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of the law. That would be a good way to deal with the problem instead of scratching the surface and sort of encouraging people to try the law. The Markets and Street Traders Select Committee went on a study tour to Singapore some time ago. We saw that there were of course many factors for their success. Their system of management carries a demerit points system too. I think for the first offence, they enforce a suspension of two weeks and then four weeks for the second one. It deters shops from violating the law because the results upon conviction can be serious.
So, I hope the Public Health Select Committee will study more into the problem and increase penalties as well. Fines are decided by the courts, we cannot influence the courts. However, the demerit points system is designed by the Council. If we do more and increase punishment along with stepped up publicity, all operators will get the message that it is important to abide by law and that violation of the law means out of business. They will then comply with the law. Only in this way will the law be meaningful. If not, my speaking here will be empty talk that carries no practical effect. What is the use of talk? I hope the Public Health Select Committee will consider this.
MR. JOSEPH CHAN YUEK-SUT (in Cantonese):-Mr. Chairman, I am in support of the motion. However, it is not correct to say that the Department has not done anything. To be honest, the Department conducts inspections actively. This month is one for surprise raids and the last one was for publicity and education.
On penalties, we have increased them to a maximum of $10,000 as fine and three months' imprisonment. Unfortunately, a judge has yet to declare the maximum fine of $10,000 and imprisonment instead of fine. If a judge passes a sentence for imprisonment only once, the deterrent effect will increase. But then, we cannot influence the decision of judges. Penalties exist, whether to enforce them is not within our jurisdiction. The decision lies with the judges. If a judge sentences one to a fine close to $10,000 and imprisonment too, the penalty will be very harsh and it will have strong deterrent effect.
As for the demerit points system mentioned by Mr. LEUNG Kam-tao, as it is, the deduction of 15 points in one year is punishable by the suspension of licence for four days. The second time 15 points are deducted, there will be seven days' suspension. The third time round, there will be a suspension of 14 days upon deduction of 10 points. If yet another 10 points are deducted, the licence will be revoked. This demerit points system was amended in 1995. If Members feel it does not carry sufficient deterrent effect, you can draw up proposals for a more stringent demerit system for the consideration of the Public Health Select Committee. We should also consider the general response of the public towards longer suspension periods and the deduction of more points. We cannot assume that heavier penalties can improve the situation. Yes, as the saying goes, 'stringent penalties will curb riotous situations'. Let's
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