Following is a question by the Hon Lau Kwok-fan and a reply by the Secretary for Transport and Logistics, Ms Mable Chan, in the Legislative Council today (July 30):
Question:
In recent years, the Government has repeatedly indicated its plan to enact legislation to regulate electric mobility devices (EMDs). In this connection, will the Government inform this Council:
(1) of the details and latest progress of the aforesaid legislative exercise, and the expected timeline for the relevant legislation to come into effect; given that according to government information, the number of persons arrested in traffic accidents involving EMDs had been continuously increasing in the past five years, whether the Government will impose in the relevant bill heavier penalties on non-compliance involving such traffic accidents, with a view to enhancing the deterrent effect;
(2) given that while the sale of EMDs is not an illegal activity under the existing legislation, there are views that the quality of the batteries of such products is questionable and the risk of accidents is high, whether the Government has plans to regulate the online and physical stores selling such products, so as to ensure that the products on sale comply with the proposed technical and safety requirements; if so, of the details of the plans; if not, the reasons for that; and
(3) as it has been reported that at present, EMDs are widely used in different districts, and quite a number of takeaway food couriers and elderly people use EMDs as a mode of everyday transport, whether the Government will, upon striking a balance among factors such as safety, technical standards, feasibility of law enforcement and situation of usage, provide more areas and road sections for the use of EMDs, in addition to opening up cycle tracks, so as to ensure the relevant regulatory arrangements to better align with the practical circumstances?
Reply:
President,
The Government has always adopted an open attitude towards new technologies for promoting green commuting, whilst attaching great importance to road safety. As electric mobility devices (EMDs) are mechanically propelled, they fall within the definition of "motor vehicles" under the Road Traffic Ordinance (Cap. 374) (the Ordinance) and must be licensed before use on roads or private roads. We note that EMDs are becoming increasingly popular around the world. However, given the dense population and high passenger and vehicular flow in Hong Kong, we consider that EMDs should be properly regulated before they can be used to provide effective and safe short-distance commuting options.
In consultation with the Transport Department (TD), my comprehensive reply to the different parts of the question raised by the Hon Lau Kwok-fan is as follows:
EMDs mainly include two categories: (a) motorised personal mobility devices such as electric scooters, electric unicycles and electric hoverboards; and (b) power assisted pedal cycles (PAPCs). The Government is actively looking into the regulation of EMDs along the following directions.
Firstly, regarding the locations for use, EMDs can serve as commuting means for short-distance travel and first-mile/last-mile connectivity to and from railway stations and stations, etc, providing the general public with more options of active transport modes. The TD has been proactively discussing with relevant departments the construction of comprehensive cycle track networks in new development areas such as the Hung Shui Kiu New Development Area, and will select suitable cycle tracks in other areas that can accommodate the safe co-use of bicycles and EMDs, except on individual basis, those cycle tracks which do not fulfil the particular requirements (e.g. insufficient width or frequent crossings with pedestrian footpath and vehicular roads). As for power assisted pedal cycles, we propose allowing them to be used on all cycle tracks since their operating mode is similar to that of bicycles.
Furthermore, given the ongoing changes in the design and operating mode of EMDs, the TD carried out a trial scheme on the shared use of power assisted pedal cycles in Pak Shek Kok from 2023 to 2024. The implementation of the trial scheme was smooth in general and the results indicate that suitable ancillary facilities (e.g. charging facilities and frequency of charging) will be needed for the operation of the shared mode. The Government will make reference to such experience when planning for the road sections for use of EMDs.
With regard to whether it is possible to open locations other than cycle tracks, the Government understands that public acceptance of EMDs varies. In previous surveys, over 60 per cent of the respondents supported the use of properly regulated EMDs on cycle tracks, while the remaining 30-odd per cent of the respondents expressed reservation, with the main concerns being the potential risks of EMDs as well as the limited space of existing cycle tracks. The Government will carefully consider the differing views to ensure road safety.
Secondly, regarding product regulation, to ensure product safety, the TD is formulating technical and safety requirements for EMDs, and plans to require third-party accredited certification bodies to test the technical specifications as well as the electrical and mechanical requirements of the various products. Manufacturers or agents of EMDs will be required to apply to the certification bodies for certification of products, and certified products will be affixed with a QR code certification label for easy identification by the public and enforcement officers. With regard to the batteries and electronic devices mentioned in the question, we consider that it is necessary for them to be certified according to international standards, e.g. over-charging or discharging control, short-circuit and overheating protection, vibration and mechanical shock tests, to ensure product safety.
To ensure that the product certification is practical in the Hong Kong market, the TD has been consulting the trade, who generally finds the proposed arrangements reasonable. The TD is identifying certification bodies that possess the relevant capabilities and is working in collaboration with the Hong Kong Productivity Council to formulate the details of the relevant certification arrangements, and will continue to give careful consideration to the roles and responsibilities of different stakeholders with a view to regulating product safety, so that members of the public can feel confident when purchasing EMDs and use them properly.
Thirdly, regarding users, EMDs users must be at least 16 years old and wear a helmet. The Government has set up a working group, comprising representatives from the trade and Government departments, to formulate a code of practice to set out the technical details, operating rules, as well as safety advice and guidelines etc, regarding EMDs. The TD will continue its work on publicity and education, instilling into EMD users proper driving attitude to ensure the safe and responsible use of EMDs.
Fourthly, regarding the issue of penalties, we consider that the penalties should be proportionate to the risks of using EMDs. For violations similar to those of cycling such as reckless driving, reference can be made to the penalties related to cycling. As for certain more serious offences such as illegal modifications, reference can be made to the penalties related to motor vehicles.
Considering the aforementioned four aspects, the Government is undertaking the relevant law drafting work, and will take into consideration the actual experience to ensure the practicality of the proposal. As the topic has a wide coverage, we plan to report the progress to the Legislative Council Panel on Transport shortly, with the aim of introducing the Bill for amending the Ordinance and the new subsidiary legislation into the Legislative Council for scrutiny next year.
Thank you, President.
Ends/Wednesday, July 30, 2025
Issued at HKT 14:30