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LCQ16: Crackdown on “black taxis”

     â€‹Following is a question by the Hon Chan Pui-leung and a written reply by the Secretary for Transport and Logistics, Mr Lam Sai-hung, in the Legislative Council today (June 19):

Question:

     Some members of the taxi trade have pointed out that “black taxis” are a handful of black sheep in the taxi trade and their illegal acts such as overcharging and cherry-picking passengers have not just aroused discontent among members of the public and visitors but also affected the reputation of Hong Kong. In this connection, will the Government inform this Council:

(1) whether it has compiled statistics on the following figures relating to the crackdown on black taxis through decoy operations in various police districts in each of the past five years: (i) the number of law enforcement actions, (ii) the number of cases recorded, (iii) the number of prosecutions, and (iv) the number of persons convicted; whether it has assessed the effectiveness of decoy operations; if so, of the details; if not, the reasons for that;

(2) whether it has compiled statistics on (i) the number of complaints received by the Government involving taxi drivers’ malpractices (with a breakdown by malpractice set out in Table 1), (ii) the number of taxi drivers prosecuted, and (iii) the number of taxi drivers convicted (set out in Table 2), in each of the past five years; if it has not compiled such statistics, of the reasons for that; and

Table 1

Taxi drivers’ malpractices (i)
2019 2020 2021 2022 2023
Refusing hire          
Failure to take the most direct route          
Overcharging          
Improper driving behaviour          
Refusing to drive to destination          
Taximeter irregularities          
Other malpractices          

Table 2
  2019 2020 2021 2022 2023
(ii)          
(iii)          

(3) as it has been reported that there are often cases of black taxis having their flag covered and refusing hire in tourist-intensive areas such as the Peak Tram Central Terminus and the Peak, and some of the black taxis are even suspected of operating as a syndicate under the control of triads, whether the authorities know such situation and whether they will consider deploying more police officers to such places to maintain order and step up law enforcement efforts; if so, of the details; if not, the reasons for that?

Reply:

President,

     After consulting the Security Bureau, the Transport Department (TD) and the Hong Kong Police Force (HKPF), our reply to the Hon Chan Pui-leung’s question is as follows: 

     In response to the widespread views of the community that the Government should strengthen the regulation of taxi services, the Government has earlier reviewed the overall taxi operation and management, and put forward a series of measures to enhance taxi services. Such measures include introducing a Taxi-Driver-Offence Points (TDOP) System and a two-tier penalty system for certain taxi-driver-related offences. The relevant Ordinances were passed by the Legislative Council in December 2023. The two-tier penalty system has taken effect on December 22 last year, and the TDOP System will take effect on September 22 this year. The Government believes that raising the penalty will be conducive to combatting taxi drivers’ illegal acts and strengthening the deterrent effect against repeat offenders, thereby enhancing the general quality of taxi services.  

(1) The HKPF has been adopting various effective measures to combat the illegal acts of taxi drivers, including launching intelligence-led operations, taking enforcement actions by disguising as passengers, as well as enhancing publicity. The HKPF will continue to conduct enforcement actions based on intelligence and operational priorities.  

     The HKPF does not maintain breakdown of figures on combatting taxi drivers’ malpractices by the mode of the enforcement action. The numbers of enforcement actions taken against the offences committed by taxi drivers (i.e. the number of summons issued or arrests) in each of the past five years are set out in the table below:
 
Enforcement actions taken by the HKPF against the offences committed by taxi drivers
  2019 ​2020 2021 2022 ​2023
Overcharging 51 22 11 17 42
Refusing or neglecting to accept a hire 59 16 ​27 65 ​85
Refusing or neglecting to drive a taxi to the place indicated by the hirer 28 7 ​9 30 18
Driving to a destination other than by the most direct practicable route 22 12 11 13 13
Offences involving taximeters 9 13 0 26 16

(2) In the past five years, the numbers of complaints received by the TD and the HKPF per year about taxi drivers are set out in the two tables below respectively. The figures cover the complaints referred by the 1823 Call Centre, the Transport Complaints Unit under the Transport Advisory Committee and other government departments or organisations. As the complainants may submit their complaints to different departments or organisations at the same time, the figures in the two tables below may overlap. 
 
Complaints received by the TD
  2019 2020 2021 2022 2023
Overcharging 223 62 108 152 340
Refusing or neglecting to accept a hire 152 50 154 ​207 361
Refusing or neglecting to drive a taxi to the place indicated by the hirer 61 26 39 24 28
Driving to a destination other than by the most direct practicable route 120 73 163 ​191 277
Improper driving behaviours 269 143 ​226 254 374
Others (Note 1) 480 381 ​492 765 1 164
Note 1: Other complaints include offences involving the taximeters and other malpractices (e.g. refusing to provide receipts, smoking in the vehicle when it has passengers on board), etc.
 
Complaints received by the HKPF
  ​2019 2020 2021 2022 2023
Overcharging ​567 328 368 443 1 034
Refusing or neglecting to accept a hire 951 285 683 745 1 435
Refusing or neglecting to drive a taxi to the place indicated by the hirer 192 55 144 130 ​180
Driving to a destination other than by the most direct practicable route 588 359 470 505 924
Offences involving taximeters 26 11 13 7 16
Others (Note 2) 1 843 1 382 2 271 3 843 5 995
Note 2: Other complaints include the taxi driver not behaving in a civil and orderly manner, soliciting passengers, as well as improper driving behaviours, etc.

     Upon receipt of a complaint, the TD will conduct investigation and request the taxi owner concerned to provide an explanation. Depending on the circumstances of the complaints, the TD will write to the taxi owners or drivers concerned to remind them of the need to comply with the law and pay attention to their attitude when providing services so as to maintain service quality. The TD will also provide analysis of the relevant complaints to the HKPF for carrying out appropriate follow-up investigations and enforcement actions.  

     The HKPF has also been closely monitoring and following up on the complaints about taxi drivers suspected of committing offences. If a member of the public suspects that a taxi driver has committed offences such as refusing to accept a hire or overcharging, he or she can record the name of the driver, vehicle registration mark of the taxi, time and location, etc, and report the matter to the HKPF. If there is sufficient evidence, the HKPF will certainly take enforcement action. 

     The numbers of prosecutions and convictions for the 22 offences relating to taxi drivers (e.g. overcharging, refusing or neglecting to accept a hire, etc) in the past five years are set out in the table below: 
 
Number of prosecutions and convictions for the offences relating to taxi drivers (Note 3)
  2019 2020 2021 2022 ​2023
Number of prosecutions 76 14 7 13 57
Number of convictions 76 14 7 13 57
Note 3: Such figures do not include the number of prosecutions or convictions of taxi drivers violating offences relating to improper driving behaviour (e.g. careless driving, speeding, etc). 

(3) As mentioned above, the HKPF has been adopting different measures to combat taxi drivers’ malpractices.  

     On stepping up publicity, the Police, in collaboration with the taxi trade, the Lan Kwai Fong Association and the Central and Western District Road Safety Campaign Committee (C&W DRSCC), has launched the three-month Lan Kwai Fong Taxi Ambassadors Scheme since April 5 this year. Under the aforementioned scheme, the C&W DRSCC will arrange Taxi Ambassadors at the taxi stands at Lan Kwai Fong in Central and Peak Tram station at designated time to distribute taxi information cards to passengers boarding taxis. The cards will record information such as the estimated fares, the licence plate number of the taxi concerned and the destinations, etc. In addition, the taxi trade will arrange law-abiding and quality taxis to serve at Lan Kwai Fong so as to ensure an adequate supply of taxis during the peak hours at night. Since the launch of the said scheme, more than 7 000 members of the public and tourists have been assisted in taking taxis. The said scheme has successfully enhanced communication between passengers and taxi drivers, and effectively strengthened the deterrent effect against unscrupulous taxi drivers.

     On law enforcement front, in view of the Labour Day holiday this year, the HKPF has launched a two-week operation, namely “Kickstarter” and “Cellbreaker”, between April 24 and May 8, which have covered popular tourist spots. The main objectives of the relevant operations include combatting malpractices relating to public service vehicles (in particular taxis), with a view to enhancing their service quality, improving the travelling experience of inbound tourists during their stay in Hong Kong, as well as maintaining smooth traffic flow.

     The HKPF aims to combat the black sheep of the taxi industry and increase the deterrent effect through a series of enforcement actions. Besides, the HKPF will continue their efforts in education and publicity in various districts, and will distribute souvenirs and publicity leaflets to the public and visitors to raise their awareness towards unlawful behavior of taxi drivers. read more

LCQ13: Promoting the popularisation of electric buses

     Following is a question by the Hon Frankie Yick and a written reply by the Secretary for Environment and Ecology, Mr Tse Chin-wan, in the Legislative Council today (June 19):
 
Question:
 
     The Chief Executive (CE) proposed in the 2022 Policy Address to promote green transport and indicated that the Government would introduce about 700 electric buses by the end of 2027. In the 2023 Policy Address, the CE indicated that support would be provided to realise the goal. In this connection, will the Government inform this Council:
 
(1) given that in its reply to a question raised by a Member of this Council on May 22 this year, the Government indicated that as at the end of April this year, there were 90 registered electric franchised buses and the Government was discussing with the franchised bus operators the roadmap and timetable for implementing green transformation, of the preliminary outcome of discussion; whether the Government has, based on such outcome, assessed if it can achieve the aforesaid goal by 2027; if it has assessed and the outcome is in the negative, whether it will adjust the goal; if so, of the details; if not, the reasons for that;
 
(2) given that some members of the transport sector have relayed that in promoting the popularisation of electric buses, franchised bus operators are responsible for the expenses incurred from research, development to actual operation, but the high interest rates and the operating situation where bus patronage has yet to recover have affected the desire of such operators to procure electric buses, of the new measures put in place by the Government to encourage them to procure more electric buses in order to achieve the aforesaid goal; and
 
(3) given that some members of the transport sector have relayed that apart from procuring electric buses, the operators concerned also need to invest a considerable amount in providing additional ancillary facilities (including charging facilities and repair and maintenance equipment) and training of technical staff in order to enable the smooth and safe operation of electric buses, and to maintain the standard of service, the operators concerned even need to retain and maintain the relevant ancillary facilities for diesel buses at the same time until all diesel buses are retired after a decade or so, of the measures put in place by the Government to assist the operators concerned in acquiring relevant ancillary facilities for electric buses?
 
Reply:
 
President,
 
     In consultation with the Transport and Logistics Bureau, my reply to the question raised by the Hon Frankie Yick is as follows:
 
(1) In respect of implementing a green transformation roadmap and timetable, the Government has all along been liaising with the franchised bus operators (FBOs) closely to understand their actual operational needs and views, including the relevant information such as FBOs’ forecasted bus procurement needs in the coming years. The FBOs have a positive attitude towards the gradual transition to electric buses (e-buses). We are currently exploring different options with the four FBOs to promote e-buses. The target of introducing about 700 e-buses by end-2027 remains unchanged.
 
(2) and (3) Since 2015, the Government has been subsidising the FBOs to purchase 36 single-deck e-buses and install relevant charging facilities for trial run on a number of routes, with a view to comprehensively testing and assessing their operational performance in Hong Kong’s road environment. The findings of the trials showed that the passenger carrying capacity and driving performance of the single-deck battery e-buses are comparable with those of the conventional single-deck buses. This verified the technical feasibility of adopting battery e-buses on a large scale in Hong Kong, and provided valuable experience and data for the FBOs in respect of fleet management, e-buses routing, charging arrangements and the supporting facilities, etc.
 
     Today, the FBOs have recognised the relevant technology for e-buses. The market development of e-buses has also become more mature in recent years and their wider adoption would hopefully drive down prices. That said, there is no doubt that financial affordability and budgeting are imperative for achieving the green transformation for more than 10 000 public buses in Hong Kong. The transformation will also necessitate many supporting facilities and training of technical staff. Therefore, the trade must be allowed sufficient time to prepare, and the Government also needs to look into the feasibility of providing financial support. As mentioned above, the FBOs have a positive attitude towards the gradual transition to e-buses, and we are currently exploring different options with the four FBOs to promote e-buses. We plan to finalise a concrete proposal within this year and make timely announcement, with a view to assisting the FBOs in the gradual green transformation while accommodating their actual operational conditions. read more

LCQ11: Promoting green transformation of public land transport

     Following is a question by the Hon Chan Siu-hung and a written reply by the Secretary for Environment and Ecology, Mr Tse Chin-wan, in the Legislative Council today (June 19):

Question:

     The Chief Executive has indicated in the 2023 Policy Address that the Government will promote a green transformation of public land transport and continue to test out more new energy vehicles, including (i) electric public light buses, (ii) electric heavy goods vehicles, (iii) electric coaches, (iv) hydrogen double‑deck buses, and (v) hydrogen street washing vehicles, and it is envisaged that in the first half of this year, a citywide green transformation roadmap and timetable for public buses and taxis will be formulated, with a view to achieving zero vehicular emissions by 2050. In this connection, will the Government inform this Council:

(1) of the respective latest numbers of new energy public transport vehicles mentioned in (i) to (v) above, together with the respective proportions of those numbers in the respective total numbers of those transport vehicle classes; the respective latest progress of promoting green transformation of new energy public transport vehicles mentioned in (i) to (v) above;

(2) whether it has assessed the operating performance of and challenges faced by new energy public transport vehicles mentioned in (i) to (v) above as they “hit the road”, together with the countermeasures in place to address those challenges;

(3) whether it will expeditiously take forward the construction of comprehensive energy service stations in Hong Kong that offer “oil, gas, hydrogen, electricity and other services” under one roof (i.e. providing petrol refuelling, gas refilling, hydrogen refuelling, charging and facilitating service facilities), so as to promote the green transformation of public transport;

(4) whether it will consider advocating the policy direction for commercial vehicles to switch to hydrogen fuel cell vehicles; if so, of the details; if not, the reasons for that; and

(5) whether the Government Logistics Department has, in the term contracts for arranging the hiring of commercial vehicles, drawn up provisions to give priority to the use of new energy vehicles, so as to promote the green transformation of the transport industry; if so, of the details; if not, the reasons for that?
 
Reply:

President,

     In consultation with the Transport Department and the Government Logistics Department, my reply to the question raised by the Hon Chan is as follows:
 
(1) and (2) As at the end of May 2024, the numbers of new energy light buses, buses, heavy goods vehicles and special purpose vehicles registered in Hong Kong and these numbers as a percentage of the total number of the vehicles of the same type are tabulated below:
 

  No. of registered new energy vehicles (including electric vehicles and hydrogen fuel cell vehicles) Total no. of
registered
vehicles
Percentage of registered new energy vehicles out of the total no. of vehicles of the same type
Light Buses 9 7 768 0.12%
Buses 120 13 947 0.86%
Heavy Goods Vehicles 3 7 929 0.04%
Special Purpose Vehicles 124 2 252 5.51%

Note: Registered vehicles are classified according to Schedule 1 of the Road Traffic Ordinance (Cap. 374). The prevailing ordinance does not have a separate vehicle class for coaches and street washing vehicles. Government vehicles are not included in the figures as government vehicles need no registration.

     The Government has been introducing trial projects on new energy commercial vehicles through the New Energy Transport (NET) Fund. As at the end of May 2024, the NET Fund has approved a number of trial projects involving over 300 electric commercial vehicles (e-CVs). Generally speaking, the trial results of most of the e-CVs were found to be smooth in operation. For coaches and medium and heavy goods vehicles, the major challenge is that although the prices of the relevant electric vehicles (EVs) started to show a declining trend in recent years, the current selling price could still be more than three times higher than that of diesel vehicles. We are actively encouraging vehicle suppliers to introduce more commercial vehicle models suitable for use in Hong Kong for promoting a healthy market competition, such that the trade can have more choices. On the other hand, we also need to provide suitable supporting facilities. We are actively establishing a quick charge network to meet the charging needs of EVs.

     Regarding electric public light buses, the Government launched a pilot scheme and subsidised two operators to purchase electric public light buses to participate in the trial. The relevant trial has commenced since late March 2024. The Environmental Protection Department will collect 12-month operation data for further analysis and evaluation of their performance. The Government is currently reviewing the detailed arrangements of the first round of the pilot scheme and considering optimising the relevant pilot scheme with reference to the feedback from operators so as to encourage more operators to participate. Details of the second round pilot scheme will be announced in due course.

     To support the development of hydrogen energy in Hong Kong, the Government set up an Inter-departmental Working Group on Using Hydrogen as Fuel (the Working Group) in 2022 to co-ordinate preparatory work of various bureaux and departments for using hydrogen as fuel locally, as well as to promote the local application of hydrogen energy through trial projects. As at May 2024, trial has been started in the case of three projects, including the Citybus Limited’s first hydrogen fuel cell (HFC) double-deck bus and its hydrogen refuelling facility. The HFC double-deck bus has started the passenger service officially since February 2024 for phased trial operation in three Kowloon urban routes, namely 20, 22M and 20A. Separately, three HFC street washing vehicles from the Food and Environmental Hygiene Department have also arrived in Hong Kong successively and are currently undergoing statutory vehicle inspection procedures, with trials expected to commence later this year. The Working Group would follow up on the trial projects of the HFC double-deck bus and the hydrogen street washing vehicles. With the operational data and experience collected from the trial projects, the Working Group will evaluate the operational performance of these HFC heavy vehicles in comparison with the traditional fuel-propelled vehicles to help formulate relevant safe operation framework for the adoption of hydrogen fuel locally in the long run. Besides, the Government has earmarked funding under the NET Fund for subsidising trial projects on the procurement of HFC heavy vehicles, which are expected to start accepting applications within this financial year.

(3) and (4) Having the highly energy-efficient and less polluting features, hydrogen can be used as a fuel for transportation equipment. In this regard, compared to pure EVs, the number, volume and loading of the batteries required for HFC vehicles are smaller. It can at the same time help reduce the demand for handling retired EV batteries in the future. Hence, hydrogen energy has a wider scope of application in heavy transportation vehicles. On the other hand, the current supply and market price of low-carbon hydrogen energy have posed a number of challenges to promoting the application of HFC vehicles. Furthermore, technologies relevant to HFC vehicles are still under trials or at an early stage of development. Overall speaking, the scale and speed of the future development of hydrogen energy transportation will still depend on whether they are more cost-effective than other green and low-carbon technologies. Hence, we consider that it is still the time now to first wait for the trial results and the market development before deciding on whether it is suitable for commercial vehicles to switch to HFC vehicles on a large scale.

     In respect of promoting EVs, the focus of the Government’s work at the current stage is to first support the rapid growth in the number of EVs, including offering suitable incentives to petrol filling station (PFS) operators to encourage them to retrofit EV charging facilities in the usable space of PFSs, so as to make effective use of about 180 PFSs throughout the territory to provide charging services. Moreover, the Government is also promoting the gradual conversion of some of the existing PFSs to quick charging stations.

     That said, hydrogen fuel is still a type of new energy with potential. Sinopec (Hong Kong) Limited is building the first public hydrogen refuelling station in Hong Kong in Yuen Long, Au Tau. The project is expected to commence trial operation within this year. In the medium term, we aim to establish hydrogen refuelling infrastructure facilities in the Hong Kong Island, Kowloon and the New Territories by 2027 or earlier, in order to support demonstration projects or trials on hydrogen energy transportation in more sectors. In the long term, we will study the feasibility of setting up integrated energy services stations in suitable locations. In this regard, we have initially earmarked spaces in new strategic development areas, such as the Northern Metropolis, for the establishment of integrated energy services stations.

(5) Currently the supply of new energy commercial vehicles available for hiring in the market is very limited. To encourage vehicle hiring service providers to use new energy vehicles in providing services to the Government, the Government Logistics Department has specified in the marking scheme of the relevant tender documents that additional marks will be given for using EVs or hybrid vehicles in providing the required services. read more

LCQ1: Enhancing occupational safety and health protection for employees

     Following is a question by the Hon Lam Chun-sing and a reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (June 19):
 
Question:
 
     On April 28 last year, the Government amended the legislation to increase the penalties for occupational safety and health (OSH) offences in order to enhance the deterrent effect of the relevant legislation. However, there are views that fatal industrial accidents have continued to occur frequently since the amendment to the legislation, which may not have a positive effect on further protecting OSH of employees. In this connection, will the Government inform this Council:
 
(1) of the respective numbers of fatal industrial accidents recorded by the authorities from the amendment to the legislation on April 28 last year up to the end of last year and since January this year; in respect of such accidents, whether the authorities have taken out prosecutions by indictment and summary proceedings by invoking the general duty provisions for employers, proprietors and occupiers of premises under the OSH legislation; if so, of the respective average sentences for convicted prosecution cases by indictment and summary proceedings;
 
(2) as it is learnt that the Labour Department (LD) will request the Department of Justice where necessary to apply for reviews or appeals with regard to the sentences handed down by the court if the LD considers that the sentences do not reflect the seriousness of the offences committed by duty holders, whether the authorities have applied for reviews or appeals with regard to the sentences of the aforesaid convicted cases since the amendment to the legislation last year; if so, of the details; if not, the reasons for that; and
 
(3) whether it will study promoting the industry’s adoption of construction safety design by legislative means to reduce construction risks at source, so as to enhance OSH protection for frontline workers; if so, of the details; if not, the reasons for that?

Reply:
 
President,
 
     The Government attaches great importance to occupational safety and health (OSH) of employees, and the Labour Department (LD) has been closely monitoring the level and trends of OSH risks of industrial accidents. Pursuant to the risk-based principle, the LD formulates and adjusts strategies for inspection and enforcement, publicity and promotion, as well as education and training to uplift the OSH performance.
 
     Having consulted the Development Bureau, our consolidated reply to the question raised by the Hon Lam Chun-sing is as follows:

(1) Industrial fatalities refer to deaths arising from industrial activities in industrial undertakings as defined under the Factories and Industrial Undertakings Ordinance (Cap. 59). 19 and 10 industrial fatalities were recorded between April 28, 2023, and the end of 2023, and between January 2024 and the end of May 2024, by the LD respectively.
 
     The Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Ordinance 2023 (OSH Amendment Ordinance) came into effect on April 28, 2023. As at May 31, 2024, the LD took out 111 prosecutions in total against the duty holders concerned under the OSH Amendment Ordinance in respect of eight fatal industrial accidents. There was one case in which court hearing was concluded. The case involved two proprietors of a non-construction industrial undertaking who were prosecuted for violation of the OSH Amendment Ordinance including the summary offence of general duty provisions. They were each fined $50,000 by the court eventually.
 
     In view of the recent serious industrial accidents, the LD will seek legal advice from the Department of Justice and consider taking out prosecutions against duty holders by way of indictment upon completion of relevant investigations.

(2) For the conviction case in reply (1), the Government had considered whether to file a review or appeal against the sentences. Upon careful deliberation of all the relevant circumstances of the case, the sentences were considered not wrong in principle or manifestly inadequate, and therefore no application to the court for a review or appeal was made eventually.

(3) The Government has been promoting the adoption of Design for Safety in public works projects and formulated guidance notes and worked examples on Design for Safety in 2006, with the aim of thoroughly considering construction and maintenance work safety during the design stage. The Government subsequently updated the guidance notes and worked examples in 2016 to clearly demarcate the roles and responsibilities of different stakeholders further at various stages of a works project and require public works projects with estimated construction cost exceeding $500 million to implement Design for Safety. On private buildings, the Buildings Department formulated, pursuant to the Buildings Ordinance (Cap. 123) and relevant subsidiary legislation, the code of practice which stipulates that the design of new private buildings should provide adequate means of access to enable maintenance personnel to carry out maintenance and repair works outside the buildings safely. 
 
     To further promote the adoption of Design for Safety in private works projects in the construction industry, the Construction Industry Council (CIC) promulgated the reference materials on Design for Safety in November 2022, providing guidance on incorporating safety elements during the design stage and the safety responsibilities of stakeholders during the construction stage. The CIC has also formulated and provided relevant training courses and material to the construction industry. The CIC has rolled out a pilot scheme on Design for Safety in 2024 with the aim of providing advice and assistance to developers of private works projects on implementing Design for Safety.
 
     There was no consensus in the construction industry on regulating Design for Safety by legislative means. Some stakeholders indicated that it would be difficult to generalise architectural design as it would be affected by a number of factors including project nature, locations, project characteristics and current trends. Stakeholders are worried that legislative regulation would bring constraints to the design and hinder the development of the industry. In addition, stakeholders are worried about the criminal liabilities when inadvertently contravening the law in the design process. We therefore at this stage consider that a more pragmatic strategy is to continue working with the CIC and other stakeholders to promote a wider adoption of Design for Safety in the construction industry, instead of legislative means. read more