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The Food and Environmental Hygiene Department has taken active steps to improve the procedures and practises for handling cases for prosecution to ensure that prosecution cases against food safety and environmental hygiene offences will not be dropped because of exceeding the "time-bar".
Under existing legislation, laying of information to court for these offences must be completed within six months from the date the offence is committed. This statutory six-month limit is known as the "time-bar".
"The department has accepted recommendations made by the Ombudsman in her investigation report published today (March 22)," a spokesman for the department said.
From April, 2003, to March, 2006, the department handled some 50,000 cases for prosecution. Among them, 33 cases, or 0.07% of the total, could not proceed because they were time barred.
"While we appreciate the heavy workload and work pressure faced by the staff in handling prosecution cases, the fact that prosecution has to be dropped because of exceeding the 'time-bar' statutory requirement is unacceptable," the spokesman said.
"We conducted a preliminary review of the cases in question and have implemented a number of improvement measures to prevent recurrence of time-barred incidents.
"To strengthen internal communication and monitoring, district frontline officers are required to submit regular reports on prosecution cases to both district management and the headquarters. Such information would also be reported to the prosecution offices. This is to keep all parties concerned posted of the overall situation and to enhance the effectiveness of case monitoring.
"In future, withdrawal of prosecution and 'time-barred' cases will be personally reviewed and handled by a directorate staff. As regards those cases which could not proceed due to reasons such as insufficient evidence or complainant's refusal to testify, the authority to make such a decision would be escalated to Superintendent/Senior Superintendent level. Such cases will also be reported to directorate staff on a regular basis," said the spokesman.
As for cases involving unauthorised alteration of premises, the department would seek legal advice as recommended by the Ombudsman to see whether the relevant legislation should be amended.
Other improvement measures include adding the subject of "time-bar" in the training course for new recruits as well as refresher courses for serving health inspectors; strengthening liaison with the Government Laboratory and closely monitoring the progress of food tests. The Government Laboratory will also deploy more staff to speed up the testing of food samples.
"On criticisms relating to department staff as made in the investigation report, the department will review the cases. Should there be any dereliction of duty or misconduct, it would be dealt with in accordance with Civil Service Regulations and established procedures," the spokesman said.
"We will take every possible step to ensure that all prosecution cases will be handled properly within the 'time-bar'."
Ends/Thursday, March 22, 2007
Issued at HKT 17:16
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