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The proposed section 2(1B) under clause 3 of the Bill allows payments under the fixed penalty scheme to be spent immediately without the three-year waiting period. In the case of vocational drivers, we propose that, for the better protection of public safety, their payments under the fixed penalty scheme should only be spent after a period of three years, so as to enable transport operators to take into account such payments in determining applications for employment. However, the professions currently excluded from the rehabilitation scheme under section 4 of the Ordinance, and those proposed to be excluded under clause 5 of the Bill, cannot benefit from this "immediately spent" arrangement. We consider this arrangement unreasonable. While the public has the right to expect the highest standard of probity from these professions (such as barristers, solicitors and accountants), we do not necessarily think that the public would expect them to drive better. I therefore propose to move amendments to clause 5, so that except for vocational drivers who have to wait three years, other professions excluded from the rehabilitation scheme can have their payments under the fixed penalty scheme spent immediately.
In the course of its deliberation, the Bills Committee recognized that traffic conviction records were not only important for assessing a person's suitability for employment as a vocational driver, they were also important factors in assessing and
in pricing a risk in respect of vehicle insurance policies. I will, therefore, move an amendment to clause 5(e) by adding a new subsection (6), so that an insurer, or a person acting on his behalf, can take into account fixed penalty payments in the previous three years when assessing and pricing a risk in respect of vehicle insurance. The amendments proposed would mean that while payments or orders to pay in respect of minor traffic offences are regarded as spent immediately for most purposes. they are not considered spent in the assessment of a risk in respect of vehicle insurance or a person's suitability as a vocational driver, unless a period of three years has elapsed.
Another area on which the Bills Committee expressed concern was the list of prescribed offices under clause 8(c), which are excluded from the rehabilitation scheme. As drafted, these include any posts in the Independent Commission Against Corruption, the Hong Kong Monetary Authority, the Office of the Commissioner of Insurance and the Securities and Futures Commission. The Bills Committee considered that minor staff, such as cleaners and office assistants in these four organizations should not be excluded from the rehabilitation scheme. We agree with the Bills Committee's view, and I will move an amendment to clause 8(c) so that minor staff, and staff who do not have frequent access to sensitive information in these four organizations, are not excluded from the rehabilitation scheme. This is in line with the objective of the Bill to enable more people to benefit from the rehabilitation scheme, while at the same time ensures that public expectation of high probity in certain positions of trust will not be put at risk.
Mr President, with these remarks, I recommend the Bill to Honourable Members.
End