and details of the enforcement
actions are listed in Annex 2.
(c) The number of complaints received by FEHD in the past five years about
street obstruction caused by the distribution of newspapers and magazines
in various districts and details of the enforcement actions are listed in
Annex 3.
(d) The core function of FEHD is to upkeep environmental hygiene. Hence,
it accords priority to handling cases involving obstruction to scavenging
operations, and takes enforcement action (including issuing warning to or
instituting prosecution against the persons concerned) under Section
22(2)(a) of the Public Health and Municipal Services Ordinance (Cap. 132)
in the light of the circumstances and findings in non-compliance cases.
In general, FEHD officers will first issue a warning to the owner of
articles causing obstruction. Enforcement action will be taken as
appropriate in accordance with Section 4A of the Summary Offences
Ordinance (Cap. 228) only if the warning is not heeded. Before initiating
prosecutions, FEHD officers will determine whether there is adequate
evidence to take enforcement action under the Ordinance, taking into
consideration factors including whether the walkway is clear, the size of
the articles as well as the duration and location of their placement, and
whether they will cause any obstruction or inconvenience to pedestrians.
According to observation by FEHD, the distribution of newspapers and
magazines does not normally cause any obstruction to scavenging
operations.
Under Section 104A(1) of the Public Health and Municipal Services
Ordinance (Cap. 132), except with the written permission of the Authority,
a person displaying or affixing a bill or poster on any Government land
commits an offence. If any display of commercial publicity materials on
the street is found, FEHD officers will remove them immediately.
Prosecution will be instituted immediately against anyone found affixing a
bill or poster at the scene. FEHD will also institute prosecutions under
Section 104D(1) of the above Ordinance against persons who may benefit
from the display of such publicity materials if there is adequate
evidence.
Ends/Wednesday, April 17, 2013
Issued at HKT 16:01
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LCQ18 Annexes