Law and Enforcement

In 2012, among Hong Kong’s population of over seven million, there were 120 traffic fatalities, which is the second-lowest figure on record since 1955. Hong Kong also ranks the highest in the world in road safety in our road fatality rate of only 17 per million population. Traffic regulations address the mutual relationship between different road users and also the relationship between road users and their surroundings. They are aimed at promoting the safe and smooth flow of traffic on roads. The breaking of rules is addressed through police enforcement.

Enforcement action in Hong Kong in 2012 continued to focus on reducing traffic accidents and improving traffic flow. Experience has shown that efforts here bring significant benefits in road safety. The overall enforcement figure in 2012 was 1 471 631, an increase of 15% compared with 2011. Drink-driving, drug driving, speeding and illegal road racing remain recurrent key issues. Introducing and enforcing traffic laws and policies that are commensurate with Hong Kong’s traffic trends in 2012 are summarised here.

Legislation

Drug Driving

In response to the upsurge of drug driving cases in 2010, the Road Traffic (Amendment) Ordinance 2011 came into effect on 15 March 2012, introducing new offences and providing police with additional enforcement powers. These include powers to require drivers to provide blood or urine specimens and to undergo a preliminary drug test that includes Drug Influence Recognition Observations (DIRO), Impairment Tests (IT) and Rapid Oral Fluid Tests (ROFT). The power to require drivers to undergo ROFT will be exercised after a suitable device is available.

Road Traffic (Amendment) Ordinance 2012

With a view to achieving continuous improvements in the safety of Public Light Bus (PLB) operation and the quality of its services, the Road Traffic (Amendment) Ordinance 2012 came into effective on 13 April 2012. The new Ordinance stipulates a maximum speed limit of 80 kilometres per hour (km/h) for PLBs when travelling on roads. The Road Traffic (Construction and Maintenance of Vehicles) Regulations, Cap. 374A was amended to mandate installation of an approved speed limiter on every PLB by an authorised speed limiter installer. In addition, the new Ordinance requires a sign containing only the words “THE MAXIMUM SPEED OF THIS VEHICLE IS LIMITED TO 80 KM/H” must be displayed in a conspicuous position in the passenger compartment of every PLB. The PLB driver ID plate and PLB driver ID plate holder should also be displayed.

Enhanced Enforcement Actions

Selective Traffic Enforcement Policy (STEP)

In 1993, the Police introduced the Selective Traffic Enforcement Policy (STEP) to assist police officers in setting priorities for traffic enforcement in order to enhance road safety.  Statistics gathered from STEP and traffic accidents are regularly analysed to identify areas of concern in order to improve traffic policies and enforcement strategies.

Drug Driving

After the introduction of more stringent enforcement action against drug driving, the number of drivers arrested for drug driving offences increased by 8% from 51 drivers in 2011 to 55 in 2012, clearly demonstrating the determination of the administration in combating drug driving. Between 15 March and 31 December 2012, 105 Drug Influence Recognition Observation (DIRO) and 32 Impairment Tests (IT) were conducted, resulting in a total of 39 drivers being arrested for drug driving offences.

Drink Driving

Drink driving legislation is enforced by blood and breath alcohol testing. Consistent and visible enforcement is a powerful deterrent to drink driving. In order to further combat drink driving behaviour and enhance the effectiveness of breath tests, 280 sets of Draeger Alcotest 6810, a system which has been used since 22 July 2012, were procured and gazetted. Since 9 February 2009, Section 39B of the Road Traffic Ordinance, Cap. 374, has empowered the Police to conduct Pre-Screening Tests (PST). As at 31 December 2012, a total 416 313 drivers had been tested. During the period, the number of traffic accidents involving drink driving dropped about 67%.

Cycling Safety

In recent years, cycling has become more popular, especially following the success of Ms LEE Wai-sze, Sarah, in the London Olympic cycling event.  There has been a concomitant rise in traffic accidents involving bicycles.  Operation ‘Goldensun’, which targets cycling offences, especially those involving occupational cyclists, continued to raise awareness of cycling safety through education, publicity and enforcement. There were 37% more prosecutions against cyclists (11,872 cases) than in 2011.

Pedestrian Safety

Pedestrians continue to be the group most vulnerable to traffic accidents, accounting for 59% of fatalities in 2012.  To address this, the Police continue to enforce laws and take stringent enforcement action against jaywalkers and other blatant pedestrian offenders.  In 2012, there were 20,232 prosecutions against pedestrians, a decrease of 0.4% compared with 2010.  Fatalities among elderly pedestrians decreased by 6% from 50 cases in 2011 to 47 in 2012.  Nevertheless, the elderly were victims in 66% of all pedestrian fatalities, a still high proportion of the total. Whilst enforcement action will continue, the Council pledges to enhance publicity about elderly pedestrian safety.

Seatbelt Offences

It is estimated that seat belts have saved the lives of millions of people who would have died in road collisions if not belted, making it overall the biggest life saver on the roads. The seat belt remains the single most effective safety feature in vehicles. Seatbelt offences and illegal road racing are tackled by territory-wide operations codenamed ‘Outranger’ and ‘Fossington’ respectively, in addition to day-to-day traffic enforcement by the Police.  Additional speed cameras and digital red light cameras have been installed across the territory.  Notably, the numbers of traffic accidents caused by ‘Speeding’ and ‘Disobeying Traffic Lights’ in 2012 decreased from 54 to 48 (-11%) and increased from 185 to 210 (+14%) respectively compared with 2011.

Public Service Vehicles

Last year, 94 cases out of 116 fatal accidents (72%) involved public service vehicles and goods vehicles.  Operation Kickstarter is a territory-wide campaign that continued to be mounted by the Police at regular intervals.  It targets drivers of goods vehicles and public service vehicles, such as franchised buses, public light buses and taxis, to enhance their road safety awareness with the aim of reducing traffic accidents.