Move to give FEHD officers more power to remove street obstructions

The government is considering amending the law to enhance the authority of Food and Environmental Hygiene Department officers, giving them more teeth to remove things obstructing the street and streamlining efforts to combat shop front extensions.

According to a paper by the department to lawmakers, the proposed provision would allow FEHD to independently remove obstructing items if a shop refuses to comply within a specified period. It may also dispose of perishable items immediately.

The government has also suggested empowering the department to issue fixed penalty notices or prosecute obstructing shops based on images or videos captured by cameras.

The government reported an improvement since an increase in fixed penalties and maximum fines in October last year.

"The number of fixed penalty notices issued by the FEHD dropped by about 80 percent in the past three months," it said. "The government intends to introduce legislation to raise penalties for obstructing refuse collection."

The FEHD said: "The maximum fine for obstruction in public places will be increased from HK$1,500 to HK$6,000. The court may also impose fines ranging from level 2 (HK$5,000) or a three-month imprisonment to level 4 (HK$25,000) or a three-month imprisonment."

In cases where the owner of obstructing items cannot be identified, FEHD officials will post a "Notice to Remove Obstruction" on them and provide a four-hour deadline for removal, after which the department has the authority to remove or confiscate the items. The deadline will also be reduced to half an hour to encourage timely removal.

One vegetable shop owner in Stone Nullah Lane in Wan Chai expressed concerns about excessive regulation under the new law.

He said he has been receiving fixed penalty notices for placing a small amount of goods on the steps in front of his shop. He worries that increased regulation will make business even more challenging and hinder his ability to pay rent.

Another vegetable shop owner said that since the fixed penalty was raised to HK$6,000, he has been law-abiding and cautious about placing goods on the street.