With a nice ironical touch, the Department of Justice recently hosted a seminar entitled “Environmental Law Conference 2012 – Enforcement and Awareness” at which issues and problems concerning enforcement of Hong Kong’s environmental laws were discussed. In this edition we summarise a number of points made at the conference.

The Editors

THE FRUSTRATION OF litigation in Australia and internationally. CONTENTS The following are several of the main points ADEQUATE LAWS he made regarding what is a world-wide COMBINED WITH malaise: inadequate enforcement of laws INADEQUATE designed to afford some degree of protection of the environment and complex composite ENFORCEMENT ecosystems (i.e. we are not dealing here with FEATURE: Page only air pollution). Environment law conference 2012 (DOJ) Constitutional right to environmental

THE FRUSTRATION OF It may have been somewhat ironical, but protection ADEQUATE LAWS nevertheless most welcome, that on 27 April COMBINED WITH 2012 the Department of Justice ran a Firstly – and broadly – there is a move conference to review and discuss Hong internationally to link environmental INADEQUATE Kong‘s record of enforcing our environment protection with human rights. We have a ENFORCEMENT …………... 1 – protection statutes, and how enforcement right to live in a clean, unpolluted might be improved. environment with healthy ecosystems.

LEGISLATION DIGEST ……… 3 To be fair, it is the Environmental Protection Since the famous Brundtland Report (1972), Department‘s prosecutions section which virtually every nation has, gradually, TOWN PLANNING ...... 3 substantially controls environmental legislated for at least some degree of prosecutions, rather than the DOJ, but environmental protection. The level of ultimately the DOJ is in a position to protection varies greatly; typically WEST KOWLOON influence a more robust and realistic industrialised countries have more CULTURAL DISTRICT prosecutions policy, such as advising EPD to sophisticated environmental legislation, but (WKCD) ………………………… 5 bring serious cases (such as serial offenders all countries have some laws, at least, which – and there are a number of them!) in the are aimed at protecting some aspects of their District Court and to appeal manifestly environment. HONG KONG BRIEFING……... 5 inadequate sentences, of which there are almost daily examples. Until recently, however, no country CLIMATE CHANGE…………... 7 conferred on its people a constitutional right The conference moderator was the DPP, to have the environment protected. But we Kevin Zervos SC. His opening remarks and are now seeing this connection between ADVISORY COUNCIL ON comments during the conference indicated human rights and healthy environment THE ENVIRONMENT (ACE)… 8 that he has both a clear understanding of embraced by more enlightened what is needed to redress our persistent administrations. For example, the environmental woes (such as an almost constitution of Ecuador contains the REGIONAL & complete lack of interest in the environment following provisions: INTERNATIONAL…………….. 9 by big business) and the personal commitment to improving enforcement Preamble standards, which itself was the most PROSECUTION STATISTICS... 14 encouraging aspect of the conference. Celebrating nature, the Pachamama (Earth Mother), of which we are part and which is The keynote speaker was Professor Simon vital to our existence, Molesworth AM, QC, a world renowned Australian environmental lawyer and A new form of coexistent citizenship, in academic. For many years Professor diversity and in harmony with nature, to Molesworth has been at the forefront of town achieve the good life, the sumak kawsay; planning and environmental causes and

June 2012

Art. 1. Nature or Pachamama, where such as manufacturing, commerce, tourism, and territory. The EDOs receive a small life is reproduced and exists, has the right to real estate, transport, public utilities, amount of government funding, but depend exist, persist, maintain and regenerate its services, agriculture and fisheries, and pay heavily on private donations and volunteers. vital cycles, structure, functions and its regard to the protection of the environment. EDOs are staffed by lawyers who take on processes in evolution. environmental cases on behalf of private So, constitutionally we are a long way litigants. Their work has helped in the cause Every person, people, community or behind Ecuador in our approach to protecting of bringing about stricter adherence to nationality, will be able to demand the the environment. However, it has been conservation and anti-polluting laws. recognition of rights for nature before public argued in other places that a clean, healthy institutions. The application and environment is part of the culture of the Initiatives to make enforcement more interpretation of these rights will follow the community. Therefore, it is reasonable to effective related principles established in the argue that constitutional protections for our Constitution. culture also offer protection for our There are a number of initiatives which environment. would improve environmental protection in Art. 2. Nature has the right to an Hong Kong, such as : integral restoration. This integral Healthy environment is part of our culture restoration is independent of the obligation of natural and juridical persons or the State The Basic Law has several references to (1) A specialist environmental court to indemnify the people and the collectives culture which could be used as the should be established to deal with all that depend on the natural systems. foundation for citizens‘ suits seeking matters under our environmental environmental protection. A couple of legislation; e.g. challenges to In case of severe or permanent examples are: environmental assessments, environmental impact, including that caused prosecutions of offences under by the exploitation of non renewable natural Art. 34. Hong Kong residents shall have resources, the State will establish the most freedom to engage in academic research, statutes concerning pollution and efficient mechanisms for restoration, and will literary and artistic creation and other conservation; appeals concerning adopt adequate measures to eliminate or cultural activities. permits decisions, etc. The court, or mitigate the harmful environmental tribunal, should comprise people with consequences. Art. 140. The Government of the Hong environmental expertise. Kong Special Administrative Region shall, Art. 3. The State will motivate natural on its own, formulate policies on culture and and juridical persons as well as collectives protect by law… (2) Give private citizens the right to bring to protect nature; it will promote respect proceedings to enforce environmental towards all the elements that form an Whilst our ―constitution‖ falls far short of laws when the responsible agency ecosystem. the far-sighted Ecuadoran constitution in does not do so. terms of the importance accorded the Art. 4. The State will apply precaution environment, there is sufficient reference to ―Citizens‘ suits‖ components of USA and restriction measures in all the activities ―environment‖ and ―culture‖ on which a environmental legislation have been that can lead to the extinction of species, the plausible argument could be based to force destruction of the ecosystems or the inactive and ineffective government agencies the main reason for the comparative permanent alteration of the natural cycles. to take more stringent measures to protect effectiveness of the legislation. In the the environment. USA, as seemingly everywhere, The introduction of organisms and organic government agencies traditionally are and inorganic material that can alter the The curse of judicial disinterest reluctant to discharge their national genetic heritage in a definitive way responsibilities under environment- is prohibited. Internationally, effective enforcement of environmental laws is greatly compromised protection statutes. Art. 5. The persons, people, by the common problem of the failure of communities and nationalities will have the courts to impose adequate penalties. For (3) Prosecution authorities should ensure right to benefit from the environment and some reason, the judiciary in virtually all that environmental prosecutions are from natural wealth that will allow countries view environmental offences as dealt with only by people who are wellbeing. less serious than other crimes, or quasi- trained in the area of environmental crimes, regardless of the range of penalties These new articles of Ecuador‘s constitution imposed by the statutes. [This is a point protection and who understand the were approved by 83% of voters in a previously made by the UPELQ; e.g. Weak seriousness of environmental crimes. referendum. They establish as a Penalties Undermine Enforcement of constitutional plank a principle that many Environmental Laws, April 2009.] (4) The prosecution process would be environmentalists have argued for in world more effective if we introduced forums for years : that the environment has A more realistic and just enforcement of the ―victim impact statements‖ to an inherent value (not just a value in terms of raft Hong Kong‘s environment-protection how it can be used for human benefit, laws will require a sea-change in the courts‘ environmental prosecutions. These whether for this or succeeding generations) attitude to this branch of the criminal law, would spell out clearly for the court and is entitled to protection in its own right, which is unlikely to happen unless the Court the likely adverse environmental not only to sustain it for future generations. of Appeal or Court of Final Appeal lays impacts of the offender‘s conduct. down realistic sentencing guidelines. The [Some other nations (notably not Western catch-22 is, however, that the EPD rarely if (5) Introduce ―corporate social developed nations) have adopted similar pro- ever appeals inadequate penalties decisions, responsibility‖ obligations into the environment constitutional provisions – such which is one of the fundamental weaknesses as India and the Philippines. In May 2012 of our entire environmental protection Companies Ordinance. This was Bolivia went even further by introducing regime. done in Australia some years ago. legislation which not only recognises the CSR reporting requirements mandate inherent value of the environment but Importance of NGOs that public companies report annually provides the Earth with rights to, for on their environmental record; e.g. example: life and regeneration; biodiversity; The tremendous advance made how they have structured processes to freedom from genetic modification; and clear internationally since the 1970s, generally air and water.] speaking, in regulatory protection of key prevent or minimise damage to the aspects of the environment would not have environment. In Hong Kong, only one of the 160 articles been possible without the work and influence of the Basic Law refers to the environment: of dedicated NGOs. [This is so for Hong The EPD’s view Kong especially : see Hong Kong Owes a Article 119 Debt to Green NGOs, UPELQ, Dec. 2010.] The Chief Prosecution Officer of the EPD,

The Government of the Hong Kong Special A good example of this is Australia, where James K. Pong, was also a speaker on the Administrative Region shall formulate twenty years or so ago an Environment conference panel. Concerning the appropriate policies to promote and co- Defenders‘ Office was established in establishment of an environmental court, Mr. ordinate the development of various trades Victoria; now there are EDOs in every state Pong implied that EPD had brought about a

PAGE 2 de facto specialist environmental court LEGISLATION DIGEST (a) the vessel is a registered vessel, of which the engine power and number system, in that the EPD has adopted the of ancillary vessels do not exceed practice of bringing prosecutions in only Fisheries Protection (Amendment) those allowed under the certificate of three magistracies, so as to ensure Ordinance 2012 registration, and is operating in [Gazette published on 15 June 2012, No.24 prosecutions are heard only by magistrates accordance with conditions regulating Vol.16, Legal Supplement No.1] with some experience in that field. [It could fishing imposed by the DAFC, be said that all this has done is guarantee including: (i) the area within which Fish catch and fishing efforts in Hong Kong any fishing may be carried out; (ii) uniformly inadequate penalties.] waters have far exceeded the ‗maximum the period during which any fishing in sustainable yield‘ and ‗optimal fishing any such area may be carried out; and He acknowledged that, historically, effort‘. To bring the fisheries industry back (iii) the fishing method and fishing to a sustainable path, Fisheries Protection environmental penalties have been low. gear that may be employed by the (Amendment) Ordinance 2012 (―Amendment However, in recent years there has been a vessel; Ordinance‖), which took effect on 15 June gradual increase in average penalties from (b) the person is fishing in accordance 2012 (―Commencement Date‖), amends the with a valid research fishing permit about $1,000-$2,000 to about $10,000 for, Fisheries Protection Ordinance (Cap. 171) issued by the DAFC for fishing with say, noise offences. and implements a series of fisheries the use or aid of a local fishing vessel management measures which are for the purpose of scientific research, complementary to the recently announced Mr. Pong also said that whilst EPD environmental monitoring or related ban on trawling. The combined initiatives are prosecutors do not submit ―victim purposes; and aimed at regulating in a more sustainable statements‖ to the court, they often will (c) the fishing is ―Permitted Fishing with way fishing activities in Hong Kong waters. Use or Aid of Vessels other than Non- inform the magistrate of their calculation of The fisheries management measures Local Fishing Vessels‖ specified in the costs saved or profit earned by the include:- the new schedule 2, including fishing: offender from the offence. [Reducing i) by hand-lining; ii) with the use of a matters to the HK$ is, unfortunately, the (a) limiting the entry of new fishing hand net; iii) without any fishing gear; vessels into the local fisheries typical Hong Kong approach.] and iv) during diving supported by industry by introducing a registration self contained underwater breathing system to maintain an appropriate apparatus, with the use or aid of a The DPP made several accurate and robust level of fishing; non-fishing vessel. observations concerning prosecution of (b) prohibiting fishing activities with the environmental offences. One was that it is use or aid of non-local fishing vessels; It is an offence to contravene the restrictions high time that individual directors/managers (c) restricting fishing activities with the without reasonable excuse. An offender is use or aid of non-fishing vessels; and are prosecuted, and gaoled if appropriate, for liable on conviction to a fine at level 6 and to (d) designation of fisheries protection serious environmental offences committed imprisonment for 6 months. areas ("FPAs"). by companies.

Fisheries Protection Areas (FPAs) Registration system for local fishing vessels

Conclusion Under the Amendment Ordinance, certain To limit the entry of new fishing vessels, the areas in Hong Kong waters can be Amendment Ordinance introduces a There were some reasons to be encouraged designated as FPAs in order to protect fish registration system, with the Director of by the speakers‘ comments, particularly fry, juvenile and spawning fish in important Agriculture, Fisheries and Conservation those of the DPP (as moderator) and spawning and nursery grounds, help restore (―DAFC‖) as the authority for registration. fisheries resources in Hong Kong waters, and Professor Molesworth. However, at the end Owners of local fishing vessels will have to promote their sustainable growth in the long of the day it is inescapable that Hong Kong‘s register their vessels if they are to be used for run. New sections 4A and 4B provide that – prosecuting authorities and judiciary do not fishing in Hong Kong waters.

treat environmental offences in the same way (a) the Secretary for Food and Health New section 14 provides that the DAFC as other regulatory offences, or crimes – such may by order designate any area in may, on application, register existing local as copyright offences. Hong Kong waters as FPAs, and fishing vessels which already possess a valid appoint a person to be the Authority operating licence issued by the Marine for the management and control of Mr. Pong, who has a leading role in the Department (―MD‖) on the Commencement fishing in an FPA; and enforcement of our environment – related Date. A vessel constructed or acquired after (b) upon the designation of an FPA, the laws, pointed to the proportional increase in the Commencement Date may also be Authority may make rules for the eligible for registration if its owner has an fines imposed today for environmental management and control of fishing in approval-in-principle letter issued by the MD offences as indicating an improved any FPA, including but not limited to that is valid on the Commencement Date and the specification of any zone within enforcement performance. However, he did a valid operating licence can be produced at any FPA and the prohibition of any not remind us that the prescribed maximum the time of application for registration. An fishing in the specified zone. fine for, say, a first offence under section 6 application for registration must be made

(construction site noise) of the Noise Control within 12 months immediately following the Ordinance (Cap.400) is HK$100,000, and Commencement Date. TOWN PLANNING the fine is $200,000 for a second offence! A certificate of registration will include Loop cut to size so birds fly free Nor did he explain why prosecutions of details such as: engine power; number of repeat offenders are not brought in the ancillary vessels and fishing method(s) of the The Development Bureau proposes to District Court (which has power to impose registered vessel; and period during, and impose stricter height limits on the buildings higher penalties than the magistracies), and area(s) of the waters of Hong Kong in which, in the Lok Ma Chau Loop area. In particular, why the EPD does not appeal against fishing is allowed. The registered vessel will high-tech research and cultural centres will manifestly inadequate sentences. be required to operate in accordance with the be reduced from 15 storeys to 12, education conditions. related-buildings from 15 to 10, and

commercial buildings are capped at nine Whether the status quo continues under the Use or aid of non-fishing and non-local storeys. Hong Kong‘s new Chief Executive remains vessels to be seen. But given the track record of The Development Bureau claims that these previous administrations, it is hard to be The Amendment Ordinance restricts fishing reduced limits take into account migration optimistic that Hong Kong will enforce with the use or aid of non-fishing vessels routes of birds flying to the Mai Po wetland (both local and non-local) and prohibits each year. environmental laws more effectively in the fishing with the use or aid of non-local future. fishing vessels. New section 11(1) provides The Loop will be converted to an education that no person may engage in fishing with hub, with facilities for high-tech research and the use or aid of a vessel in any area of Hong development, cultural and creative industries, Kong waters, unless:- and commercial activities. The project will develop 1.2 million square metres of space

PAGE 3 accommodating 24,000 students with on-site 9. permanent closure of sections of of hundreds of hectares. The Plan was hostel facilities. The project will also provide the existing footpaths and outlined at recent seminars and exhibitions. 29,000 job opportunities. One side of the conversion of parts of the closed Loop, scheduled for education purposes, will sections into carriageways, Environmentalists are concerned that the be backed by a new business district, with amenity area, central medians or natural habitat will be wiped out by such innovative commercial activities and upscale traffic islands; large scale reclamation works. A range of hotels on the other side of the Loop. 10. permanent closure and experts argued that the Civil Engineering and demolition of the existing Development Department‘s assumptions in Connecting roads will be constructed to link flyover across Prince Edward creating the plan were wrong, due to faulty the Loop to Kwu Tung North New Road East and Eastern Road; and reasoning and flawed process. Development Area and San Tin interchange. 11. ancillary works including Construction is expected to start in 2013 and drainage, water, utility and The government admitted that 200,000 flats to be completed by 2020. landscaping works. are standing empty, and more than 5,000 hectares of other land has also been [The Standard, 16/05/2012] The works are expected to be completed in identified for rezoning. Space is also 2019. available in old factory areas to convert to Plans for 30,000 new private homes residential use. Indeed, a 2007 government [Government Press Release, 18/05/2012] study, ―Hong Kong 2030‖, stressed the need The Hong Kong government has been for a more sustainable quality of life and exploring options for increasing Hong Draft Ta Kwu Ling North Development warned against rampant reclamation. Critics Kong‘s land supply. These include: Permission Area Plan approved say that reclamation should be the last resort, developing new townships in the New and should be preceded by a study of the Territories; reclaiming land in areas outside The Chief Executive in Council has environmental and ecological impacts. of Victoria Harbour; rezoning agricultural approved the draft Ta Kwu Ling North land and industrial facilities for residential Development Permission Area Plan. The [The Guardian, 27/05/2012] and commercial use; and relocating certain Plan provides an opportunity to study land public facilities to existing rock caverns. use patterns, infrastructural provisions and Proposed relocation of Sha Tin Sewage The government aims to provide 40,000 new development options before formulating an Treatment Works to caverns homes in an average year, divided into outline zoning plan. 20,000 private units, 15,000 rental homes The Drainage Services Department has and 5,000 subsidised flats. The government Catering for cross-border infrastructure and appointed a consultant to carry out a views the general home-construction Hong Kong as a whole, the Plan calls for feasibility study of the proposed relocation of atmosphere as good, citing the absence of cultural conservation as well as recreational the Sha Tin Sewage Treatment Works to abortive tender and competitive bids for travels, and preservation of the natural caverns. government sites as examples. environment. It is estimated that the relocation will release The government supplied 19,500 private The land will be zoned for different land 28 hectares of land for housing and other units last fiscal year, and plans in the long uses, including: village type development purposes. The Stanley Sewage Treatment term to supply more than 40,000 new homes (25.37 hectares); government, institution or Works, the first sewage treatment works in each year if needed. However, the community land use (1.98 hectares); Hong Kong, may offer some guidance in government will not regulate housing prices recreation (115.19 hectares); other specified respect of relocation. ―at a certain level‖, but instead will try to uses (23.82 hectares); agriculture (55.33 construct subsidised housing. hectares); green belt (207.82 hectares) and The scope of the study includes: ground conservation area (1.1 hectares). The largest investigation; preparation of an outline [The Wall Street Journal, 17/05/2012] zoning, namely ―recreation‖, aims at design for the engineering works; developing active and/or passive recreation formulation of implementation strategies and Stage 3 Kai Tak North Apron Area and tourism/eco-tourism. The conservation programmes; and public engagement infrastructure works area includes ―feng-shui‖ woods, which is exercise. The future use of the Sha Tin presumed not for development. Sewage Treatment Works site will also be According to a government notice published reviewed. in the gazette, the Kai Tak Development [Government Press Release, 18/05/2012] Project will include: government, institution [Government Press Release, 30/05/2012] or community facilities; comprehensive Draft Sai Ying Pun and Sheung Wan development area; and commercial and other Outline Zoning Plan approved Transformation of Kowloon East in full specified uses in the North Apron Area of swing Kai Tak Airport. Construction works will The draft Sai Ying Pun and Sheung Wan include: Outline Zoning Plan was approved. The Plan The Secretary for Development announced covers about 146 hectares, which will be that the government will transform Kowloon 1. construction of carriageways and zoned for: commercial use (21 hectares); East into another attractive core business slip roads (―proposed roads‖) comprehensive development area (0.07 district. The transformation will take place and associated footpaths; hectares); residential area (38.64 hectares); under the name ―Energising Kowloon East‖. 2. construction of a landscaped government, institution or community areas elevated walkway across Prince (13.31 hectares); open space (13.25 hectares) The government has exchanged views with Edward Road East; and other specified uses (13 hectares). District Councils and a number of 3. construction of an underpass to organisations and industry stakeholders form part of the proposed roads; The largest zone – the residential area – will concerning the project. After consultation, 4. construction of two sections of a be for high-density residential development. the plan has included proposals to strengthen pedestrian subway across Prince Part of the zone will be under specified plot the integration of Kowloon East and the Edward Road East and part of ratio and building height restrictions. neighbouring districts, improve pedestrian the proposed roads; connectivity and the streetscape, and enhance 5. construction of a pedestrian Other specified uses include historical sites the harbourfront area. subway extension; preserved for commercial, creative 6. widening and re-alignment of industries, cultural and recreational uses. The Energising Kowloon East Office will Concorde Road and Eastern implement measures such as greening the Road to form part of the The approved Plan will provide guidance to streets, upgrading transport facilities, proposed roads; the development and redevelopment within consolidating public space to provide more 7. temporary closure and Sai Ying Pun and Sheung Wan area. areas for social activities and enhancing reconstruction of sections of the footbridge networks in the district for better existing carriageways and [Government Press Release, 18/05/2012] crowd management. footpaths; 8. permanent closure of sections of Plan to create 25 islands threatens wildlife [Government Press Release, 07/06/2012] the existing carriageways and conversion of parts of the closed The government is seeking public opinion on Setback for runway sections into footpaths, amenity the best way to meet future development area, central medians or traffic needs, and has suggested reclaiming land to The government has requested the Airport islands; create 25 islands and waterfront extensions Authority to provide more information

PAGE 4 regarding the proposal to build a third M+ will be the museum for visual culture in Chinese artworks to M+ by Dr. Uli Sigg. He runway at the Chek Lap Kok Airport, before Hong Kong, focusing on 20th- and 21st- expressed thanks to Dr. Sigg for his donation carrying out an environmental assessment. century art, design, architecture and the and offered the following comments. The requested information must include moving image from a Hong Kong specific aspects of the affected area‘s perspective and expanding to other regions In the last few years the WKCDA has tried ecology and associated noise, health and of China, Asia and the rest of the world. to further the cause of West Kowloon and to hazards. With its ambition to become a world-class roll out the cultural hub‘s infrastructure museum, M+ aims to build a world-class hardware programme. For example, most Twelve green groups called for a more collection of Hong Kong, Chinese and Asian recently WKCDA launched an architectural detailed project profile, as the profile will visual culture. The scale of the building, at competition for designing the Xiqu Centre. determine the extent and scope of the around 60,000 square metres, will be on par The Authority is also making real progress in environmental assessment to be carried out. with the Museum of Modern Art in New terms of the software - artwork which Hong The profile previously submitted by the York. It is a project with a strong public Kong people will be able to appreciate. Airport Authority did not mention nitrogen service ethos, and is conceived as a museum emissions, fine suspended particulates and for Hong Kong and Asia, firmly rooted in the Secondly, the collection which Dr Sigg has ozone, three important pollution indicators. location and its unique culture. put together dates from 1979 to 2009. This is The Airport Authority was also criticised for precisely the three decades during which making use of outdated figures to asses the [West Kowloon Cultural District Authority China's Four Modernisations and the open- runway construction‘s impact on Hong release, 12/06/2012] door policy were in force, which has strongly Kong‘s rare pink dolphins. affected China‘s development. The Authority Setting the stage is very pleased to be able to have this After receiving the additional information, collection in Hong Kong to show the world the Environmental Protection Department The HK$21.6 billion West Kowloon Cultural how China has progressed in cultural and will carry out another 2-week consultation. District will provide a variety of facilities artistic terms. aimed at addressing a lack of performance Thirdly, Dr Sigg has been in the commercial [The Standard, 12/06/2012] venues in Hong Kong and providing a much world, operating in China. He has also needed boost for music and the arts. represented his country, Switzerland, as WEST KOWLOON ambassador. He knows China and he has a The Great Park passion for Chinese art and culture. The CULTURAL DISTRICT This is an open area which will contain an collection which Dr Sigg has donated will (WKCD) outdoor theatre and a lawn big enough for strengthen Hong Kong‘s position as the 10,000 standing people to enjoy a concert. cultural hub in Asia. It will also strengthen Major collection donation to West the city‘s exchanges with the arts world Kowloon Cultural District Free space around the world, and with fellow museums Inside the Great Park will be a live music on the Mainland and in Europe, America and The West Kowloon Cultural District venue and an outdoor theatre. Asia. Authority (WKCDA) announced on 12 June 2012 a donation of 1,463 Chinese Performance venues [Information Services Department release, contemporary artworks to the permanent (1) Mega Performance Venue is an indoor 12/06/2012] collection of M+, Hong Kong's future arena that will mainly host pop music museum for visual culture, which is due to concerts. It will also contain a HONG KONG BRIEFING convention and exhibition hall. open in 2017. The collection, conservatively (2) Lyric Theatre is for ballet, opera, dance, valued at HKD1.3 billion, was donated by Dr Hong Kong’s air pollution downgrades its musicals and other theatrical Uli Sigg of Switzerland, the world's leading livability performances. Surrounding it will be a collector of Chinese contemporary art. free outdoor cinema showing short films Air pollution continues to hold Hong Kong and screenings of major world events. The Sigg Collection is universally back from ranking top in an annual Asian (3) Great Theatre is a proscenium theatre recognised as the largest, most cities‘ livability study. Singapore took that with a cruciform stage for large-scale comprehensive and most important title instead. Hong Kong did jump from opera, ballet, dance and theatrical collection in the world of Chinese fifth spot to third, but only because rival productions. contemporary art from the 1970s to the cities were affected by recent natural (4) Musical Theatre is designed to host present. Consisting of works by 350 artists, it disasters. musicals and other large-scale has been systematically built as a coherent commercial productions. museum-quality collection since the early Hong Kong is one of Asia‘s most polluted (5) Music Centre is a concert hall 1990s, representing the historical cities, with air quality that ranks behind acoustically designed to support development of contemporary art in China as Beijing's and New Delhi's. Businesses have unamplified performances, and includes a whole. stated that the poor air damages Hong a 300-seat hall for recitals and chamber Kong‘s ability to attract and retain talent. music. Dr Sigg has donated the majority of his (6) Contemporary Performance Centre Chinese contemporary art collection to M+. [Clean Air Network newsletter, 30/04/2012] contains three differently designed Under a part gift/part purchase agreement, blackbox theatres to suit various scales M+ acquired a further 47 works from Dr. Local sources to blame for poor air of performance, and also will feature Sigg's collection for the sum of HK$77 quality education facilities. million. Part gift/ part purchase is an (7) Medium Theatre 1 is a proscenium increasingly common international model for The Environmental Protection Department theatre designed to be a home for museums to obtain collections. The main and the Department of Environmental mainstream theatre and dance. aspect of this model is that the museum Protection of Guangdong Province have (8) Medium Theatre 2 will either be a clearly shows its commitment to the released the 2011 Pearl River Delta Regional medium-sized theatre with a thrust stage collection. Air Quality Report. to provide a more intimate performance,

or a chamber hall in a shoebox style Mr Michael Lynch, Chief Executive Officer The Report shows continued improvement of suitable for small drama and dance of the WKCDA, expressed wholehearted air quality in the Pearl River Delta area, shows. gratitude to Dr Sigg for his dedication to art while, according to the 2011 Air Quality (9) Xiqu Centre will house a theatre and a and faith in M+ as the long-term home for Review conducted by CAN, Hong Kong‘s teahouse hosting traditional Chinese his rich collection. own air quality only carries on deteriorating. performance arts, such as Cantonese This demonstrates that Hong Kong‘s poor air opera, as well as arts education The donation and purchase were approved by quality is due to local sources, and not the facilities. the WKCDA Board on 12 June 2012. The PRD, which, as the Report states, has better

Board also approved the setting up of a trust air quality than before, due to the efforts of [SCMP, 19/05/2012] to hold the collection. The collection will be both governments. displayed in dedicated galleries when M+ Chairman gratefully accepts arts donation opens in 2017. M+ will also be involved in [Clean Air Network newsletter, 30/04/2012] the Chinese Contemporary Art Award, founded by Dr. Sigg in 1997, and the CCAA On 12 June 2012, the Chairman of the Board Art Critic Award. of the WKCDA, Mr Stephen Lam spoke at a press event to announce the donation of

PAGE 5

Seven hundred new clean buses for Hong [SCMP, 12/06/2012] it came into effect in December 2011. Kong Nobody has been prosecuted, even though it Setback for runway planners is still not uncommon to see parked cars with Three bus companies operating services to engines idling. The law is heading for its the airport and North Lantau were recently The Airport Authority‘s proposal to build a most stringent test yet, as motorists brace for awarded new 10-year franchises by the third runway has suffered a setback, as the the sweltering summer heat. government. Whilst New World First Bus government demands a more detailed project Services, Long Win Bus Company and plan so as to set its scope of the The law is there for citizens to adhere to; of Citybus have agreed to replace 700 old buses environmental assessment, including course, this legislation is no exception. with cleaner buses by 2016, this arrangement information concerning ecology, noise, Unfortunately, it seems that drivers can rest is only two years ahead of the original health and hazards issues. assured they will be safe, if the EPD schedule. continues to refrain from enforcing the An Authority spokesman said that the legislation. The government‘s failure to take advantage organisation was firmly committed to of this opportunity to press for greater fulfilling all statutory requirements under the It has been argued that there were some advances in removing polluting vehicles Environmental Impact Assessment practical difficulties in enforcing the law. To from our roads only shows their lack of Ordinance and will provide the requested prosecute offenders, inspectors have to get commitment to protecting public health. information once it is ready. close to the car‘s engine to listen if it is running, and also watch the exhaust pipe for [Clean Air Network newsletter, 30/04/2012] To prepare an environmental impact fume emissions. As well, drivers do not need assessment, a project profile must first be to switch off the engine immediately, but Controversial third runway proposal done and agreed by the EPD to outline the must do so within three minutes of stopping. scope of the assessment. The two-week The penalty for contravening the anti-idling The Environmental Protection Department is public consultation concerning the first law is a fine of $320. pressing the Airport Authority for more profile ended 11 June 201. The EPD received information and data concerning the 209 sets of public comments. More than 180 inspections of stationary ecological effects of its proposed vehicles were made in the first five months multibillion-dollar third runway. It is On receiving further information from the of the legislation, yet nobody has been understood that the formal request covers air Authority, the EPD will publish the EIA prosecuted. This raises serious doubts that pollution, marine life and aircraft noise. profile in the gazette. A two-week the EPD will ever be able to convict any consultation will be carried out so as to offender, should their tactics remain The Authority submitted an EIA project collect public views on the proposed profile. unchanged. profile setting out the scope of the scheme and its potential impact, but green groups Twelve green groups have called for a more Traffic police raise a lot of eyebrows when said vital details of the project‘s potential detailed profile, on the basis that the profile they adopt hide-and-seek tactics to catch impact were missing and some data quoted is very important in determining how the motorists violating traffic signs. Offending was outdated. Without the additional details, environmental assessment should be carried drivers may complain, but they will the final impact assessment report would not out. remember not to commit the same offence show the runway‘s impact on the area of again in the same spot where they were Lantau affected by the scheme, for which Erica Chan Fong-ying, campaign manager of caught. Whilst educational tactics are always 650 hectares of reclamation from the sea Clean Air Network, said that the submitted encouraged, imposing penalties brings a would be required. There is no deadline for profile did not mention the three important strong deterrent effect and helps to entrench the extra data to be submitted but all pollution indicators that relate to the third the norm of practice which the legislation is information provided would be subject to runway construction, namely nitrogen oxide, designed to encourage. two weeks of public comment. fine suspended particulates and ozone. These indicators are of paramount importance as The EPD claims that the mere presence of An Authority spokesman said the requested these pollutants can cause serious harm to inspectors on the streets has caused many information would be provided as soon as human beings; but surprisingly they were motorists to turn off their engines, even possible. If the EPD is satisfied with the completely ignored in the first profile. though no tickets have been issued to profile, it can issue a study brief outlining the anyone. But commentators argue that this specific and technical requirements for the Chan also pointed out that assessment the observation does not reflect the whole EIA. The Authority has pledged to finish the incidence of these elements was essential picture, as there are more motorists on the environmental impact assessment study because the pollution monitoring station in road than EPD inspectors. within two years. Tung Chung recorded the worst pollution among all 14 stations, which indicates that in [The Standard, 08/06/2012] More than 200 submissions were received Hong Kong the air pollution in Tung Chung during the two-week consultation on the is the most serious. Sha Lo Tung project in doubt original profile. Twelve green groups, in a joint submission, said the runway profile was Another defect in the Authority‘s Ten environmental NGOs oppose a proposal flawed because it failed to take into account environmental impacts assessment to date is to build a columbarium in the ecologically the potential noise impact on Tuen Mun and that the Authority makes use of out-dated sensitive Sha Lo Tung valley. They say the Ma Wan and recent declining trends of the data to assess the impact of runway project would destroy a butterfly and Chinese White Dolphin population. They construction on Hong Kong's rare pink dragonfly haven nearby. The NGOs describe said the profile was also ambiguous on the dolphins. The WWF says that the the proposal as "against common sense" and matter of differing air pollutants. The WWF, Agriculture, Fisheries and Conservation "not in line with government policies". Hong Kong, said the project failed to Department released estimates of the number recognise the impact on dolphins of of dolphins in Hong Kong every year; Commentators also argue that the project is narrowing water channels. however, the Authority still uses the 2007 not in line with the government's policy for and 2008 estimates in its profile. this sensitive area announced in 2004, and The third runway is estimated to cost more should be shelved until the incoming than HK$130 billion to build. The projected It is believed that the number of dolphins government can review the policy. economic benefits to the city have been put was still quite stable in 2007 and 2008, but at HK$900 billion. that the number has dropped significantly in The developer has submitted an 2011. environmental impact assessment report and The project requires reclaiming 650 hectares the Advisory Committee on the Environment of sea north of the airport, which is the [The Standard, 12/06/2012] will discuss this report in the near future. habitat of the threatened Chinese white dolphin. Former Observatory chief Lam Why idling law makes me fume The site is home to 65 per cent of Hong Chiu-ying, has publicly opposed its Kong‘s dragonfly species and 35 per cent of construction. The Motor Vehicle Idling (Fixed Penalty) butterfly species, as well as numerous kinds Ordinance was hotly contested before it was of birds and fish. Approximately 90 per cent The Authority says it is exploring ways to passed by Legco last year. of the area is owned by the Hong Kong gauge the social costs and benefits of the government. runway and the extra carbon emissions it will Unexpectedly, what is becoming more generate. controversial than the legislation itself is the [SCMP, 14/06/2012] way that the EPD has been enforcing it since

PAGE 6

Vision curbed by our `green' guidelines Canton-Hong Kong Climate Change As at March 2012, the European Union Coordination Group had its first meeting in received approximately 1200 carbon The phrase "Green architecture" is used Guangzhou. The meeting confirmed the emission reports from various airline everyday but many of us do not understand it details of the Canton-Hong Kong Climate companies. Nearly all airline companies well. Change Cooperation Plan for 2012-2013. which participated in the Scheme handed in The plan mainly seeks to explore areas carbon emission data to the European Union, ―Green architecture‖ is based on concerning climate change which may be with the exception of eight Chinese airline sustainability; it has the aim of ensuring open to cross-border cooperation between companies and two Indian airline companies. people live comfortably with minimal Hong Kong and Canton. The European Union says that if the environmental impact. Green architecture companies concerned do not hand in the embraces urban planning and infrastructure The plan covers a few major areas of emission data by mid June, it will impose design, neighborhood arrangement and cooperation. One of these is to set up a report punitive measures. landscaped park layouts, and entails criteria and exchange mechanism in relation to such as building and unit ventilation, heat extreme climate incidents. Another is to [Oriental Daily, 17/05/2012] gain, energy consumption and refuse improve cross-border climate change disposal and management. coordination. The Plan also includes Climate Change threatens nuclear and discussions of the possibility of Canton- fuel power generation Due to competition in the market, the term Hong Kong cooperation in the area of ―green‖ has begun to gain traction in the renewable energy sources. Scientists claim that due to the increase in layman's mindset and is seen as an extra river temperatures and reduction in the selling point to make a project more [Hong Kong Radio, 21/05/2012] volume of river water, European and appealing. However, today's green American power plants frequently face the architecture has become more restrictive, Energy efficiency in new public housing problem of power interruption. Surveys show narrow minded and is often short-sighted. estates that between 2031 and 2060, electricity generation by American power plants will Commentators argue that we live in a society Newly built public housing estates have reduce by 4% -- 16%, and European power whose focus is on short-term results and mostly adopted micro-climate designs, which plants will reduce power generation by 6% -- mechanical functionalism; inevitably we improve air circulation and lighting within 19%. have become the victim of our own creation. the estates. The result is a reduction in the Nowadays, the true meaning of ―sustainable daily consumption of electricity in respect of Fuel and nuclear plants use massive living‖ and ―green architecture‖ is often lost. air conditioners. Some households report that quantities of water, which is turned into their electricity charges have reduced by steam to power generators. Water inside the [The Standard, 11/06/2012] 50% compared to the old public housing power plants must be maintained at a certain estates. level of temperature. If the water temperature CLIMATE CHANGE is too high, the operation of power plants The Housing Authority introduced micro- may also be adversely affected.

climate designs to public estates in 2001. The United Nations Climate Change designs were adopted in all estates in 2004. Researchers point out that power Conference hosted in Germany All public estates need to undergo micro- interruptions have occurred in recent years.

climate assessments to assist in the In the summers of 2003, 2006 and 2009, The United Nations Climate Change architectural design of the estates to certain European power plants substantially Conference 2012 took place in May in Bonn, maximise lighting and air-circulation aspects. increased electricity charges due to the Germany. Computer-generated tests are used to achieve limited availability of river water. Power

these assessments. plants which utilises less water (such as The Conference discussed ways to reduce the natural gas power plants) should be built in rate of production of exhaust gas and the In order to continuously maintain this low preference to coal-fueled generators. New formation of carbon, thus alleviating the level of electricity consumption, it has been nuclear plants could also be constructed near growing impact of global warming. suggested that public meters should be to the sea to reduce the effect of limited river Participating members were urged to turn installed in new public estates to display the water on power generation. political promises into actions in order to power consumption of every household. This save the world. is intended to raise residents‘ awareness in [Reuters, 04/06/2012]

relation to electricity-consumption, thereby Developing countries expressed the view that encouraging households to reduce electricity Report of Council for Sustainable developed states should conform to stricter consumption. Development carbon controls. The Conference heard that according to the existing carbon-reduction Residents expressed the view that there The HK government is supportive of the plan, the temperature of the earth would should be an award system to encourage report Combating Climate Change: Energy increase by at least 5 degrees Celsius residents to conserve electricity. Some Saving and Carbon Emission reduction in compared to the pre-industrialisation era, residents suggest that an upper monthly limit Buildings recently published by the Council which is way above the upper limit of 2 be set in relation to electricity consumption for Sustainable Development. The degrees Celsius set. for each household. If the monthly limit is government says that it will implement

not exceeded for a defined period, some kind proposals outlined in the report. The The Conference saw some progress in of cash coupons could be awarded to the Environmental Protection Department several key areas. An agenda was set for the successful household(s). This form of concurs with the report in relation to the Ad Hoc Working Group on the Durban encouragement was perceived by some importance of increasing energy efficiency Platform for Enhanced Action. The working residents to be a more effective way of and reducing carbon production. The major group‘s major task is to devise an achieving reduced electricity consumption responses of the EPP concerning the report international climate agreement by 2015, goals. were as follows: which is planned to be executed by all nations in 2020. [Ta Kung Pao, 11/06/2012] (1) Public education and awareness

should be enhanced. In order to The international climate agreement should European Union urges China and India to facilitate a change in public electricity aim at reducing the production of exhaust release carbon data consumption behavior, the gas and the rate of climate change. The 2012 government will launch an event Conference also confirmed the appointment The European Union implemented the which promotes energy saving. This of the chairman of the working group. Given Emissions Trading Scheme in November will be an event for all the the sensitivity of the issue, there were fierce 2008. Under this scheme, airlines with flights community. The government will also and vigorous arguments on this issue. It was departing from or arriving in the European launch different events which target in the end resolved that in the first year, the Union must submit carbon emission reports various society groups to raise public chair will be jointly filled by India and to the European Union. Each airline is given awareness of the need for energy Norway. a certain quota in relation to carbon savings.

emissions. Carbon emissions exceeding the (2) More electricity consumption [Ming Pao, 26/05/2012] quota will be charged. This Scheme is information will be shown on

opposed vigorously by several non-European monthly electricity bills. The China and Hong Kong cooperate in states, including India and China. government is consulting with the two combating climate change electricity supply companies on the

PAGE 7

issue. Apart from the amount of environment in Hong Kong in the long recommendations bring about gradual electricity consumed for the past few run. improvement in the urban climate and months, other information, such as the the quality of the living environment in average electricity consumption level 4. Members expressed their concerns that Hong Kong. per person and the amount of carbon implementation of certain of the study‘s emission per quarter year, will also be recommendations might require Summary of ACE Paper 5/2012 on the included. This should help individuals amendments to relevant building proposed new Air Quality Objectives to understand and manage power regulations; e.g. reduction in ground (AQOs) consumption more efficiently. coverage of buildings, which runs (3) To promote energy efficiency, the contrary to the prevailing practice of the The Proposal Building Energy Code will be revised property sector in maximising the and strengthened. After the new Code permitted plot ratios when designing On 17 January 2012, the government has come in to effect (September buildings. announced the following:- 2012), the government will review the standard of lighting devices used in 5. The government replied that the (a) the proposed new AQOs will be adopted Hong Kong. The standards set out in proposed mitigating design measures together with air quality improvement the Code will be reviewed every three would be implemented through existing measures, which will be implemented years. The Mandatory Energy planning and development control subject to resource availability; Efficiency Labeling Scheme will also systems. At district planning level, the (b) the preparatory work for the amendment be subject to review. Planning Department would take of the Air Pollution Control Ordinance (4) Green buildings will also be promoted forward the study recommendations as (Cap. 311) (―APCO‖) has begun, with by the government, which will to appropriate building height profiles the aim of tabling the Amendment Bill in cooperate closely with professional and other matters. The development the 2012-13 Legco session and organisations, and promote the intensity permitted in the Outline introducing the new AQOs in 2014; and appreciation of BEAM Plus standards Zoning Plans (―OZPs‖) would not be (c) government projects for which EIA in buildings. affected. studies have not yet commenced should endeavour to adopt the proposed new [Sing Tao Daily, 07/06/2012] 6. In planning New Development Areas, AQOs as the benchmark for conducting AVA would be undertaken to ensure air quality impact assessments as part of ADVISORY COUNCIL ON consideration of air ventilation in early the EIAs. planning and lease conditions. The THE ENVIRONMENT Planning Department would also liaise Achieving the proposed new AQOs (ACE) with the Building Department to align the proposed measures where To attain the proposed new AQOs, the AQOs Summary of minutes of the 185th Meeting appropriate. It was recommended by the review has recommended 19 Phase I air of the Advisory Council on the Planning Department that more greenery quality improvement measures. These Environment held on 7 February 2012 and reduced ground coverage in include the following:- planning new development areas like Members were briefed on ACE Paper 3/2012 Kai Tak will be adopted as a design (a) using cleaner fuel to generate electricity; dealing with the purpose of commissioning measure to help mitigate the urban heat- (b) early replacement of old vehicles; the Urban Climate Map and Standards for island effect. (c) wider adoption of hybrid and electric Wind Environment Feasibility Study (―UCM vehicles; Study‖). Salient points arising from the 7. In response to members‘ concern (d) transport management measures, such meeting are:- regarding the proposed implementation as: bus route rationalisation; setting up mechanism, the government said that low emission zones; expanding the rail 1. The UCM Study began in 2006 with the existing statutory and administrative network; and promotion of energy objectives to:- mechanisms would be sufficient to take efficient transport; forward the study‘s recommendations. (e) reduction of emissions from ocean- (a) examine Hong Kong‘s urban With incorporation of the UC-ReMap going vessels and upgrading the quality climatic conditions; and the refined AVA system in to the of marine fuels used by local vessels; (b) identify appropriate planning and Technical Circular and Hong Kong (f) retrofit Euro II and III franchised buses design measures to achieve long- Planning Standards and Guidelines with selective catalytic reduction term improvement of the urban (―HKPSG‖), both the government and devices to reduce their emissions of climate; private sectors have to carry out AVA nitrogen dioxides; and (c) establish a wind performance for projects that might have air (g) introduce a strengthened emission criterion for assessing if a ventilation implications under existing control regime for petrol and liquefied development proposal is planning and development controls. petroleum gas vehicles. acceptable from air ventilation Regarding the long-term goal for wind perspective; and performance, the government said that it Environmental and economic implications of (d) refine the air ventilation needs to plan wisely so that a desirable updating the AQOs assessment (―AVA‖) system. wind environment will be restored and maintained. The proposed new AQOs aim at providing 2. The findings and recommendations of better protection of public health against air the UCM Study include the following:- 8. ACE suggested the implementation of pollution. Modeling results show that with the AVA, particularly in very large sites implementation of the proposed air quality (a) to adopt the urban climatic like Kai Tak, could adversely affect a improvement measures, coupled with planning map (―UC-ReMap‖) project‘s visual impact and permitted continuous efforts of Guangdong in reducing delineating five urban climatic development intensity. The government air pollution, Hong Kong‘s ambient air planning zones (―UCPZs‖); explained that whilst controlling quality should eventually broadly comply (b) broad strategic planning actions building volume would reduce heat with the proposed new AQOs. recommended for each UCPZ; dissipation and thermal load, it was not (e) proposed planning and design the sole determining factor. Given the The air quality improvement measures measures for improving urban same development intensity, the impact should improve quality of life, reducing climate; and of individual projects on urban climate medical costs and indirectly raising labour (d) a refined AVA system, including will vary from site to site. In this productivity. It is estimated that about 4,200 a wind performance criterion for respect, the Planning Department is unnecessary hospital admissions and 7,400 future AVAs. working to mandate that the proposed statistical life years would be saved each planning and building design measures year on attainment of the proposed new 3. The strategy is based on a progressive be followed by the private sector in their AQOs. The proposal would also facilitate introduction of mitigation measures, project planning and design. further collaborative efforts with Guangdong beginning with individual sites, which in improving regional air quality and the could then be agglomerated to form 9. Overall, ACE was supportive of the development of an environmental industry in larger sites wherever practicable, so as UCM Study‘s recommendations. The the region. to improve the overall urban living Council expressed the view that only by concerted efforts of both the public and The proposed measures may have a more private sectors will the significant impact on certain sectors of the

PAGE 8 economy, such as the power and transport several policy options open to China to AUSTRALIA sectors, than others. The AQOs review reduce emissions of greenhouse gases. estimates that the proposal for increasing the Environment groups have called for an share of natural gas to 50% Hong Kong‘s According to the China climate and energy immediate halt to development around the domestic electricity generation would raise policy director, any proposed tax on carbon Great Barrier Reef after a United Nations electricity tariffs by at least 20%. would likely start from a low rate of report expressed ‗‗extreme concern‘‘ about approximately RMB10 per tonne of carbon its future. In a report released early this Summary of ACE Paper 6/2012 on the dioxide. It is estimated that levying a carbon morning UNESCO said no further major water quality of gazetted beaches in Hong tax could help encourage improvements in development should go ahead without an Kong in 2011 industrial energy efficiency of anywhere overall assessment of the Reef‘s health. from 5 percent to 25 percent. A carbon tax The Environmental Protection Department would also help save energy by increasing ―Considering the high rate of approvals over (―EPD‖) runs a monitoring programme to the price of fossil fuels and would also the past 12 years, this unprecedented scale of assess the water quality of the 41 gazetted reduce carbon emissions. A carbon tax development affecting or potentially beaches in Hong Kong. would also be easier to administer than a affecting the property poses serious concerns carbon cap and trade programme because it over its long-term conservation,‘‘ the Beach water quality is assessed through a would focus on upstream producers of fossil UNESCO report found. It says the area ranking system which links the water quality fuels rather than downstream consumers. could be listed as a World Heritage Site in of a beach with swimming-associated health As the carbon tax will initially be at a danger if ‗‗threatening‘‘ developments are risks, as indicated by the number of E. coli relatively low rate, it will have a very small allowed to proceed. bacteria in the water. According to this impact on industries and consumers in system, beaches are ranked as ―Good‖, China. UNESCO says the ‗‗in danger‘‘ status could ―Fair‖, ―Poor‖ or ―Very Poor‖. Only those be applied if the federal government does not beaches in the ranks of ―Good‖ and ―Fair‖ [China Daily, 15/06/2012] give the world heritage committee evidence meet the Water Quality Objective (―WQO‖) of substantial progress before February 1 for bathing waters. next year. JAPAN In 2011, 76% of the 41 gazetted beaches Greenpeace campaigner Ben Pearson said were ranked as ―Good‖ and the remaining Post-Fukushima radiation levels are ‘low’ development on the Reef was ‗‗out of 24% were ranked as ―Fair‘. In 2010, none of control‘‘. the beaches was rated as ―Poor‖ or ―Very The earthquake and tsunami in Japan in Poor‖, thus maintaining full compliance with March 2011 triggered a nuclear meltdown at ―There are 35 major development the WQO for bathing waters. The number of Fukushima Daiichi nuclear plant, causing applications seeking approval within the next beaches receiving the ―Good‖ ranking has radiation leaks and forcing the evacuation of 18 months that would impact on the reef. increased from 23 in 2010 to 31. thousands of people. Thankfully UNESCO has recognised the scale of the threat and is calling for urgent Through continuous efforts of the According to a World Health Organization action. We may as well kiss the Reef government to implement pollution (WHO) report published in May 2012, goodbye if we sign off on even half of abatement measures, all of Hong Kong‘s radiation levels in most of Japan are below sixfold expansion of coal port capacity beaches have now achieved the required cancer-causing levels a year after the planned in the World Heritage Area,‖ Mr standard for bathing waters for two Fukushima plant accident. The preliminary Pearson said. consecutive years (2010 and 2011). Close report is part of a wider ongoing health monitoring of all the beaches will continue in assessment by WHO. GetUp‘s environmental campaigns director 2012 to ascertain that the observed said: ‗‗This report by UNESCO clearly achievement can be sustained and that beach The Fukushima nuclear plant was badly shows the Reef is as risk. UNESCO knows water quality continues to meet the WQO. damaged in the earthquake. Two areas near it. The Australian people know it. And now it the plant have relatively higher levels of is time for the federal and state governments REGIONAL & radiation, but radiation levels in surrounding to do something about these very real countries are close to normal. concerns.‘‘ INTERNATIONAL Namie town and Itate village, near the plant [The Age, 02/06/2012] CHINA in eastern Japan, are exposed to radiation levels of 10-50 millisieverts (mSv). The rest Australia has world class renewable energy China considers ways of reducing harmful of Fukushima has radiation levels of 1-10 resources across a range of technologies, emissions mSv. Most of Japan has levels of 0.1-1 mSv; from solar and wind through to hot rocks and neighbouring countries have less than 0.01 oceans. Australia should lead the world into Despite leading in some aspects of green mSv. a 100% renewable energy future. However, technology, such as solar and wind power, this is not happening. China still faces a challenge to reduce its The report says that levels outside Japan are level of greenhouse gas emissions. below those regarded by the international Australia has one of the world‘s best and radiological protection community as ―very biggest solar energy resources, yet today less In November 2011 Beijing expanded its small‖. People are exposed on average to than 1% of its electricity is generated from resources tax after more than a year of trials. around 2 mSv of radiation a year from the this clean energy source. And despite a The resources tax not only covers China‘s oil natural environment, although there is decade of government renewable energy and gas giants, but will also be extended to considerable variation between individuals. targets, the nation currently generates only include iron ore, coking coal and rare earth The single-year limit for occupational about 7% of electricity from renewable ores. Heating coal, which is widely used by exposure of workers is 50 mSv. To avoid any energy sources. But things may be changing the general public, has not been included in underestimation of radiation levels, the for the better. the tax. report used conservative assumptions, and says some of the levels may have been Clean energy development in Australia The government hopes the resources tax will overestimated. recently received a massive boost that could help local governments offset some of the lead to exciting outcomes. The federal environmental damage caused by mining in Separately a UN scientific committee said government‘s clean energy package to put a the poorer and more remote corners of the several workers at the plant had been price on pollution and included an country. irradiated after contamination of their skin. unprecedented investment of $13.2 billion According to a statement issued on interim for national clean energy development. From However, China still needs to invest more if findings by the United Nations Scientific this, the government could unlock a clean it is to reduce pollution levels, especially Committee on the Effects of Radiation energy boom of up to $100 billion in private carbon emissions. In fact, Beijing is (UNSCEAR), six workers have died since investment that would put Australia on track considering a tax on carbon emissions based the accident, but none of the deaths was to be a leader in the clean energy race. on each tonne of carbon dioxide emitted. In linked to irradiation. doing so the government hopes to channel The Australian Conservation Foundation is money from the emissions tax to green [BBC News, 24/05/2012] campaigning to make sure that these funds energy projects, including research and are released and investments are made as development. A tax on carbon is also one of soon as possible. The ACF wants to make sure investment supports the new clean

PAGE 9 technologies that can‘t yet compete in the In July this year UNESCO will make its final the pristine Coral Sea off the country‘s energy market, and will try to leverage the decision about the state of the Reef‘s World northeastern coast and the iconic Great maximum amount of money from the private Heritage listing. Barrier Reef. sector to do it. It is critical that these funds successfully unleash a boom in large-scale [The Age, 03/06/2012] The number of marine reserves will be renewable energy projects that will end our increased from 27 to 60, covering 800,000 dependence on coal and gas. Huge marine parks created square kilometres of protected waters. The proposal is expected to be approved by The transition to a clean energy economy is The federal government has announced the Parliament and take effect late this year. The slowly ramping up in Australia. In 2001 the world‘s largest network of marine government expects to pay about AUD100 Howard government introduced the sanctuaries covering an area of million to the fishing industry in Mandatory Renewable Energy Target to approximately 2.3 million square kilometres. compensation for the new restrictions. increase the amount of renewable energy in This represents a turning point in the Australia by 2 per cent. From this slow conservation and management of Australia‘s beginning the government has now moved to oceans. Scientific evidence has shown that However, the plan drew mixed reviews from a 20 per cent Renewable Energy Target by over-fishing is the key threat to the health of environmental groups, which, while broadly 2020, legislated in 2010. Investment in marine life. Creation of the new marine supportive of the overall goal of sheltering large-scale renewable energy projects and parks signals official recognition of this key delicate marine ecosystems from rooftop solar generators have increased threat and a clear change in direction toward exploitation, complained that it did not go far significantly. action to safeguard critical areas for the enough to safeguard areas that are rich in oil future. Just like national parks on land, and natural gas reserves or under pressure ACF maintains that Australia should pick up marine sanctuaries are now an accepted and from industrial fishing. the pace and aim for 40 per cent of its energy mainstream part of the national agenda to being sourced from renewable energy address the unprecedented threats facing The Australian Conservation Foundation, a sources as soon as 2020. The $3.2 billion Australia‘s unique marine life. leading environmental group, welcomed the Australian Renewable Energy Agency protections the plan would grant to areas that (ARENA) will primarily support research Whilst the tide has now turned, it's important it said are home to 45 of the world‘s 78 and development in new clean energy to recognise that the federal government whale and dolphin species, six of the seven technologies. could and should have gone further. None of known species of marine turtle, and 4,000 us is under any illusions that the challenge of fish species. But ACF was critical of [ACF press release, 02/06/2012] protecting our oceans could be resolved exemptions for exploration in energy-rich overnight, and many hotspots that whales, areas, particularly along the coast of Western A SCATHING United Nations report dolphins, sea lions and other magnificent Australia. demanding Australia act to protect the marine life call home remain at risk. Over- endangered Great Barrier Reef has been fishing and oil drilling remain real threats rebuffed by the Queensland government. that will need to be dealt with. In May 2012, the minister for resources and The report, by the UN's environment energy opened up 27 new areas for oil and organisation UNESCO, said continuing The marine reserves will have difference gas exploration, even though these had been development on the mainland in areas close levels of safeguards for their various under consideration for marine protection, to the Reef could threaten its World Heritage components. The fully protected sanctuary – raising concerns among environmental status. which bans all forms of exploitation, groups and advocates for the fishing industry But Queensland Premier Campbell Newman including oil/minerals exploration – about concessions made to the mining sector has made it clear he will not stop comprises an area of 850,000 square in mapping out the reserves. development in and around the Reef despite kilometres. This is the single largest area the UNESCO threat to classify it as a ―World that any country has ever protected – land or Among the areas excluded from the plan are Heritage site in danger‖ unless substantial sea – by one declaration, and is larger than resource-rich regions off the west coast and changes are made to the way Australia all of Germany and Spain combined. in the Great Australian Bight — a massive manages the area. Mr. Newman said that, open bay off the central and western portions although he was concerned about the effect Australia will now have marine parks of the country‘s southern coastline. That led of development on the Reef, ―'we are not surrounding it, not just the Greet Barrier critics like the Greens party to criticise the going to see the economic future of Reef and several other sites as is the present proposal as a ―cave-in to the oil and gas Queensland shut down‖. situation. industry‖.

―We are in the coal business. If you want The marine parks will be places that will [The New York Times, 14/06/2012] decent hospitals, schools and police on the forever now provide sanctuary to thousands beat we all need to understand that,‖ Mr. of species of marine life, from bizarre and Newman said. delicate leafy sea dragons, to magnificent SINGAPORE southern right whales, to ancient Loggerhead The federal Minister for the Environment, turtles, and swirling schools of fish. Singapore to boost ‘green’ buildings Tony Burke, yesterday acknowledged the Great Barrier Reef was ―at a crossroads‖ but [Safe Our Marine Life and The Wilderness said there was not much he could do to stop Society, press releases, 14/06/2012] Nearly all electricity used by Singapore is development applications already in produced by burning fossil fuels, which in progress. Australia plans world’s largest marine 2010 contributed to the largest carbon reserve and bans drilling footprint per head in the Asia-Pacific region, The federal and state governments are according to conservation group the World completing a joint assessment of the impact The Australian government announced on Wide Fund for Nature (WWF). South Korea of proposed developments on the Reef. 14th June 2012 that Australia plans to create and third-placed Japan follow close behind. the world‘s largest network of marine Much of the development – and therefore the reserves, encompassing a 3.1 million square For environmentalists, the scenario is all too environmental concern – centres around the kilometre patchwork of coastal waters. The familiar in the Asia region, where urban coal boom in the Galilee basin in central move is aimed at balancing protection for the populations will soar from 1.9 billion to 3.3 Queensland. Extra shipping will be required country‘s delicate reefs and marine life, billion by 2050 according to United Nations to meet the needs of nine mines proposed for which are facing increasing environmental data. Such growth puts sustainability on top the area, seven of which would be bigger pressures, especially due to the demands of of the agenda, but critics say Asia's than any other mine in the country, according its booming resource-driven economy. megacities are not doing enough to curb their to Greenpeace. voracious appetite for energy. Singapore is The health of the World Heritage-listed recognised as one of the worst offenders. The plans the Queensland government are Great Barrier Reef has become a major considering right now would see thousands concern, as scientists have warned that The WWF added that buildings contribute more ships sailing right past the Great climate change and population pressures some 16 percent of Singapore's carbon Barrier Reef Heritage Area. There will be a pose threats to its long-term survival. Under emissions. Whilst Singapore contends that massive increase in traffic near the reef, the plan, commercial fishing and oil and gas the WWF's per capita measurement of which will lead to a massive increase in the exploration would be restricted in nearly carbon emissions "disadvantages countries risk of oil spills, according to green groups. one-third of Australia‘s territorial waters, an with small populations", compared to the area of 1.2 million square miles that includes

PAGE 10 likes of rapidly industrialising China, it has The legislation, which sets targets for Clean air and natural gas nevertheless been spurred into action. reducing greenhouse gas emissions and increasing the use of renewable energy, is The Obama administration's new rules were th In 2005, the Singaporean government only the second of its kind in the world. It announced by the EPA on 18 April 2012. embarked on a project to promote the would make Mexico the first developing The rules, aimed at cutting harmful development of high-tech, low-energy country with integral legislation dealing with emissions from natural gas wells, are the first buildings and the retrofitting of older ones in climate change. federal effort to address air pollution a push to "green" at least 80 percent of all problems associated with hydraulic buildings by 2030. Since then 1,000 The measures had been passed by the Senate fracturing. They will require drillers to government-certified green buildings have in April 2012 by 78 votes to nil. capture toxic and smog-forming pollutants, been built in Singapore, accounting for 13 along with methane, a powerful greenhouse percent of gross floor space in the country. As well as setting a target for greenhouse gas gas, before they escape into the air. Together with cash incentives, developers emissions, the law stipulates that 35% of who meet targets set by the Building and Mexico's energy must come from renewable Roughly 13,000 wells are ―fractured‖ each Construction Authority (BCA) are given sources by 2024, and that government year. The rules would require drillers to more leeway to have bigger floor areas. agencies will be obliged to use renewable undertake ―green completions‖, in which energy sources. The law also establishes a gases emerging at the wellhead are captured United World College Southeast Asia, an trading scheme for greenhouse gas emissions and stored in trailer-mounted tanks and international school, is one of the permits. routed back into pipelines. torchbearers of the drive. Its 5.5-hectare (13.5 acres) campus in Singapore's eastern The only similar legislation to have been President Obama has repeatedly said that he region was awarded the nation's Green Mark enacted so far elsewhere in the world was favours robust exploration for natural gas, in Platinum award in 2011, the highest accolade introduced by the UK government in 2008, part because it is plentiful and cheap, but in the official rating system. The college by which the UK pledged to reduce also because it produces only about half the worked closely with architects to design a greenhouse gas emissions by at least 80% by greenhouse gas emissions that coal does. building that had energy efficiency as a 2050. Coal produces nearly half the country's central objective. Features like rooftop solar electricity. However, natural gas' share, now panels, cascading walls that block off heat, [BBC News, 06/06/2012] a little over one-fifth, is rising as more and optimal use of natural light make the supplies are found and prices drop. campus about 30 percent more energy- efficient than conventional buildings of UNITES STATES There are still legitimate concerns about similar size. The 2,500 students are also kept hydrofracturing's potential impact on water aware of daily water and electricity U.S. greenhouse gas emissions are supplies; an E.P.A. study is due next year. consumption levels by meters which are increasing But the rules should ease concerns about the prominently displayed on every floor. process' effect on air pollution and global After dropping for two years during the warming. Far from presenting new obstacles recession, U.S. emissions of gases blamed to drilling, the rules could win supporters for Despite the surge in constructing ―green‖ for global warming rose in 2010 as the hydrofracturing. buildings, BCA chief executive said some economy heated up, the Environmental developers are still averse to riding the green Protection Agency (EPA) reported in its [New York Times, 20/04/2012] wave, due to what they see as relatively high annual inventory of greenhouse gases. costs of green technologies, such as solar.

Developers who shun green technologies Output of carbon dioxide and other heat- NIGERIA may not be fully aware of the scale of trapping gasses was up 3.2 percent from savings they are missing out on. 2009 as the nation climbed slowly out of the Nigeria lead poisoning deepest economic downturn since the Great Although the cost of solar panels is falling by Depression. The charity Medecins Sans Frontieres (MSF) about four percent every year, solar-derived has called on the Nigerian government to do electricity remains more expensive than that EPA reported that the increase from 2009 to more to deal with a deadly outbreak of lead from the power grid. This is mainly due to its 2010 was primarily due to an increase in poisoning. MSF is concerned that the relatively high capital costs as well as economic output, resulting in an increase in situation in Zamfara is deteriorating as the maintenance costs, according to Singapore's energy consumption across all sectors, and water supply becomes polluted. Energy Market Authority. much warmer summer conditions which caused an increase in electricity demand for In 2009, hundreds of children in the northern City Developments Limited, one of air conditioning powered by electricity state of Zamfara died from exposure to lead. Singapore's top property groups, is generated primarily by combusting coal and They were poisoned by dust released by gold nevertheless confident that environmentally- natural gas. miners breaking open rocks near their friendly buildings will become the norm as homes. The charity said 4,000 other children "green consumerism" gains traction. Its City The report, produced for domestic remain contaminated; many of them were Square Mall has an integrated park and solar- policymakers and for the United Nations unable to get treatment. panelled roof. Framework Convention on Climate Change, covers emissions of the six main greenhouse In November 2011, the Nigerian government In addition to making buildings more energy- gases: carbon dioxide, methane, nitrous said it would spend more than US$5m efficient, Singapore is also aggressively oxide, hydrofluorocarbons, perfluorocarbons cleaning up Zamfara, and in some areas this developing desalination and sewage- and sulfur hexafluoride. It said that work has already begun. At a two-day recycling technology to address its chronic emissions of those gases dropped by about 8 conference in Abuja, Human Rights Watch water shortages. percent from 2007 to 2009 following 15 noted that the government had not sent years of fairly steady increases. Total United senior officials and suggested this underlined With Singaporeans increasingly aware of States emissions rose 10.5 percent from 1990 the fact that authorities were not taking the environmental issues, there will be greater to 2010. situation seriously enough. MSF said that public demand for investment in green although the government has started a clean innovations and technology. The President has promised the United up it must do more to stop people mining. Nations that domestic greenhouse gas [Agence France-Presse (AFP), 24/04/2012] emissions will fall in the range of 17 percent The outbreak began after the price of gold below 2005 levels by 2020, through a shot up and villagers realised they could combination of government policy steps, make more money from exploiting local gold MEXICO energy innovation and the deployment of deposits than from farming. They carried low-carbon production techniques. rocks home to break them open, but as well Mexico enacts climate change legislation Emissions in 2010 were 5 percent below as gold the rocks contained high levels of those of 2005, indicating that the goal could lead, so poisonous dust and flakes were Mexico‘s President signed a law introducing be met with aggressive efforts by released into the community. Contaminated binding emission targets on 5th June 2012, government and industry. soil was also dumped in water sources and the UN Environment Programme's World there were fears that rain would also spread Environment Day. Mexico is now committed [New York Times, 16/04/2012] pollutants. to reducing greenhouse gas emissions by 30% by 2020 and by 50% by 2050.

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Exposure to high levels of lead can damage could include a deal on protecting oceans, developing countries – Brazil, Russia, India, the brain and nervous system, and in severe the establishment of a powerful global China and South Africa – are present, as the cases cause seizures, coma and death. MSF agency for the environment, financial issue of development is something they said the situation in Zamfara was one of the support to encourage sustainability for cannot afford to ignore. worst ever cases ever, if not the worst case, poorer nations and the appointment of an of lead poisoning. ecological high commissioner. [The Independent, 21/06/2012]

The BBC's Nigeria correspondent said that Will they succeed? since the problem first came to light about three years ago, the price of gold has almost The best that can be hoped for is that Rio doubled. More people have turned to mining, +20 will be the start of a process that leads to despite the health risks to their families. some or all of these goals being met. Few Although the authorities have told people to expect hard and fast policies to be put in stop mining, MSF wants to see better place after three days of discussion and the education in place to alert people to the likelihood is that participants will sign up to health risks. a document committing themselves to further action in the future. [BBC News, 11/05/2012] What is open to question is how effective that document will be, given the struggle to WORLD build consensus ahead of the conference. The absence of key players like Obama has cast a Will Rio +20 solve world's environmental shadow, as has the relative failure of the problems? 1997 Kyoto Protocol on limiting greenhouse gases, which was set in motion at the 1992 Rio +20, a major international environmental Rio summit. conference to take place in Brazil in June 2012, is described by its organisers as a There are also numerous sticking points. "once in a lifetime" opportunity to safeguard Wealthy and poorer nations are likely to our planet for generations to come. argue over sharing the burden of cutting carbon emissions. There are also concerns The key issues surrounding the conference over the exclusion of references to basic are:- human rights, such as access to water. Environmental monitoring methods are also What is Rio + 20? expected to spark dissent.

Rio+20 is a three-day summit taking place [CNN News, 11/06/2012] from June 20 – 22, 2012 and organised by the United Nations to tackle environmental World leaders accused of Rio + 20 failure issues. Its name signifies it is being held in Rio de Janeiro 20 years after a similar "Earth More than 100 world leaders, but not Summit" in the same city. It is the biggest America's Barack Obama or Britain's David U.N. conference in years. Cameron, gathered in Rio de Janeiro yesterday for a three-day UN summit on What will they talk about? sustainable development – the formula for bringing millions of people out of poverty The summit will essentially look at how to without trashing the environment. safeguard global economic growth without destroying the planet in the process. It also The gathering at ―Rio Plus 20‖ marks the aims to ensure that any new environmental 20th anniversary of the so-called ―Earth policies will transcend international borders. Summit‖ in Rio in June 1992, regarded as Within these goals, there are key areas of one of the most influential environmental discussion, including food security, water gatherings ever, not least for the two UN and energy -- and a focus on developing treaties it saw signed on climate change and countries. biodiversity.

Why is it important? Expectations this time are much lower and have been steadily dropping all week, The world's environment has continued to especially since the draft final text, entitled suffer since the 1992 summit. The World The Future We Want, was released two Wildlife Fund's recent Living Planet report nights ago. Many environmental groups say said the ever-swelling global population is it contains no new commitments for anyone still consuming far more than can be to do anything, no targets and no timetables, replenished. The report said there was a and it is unlikely to be strengthened when widening and "potentially catastrophic" gap heads of state and government sign off on it. between the ecological footprints of rich and poor nations. Global consumption of natural ―This summit was over before it even resources, carbon emissions and poverty started,‖ Oxfam's Antonio Hill said last have all continued to increase. Although night. ―World leaders failed to seize the day. some contest such claims, scientific research This summit will be recognised as a failure – points to a steady rise in world temperature a fail on equity, a fail on ecology and a fail which, if unchecked, is forecast to have on economy. We always knew catastrophic consequences for the planet. governments‘ ambitions were low, but the final deal lacks a single new meaningful What do organizers hope to achieve? commitment.‖

It is hoped that the conference will produce, The sense that the conference might not or at least lay the groundwork for, a set of make decisions of substance clearly sustainable development goals that can be influenced Mr Obama and Mr Cameron's adopted worldwide. These will set targets for decisions to stay away. The President has consumption and production and put in place sent Hillary Clinton, his Secretary of State, a system of checks to ensure they are met. in his place, and Mr Cameron has sent the Deputy Prime Minister, Nick Clegg. German Reports quoting documents leaked ahead of Chancellor Angela Merkel is another the summit suggest that countries will be prominent rich-country absentee. But all the asked to sign up to 10 separate goals. These leaders of the ―Brics‖ group of leading

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This Quarterly Report does not constitute legal advice given on any particular matter. Whilst all effort has been made to ensure completeness and accuracy at the time of publication, no responsibility is accepted for errors and omissions. Further information and enquiries in respect of this quarterly should be directed to Fred Kan & Co.

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Hong Kong, China Kuala Lumpur, Malaysia Ho Chi Minh City, Vietnam FRED KAN & CO. CHEANG & ARIFF LUATVIET Suite 3104-07, Central Plaza 39 Court @ Loke Mansion Saigon Tower, Suite 908-909 18 Harbour Road No. 273A, Jalan Medan Tuanku 29 Le Duan Boulevard Hong Kong 50300 Kuala Lumpur, Malaysia District 1, Ho Chi Minh City Tel: (852) 2598-1318 Tel: (603) 2161-0803 Vietnam Fax: (852) 2588-1318 Fax: (603) 2161- 4475 Tel: (84) 8-824-8440 Fax: (84) 8-824-8441 Inner Mongolia, China Auckland, New Zealand JIANZHONG LAW FIRM HESKETH HENRY The Midlle Part of Jianshe Road 41 Shortland Street Baotou , Inner Mongolia Auckland, New Zealand P.R.China Tel: (64) 9-375-8700 Tel: (86) 472-7155473 Fax: (64) 9-309-4494 Fax: (86) 472-7155474

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Convictions under environmental legislation: April to May 2012 (June data not available)

[Note: the EPD no longer classifies second (and subsequent) offences.]

The EPD‘s summary of convictions recorded and fines imposed during the above period is as follows:

April 2012

Sixteen convictions were recorded in April for breaches of legislation enforced by the Environmental Protection Department.

Three of the convictions were under the Air Pollution Control Ordinance, 5 under the Noise Control Ordinance and 8 under the Waste Disposal Ordinance.

The heaviest fine in April was $50,000, assessed against a company that imported controlled waste without a permit.

May 2012

Twenty-three convictions were recorded in May for breaches of legislation enforced by the Environmental Protection Department.

Five of the convictions were under the Air Pollution Control Ordinance, 9 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance and 8 under the Waste Disposal Ordinance.

The heaviest fine in May was $18,000 imposed on a company that carried out prescribed construction work in designated area without valid construction noise permit.

Fred Kan & Co. Solicitors Suite 3104-07 Central Plaza 18 Harbour Road Wanchai Hong Kong

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