Recent amendments to the Fisheries Protection Ordinance (Cap. 171), including a long overdue ban on bottom- trawling, lead us to revisit in this edition the rather depressing topic of marine conservation in Hong Kong.

The Editors

WHAT HOPE FOR HONG Destructive fishing practices CONTENTS KONG’S MARINE The Coral Reef Alliance describes ECOSYSTEMS? destructive, or exploitive, fishing practices as: “practices that produce short-term In June 2012 the Legco finally passed the economic benefits for fishermen at the Fisheries Protection Amendment Bill which expense of destruction to marine habitats. FEATURE: Page amends quite substantially the Fisheries Although employed primarily by Protection Ordinance (Cap.171) (the impoverished fishermen in developing Ordinance). The amendments include a countries, particularly in Southeast Asia,

WHAT HOPE FOR HONG complete ban on trawling for fish as from 31 destructive fishing has also been observed in KONG’S MARINE December 2012, as well as introducing wealthy nations around the world. The most ECOSYSTEMS? …………... 1 several other measures designed to common methods of destructive fishing significantly improve protection of Hong include: bottom trawling, explosive fishing, Kong’s devastated fisheries. cyanide fishing, and muro-ami. These TOWN PLANNING ...... 3 practices contribute to overfishing and the Under section 21 of the Ordinance, a fishing depletion of fish stocks by significantly WEST KOWLOON vessel will not be licensed unless the increasing catches while also inadvertently CULTURAL DISTRICT Director is satisfied the vessel will not be killing species not targeted by fishermen, used for trawling. As well, trawling known as by-catch. They not only adversely (WKCD) ………………………… 4 equipment is banned under the Fisheries impact fish populations, but they also disrupt Protection (Specification of Apparatus) entire marine ecosystems, degrading coral HONG KONG BRIEFING……... 5 (Amendment) Notice 2011 (L.N. 45/2011). reef structures which provide habitats where many animals live and reproduce.” For many people, who for years have been CLIMATE CHANGE…………... 7 deeply concerned by the wide destruction of Bottom-trawling our marine ecosystems caused by trawling ADVISORY COUNCIL ON and have agitated for the practice to be Trawling is an especially destructive method THE ENVIRONMENT (ACE)… 9 banned, the long-overdue ban is most of harvesting targeted fish species because welcome. The government is to be everything else is also caught and, inevitably, commended for having the courage to ban destroyed in the process. Trawlers’ nets REGIONAL & trawling, notwithstanding the usual scoop up everything in their path, leaving INTERNATIONAL…………….. 10 opposition from the powerful fishing barren wastelands which take many years to industry (which opposes any measure that recover. In November 2007, leading marine threatens the status quo, no matter what the scientists predicted that if current worldwide PROSECUTION STATISTICS... 13 science shows us). The ban represents a rare trawling continued, these would be no fish example of meaningful action by the left within 50 years : South Pacific to Stop government to protect our environment, even Bottom Trawling, 5/5/07. It makes you if it was many years late in coming. wonder why it has taken the government so long to eliminate trawling, and why the ban However, trawling is only one of a number does not begin operating until 31 December of destructive fishing practices traditionally 2012. employed in Hong Kong. Hong Kong’s marine ecosystems have also been There are other destructive fishing significantly damaged by other destructive techniques commonly employed in the Asia- fishing practices. It remains to be seen if the Pacific region, although it is difficult to Ordinance will now be enforced sufficiently assess the extent of use of such destructive robustly as to reduce the incidence of such fishing practices in Hong Kong waters. The environmentally irresponsible conduct by problem is more acute and widespread in local fishermen. countries such as the Philippines, Papua New Guinea and Indonesia; but, there can be no doubt Hong Kong also has to monitor for,

October 2012 and stamp out, the use of destructive fishing Although illegal, blast fishing remains “The Marine Police have been aware of the methods adopted by some irresponsible and widespread in 30 countries within Southeast problem of fish-bombing in Hong Kong greedy persons. Asia and Oceania as well as parts of Eastern waters for a number of years, and have acted Africa. to contain and prevent the problem. In this Apart from trawling, the most common respect they have identified the area around destructive fishing practices (so far Muro-ami Double Haven as being a “black spot”. In identified) are as follows. order to combat the practice, regular shore Muro-ami is an illegal fishing method of patrols and searches of fishing vessels are Cyanide fishing “drive-in net fishing” in which coral is conducted and have had a high degree of covered in fine-mesh nets and then pounded success in respect of seizures of explosives. Cyanide fishing generally involves the use of with stones to scare fish into the net. In 1995, 1,508 sticks of dynamite weighing the sodium cyanide to stun and capture live Okinawan fishermen began this highly 269 kg, and so far this year 988 sticks fish for the aquarium or ornamental fish destructive practice in the early 20th century, weighing 367 kg, have been seized. The trade. First documented in the Philippines in and it has become widespread throughout explosives consist mainly of amatol, 1962, this fishing method is most prevalent Southeast Asia, particularly, in the identified as being of Chinese origin. Fish- in Southeast Asia. Despite restrictions Philippines. Sometimes cranes are attached bombing is “traditional” in Hong Kong making it illegal, incidences of cyanide to the fishing boats to drop huge cement waters, and it is obvious that police efforts fishing have increased in the region since blocks onto the coral below, crushing it into alone cannot eradicate the practice. It is 2000, because it provides a noiseless small fragments that scatter across the sea believed that a publicity and education alternative. Fishermen fill squirt bottles with floor, which eliminates the possibility of re- programme is also necessary to deter local a concentrated solution of cyanide created by growth. fishermen from engaging in this dangerous mixing pellets of sodium cyanide with salt [Source : Destructive Fishing Practices, and destructive practice.” water. They then dive into the water – often Lipscomb-Confluence, 04/12/09] with no breathing apparatus or ill-equipped, Superintendent O’Brien said that “the such as using the hookah technique which To illustrate the catastrophic consequences problem of dynamite fishing has existed in involves breathing through a long, thin tube of destructive fishing, we need consider just Hong Kong for a number of years”, and that filled with compressed air – and dispense the one example, the Philippines. Cyanide the worst affected area was Hong Kong’s cyanide solution between layers of coral. fishing was first introduced to the Philippines north-east waters. in the 1960s for the purpose of catching Cyanide prevents oxygen from reaching the colourful and exotic fish as part of the An experienced Fisheries Officer from the cells. A small enough dose of cyanide will aquarium or ornamental fish trade. Agriculture, Fisheries and Conservation stun the fish, which the divers then collect Approximately 80-90% of aquarium fish Department (as it is now known) (AFCD) and store in containers of seawater on the from the Philippines are caught using made the following comments. ship to preserve them for transport to cyanide. Since then, over one million aquariums and restaurants. The cyanide kilograms of cyanide have been released into “Fishing with explosives and toxic spreads throughout the reefs and causes what Philippine reefs, that is, approximately substances are the two most common forms some scientists refer to as “collateral 150,000 kg annually. of destructive fishing practices in Hong environmental damage” which harms fish Kong. Fishing with explosives has a and algae within its path, resulting in coral Cyanide fishing has been hugely detrimental devastating effect on the marine environment bleaching and potentially death. to numerous fishing and diving areas which and ecology as the shock wave produced by were known for having the highest levels of an underwater explosion can kill or damage For every fish caught using cyanide, about biodiversity on earth. The Philippines and many forms of marine life. Dynamite fishing one square metre of reef is destroyed. Indonesia account for about 77% of the coral is usually conducted in areas where fishes Recent studies have shown that the reefs in Southeast Asia and roughly 26% of tend to aggregate, such as spawning and combination of cyanide and the stress of the world total. The Philippine’s reefs feeding grounds. As a result, juvenile fish post-capture handling results in mortality of provide an estimated $1.6 billion annually to with little commercial value, but which are up to 75% of the organisms within less than the country's economy. According to the important as fisheries resources, could be 48 hours. With such a high mortality figure, Reefs at Risk project conducted by the World greatly affected. In the long run, the fishing a greater number of fish must be caught in Resources Institute during the 1990s, industry is adversely affected by dynamite order to supplement the ones that do not approximately 56% of the reefs in the region fishing. survive, thus adding to the likelihood of are threatened by destructive fishing methods irreversible destruction of the subject fishery and 64% by overfishing. The use of toxic substances for fishing is and ecosystem. In short, cyanide fishing prohibiting in most jurisdictions because it dramatically upsets the delicate balance of The practice of explosive fishing in the has a deleterious effect on the marine marine ecosystems. Philippines traces back to the World War I ecosystem, in particular when used around era, but it became widespread after World coral reefs. Catching fish by stunning them Blast fishing War II with the use of left-over explosives. with cyanide solution is a common method. According to an estimate provided in a 1999 It has been documented that the use of Blast fishing, also called explosive fishing or report, 70,000 fishermen, about 12% of all cyanide for fishing is lethal to most dynamite fishing, involves using dynamite or fishermen, participated in this form of organisms, including small fishes, reef homemade bombs constructed from destructive fishing. invertebrates and the corals. Through the inexpensive and readily available materials, complex interrelationships of all affected in order to efficiently catch large quantities In the worst affected areas, fish stocks have organisms in the food chain, cyanide has a of fish at a minimal cost. In developing been reduced to 5-10% of their levels 50 long-term impact on the environment. It may countries, where this practice primarily takes years ago. also pose a threat to the health of the place, fishermen often fill bottles with fishermen and consumers. fertilizer and kerosene to create explosive Situation in Hong Kong power. On average, one blast device costs There are other fishing practices that are between US$1-2 to construct and is capable Traditional problem equally destructive. The use of vacuum of catching between US$15-40 worth of fish. suction and dredging devices to harvest Way back in 1996 a conference focused on clams causes serious disturbance to the The shock waves from an explosion rupture marine conservation, Challenges in a seabed. Electric fishing kills or harms most the swim-bladders of nearby fish, causing Crowded World, was organised by the Hong fish, including larvae and juveniles, be they some to float to the surface, where they are Kong Marine Conservation Society at the commercial species or not. Such fishing collected in nets, while causing others to sink University of Hong Kong. Several methods have long-term damaging effects on to the ocean floor, where divers retrieve presenters spoke of the then already well fisheries resources and the marine them. known environmental damage inflicted by ecosystem.” destructive fish practices. In view of the A one-kilogram beer bottle bomb has the government’s belated move to ban trawling, Legislation and enforcement potential to generate a crater approximately it is instructive to consider some of the points one to two metres in diameter and destroy 50 made at that conference sixteen years ago. The Fisheries Protection Regulations to 80 percent of the coral in that area. A (Cap.171A) prohibit fishing by means of the single blast can ruin hundreds of years of Senior Superintendent D.W.F. O’Brien of the use of explosives, toxic substances (such as coral growth, shattering the calcium Marine Police summarised the problem of cyanide) or prohibited apparatus : regulations carbonate structure to rubble and generally “fish-bombing” as follows. 2-4A. The Director has power to specify destroying any chance of recovery. prohibited apparatus in a Notice published in

PAGE 2 the Gazette. The Specification of Apparatus first fine under the amended legislation is for: commercial use (0.21 hectares); Notice (Schedule, Cap.171B) : lists specified likely to set the tone for other magistrates residential area (80.56 hectares); (i.e. prohibited) fishing apparatus as : when they are handing down penalties under government, institution or community area the Ordinance. (70.29 hectares); open space area (13.08 (1) Any apparatus that produces or hectares); green belt area (7.54 hectares) and transmits electricity and that – The penalty is yet another example of the other specified uses (0.39 hectares). (a) operates in water either alone or in magistracies’ ignorance of, or indifference The largest zone, the residential area, will be conjunction with a net; and to, the importance of effective enforcement for high, medium and low density public and (b) is capable of capturing or stunning of Hong Kong’s framework of private housing developments, 0.43 hectare fish. environmental protection laws, which is a of which will be used as a site for the campus (2) Any suction device that – point made in past editions of the UPELQ : of the Open University of Hong Kong. (a) operates on the seabed; and e.g. Weak Penalties Undermine Enforcement (b) is capable of capturing fish. of Environmental Laws, April 2009 and The [Government Press Release, 13/07/2012] (3) Any dredging device that – Frustration of Adequate Laws Combined (a) operates with a net or receptacle; with Inadequate Enforcement, June 2012. Draft Wan Chai Outline Zoning Plan (b) is towed on the seabed; and This continuing “curse of judicial amended (c) is capable of capturing fish. disinterest” (UPELQ, June 2012) is another reason to be less than optimistic that the The Town Planning Board has announced The trawling ban has been effected by the changes to the Fisheries Protection amendments to the draft Wan Chai Outline introduction of part (3) of the Schedule. Ordinance will bring significant Zoning Plan. improvement to the health of Hong Kong’s It is also an offence to possess on board a marine ecosystems. The amendments include: vessel “any explosive or toxic substance for 1. Revision of building height restrictions the purpose of fishing” : regulation 4. A brief mention should be made of another for three Government, Institution or welcome initiative introduced by the Community sites; The penalties for contravention of any of the amendments to the Ordinance. Under 2. Rezoning of two sites and revision of regulations are a maximum fine of section 4A the Secretary for Food and Health the stipulated maximum building height; HK$200,000 and imprisonment for 6 may designate any area of Hong Kong 3. Rezoning of the terraces and the months. waters as a fisheries protection area (“FPA”) stepped-streets in four areas; “to promote the conservation and 4. Revision of the planning intention in the Between 1982 and 1996 there were 28 management of marine and fisheries Notes for the Residential (Group C) prosecutions under the anti-destructive resources” and may appoint a person as the zone; fishing practices laws. We do not have Authority for the purposes of the Ordinance. 5. Replacement of the relaxation clause for statistics for the period 1996-2003. Since Under section 4B, the Authority may make plot ratio and building height 2003, successful prosecutions (according to rules for the management and control of restrictions in the Remarks of the Notes the yearly AFCD Environmental Reports) fishing in FPAs, including “prohibition of for the Residential (Group C) zone; were : any fishing”. The penalty for breaching such 6. Incorporation of a set of Notes for the rules is HK$200,000 and 6 months Residential (Group E) zone; and 2003-2004 – 19 prosecutions imprisonment. This is the kind of 7. Incorporation of requirements for a (2 years) conservation power so desperately needed in covered open space and minimum 2005-2006 – 4 Hong Kong, which has only five very small setback for two sites. 2006-2007 – 2 marine parks covering a mere 1.46% of our 2007-2008 – 1 marine waters. And only one of the marine [Government Press Release, 03/08/2012] 2008-2009 – 3 parks is a full “no-sake” sanctuary. 2009-2010 – 9 Draft Ko Lau Wan Development 2010-2011 – 7 The lack of marine sanctuaries, in which at Permission Area Plan approved least all forms of commercial fishing are The reports do not say what penalties were prohibited, has been a major defect of the The Chief Executive in Council has imposed. government’s approach to environmental approved the draft Ko Lau Wan protection, as the UPELQ has previously Development Permission Area Plan which Given that in 2010-2011 the AFCD pointed out : Effective Marine Conservation covers 36 hectares. The general planning conducted 1,475 patrols “to combat Requires Marine Protection Areas, February intention of the area is to protect its high destructive fishing activities”, and that there 2008. landscape value and rural settings and to has been a traditional use of destructive reflect the character of the existing villages fishing practices in Hong Kong, the number No FPAs have been established yet. It is of Ko Lau Wan and Tan Ka Wan. of successful prosecutions seems to be very early days, but given the government’s low. However, that would be in keeping glacial movement to date in creating our According to a spokesman for the Town with the AFCD’s appalling record in minimalist marine parks system, we doubt Planning Board, the Plan provides guidance enforcing environmental legislation for that any will be declared within the near for planning and to facilitate interim which it is the supervising agency. Frankly, future. And if an FPA is established, no development control within the Ko Lau Wan we have learnt to be pessimistic regarding doubt the Director of the AFCD will be the area during the period required for the effectiveness of any conservation declared Authority, which would inevitably examination of the land use pattern, programme or powers entrusted to the mean very weak conservation rules being infrastructural provisions and development AFCD. applied. options for the formulation of the plan.

Another worrying – but, sadly, familiar – Conclusion The area is mainly designated for unspecified sign for the future of Hong Kong’s marine use (33.29 hectares), pending the completion ecosystems is a press release report by the Whilst the strengthening of the Ordinance is of detailed studies to establish the AFCD dated 14 September 2012 which to be applauded, until we see the AFCD appropriate land uses. About 2.61 hectares is refers to the first successful prosecution actually robustly using its power to enforce zoned Village Type Developments, which under the amended Ordinance. Two the “control” mechanisms in the Ordinance, reflects the presence of the existing Mainlanders were convicted of fishing in and the government implementing traditional villages. Hong Kong waters using an unregistered meaningful FPAs, the response to the vessel, contrary to section 11. Each was question in the title to this article is probably: [Government Press Release, 13/07/2012] fined HK$500 and sent back to the not much! Mainland, with their vessel; their nets were Approved Sai Kung Town Outline Zoning confiscated. TOWN PLANNING Plan amended

Even allowing for the fact the offenders were The Town Planning Board has approved Draft Ho Man Tin Outline Zoning Plan probably poor, and were not locals, a amendments to the Sai Kung Town Outline approved HK$500 fine is farcical and is unlikely to Zoning Plan which will provide more deter future offenders. The fine was 0.5% of housing sites to meet the development needs The Chief Executive in Council has the maximum, HK$100,000 (plus of Hong Kong. Two sites in the Tui Min Hoi approved the draft Ho Man Tin Outline imprisonment for 6 months). We know from area will be rezoned from “Government, Zoning Plan. The Planning Scheme Area the history of other environmental Institution or Community(4)” to “Residential covers about 210 hectares and will be zoned prosecutions in the magistracies, that this (Group B)4” and from “Government,

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Institution or Community” to “Residential launch a public consultation and brief the With intensifying conflicts, such as mainland (Group B)5” respectively. Town Planning Board on the matter. parents giving birth in Hong Kong and the influx of individual mainland visitors, [Government Press Release, 24/08/2012] Owners do not have to pay any premium Leung’s concept has annoyed those who under the prevailing regulations for such value Hong Kong’s independence. They fear Draft Tuen Mun Outline Zoning Plan conversion, and this will be an incentive for a similar philosophy is at work in the new amended owners to convert their industrial buildings. town developments. However, the units cannot be sold and should The Town Planning Board has announced be leased to people who are in need. Ng Mee-kam, professor of urban planning at amendments to the draft Tuen Mun Outline the Chinese University, said the city needed Zoning Plan. To begin with, a Chai Wan building will be a bottom-up consultation approach starting converted into a public rental block of 180 with community planning: “You just can’t The amendments include designation of a units in 2013. consult people living in the 21st century with site in the Northern Landfall Reclamation a 20th-century approach.” Area of Tuen Mun-Chek Lap Kok Link [The Standard, 06/09/2012; News.gov.hk (“TM-CLKL”) at the seafront of Tuen Mun from HK’s Information Service Department, Big land owners, such as Henderson Land, Area 40 as "Other Specified Uses" ("OU") 07/09/2012] Sun Hung Kei Properties and New World annotated "Container and Cargo Handling Development, want to share profits by co- and Storage Area", and rezoning two sites “Hong Kong Land for Hong Kong People” developing the land with the government embraced by the toll plaza of TM-CLKL in policy instead of seeing the sites acquired by the Tuen Mun Area 46 from "OU" annotated government at a cheap rate, but villagers "Crematorium, Columbarium, Funeral The Chief Executive announced that 1,100 want more compensation and resettlement in Services Centre and Open Space", "Green flats on two plots totalling 1.6 hectares on the area. Belt" and "Government, Institution or the old Kai Tak airport site in Kowloon City Community" to areas shown as "Road". will be sold. The policy aims to rein in Activists complaining about the loss of exuberant mainland buyers who have helped agricultural land and lifestyle have [Government Press Release, 07/09/2012] drive up property prices, and to fulfil the demanded fresh consultations. The housing needs of Hong Kong permanent immediate challenge to the administration is Land sale programme for October to residents. to seek a balanced way forward that will December 2012 satisfy all the vested interests in the project. The two sites will be on sale in an open Mr. Paul Chan Mo-po, the Secretary for tender in the first quarter of 2013. The resale [SCMP, 22/09/2012] Development, announced that the of flats under the policy will be restricted to government will sell by tender six residential permanent residents for 30 years and cannot WEST KOWLOON sites and one business site during October to be resold to companies. If the buyers are a December 2012, which will produce about married couple, both must be permanent CULTURAL DISTRICT 1,760 flats and 31,000 square metres of residents. There will be no other restrictions (WKCD) commercial floor area respectively. Together and it will be up to the developers to decide with one West Rail property development when the flats will be sold. Programmes galore for WKCD site this project to be tendered in the same quarter, autumn the seven residential sites could provide The Secretary for Development, said that about 2,650 flats in total. more land for residential purpose will The West Kowloon Cultural District continue to be made available by the Authority (“WKCDA”) recently announced Among the six residential sites, two are government. that various programmes and cultural located in Tseung Kwan O, and one each in activities will be held in the western Sha Tin Kau To, Jordan, Tuen Mun and Sai [The Standard, 07/09/2012] headland of the WKCD this autumn. The Kung respectively. The developers will be programmes and events are diverse and required to provide a certain minimum Controversial New Towns Plan designed to meet the different tastes of number of flats at the four sites in Tseung people in Hong Kong. Kwan O, Tuen Mun and Sai Kung. A controversial plan to develop three new towns in the north-eastern New Territories The Hong Kong Wine and Dine Festival, for In addition to the six residential sites, MTR highlights distrust between the people and instance, will take place in early November Corporation Limited will also tender the the new government, as well as public 2012, whilst the Clockenflap Music and Arts West Rail Tsuen Wan West Station TW6 resistance against greater integration with the Festival will be held in early December project in the period October to December Mainland. 2012. 2012. The project could provide a minimum of 894 flats, 520 of which will be small and In order to ensure the residential and A major highlight of the WKCD parade of medium-sized flats of a saleable area not industrial developments in the new towns programmes is the “Freespace Fest” – a two- more than 50 square metres. were compatible with the environment, day arts and music performance show to be planning officials at the initial stage of held in the middle of December this year. The business site is located in Kowloon Bay consultation cut the housing density by 36 This event aims to prepare the public for the and will help tie in with the development of per cent. But two years later, officials came “Freespace” to be established by 2015. The the very prominent office cluster in the under pressure to raise the density again to “Freespace” will be a venue which will be neighbourhood, which is conducive to the meet housing demand. used for live music and other cross-boundary implementation of the Energizing Kowloon performances. East plan. However, various opposition voices and public discontent erupted towards the end of Another major event is the “Mobile M+: [Government Press Release, 31/08/2012] the last of the three-stage consultation. INFLATION!”, which will be held early Activists question the government’s thinking next year. The “Mobile M+: INFLATION!” Industrial buildings to become homes behind the plan to promote social and event features an exhibition of huge economic integration with Shenzhen, sculptures. As the WKCD is located on the Mrs. Carrie Lam Cheng Yuet-ngor, the Chief claiming the proposed plan is not for waterfront, this event will virtually transform Secretary, announced that the government Hongkongers but for mainland visitors and the WKCD into a pleasant park for the public will revise the Building (Planning) investors. to appreciate contemporary visual culture, Regulations so that industrial buildings can thus carrying with it a strong educational house small “transitional flats” and owners Years before he became chief executive, component. of the industrial buildings can maintain the C.Y. Leung – as convenor of the Executive same floor area for residential use. This will Council and chairman of the board of [West Kowloon Cultural District Authority increase the housing, which will help to directors of the One Country Two Systems Press Release, 27/08/2012] prevent the property market from spinning Research Institute – proposed turning part of out of control. the border area into a special economic M+ receives the world’s best collection of district with visa-free arrangements for Chinese contemporary art The Planning Department will propose mainlanders who wanted to shop, invest, adding “transitional accommodation” to the study and receive medical services. Recently, the WKCDA’s visual culture Outline Zoning Plan. The government will museum, M+, received a donation of a

PAGE 4 substantial number of contemporary artworks generally expressed a sense of indifference to [Sing Tao Daily, 13/08/2012] from Dr. Uli Sigg, one of the world’s major museums. Concurrently, the proportion of collectors of Chinese contemporary art. mainland or overseas tourists visiting Hong Xiqu Centre design competition shortlist Kong museums, or joining other cultural The M+ executive director was thrilled by activities, is extremely low. There is The WKCDA recently announced that 5 the donation, which consists of 1,463 considerable room for expanding the number design teams have been selected and Chinese contemporary artworks from 350 of museum visits. shortlisted from approximately 50 design artists, worth at least HK$1.3 billion. The entries in the design competition to design donor, Dr. Uli Sigg, said that he was grateful The survey target subjects were between the for the Xiqu Centre, a venue within the that his art works collection will be returned age of 18 and 49. The results show that the WKCD. They are BTA & RLP Company back to China after all these years. Dr. Uli frequency of museum visits is comparatively Limited; Foster + Partners O Studio Sigg’s collection of artworks spans the low. For some subject groups, museums are Architects; Mecanoo architecten / Leigh & period of modernisation in China. He started only visited once or twice a year. Most Orange; Safdie Architects LLC and Wong & to collect contemporary art when he came to interviewees expressed the opinion that Ouyang (HK) Ltd. (in collaboration with China in 1979, at which time he noted that Hong Kong museums lack diversity in the Diamond and Schmitt). no institution or individual was collecting contents displayed. In addition, there is little Chinese contemporary art either in China or or no interaction between the displayed These 5 shortlisted companies will submit aboard. Upon realising this, Dr. Uli Sigg objects and the museum visitors. Most detailed proposals for the design of Xiqu began to collect Chinese contemporary art, museums in Hong Kong are also not Centre to an independent committee of the with the idea of giving his collection away to spacious enough for visitors to walk WKCDA for assessment in October. Subject an institution in China in the future. Dr. Uli comfortably. to the approval of the committee, the design was impressed by M+, in that it will be an team which finally wins the competition will international world-class art institution. He [Sing Tao Daily, 20/08/2012] be awarded the contract to carry out design therefore has entrusted his valuable consultancy services for the Xiqu Centre. It collection to M+, believing it to be the best “Freespace” eases the problem of is expected that the winning team will be platform to make Chinese contemporary art inadequate performing space selected by the end of this year. visible to the public at large. The West Kowloon Bamboo Theatre is The WKCDA will not carry out a public Some critics have raised doubts about the expected to be completed by the end of 2015. consultation process for the design artistic value of the Sigg collection. A few The next major performing forum to competition of the Xiqu Centre. The also expressed concerns as to whether the commence operation will be the “Freespace”. assessment of design proposals will be done Sigg collection accurately reflects This will be a venue for live performances to by an independent internal assessment contemporary Chinese art history. be located in the central park of the West committee composed of professional Kowloon Cultural District, surrounded by the architects. Claire Roberts, the curator of the other stunning scenery of the Victoria Harbour. artworks known museum “Go Figure! [Ming Pao, 18/07/2012; Sing Tao Daily, Contemporary Chinese Portraiture” in The artistic performance facilities managed 18/07/2012] Sydney, said that the Sigg collection will be by the Leisure and Cultural Services assessed and reassessed as it finds its place Department which are for general public use, HONG KONG BRIEFING and value in the art’s historical record. The are usually heavily utilised. Hong Kong

Sigg collection spans the whole period of Cultural Centre located in Tsim Sha Tsui, for Joint government efforts to tackle modernisation in China, covering works of instance, achieved a utility rate of 100% over pollution approximately 350 artists. the last 3 years. City Hall in Central, and Ko

Shan Theatre in To Kwa Wan likewise Hong Kong, Guangdong and Macau [West Kowloon Cultural District Authority e- achieved a utility rate of almost 100%. Even governments have announced plans to reduce Newsletter, July Issue; Financial Times, venues which do not belong to the Leisure pollutants emissions in the region by 2020. A 01/09/2012] and Cultural Services Department are usually regional co-operation plan was published on fully booked by the public for performance 25 June 2012 by the three governments M+ museum curator appointed purposes. which focuses on building a quality living

area in the delta area. This plan covers long- Aric Chen, a leading design critic and The WKCDA has preliminarily decided that term co-operation in five major areas, curator, has been appointed to the post of “Freespace” will be directly managed and namely: environment and ecology; low curator of design and architecture for the M+ operated by the Authority. The Authority carbon development; culture and social museum in the WKCD. His post will hopes that “Freespace” can nurture and activities; spatial planning; and green commence on 1 November 2012. He will protect the local vanguard culture in Hong transportation systems. oversee and supervise the M+ museum’s Kong. It is also hoped that “Freespace” will visual culture opening in 2017. ease the problem of inadequate performing This was the first regional plan compiled by spaces in Hong Kong. the three governments to try to improve air The area of the M+ museum, at quality in the Greater Pearl River Delta approximately 6,000 square metres, will be “Freespace” will contain an indoor region. The plan envisions transforming the the equivalent of the Museum of Modern Art performing venue, as well as an outdoor one, Greater Pearl River Delta region into a low- in New York. M+ museum will include each accommodating approximately 900 carbon, high-technology and low-pollution exhibition and storage spaces, an education people. Freespace will be suitable for cities cluster of quality living, with a view to centre, an archive library, a screening holding small-size concerts for local bands. enhancing its overall competitiveness and facility, studios and some outdoor spaces. It will also cope with other forms of attractiveness. M+ aspires to be a ground-breaking museum performances, such as dancing shows and for visual culture in Hong Kong, presenting acrobatics. One of the features of The grand plan proposes joint promotion of artwork mainly from a Hong Kong “Freespace” is its elasticity and ability to low-carbon development by cooperating on a perspective, but at the same time expanding cater for various kinds of performances. regional basis to combat climate change and to other regions of China, Asia and the rest reduce air pollutants emissions. The of the world. Through the presentation of The artistic performing sector has expressed measures include encouraging vessels calling visual art work in a variety of forms and views that there should be a clear at ports in the delta to use cleaner fuels. mediums, M+ museum will reflect the social, classification of venues to accommodate economic, cultural and technological shifts different kinds of cultural and leisure Although Hong Kong has already met 2010 that have taken place in the region. A design activities. The sector has maintained that emission reduction targets, Hong Kong’s air competition for the M+ museum will be overseas performing venues cater for quality was far from achieving a standard conducted in due course. different performances. However, existing that protected public health. Should the cultural facilities in Hong Kong mostly cater 2011-2020 emissions reduction targets be [Artlyst, 29/08/2012] for all kinds of performances, without any based on the lax 2010 emission levels, the specialization. The sector recommends that targets will have little efficacy in improving Museums have low patronage in Hong classification (i.e. specialization) of venues Hong Kong’s current air quality situation. Kong would benefit the cultural and artistic

development of Hong Kong in the long run. [Press Release, Environmental Protection The WKCDA completed a marketing survey It is high time that Hong Kong reviewed its Department, 25/06/2012] concerning museums in 2010. The survey current system of leisure and cultural venues. report revealed that the local people

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Air and water quality improvement has can afford to pay, when setting the waste Hong Kong’s long-term development and been slow disposal levies. overall competitiveness.

Hong Kong’s air and water quality have The government said adequate time will be [Singtao Daily, 12/08/2012] improved since the handover 15 years ago, spent on public consultation to accommodate but the pace has been slow in recent years, more views and voices on the issue. It is Sinopec sets up HK$10m pollution fund green groups say. expected that further details of the solid- waste charging scheme will be announced The mainland petroleum giant Sinopec says Friends of the Earth has urged the later this year. it will establish a HK$10 million fund to government to set out both long-term and assist in cleaning up the thousands of tonnes short-term measures to further clamp down [Mingpao News, 08/07/2012] of plastic pellets that washed ashore on local on air and water pollution in the territory. beaches and fish farms following a spillage Short-term measures include pollution Food waste high on recycling menu at sea. control policies e.g. encourage the use of vehicles that emit less pollutants, whilst It is predicted that the three landfills in Hong Sinopec officials told reporters that their top long-term measures include cooperating with Kong will reach saturation in 2018. Several priority is to find the missing container and neighbouring mainland cities in tackling Hong Kong environmental groups, such as halt further pollution. A spokesman for borderless air and water pollution. the Economic Synergy, are calling for a Sinopec Chemical Commercial Holdings, sharp increase in the recycling rate, with said the pellets themselves are chemically According to the World Health food waste and plastic bottles high on the stable and non-toxic and should not be Organisation’s air quality guidelines, the list. regarded as dangerous goods. annual concentration of fine suspended particulates should be 10 micrograms per According to a study cited by Friends of the During Typhoon Vicente earlier in July cubic metre. A study by the University of Earth, 3,000 tonnes of food waste are being 2012, a container ship lost seven 40-feet Science and Technology reveals the annual dumped at landfills on a daily basis in Hong containers in the waters south of Hong Kong. average concentration of fine suspended Kong. One cause of this is that, on average, Six containers held sacks of plastic pellets particulates in Central in 1999 was 53 40 per cent of food served in restaurants is (150 tonnes in total) and one had plastic micrograms per cubic metre. The number left uneaten. When compared to other Asian bottles. dropped to 36 in 2009 but rose to 40 last cities, Hong Kong produces 20 to 30 per cent year. more food waste than counterparts in South Plastic pellets may continue to be washed up Korea and Taiwan. on Hong Kong’s beaches and fish farms. The Friends of the Earth say that the Secretary for the Environment has admitted improvement of air quality from year 1999 In March last year, Greeners Action held a that it may take months to clear away all the onwards was largely due to the then- food waste recycling programme with plastic pellets from local waters. The Secretary for the Environment, Sarah Liao various restaurants and supermarkets. As a government will work closely with Sau-tung, who made the decision to result, food waste levels have been reduced volunteers to help collect the pellets and then encourage diesel vehicle drivers to switch to by at least 15 per cent. It is anticipated the send them for recycling. liquefied petroleum gas vehicles. Whilst the programme will be extended to more incumbent Secretary for the Environment participants in Hong Kong. A risk assessment conducted by the Centre Edward Yau Tang-wah introduced the idling for Food Safety (CFS) found that there is no engines legislation, the effectiveness of this Households should cooperate with their cause for undue concern over food safety. measure is not very apparent in curbing air estate management to seek assistance from The CFS said that although environmental pollution. The then-Chief Executive Donald the government’s Environment and contaminants, such as persistent organic Tsang Yam-kuen was said to have been Conservation Fund, which has reserved pollutants, can be absorbed by the scattered concerned that pushing for green measures HK$50 million for placing food waste plastic pellets over time, the increased food would harm the city’s development. processors in housing estates. At the same safety risk is unlikely to be significant, as time, the government is also planning to set wild fish locally caught constitutes only a Whilst it is true that air pollution during Yau up district-oriented food-waste recycling very small part of our diet. Tang-wah’s term as the secretary has not facilities throughout the city, with a view to worsened, the impact of his very limited increasing the recycling rate. [Mingpao Daily, 25/08/2011] initiatives is not obvious. More has to be done by the government, for example by [The Standard, 18/07/2012] Incentive scheme for cleaner ships’ fuel creating low emission zones for transportation, encouraging use of cleaner Environmental impact assessment for The government recently introduced an fuels, and establishing air quality targets for third runway underway incentive scheme to encourage the use of fine suspended particulates. lower sulphur fuel by ocean going vessels The Environmental Protection Department (OGVs). From 26 September 2012, any [The Standard, 29/06/2012] (EPD) issued the Environmental Impact OGV that switches to cleaner fuel while Assessment (EIA) study brief yesterday in berthed in Hong Kong waters will enjoy a 50 Push for garbage disposal charges relation to the expansion of a three-runway per cent reduction in port facility and operation at the Hong Kong International ancillary charges. This scheme will continue Hong Kong faces an imminent disaster in the Airport (HKG). The study brief outlines the for at least three years. The owner, operator form of our ever increasing mountains of scope of environmental issues to be or his agent of the OGVs joining the scheme waste. Reliance on landfills alone is not addressed and requirements to be fulfilled by is required to make a one-off registration of sustainable. Hong Kong must apply modern the Airport Authority (AA). their vessels with the Environmental technology to waste-food processing. The Protection Department (EPD). government is now considering encouraging The action taken by the EPD was in response reduction of waste at source, by introducing to concerns raised by the green groups about The government has been implementing a economic incentives by charging households absent data on air quality, noise pollution and package of 22 measures that target various to dispose of their garbage. marine ecology, concerning especially the major polluting sources, aiming to improve Chinese White Dolphin, in the project air quality in Hong Kong. It is hoped that the A survey conducted by the government profile submitted by the AA earlier this year. OGV scheme will help reduce vessel found that 60% of the population supports a emissions and improve air quality in the port solid-waste charging scheme based on the The AA, together with its consultants, will areas. polluter-pays principle. It is believed that the undertake a series of studies to assess time is ripe to introduce a levy for household potential environmental impacts of the [Press Release, Environmental Protection garbage. potential third runway. The EIA is expected Department, 14/09/2012] to take about two years to complete. However, even though people are more Conviction under amended Fisheries aware of environmental issues these days, The CEO of the AA, said the Authority Protection Ordinance the authorities should not underestimate the places “great value on the feedback we possible resistance to a new charge. Wong collect as we explore all possible ways to The Agriculture, Fisheries and Conservation Kam-sing, Secretary for the Environment, avoid, minimise, mitigate and compensate Department (AFCD) has successfully said that the government will pledge to take for potential environmental impacts.” He prosecuted two Mainland fishermen for into account how much the average citizen said the expansion of HKG would “enhance fishing with the use of a non-local fishing vessel in Hong Kong waters. This is the first

PAGE 6 prosecution taken after the Fisheries area, in which ships would be required to change or natural variables in weather Protection (Amendment) Ordinance 2012 switch to 0.1 per cent sulphur fuel when they conditions. The National Oceanic and (Cap.171) came into effect on 15 June 2012. are within 100 nautical miles of Hong Kong. Atmospheric Administration report noted that Such a move could reduce deaths related to some events were exacerbated by other Under section 11 of Cap 171, no person may sulphur dioxide by 91 per cent. factors; but climate change increases the engage in fishing with the use or aid of a global risks due to weather extremes. vessel in Hong Kong waters, unless (i) the The government should make it compulsory vessel is a registered vessel; (ii) the person is that ships switch their fuel to 0.5 per cent [CNN News, 10/07/2012] so engaged under and in accordance with a sulphur at berth. This suggestion follows the valid research fishing permit; or (iii) the Fair Winds Charter by which 18 shipping Climate change may boost frog disease fishing falls under the list of permitted lines agreed to do so two years ago. The fishing with the use or aid of non-fishing pact will end in December 2012. Global warming may lead to temperatures vessels or local vessels. Any offender on varying unpredictably. The more changeable conviction is liable to a maximum penalty of [SCMP, 20/09/2012] the temperatures, the easier it will be to a fine of $100,000 and imprisonment for six resolve a doubt associated with a lethal months. Recycling discarded hotel soap fungal disease suffered by frogs. Scientists have found that when temperatures vary A non-local vessel was found gill netting in Washing hands with soap can halt the spread unpredictably, frogs succumb faster to the the waters off the east of the Soko Islands on of diseases such as diarrhoea and pneumonia, deadly disease chytridiomycosis, which is 12 September. Two Mainland fishermen which kill 3.5 million children a year, yet killing amphibians around the world. It was were arrested by AFCD enforcement staff Hong Kong hotels throw away two to three also found that frogs’ immune systems with assistance from the Marine Police. The million barely used bars of soap annually. appear to lose potency during unpredictable two defendants were each fined $500 at the temperature shifts. Eastern Magistrates' Courts on 13 Students at the University of Hong Kong aim September. Their nets were confiscated and to change that, after devising a way to turn A research on chytridiomycosis has been the vessel and the defendants were to be surplus hotel soap bars into a lifesaving published in the journal Nature Climate repatriated to the Mainland. source of soap for poverty-stricken families. Change. Chytridiomycosis, which is an infectious disease caused by the parasitic An AFCD spokesman said that the AFCD The students have established Soap Cycling fungus batrachochytrium dendrobatidis (Bd), and Marine Police will strengthen which will collect two to three tonnes a was identified only in 1998. It does not only enforcement of relevant legislation to month of surplus soap from 15 hotels, affect frogs but also their amphibian prevent unauthorised entry of fishing vessels including the Grand Hyatt and Island relatives, e.g. salamanders and the worm-like from outside the territory for purposes of Shangri-La. More hotels are signing up, and caecilians. The disease is thought to have illegal fishing, and will continue to carry out Soap Cycling hopes to have 60 partner hotels caused the extinction of a number of species. joint operations to tackle illegal fishing by next year. activities where necessary. Over the years, scientists have conducted a In less than 12 months, Soap Cycling is lot of experiments to find out if Bd is more [AFCD Press Release, 14/09/2012] already one of the three largest soap active in warm or cold temperatures. New recycling and distribution organisations in research attempted to look at what happens HK suffers most ship pollution deaths the world, and is the first to operate in Asia. in a more real-life situation - when chytrid fungus is actually on a vulnerable frog. The Hong Kong has suffered the most from ship The soap is sanitised and reprocessed by key variable the scientists considered this emissions in the Pearl River Delta. Locals hand to create new bars. These are given to time was the variability of temperature account for 75 per cent of deaths related to non-governmental organisations and instead of temperature itself. sulphur dioxide released from vessels. charities, such as Unicef, which distribute them to underprivileged families and schools Frogs infected with Bd were kept under The air quality at Kwai Chung and Tsim Sha across Asia. various conditions: In the first set, the Tsui could be the most affected by ship- temperature was kept constant at either the related pollutants, re-researchers behind a David Bishop, a law lecturer at HKU who bottom or top of their natural range (15C and five-year study by Civic Exchange suggest. founded the programme, said that the lives of 25C); in the second set, the temperature was between one million and 1.5 million children switched predictably between the two values; The think tank, founded by Christine Loh could be saved each year by providing the and in a third set, the temperature was Kung-wai, now environment undersecretary, tools for proper hygiene. Mr. Bishop chairs switched between 15C and 25C urged the city’s administration to be more Soap Cycling. The other managerial unpredictably. proactive in tightening restrictions and to positions are held by students in the five-year seek support from its mainland counterparts. joint business and law (BBA) programme. It was found that the fungus fared better when the temperature changes were regular, The city’s popular ship routes were partly to Recently Chow tai Fook presented a and in cooler conditions. The pattern was blame, because some vessels passed through HK$500,000 donation to Soap Cycling. This reversed when it was already on the frogs; it Hong Kong waters on the way to twin ports will enable the purchase of industrial soap- was found that the fungus grew faster under in Shenzhen, the group said in its report. making equipment, increasing output from unpredictable temperature change. The 5,000 to 20,000 bars a week. explanation is that being a simpler organism, According to the Civic Exchange report, the fungus is able to adapt faster than a jointly issued with the University of Science Hong Kong Hotels Association chairman frog’s immune system. and Technology and the University of Hong Victor Chan said : “I urge our industry Kong, the city had 385 of the 519 deaths counterparts – not just in Hong Kong but There is evidence that climate change leads directly related to sulphur dioxide from ship around the world – to support this to an increase in variability and emissions in the region. There were 93 remarkable programme.” unpredictability of change in temperature deaths in the inner Pearl River Delta region and precipitation. and 42 in the outer region. [SCMP, 26/09/2012] [BBC News, 12/08/2012] A HKU research assistant professor who CLIMATE CHANGE contributed to the report, said the figures US carbon dioxide level at 20-year low were probably an under-estimate, as the Extreme weather: get ready to see more of researchers had not taken long-term health The amount of carbon dioxide being released it, scientists say effects of sulphur dioxide into account. The into the atmosphere from the United States chemical can cause cancer and diseases in has fallen dramatically to its lowest level in Extreme weather is coming; hellish heat, heart and blood vessels. 20 years. Government officials say the ferocious fires and severe storms will leave Emissions from ships, mainly container biggest reason is that cheap and plentiful people injured, homeless and even dead. The ships, are harmful, although they account for natural gas has led many power plant warning in a respected scientific US report only 18 per cent of sulphur dioxide in the operators to switch from dirtier-burning coal. follows a warm winter and early season city’s air. droughts in the USA and elsewhere. The think-tank suggested the government Many of the world’s leading climate seek support from the central government scientists did not see the reduction coming, The real challenge before us is whether a and apply to the International Maritime in large part because it happened as a result particular storm or flood was due to climate Organisation to set up an emissions control of market forces rather than direct

PAGE 7 government action against carbon dioxide heat, light and transport. They also serve as a Companies believe climate change is emissions. major source of energy. threat to business

Michael Mann, director of the Earth System However, fossils fuels have one very major Some prominent companies are increasingly Science Centre at Penn State University, said downside. They are the major source of concerned that their businesses are at risk the shift away from coal was a reason for carbon dioxide driving climate change and from climate change, in view of recent “cautious optimism” about potential ways to the acidification of oceans, and they destroy extreme weather events, such as drought and deal with climate change. He said it showed the ozone layer. Without the ozone layer, the floods. that “ultimately people follow their wallets” incidence of skin cancer caused by the sun’s on global warming. harmful rays would be much higher. According to the latest Carbon Disclosure Project (CDP) Global 500 report, about In a little-noticed technical report, the US To save the planet it will be necessary to 37% of the respondents see the physical risks Energy Information Agency said this month change our major source of energy and to of a changing climate as a real and present that energy related US carbon dioxide think about any new energy technologies that danger, up from just 10% two years ago. emissions for the first four months of this rely on natural fuels, such as wind or wave. About 81% of respondents pointed out that year fell to about 1992 levels. Energy The fossil-fuel industry, and this industry climate change is a risk to their business emissions make up about 98 per cent of total alone, holds the power to change the physics operations, supply chains and plans, up from greenhouse gas emissions. and chemistry of our planet. Until the late 71% last year. Of 500 companies who 1980s, almost no one knew the danger that responded to the CDP, 78% say that they are Although conservation efforts, the lagging carbon dioxide was causing. But now that we now integrating climate change into their economy and increased use of renewable understand that carbon is heating our planet, business strategy, up from 68% last year. energy were factors, the decline in pollution caused by human beings has greenhouse gas emissions was due mainly to become the most important global issue. We According to past records, enterprises have low-priced natural gas, the Energy cannot afford to keep pouring unlimited been adversely affected by extreme weather Information Agency said. waste into the air every day. events during the past decade, such as heat wave, drought and flooding Extreme weather A frenzy of shale gas drilling in the If there is no limit as to how much fossil fuel events are causing significant financial Northeast’s Marcellus Shale and in Texas, we burn, we will head towards 6C of damage to markets and therefore investors Arkansas and Louisiana has caused the warming inevitably. As a result, billions of expect companies to do something to create wholesale price of natural gas to dive from people and environment, wildlife, “climate resilience”. US$7 or US$8 per unit to about US$3 over agriculture, infrastructure, property and the past four years, making it cheaper to burn insurance sectors will all be adversely The report also suggests that the recent 14% than coal for a given amount of energy affected. reduction in emissions is due mainly to the produced. global economic downturn. This reduction is [The Independent, 08/09/2012] equivalent to the closing of 227 gas-fired [SCMP, 18/08/2012] power stations. Some enterprises point to Sun to power green monorail cost-cutting, such as staff redundancies, as a Storms and drought overshadow new UN factor in lowering emissions. Unfortunately, climate talks In the global world, transport systems are the average target to reduce emissions among efficient but increasingly being held top companies is only 1%. World climate change negotiators are facing responsible for degrading the environment in warnings from a string of extreme weather urban areas. Petroleum meets 95 percent of Professional services firm PwC warned that events which show that there is an urgent energy needs but environmental reports show businesses need regulatory certainty from need for emission cuts. that this industry contributes about 20 to 25 governments; but the U.K. government, for percent of energy consumption and carbon example, has neither enacted any ambitious The week-long meeting took place in dioxide emissions of the world. legislation on climate change, nor set out any Bangkok to prepare the ground for a meeting national emissions targets for enterprises to of ministers under the UN Framework Another study of effects of greenhouse gases adhere to. Therefore, even with progress year Convention on Climate Change in Doha in also indicates that emissions from the on year, the reality is that the level of November. The extreme weather serves as a transport sector in the past few years have corporate and national ambition on emission reminder of the urgent need to reduce been much higher than those from other reductions is still far from what is required. greenhouse gas emissions. Recent storms and industries, with road transport being a major flooding from torrential rains killed at least contributor to local air pollution. It is argued [The Guardian, 12/09/2012] 170 people in the Philippines, and the US that the reason for this is that there has been Midwest breadbasket is reeling from its a rapid and huge expansion in the transport Arctic sea ice at lowest recorded level worst drought in more than 50 years. sector and therefore the pollution index has risen. Arctic sea ice has shrunk to its smallest Experts believe the target set by the United surface area since record-keeping began, Nations for limiting the rise in global Furthermore, there is still the serious issue of taking the world into “uncharted territory” as average temperatures to two degrees Celsius carbon emissions from power plants, if climate change intensifies, US scientists is not attainable. renewable energy is not used for power warned. generation. Air pollution, such as carbon [SCMP, 30/08/2012] emissions, and global warming will continue Satellite images show the ice cap has melted unless the energy sector more widely and to 3.4 million square kilometres as of Saving the melting Arctic quickly adopts renewable energy sources. Sunday, the predicted lowest point for the year. That’s the smallest Arctic ice cover To see the Arctic melt this quickly is A research group led by scientists of the since record-keeping began in 1979, unprecedented in human history. The ice- department of mechanical engineering at the according to the National Snow and Ice Data melt this year has broken all previous University of Hong Kong has demonstrated Centre. records. Statistics show that the Arctic had an innovative design for a solar powered more than 7,000,000 sq km of ice in light monorail system. A prototype was “We are now in uncharted territory.” The September 1979, whereas it is likely to have designed, manufactured and tested using centre’s director Dr. Mark Serreze said. less than 3,500,000 sq km this September. electricity generated by a solar photovoltaic “While we’ve long known that as the planet panel. Research findings also indicate that warms up, changes would be seen first and The total disappearance of the Arctic ice the concept is feasible and that the be most pronounced in the Arctic, few of us sheet, perhaps within the decade, will have government should consider it when were prepared for how rapidly the changes the most profound implications. It would designing the new monorail system proposed would actually occur.” indicate the definitive end of the Holocene for the Kai Tak project. Compared with and entry into what scientists call the traditional systems, the new design is also Arctic sea ice expands and contracts Anthropocene – Age of man, where human lighter, safer, more space-saving, has T- seasonally, with the lowest extent usually beings can radically change what the Earth shaped tracks, and causes much less wheel occurring in September. This year’s looks like. noise. minimum followed a season already full of No one can deny that fossil fuels, such as records for shrinking ice. In the last two coal oil and gas, are all-pervasive, because [Hong Kong Standard, 11/09/2012] weeks, the ice cover melted by more than they have been incredibly useful in giving us 518,000 sq km, a large margin for summer’s end.

PAGE 8

Scientists use Arctic sea ice extent as a gauge implementing the new Air Quality so. The Transport and Housing Bureau of the overall climate. Despite year to year Guidelines (AQGs) and whether and Hong Kong Airport Authority had fluctuations from natural weather variations, administrative procedures could be already announced that they would the ice cap has shown a clear trend towards adopted to expedite the process of adopt the new AQOs when planning the shrinking over the past 30 years, according to implementing the new AQGs. third runway for the Chek Lap Kok the Centre. “This year’s minimum will be International Airport. nearly 50 per cent lower than the 1979 to (5) The government explained that it had 2000 average,” it said. given OGVs a higher priority to switch (9) Concerning the alleged health risks to lower sulphur at berth rather than associated with the current AQOs, the Environmental group Greenpeace lamented when entering Hong Kong waters, as the government said that the outcome of a the announcement, expressing hope it would latter would involve setting up an health risk assessment depended heavily trigger a sense of urgency for action to slow Emission Control Area (ECA) which on its assumptions. However, the the trend. was subject to approval by the underlying factor should be the air International Maritime Organisation pollutant trends. In this regard, there had [SCMP, 21/09/2012] (IMO). The process of setting up an been a consistent drop in the level of air ECA would be lengthy, including pollutants in Hong Kong except for ADVISORY COUNCIL ON completion of a number of studies. roadside Nitrogen Oxides. The Moreover, Hong Kong will have to liase reduction in air pollutant levels should THE ENVIRONMENT with Guangdong, because of the small reduce the health risk to the public. (ACE) area of Hong Kong waters. Consent of Summary of minutes of the 186th Meeting Beijing is also necessary, as Hong Kong (10) It was concluded that ACE was of the Advisory Council on the is not an official member of IMO. supportive of the proposed new AQOs Environment held on 19 March 2012 and would like to see the government (6) As regards the time frame for achieving demonstrating its commitment to Update on Air Quality Objectives (AQOS) the WHO AQGs, the government said improving air quality by adopting the that it was not feasible to specify a new AQOs as soon as practicable. ACE Members were briefed on ACE Paper 5/2012 timeline because attainment would also also supported the government’s plan to concerning the proposed new AQOs and the be contingent on joint efforts in work closely with the Mainland for package of air quality improvement improving the regional air quality. further regional emissions reduction. measures for achieving the new objectives, Regarding the question of using which the government announced on 17 administrative means to effect the Summary of ACE Paper 7/2012 on North January 2012. Some points arising from the updated AQOs, the government East New Territories New Development meeting are:- explained that although the Air Areas Planning and Engineering Study Pollution Control Ordinance requires Stage Three Public Engagement (1) Implementation of the new AQOs and the government to promulgate the new the transitional arrangements requires AQOs by issuing a Technical The Recommended Outline Development amendment of the Air Pollution Control Memorandum, the promulgation itself Plans (RODPs) was formulated for the Kwu Ordinance (APCO) (Cap. 311). The was a legal process. Tung North (KTN), Fanling North (FLN) government will table the Amendment and Ping Che/Ta Kwu Ling (PC/TKL) New Bill in the Legislative Council in the (7) The question was asked that if there Development Areas (NDAs) under the North 2012-2013 legislative session and the were wide gaps between Hong Kong’s East New Territories New Development new objectives are targeted for new AQOs and those of Mainland Areas Planning and Engineering Study (the implementation in 2014. There will be a counterparts, which would apply to our Study). review every five years of the feasibility efforts in combating air pollution and of tightening AQOs and the cleaning up the air in Hong Kong and After consulting with the public on the corresponding air quality management across the whole PRD region. The Preliminary Outline Development Plans plans. government replied that the Mainland (PODPs) of the NDAs in early 2009 and had recently revised national air quality early 2010, the RODPs have been amended, (2) A member enquired as to the time frame standards for implementation in 2016. including the following changes: for implementing the three Interim Several pilot provinces/cities, including Targets (ITs) suggested by the World Guangdong, would plan to advance the (1) Designating Long Valley as Nature Health Organisation (WHO), possible implementation time frame. The revised Park impact on the electricity tariff air quality standards of the Mainland particularly on domestic households were comparable to Hong Kong’s Some 37 hectares of land in the core arising from changing fuel mix to standards, although a few standards area of Long Valley, which is of high reduce emissions and whether there were slightly more lenient than those ecological value, are designated as a would be any complementary measures proposed in Hong Kong, such as the Nature Park to be created by the to assist low income groups in the Respirable Suspended Particulates, or government as part and parcel of the community. PM10. The government assured NDAs project. The park will become a Members that the Mainland had a firm “green lung” contributing to a quality (3) The government replied that the time commitment to working with Hong living environment for the KTN and frame for achieving the proposed new Kong to improve the air quality of the FLN NDAs. It will conserve and AQOs was dependent on such factors as PRD region. In this regard, both sides enhance the ecologically important progress in accomplishing the package were working on the post-2010 emission environment which supports a diverse of air quality improvement measures reduction arrangement for the whole bird community, and compensate to (e.g. vehicle replacement programme), PRD region. some extent for the wetland’s loss and joint efforts with the Mainland in caused by the NDAs. A visitor centre reducing emissions in Pearl River Delta (8) Legislation implementing the new will be provided in the southern end of (PRD). It was estimated in the AQOs AQOS will also set a grace period of 36 the park to demonstrate the ecological Review that the proposal for increasing months during which a project importance of Long Valley. As the the share of natural gas to 50% of our proponent may apply for variation of the ecological value of this area is closely domestic electricity generation would EP without having to comply with the related to existing farming practices, raise the electricity tariff by at least new AQOs. The government said that part of the Nature Park may allow such 20%. So far the measures to tighten the 36 months grace period (following use based on guidelines and control on emissions from electricity commencement of the Legislation) was requirements to be prescribed by the generation did not involve paying a balance between applying the new government. The Nature Park will subsidies to any specified sector of the AQOs to all projects and giving showcase the harmonious blending of consumers. certainty to those projects that had farming activities with nature already commenced. In response to the conservation. The “Agriculture” zoning (4) A Member enquired about the feasibility Chairman’s call for government’s of the land in the north and south of the of requiring ocean-going vessels commitment to adopt the new AQOs for Nature Park will be retained to allow (OGVs) to switch to cleaner fuels when those government projects that had not continuation of the current use. they were approaching Hong Kong yet started their EIA studies before the waters. He also asked if the government corresponding legislative amendments (2) Pursuing greener living environment had any long-term time table for became effective, the government explained that it would endeavour to do

PAGE 9

(a) Rail/Public transport based sites in the KTN and FLN NDAs have deciding how Guangzhou city should development been increased from 3 to 3.5 and from 1 develop, a number of factors need to be Under the rail-based development to 2 respectively in the RODPs. This taken into account, such as the size, approach, more than 80% of the will result in an estimated increase of population, history, influence, and population in the KTN NDA will about 8,000 flats, thus bringing the total sustainability of the city. reside within 500 m of the proposed number of flats from 45,800 to 53,800, railway station. Similarly, for the as per the RODPs. It was emphasised that a functional layout FLN NDA, populations will must follow the “three key points” and the concentrate mainly around the (5) More robust zonings to promote “three principles”. The “three key points” public transport nodes to reduce economic development are: (i) to position Guangzhou city as a road traffic. This concept will be national city centre, to compete with other supplemented by a comprehensive Taking advantage of their proximity to a cities on behalf of the country, and to serve pedestrian and cycling network number of existing and new boundary adjacent cities, provinces and the whole with supporting facilities, such as control points (BCPs) and Shenzhen, the country; (ii) to develop the layout plan in cycle parking areas, to promote NDAs will serve to meet different accordance with the “humanity principle”, walking and cycling. strategic land use requirements. A and (iii) to implement and demonstrate in- cluster of “Commercial, Research and depth the layout plan with regard to local (b) Reuse of treated sewage effluent Development” sites (about 14 hectares) circumstances. The “three principles” are: (i) (TSE) for non-potable purposes along Fanling Highway in the KTN the humanity principle: the development and Reuse of TSE will have a positive NDA has potential to be developed into the infrastructure shall reflect elements of contribution to conserving water various types of office and research humanity; (ii) the alternate development and reducing water pollution. uses. In the northwestern part of the principle: the development shall be a Preliminary assessment has KTN NDA, about 10 hectares will be consolidated project while preserving unique demonstrated the cost-effectiveness reserved for research and development characteristics and advantages of each of using TSE for non-potable uses. The Special Industries Area in the regions; and (iii) the inclusion principle: top purposes, such as toilet flushing PC/TKL NDA (about 36 hectares) will technology, resources and human resources and landscape irrigation. provide development space for high shall be utilised in the process of city value-added, non-polluting special development. (c) Better urban design and more industries, logistic uses, as well as the greenery Six Industries in which Hong Kong The Institute for Urban and Environmental Breezeways along major prevailing enjoys clear advantages. Studies Chinese Academy of Social Sciences wind directions will be provided to suggests a Guangzhou-Foshan-Dongguan allow effective air movement in the (6) Mixture of different housing types transport circle be formed, linking the two NDAs. View corridors are also special administrative regions and the planned to protect long-range views A balanced housing mix will help create Southeast Asia. towards the green backdrop and a socially integrated community. With other natural scenery. A this in mind, some 43% of the new [Guangzhou Daily, 18/06/2012] comprehensive open space system residential units will be public rental is planned to provide greenery and housing and the remaining 57% will Deadly Beijing floods prompt reduce the heat island effect. allow for various types of private infrastructure questions housing. Higher density public and (3) Improving transport network to private housing developments will be Fierce winds and rain lasting for several minimize noise and air pollution concentrated near the railway station in hours have exposed Beijing’s drainage the KTN NDA and the public transport system to criticism. (a) The planned Kwu Tung Station on interchanges in the two centres of FLN the Lok Ma Chau Spur Line will NDA, which can easily be connected to Due to heavy flash flooding, hundreds of enhance the accessibility of the the existing Fanling and Sheung Shui flights were cancelled and numerous roads Kwu Tung area, serving new railway stations. Medium to low density flooded, leaving cars and people stranded at residents in the NDA and also private housing will be developed in the transport hubs. Fortunately the traffic residents in nearby areas. fringe areas of the KTN NDA, along Ng returned to normal two days later, when the Tung River in FLN and in the southern storm had passed. (b) In the KTN NDA, an outer ring part of the PC/TKL NDA. Land has also road is proposed to connect Fanling been reserved in the RODPs for a The impacts of the flood, which were Highway at the east and west comprehensive range of commercial, exacerbated by the existing poor drainage sections to create a car-free retail, open space and government, system, were the subject of fierce criticism environment in the town centre. institution and community uses. from Weibo participants. The government Land is also reserved for a was described as unreliable and government proposed road connecting to the REGIONAL & officials were criticised for being unprepared Lok Ma Chau Loop development. for the storm. Compared to the drainage INTERNATIONAL system of the Forbidden City, which proved (c) In the FLN NDA, the proposed to be able to cope with the storm and its Fanling Bypass running along the CHINA effects and kept the national monument northern bank of Ng Tung River at relatively dry, many areas in Beijing were some distance from the residential Urbanisation in Guangzhou extensively flooded, causing 37 deaths and clusters of the NDA (between RMB 10 billion economic losses. The flood Fanling Highway near Wo Hop A seminar among experts on the Guangzhou also necessitated the evacuation of 60,000 Shek Interchange and Man Kam To city functional layout was held recently in people from their homes. Road) will help to improve traffic Guangzhou. The secretary of the CPC conditions in the Fanling and Guangzhou Municipal Committee said that [BBC News China, 23/07/2012] Sheung Shui areas. city authorities should implement a new urbanisation plan in accordance with the ASIA (d) In the PC/TKL NDA, a new road decisions of the 10th Municipal Congress of will be constructed to link to the Communist Party of China. Research of new Asia flood disasters a warning signal for future Liantang/Heung Yuen Wai urbanisation methods employed elsewhere city planners BCP connecting road to provide are under way, and experts were invited to convenient and direct connection to comment on the development. All municipal Rapid urbanisation increases the risk of Shenzhen and other parts of Hong delegates and the municipal government will weather-related tragedies. Recent examples Kong. then formulate policies and action plans for are the heavy floods in Manila, Beijing, and (4) Increase in development intensity to urbanisation. Bangkok. better meet long-term housing needs According to the Outline of the Plan for Such natural disasters are a result of climate In response to some respondents’ the Reform and Development of the Pearl change and rapid massive urbanisation suggestion in PE2 to increase the supply River Delta, Guangzhou is to be positioned occurring without proper infrastructure being of flats to satisfy housing needs, plot as a national city centre. It was said that there established first. Climate changes are ratios in the “Residential Zone 2” is no precedent, path or method to be triggered by carbon emissions, which have (“R2”) and “Residential Zone 3” (“R3”) followed in developing Guangzhou city. In increased five times as fast in Asian cities

PAGE 10 compared to the world average. It is believed Critics have commented that DRDLR, sustainable marine and forest ecosystems that emissions will triple by 2050. having land reform as part of the management, and to facilitate sustainable, department’s mandate, is actually promoting open, and fair trade of non-timber forest Economic growth in Asia, on the one hand, land reform as its central aim via the CRDP. products. We will take meaningful steps to is eliminating poverty, but on the other hand promote sustainable management and is creating a vulnerable slum population. [Allafrica, 05/09/2012] conservation of wildlife populations while Without proper infrastructure, more than 350 addressing both the illegal supply and million Asians are likely to suffer from NORTH AMERICA demand for endangered and protected inland flooding by 2025. Approximately 400 wildlife, through capacity building, million will be vulnerable to coastal Tree deaths linked to climate change cooperation, increased enforcement, and flooding. To combat these risks, the Asian other mechanisms.” Development Bank has urged cities to focus A study of a common tree in North America, on promoting environmentally friendly the aspen, reveals that these trees suffering The Manager of WWF's Global Species planning and technology, and boosting from the disease known as “trembling aspen” Programme added : energy efficiency. One option is to build do so when there are unusually hot and dry efficient mass transit systems to reduce conditions, which are believed to be “Through the Leaders’ Outcome Statement, dependence on fossil fuels. triggered by climate change. The main cause APEC countries such as Thailand, Viet Nam of climate change is the rising levels of and China have all committed to escalate [Voice of America, 15/08/2012] greenhouse gases in the atmosphere. efforts to combat illegal trade in wildlife, including through improved enforcement and EUROPE The extended adverse effects of climate reducing demand. These three Asian change are easily observable as grasses, wild countries are all key markets and consumer IKEA to create urban areas flowers and species disappear once the countries for illegal African elephant ivory dominant tree species in a forest has gone or and rhino horn. This commitment at the IKEA, a Swedish furniture giant, is planning been severely degraded. Thirty per cent of highest political level must be turned swiftly to build a new district in East London. A 40- North America is covered with trees, into enhanced and concrete actions in order metre tower landmark has already been absorbing 25% of the region’s greenhouse to help Africa preserve its natural resources constructed, but most of the area at present gases. Trees also help to hold the soil in of elephants and rhinos.” consists only of a 10.5-hectare of industrial place, purify water and provide wildlife wasteland, surrounded by a green fence. habitat. When trees die, the ecology and [WWF Press Release, 10/09/2012] hydrology of a forest change, which results Under the plan, the London project will have in insect infestation, increased fire risks, and 1,200 rental homes, 40% of which will be for even long-term shifts in the area’s dominant families. There will also be offices, species. restaurants, a hotel and other businesses. Streets will be designed for pedestrians and Changing the landscape of forests has a cyclists. Cars will be parked in underground significant impact on people as well. Forests parking lots. help stabilise the climate and store carbon. If forests die out, climate change accelerates, IKEA has been working on similar projects and a vicious cycle ensues. Facing this risk, in Poland, Latvia and Romania, and is ecologists and scientists propose wide scale stretching its tentacles to Hamburg in forest monitoring. Germany. The features of the London project may give us a taste of how the future [Voice of America, 11/09/2012] Hamburg project will look. Among IKEA’s planned projects, a new hotel chain will be WWF WELCOMES APEC’S STANCE established. The first hotel, in Germany, is ON WILDLIFE TRADE scheduled to open in 2014. Following a pledge by world leaders at the [Spiegel Online, 23/08/2012] Asia-Pacific Economic Cooperation (APEC) meeting to better combat the illegal trade in SOUTH AFRICA wildlife and timber products, WWF issued the following statement : Dialogue on rural development “Wildlife trafficking is a global crime wave The Department of Rural Development and that in its wake is pushing wildlife Land Reform (the “DRDLR”) has published populations to the brink of extinction, with its Comprehensive Rural Development thousands of elephants and rhinos being Programme (the “CRDP”). The DRDLR was slaughtered each year to meet demand for assigned by the South African government to illegal wildlife products. Customs and law be responsible for rural development. enforcement efforts must be expanded to combat the growing criminal syndicates that The CRDP is a 3-phase project: phase 1 smuggle contraband across borders by land, focuses on meeting basis human needs; sea and air, and that make illicit profits phase 2 sees investment in large-scale available to finance other illegal activities, infrastructure as a driver of entrepreneurial such as corruption, money laundering and development; and phase 3 involves arms and drug trafficking. promoting SMMEs and village markets with the aim of encouraging the emergence of We hope that Sunday’s pledge will turn into entrepreneurs. real action on the ground to protect these endangered species – and that this happens The CRDP has focused on several pilot sites. before it’s too late because this problem is A development project starts with a visit to only growing.” the local tribal chief. Government officials obtain information about the poverty In their Leaders’ Declaration, APEC leaders conditions of the area. Officials then will made the following declaration : consult community elders and conduct surveys of the area. The CRDP also sends “We are concerned by the escalating illicit young people from rural areas to life-skills trafficking in endangered and protected training at various colleges. The young wildlife, including marine resources, and people will then apply their skills to conduct associated products, which has economic, participatory rural activities in their villages. social, security, and environmental They are encouraged also to research the consequences in our economies. We commit history of the community e.g. change of land to strengthen our efforts to combat illegal use, water and climate. trade in wildlife, timber, and associated products, to implement measures to ensure

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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.

Members of ADVOCASIA

Adelaide, Australia Macau Manila, Philippines NORMAN WATERHOUSE THE LAW OFFICE OF DR ANTONIO RIBEIRO HERRERA TEEHANKEE & Level 15, 45 Pirie Street, Adelaide 5000 BAGUINHO FAYLONA South Australia Suite 1308, 13th Floor, Landmark Building No. 555 5th Floor, SGV II Building Tel: (618) 8210-1200 Avenida da Amizade, Macau 6758 Ayala Avenue Fax: (618) 8210-1234 Tel: (853) 28705352 Makati City 1200, Philippines Fax: (853) 28705351 Tel: (632) 813-7111 Fax: (632) 813-7881

Melbourne, Australia Shandong, China Singapore MADDOCKS SHANDONG QINDAO LAW FIRM MADHAVAN PARTNERSHIP 140 William Street, Melbourne 22/F, Northern Tower, Golden Square 5 Shenton Way #26-01 UIC Building Victoria 3000, Australia 20 Hong Kong Road(M), Singapore 068808 Tel: (613) 9288-0555 Qingdao, P.R.China Tel: (65) 6225-5111 Fax: (613) 9288-0666 Postal Code 266071 Fax: (65) 6224 3594 Tel: 86-532-85023128 Fax: 86-532-85023080

Perth, Australia Shanghai, China Colombo, Sri Lanka KOTT GUNNING SHANGHAI UNITED LAW FIRM D.N. THURAIRAJAH & CO. Level 8, AMP Building 14/F, China Insurance Building 2nd Floor, Don Carolis Building 140 St Georges Terrace 166 East Lujiazui Road Post Box.1464, No. 64, Keyzer Street Colombo-11, WA 6000, Australia Shanghai, P.R. China Sri Lanka Tel: (618) 9321-3755 Postal Code 200120 Tel: (94) 1-439-798 Fax: (618) 9321-3465 Tel: (86) 21-69419377 Fax: (94) 1- 448-002 Fax: (86) 21-68419499

Sydney, Australia Mumbai, India Bangkok, Thailand COLIN BIGGERS & PAISLEY DHRUVE LILADHAR & CO APISITH & ALLIANCE Level 42, 2 Park Street 13-A/B, Ismail Building, 3rd Floor Wave Place, 7th Floor Sydney, NSW 2000 381, D.N. Road, Flora Fountain 55 Wireless Road, Lumpini Australia Mumbai – 400001 Pathumwan, Bangkok 10330 Tel: (612) 8281-4555 India Thailand Fax: (612) 8281-4567 Tel: (91) 22-2285-2362 Tel: (66) 2655-2860 Fax: (91) 22-2285-5787 Fax: (66) 2655-2868

Beijing, China New Delhi, India Dubai, United Arab Emirates JINCHENG & TONGDA LAW FIRM O.P. KHAITAN & CO. LUTFI AL BAHAR & CO. 11th Floor, 22 JianGuoMenNei Avenue Khaitan House B-1, Suite 804 A City Tower 2 Huaxia Bank Building Defence Colony, New Delhi-110 024 PO Box 8812, Dubai, United Arab Emirates Beijing 100005, P.R. China India Tel: (97) 14-321117 Tel: (86) 10-8523-7766 Tel: (9111) 2433-7516 Fax: (97) 14-311455 Fax: (86) 10-6526-3519 Fax: (9111) 2433-7958

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: Fred Kan & Co. June to September 2012 (October data not Solicitors available) Suite 3104-07 Central Plaza 18 Harbour Road [Note: the EPD no longer classifies second Wanchai (and subsequent) offences.] Hong Kong

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

June 2012

Forty-eight convictions were recorded in June for breaches of legislation enforced by the Environmental Protection Department.

Ten of the convictions were under the Air Pollution Control Ordinance, 12 under the Dumping at Sea Ordinance, 15 under the Noise Control Ordinance and 11 under the Waste Disposal Ordinance.

The heaviest fine in June was $30,000, assessed against a company that caused another person to import controlled waste without a permit.

July 2012

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

Six of the convictions were under the Air Pollution Control Ordinance, 1 under the Environmental Impact Assessment Ordinance, 2 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance, 9 under the Waste Disposal Ordinance and 1 under the Water Pollution Control Ordinance.

The heaviest fine in July was $20,000, assessed against a company that constructed or operated a designated project without an environmental permit.

August 2012

Forty convictions were recorded in August for breaches of legislation enforced by the Environmental Protection Department.

Twelve of the convictions were under the Air Pollution Control Ordinance, 14 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance, 10 under the Waste Disposal Ordinance and 3 under the Water Pollution Control Ordinance.

The heaviest fine in August was $20,000, assessed against a company that imported controlled waste without a permit.

September 2012

Thirty-nine convictions were recorded in September for breaches of legislation enforced by the Environmental Protection Department.

Seven of the convictions were under the Air Pollution Control Ordinance, 2 under the Hazardous Chemicals Control Ordinance, 16 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance, 9 under the Waste Disposal Ordinance and 4 under the Water Pollution Control Ordinance.

The heaviest fine in September was $100,000, assessed against a company that used powered mechanical equipment otherwise than in accordance with permit conditions.

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