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OFFICIAL RECORD of PROCEEDINGS Wednesday, 16 LEGISLATIVE COUNCIL ─ 16 April 2008 5889 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 16 April 2008 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.M., G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. 5890 LEGISLATIVE COUNCIL ─ 16 April 2008 THE HONOURABLE BERNARD CHAN, G.B.S., J.P. THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM, J.P. THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 16 April 2008 5891 THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG 5892 LEGISLATIVE COUNCIL ─ 16 April 2008 PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN THE HONOURABLE MRS ANSON CHAN, G.B.M., J.P. MEMBERS ABSENT: THE HONOURABLE CHOY SO-YUK, J.P. THE HONOURABLE ALBERT JINGHAN CHENG, J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, J.P. THE FINANCIAL SECRETARY THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE TSANG TAK-SING, J.P. SECRETARY FOR HOME AFFAIRS LEGISLATIVE COUNCIL ─ 16 April 2008 5893 THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL 5894 LEGISLATIVE COUNCIL ─ 16 April 2008 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Airport Authority Ordinance (Map of Restricted Area) Order .................................................... 73/2008 Securities and Futures (Contracts Limits and Reportable Positions) (Amendment) Rules 2008 ............... 74/2008 Other Papers No. 85 ─ Annual Report of The Standing Committee on Legal Education and Training for the period from 1 September 2006 to 31 August 2007 No. 86 ─ Approved Estimates of Income and Expenditure for the financial year 2008-2009, Securities and Futures Commission WRITTEN ANSWERS TO QUESTIONS Illegal Modification of Vehicles and Illegal Motor Racing 1. MR ANDREW CHENG (in Chinese): President, regarding illegal modification of vehicles (that is, modification of vehicles rendering them not in compliance with the Road Traffic (Construction and Maintenance of Vehicles) Regulations) and illegal motor racing, will the Government inform this Council: (a) of the respective numbers of prosecutions and convictions involving illegally-modified vehicles in each of the past three years; (b) of the respective numbers of complaints, prosecutions and convictions involving illegal motor racing in each of the past three years, and the number of traffic accidents suspected or confirmed to LEGISLATIVE COUNCIL ─ 16 April 2008 5895 have been caused by illegal motor racing, as well as the resultant casualties; (c) whether it has assessed if illegal motor racing has become increasingly rampant in recent years; if the assessment result is in the affirmative, of the new measures in place to step up combating illegal motor racing; and (d) whether it will consider increasing the penalties for illegal modification of vehicles and illegal motor racing; if so, of the details? SECRETARY FOR THE ENVIRONMENT (in the absence of Secretary for Transport and Housing) (in Chinese): President, (a) The police institute prosecutions against vehicles which are illegally modified or which fail to comply with the requirements on maintenance, markings, and so on, under the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A). Since the police do not have the breakdown on the statistics on the above types of prosecution, we cannot provide the relevant statistics involving illegally-modified vehicles. (b) In 2005, 2006 and 2007, the police received 319, 351 and 497 complaints involving illegal motor racing respectively. Among these complaints, 70, 42 and 31 cases respectively were confirmed to be related to motor racing after investigation. In the past three years, 5 596, 7 916 and 9 167 persons were prosecuted in police's operations against illegal motor racing respectively. Depending on the circumstances and evidence of individual cases, these persons were charged the offences of illegal motor racing, dangerous driving, careless driving or speeding. Most of them were convicted. Regarding the related traffic accident and casualty statistics, since neither the police nor the Transport Department (TD) have the breakdown on traffic accidents caused by illegal motor racing, we cannot provide the relevant statistics. 5896 LEGISLATIVE COUNCIL ─ 16 April 2008 (c) Statistics of the past three years do not indicate that illegal motor racing has become increasingly rampant in recent years. The number of prosecutions against illegal motor racing instituted by the police demonstrates that their planning and execution of enforcement operations against illegal motor racing have been effective. The police have always accorded attention to the problem of illegal motor racing. They will continue to carry out enforcement operations against illegal motor racing through collection of intelligence and strategic planning. They will also review the effectiveness of these operations, with a view to further enhancing the effectiveness in the combat of such illegal and dangerous driving behaviour. (d) According to existing legislation, any person who uses or causes or permits to be used on any road any vehicle which does not comply in all respects with the provisions of relevant regulations is liable to a fine of $10,000 and to imprisonment for six months. In addition, the TD can issue a maintenance order to the vehicle owner. If the owner fails to comply with the maintenance order, the TD is empowered to suspend his vehicle licence. Moreover, a person who promotes or takes part in a race or trial of speed between vehicles on roads, to which the Commissioner of Police has not given consent in writing, commits an offence and is liable to a fine of $10,000, 10 driving-offence points, disqualification from driving for a period of 12 months and 12 months' imprisonment. We have introduced a Bill into the Legislative Council in February this year to introduce a series of measures to enhance road safety, including, inter alia, requiring drivers who have committed serious traffic offences (including illegal motor racing) to attend driving improvement courses on a mandatory basis so as to improve their driving attitude through education. The police and the TD will continue to monitor the situation and take active enforcement action against illegally-modified vehicles and illegal motor racing, and will review the relevant legislation if the situation so warrants.
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