ExCo | Gov’t to implement pre-booked car services licensing when HKZMB opens

Leong Heng Teng (left) and Lam Hin San

The Transport Bureau (DSAT) has proposed new licensing to regulate the pre-booked transportation of passengers in light vehicles, taking into account an expected spike in traffic upon the opening of the Hong Kong-Zhuhai-Macau Bridge (HKZMB).

The Executive Council (ExCo) made the announcement during yesterday’s press conference at the government headquarters. Spokesperson Leong Heng Teng announced that the ExCo had concluded the discussion of the draft law, titled “Amendment to the Regulation of Interurban Road Passenger Transport.”

Leong said the need to proceed with the amendments is correlated with “the continuous development of society and of the passenger transport services, as well as future requirements for intercity traffic with the opening of the Hong Kong-Zhuhai-Macau Bridge to the circulation of cars.” He added that the current regulation has been in force for more than 13 years.

Instead of changing public transportation services, the proposed amendments focus on new licensing for so-called “non-regular services”, which apply only to the pre-booked transportation of passengers in light vehicles.

DSAT director Lam Hin San said little on the topic, save that that the licensing applies only to light vehicles and not shuttle bus services.

When asked about interest from possible operators of such services, Lam said, “There is still no demand or interest because there was no legal provision [until now] that would allow this kind of licensing.”

In practical terms, the measure seems to open the door for the legalization of car-hailing services, similar to Uber, at least where intercity transportation is concerned. It is not yet clear what the licensing requirements are or how they will work.
Thus far, the government has only explained that  “intercity passenger road transport services between the Macau SAR and other regions of the People’s Republic of China are subject to the prior authorization regime to be obtained from their competent authorities.”

Such services must “comply with the operating conditions agreed between the Macau SAR and those regions”and “can only be carried out by entities licensed for that purpose by the DSAT.”
Leong also said the DSAT will work closely with the Public Security Police Force, the Customs Service, the Fire Services and the Macau Government Tourism Office  on this matter.

Questioned by the Times, the DSAT replied, “According to the Regulation approved by the RA 4/2004, companies that fulfill the requirements stated in the Regulation and intend to provide regular or non-regular services can apply for the license, namely those referred in number 2 of article 4, i.e. “Limited Companies, legally established in the MSAR, which make proof of gathering the requirements to perform such activity.”

“The requirements to apply for the license are stated in the articles 7 to 10 (including “reputation,” “technical and professional capability” and “finance capacity”), which remain unchanged in the current amendment,” it concluded.

However, DSAT also noted that, “independently of being a [established] travel company or not, DSAT will consult […] the tourism, police and other [relevant] departments for their comments before making decision for any application.”

The ExCo has also advised that the proposed amendment takes effect on the day after its publication.

The measure comes at a time when the consumer watchdog in the neighboring region of Hong Kong has urged the government to reform its current system, permitting the establishment of firms such as Uber.

Professor Wong Yuk-shan, Chairman of the Hong Kong Consumer Council, said in a study on Hong Kong’s e-hailing market and taxi service that the government should start by relaxing requirements in the current private hire-car permit system, making it easier for e-hailing vehicles to be on the road legally.
“We propose adopting a progressive approach to regulate e-hailing services to create a level playing field with taxis,” Wong said, quoted by the South China Morning Post.

“Reforming the existing 1,500-hire car permit system to allow the entry of ride-hailing firms to the market is a good starting point,” he continued.

The ExCo is also considering a licensing regime to regulate the e-hailing industry, which would set requirements for insurance coverage, background checks on drivers and record-keeping of every trip, as well as new mechanisms for passengers to lodge complaints and give feedback.

Lawmaker questions macau’s role in HKZMB cost overrun

NG KUOK Cheong has asked the authorities if Macau is partly responsible for the increased construction costs of the Hong Kong-Zhuhai-Macao Bridge (HKZMB) and if Macau must pay for the extra expenses. The Hong Kong Transport and Housing Bureau had previously reported an escalation in HKZMB-related construction costs, citing the following as responsible for this: “The increase in labor and material costs, as well as from the refinement of the design and construction schemes.” “As a result, the contractors submitted applications to the HKZMB Authority for adjustments regarding the project estimates,” the bureau stated. The main section of the HKZMB is estimated to have overshot its budget by around RMB10 billion.

ExCo greenlights list of locations that sell tobacco products

The Executive Council (ExCo) has finished analyzing the draft of new administrative regulation regarding the template for a list of venues that sell tobacco products, and the layout is now available.

ExCo spokesperson Leong Heng Teng said that such regulation was the missing piece from amendments made to Law Number 5/2011 (Tobacco Prevention and Control Regime), which in turn were amended by Law Number 9/2017. These regulations prohibit the advertising and display of tobacco products in certain locations. 
The same rules also state that such locations may display a list of tobacco products for sale, as approved by the government.

The new display list and amendments will take effect on January 1, 2018. 

Loeng said that “the list can only contain the side image of the tobacco products and be fixed on the places indicated by the government” and that clarification could be sought from the Health Bureau (SSM).

At the same press conference, the ExCo also announced the conclusion of the analysis of the administrative regulation annex to the Non-Mandatory Central Provident Fund System. This will establish new rules for contributions and the timing thereof, as well as any changes made to the providence plans by employers or account holders.

The regulation also establishes rules for the transfer of funds between government-managed sub-accounts that can only be done once a year, as well as establishing a 20-day period to withdraw funds from the accounts following the receipt of notifications from the Social Security Fund (FSS).

When asked how many people are expected to join the system, FSS president Iong Kong Io said, “As the system hasn’t entered into force yet, we can’t yet have a clear idea. It’s difficult to predict.”

“We have been meeting with several groups, industries and associations in order to incentivize them to join [the system]. It is a good regime for the people to have a better life after retirement,” he concluded.

As for the number of people that have already requested for advance withdrawal of funds, Iong said, “So far we have processed about 3,800 [early withdrawal requests] for different reasons.”

The new regulation will also enter into force on January 1, 2018.