The integrity of our Country Parks, a shining beacon in ‟s otherwise overall poor record of meaningful environmental protection, is constantly threatened by development pressures. Strict planning controls of unprotected enclaves within Country Parks is therefore vital to protect the Parks from ever-present and increasing development pressures. The Editors

PROHIBITING ENCLAVE within Country Parks (i.e. enclaves of CONTENTS privately held land at the time the Park was DEVELOPMENT VITAL designated) to the relevant Land Authority, TO COUNTRY PARKS‟ which may issue a notice to occupier to FEATURE: Page discontinue or modify the use, regardless of INTEGRITY Although Hong Kong’s tourism promotions the provisions of the occupier’s lease or of PROHIBITING ENCLAVE rather stupidly advertise Hong Kong only as any other ordinance : section 16. The DEVELOPMENT VITAL TO “a World City”, in fact we live in a Authority appears not to have relied on the COUNTRY PARKS‟ surprisingly extensive and rich natural power to any extent, if at all. INTEGRITY……………………. 1 environment with diverse fauna and flora, especially within the Country Parks. The CPO clearly has an objective of conserving the Parks’ ecosystems, although

The land area of Hong Kong is 1,104 square community access to and use of the Parks are LEGISLATION DIGEST ……… 3 also encouraged. kilometres, of which approximately 40% (44,004 ha) comprises designated Country TOWN PLANNING ...... 3 Parks under the Country Parks Ordinance There are 24 Country Parks, plus the Tai Po (Cap.208). [On the other hand, there are Kau Special Area and Geological Park, WEST only 4 Marine Parks of a shamefully small under the Authority’s jurisdiction. Each year CULTURAL DISTRICT 2,430 ha total area.] more than 13 million people visit Country (WKCD) ………………………… 4 Parks for recreational purposes. More than In 1976 the colonial government enacted the 2100 native plant species and approximately HONG KONG BRIEFING……... 5 CPO as a statutory framework for the 500 bird species are found within Country designation, management and protection of Parks, as well as various other fauna species, including a rich array of insects, such as CLIMATE CHANGE…………... 7 the Country Parks system. Until then, Hong Kong’s mountainous topography was a key dragon-flies and butterflies.

ADVISORY COUNCIL ON reason for the de facto reservation of a proportionally vast area of land in its natural Despite the statutory protection afforded THE ENVIRONMENT (ACE)… 8 state. But the government deserves credit for Country Parks, and the taking steps to legalise that situation so as to monitoring/management roles and powers of REGIONAL & give significant, if not absolute, statutory the Authority and the Agriculture, Fisheries INTERNATIONAL…………….. 10 protection to the environment within and Conservation Department, Country designated parks. Parks are constantly undermined and PROSECUTION STATISTICS... 14 threatened by various forms of exploitation, The CPO established what is now the especially housing and other construction. Country and Marine Parks Authority, which The vast Parkview development is a prime example. In this context, it is important, has responsibility for the control and management of the Parks. The Authority’s therefore, that the government takes urgent steps to control development in “enclaves”. statutory duties include the duty “to protect the vegetation and wild life inside Country Parks and special areas” : section 4. “Enclaves” are sites which are physically within (or adjacent to) a Country Park, but The Authority also has power to refer any which are excluded from the Park’s inappropriate use of privately occupied sites designated area. These sites mostly

October 2011 comprise a mix of private and government Uk Ha, Lo Wai, Leng Pui 58. Nam Sham Tung 5 land. As an enclave is outside its statutory and Kau Tam Tso 59. Lai Chi Chong 16 jurisdiction, the Authority has no direct Sai Kung East and West Country Parks 60. Yung Shue O 32 control of land uses occurring in the enclave. 7. Wong Yi Chau and Hei Tsz 9 61. Cheung Sheung 16 Unless an enclave is within a declared Wan 62. Tai Hom 5 8. Pak Tam Chung 2 63. Wong Chuk Long 4 Zoning Plan (which then gives the Town 9. Tsak Yue Wu 15 64. Site near Wong Mau Kok 3 Planning Board (TPB) jurisdiction over 10. Tai Long, Lam Uk Wai, 46 Lantau South, North and North (Extension) developments in the enclave) any Lung Mei Tau, Tai Wan and Country Parks development could be undertaken on private Ham Tin 65. Luk Wu, Upper Keung 155 land in an enclave unless it conflicted with 11. Pak Tam 5 Shan, Lower Keung Shan, the terms of the government lease, or other 12. Shek Hang 3 Cheung Ting and Hang Pui 66. Tsin Yue Wan 4 statutory constraints. 13. Tai Mong Tsai, She Tau, 126 Ping Tun, Tit Kim Hang, 67. Ngau Kwo Tin 7 Tam Wat, Tai Po Tsai, San 68. Tei Tong Tsai 15 In late 2010, the owner of land in an enclave Tin Hang, Tso Wo Hang, 69. Yi Tung Shan 7 at Tai Long Sai Wan – a spectacularly Wong Chuk Wan and Wong 70. Man Cheung Po 2 beautiful section of the coastline – Mo Ying 71. Site near Nam Shan 6 14. Wong Keng Tei and Tsam 36 72. Site near Peaked Hill commenced inappropriate development. No Chuk Wan 6 official permission was needed because the 15. Sham Chung 32 73. Tai Ho and Site near Wong 277 Kung Tin site was not subject to a Zoning Plan and the Lantau South, North and North (Extension) 74. Yi O 23 development apparently did not contravene Country Parks Tai Po Kau Special Area the lease. 16. Fan Lau Tsuen 24 17. Pak Fu Tin 3 75. Site near Ngau Wu Tok 5 18. Lung Mei and Tai Long However, when the developer’s plans were 28 76. Site near Tai Po Mei 6 19. Ngong Ping 103 reported in the press, there was, 20. Lai Chi Yuen 5 understandably, a huge public outcry against 77. Shui Mong Tin 2 21. Shui Tseng Wan 2 the proposed development. Consequently, as * The Town Planning Board announced the 22. Yi Long 7 publication of the Draft Tai Long Sai Wan an urgent interim measure, the TPB placed 23. Shui Hau Wan 1 Development Permission Area Plan on 6 the enclave under an draft Development Aug 2010. Permission Area (DPA), the effect of which 24. Mau Ping, Mau Ping Lo Uk, 45 was to require the developer to obtain TPB Mau Ping San Uk, and By early 2011 the TPB had initiated approval of his plans. Such approval has not Wong Chuk Shan procedures to place a further 7 enclaves been given. under DPAs or Outline Zoning Plans. For example, the TPB recently concluded the 25. Kam Shan 1 public consultation process to create a Country Park In the meantime, the Tai Long Wan planning zone to cover two more enclaves : controversy caused such public alarm 26. Site near Chuen Lung 10 The To Kwa Peng and Pak Tam Au concerning developments in enclaves that the 27. Site near Tso Kung Tam 9 Development Permission Area. The DPA issue was referred to by the Chief Executive broadly designates the enclaves as “Unspecified Use Zones”, meaning any in his 2010/2011 Policy Address, in which 28. Tin Fu Tsai 53 the Chief Executive promised prompt action proposed use land will require planning 29. Tsing Fai Tong 26 approval from the TPB. to regulate land use in all Country Park 30. Sheung Tong 10 enclaves. 31. Sheung Fa Shan 26 Nearly 300 people made representations 32. Yuen Tun 19 concerning this draft DPA during the two Considerable political pressure was brought Pat Sin Leng Country Park months public consultation period. to bear on the government to move quickly 33. Ping Shan Chai 15 Supporters of the plan focused on the priority to protect Parks and the enclaves themselves of conserving the high ecological value of the area, and the need to introduce planning from unfettered, inappropriate development. 34. Hung Shek Mun Tsuen 10 controls to (hopefully) safeguard the area For example, at its meeting on 24 February 35. Lai Tau Shek 10 from environmental damage caused by 2011, a subcommittee of LEGCO’s Panel on 36. Sam A Tsuen 23 inappropriate land use, such as large scale Environmental Affairs discussed the 37. Sai Lau Kong 2 vegation clearance. problem, and resolved that enclaves with 38. Siu Tan 20 “high conservation value” should be covered 39. Kop Tong, Mui Tsz Lam 91 Opponents emphasised, for example, the need to protect villagers’ rights to use their by statutory plans as soon as possible. and 40. 29 land (such as for constructing houses under

41. Kuk Po San Uk Ha, Kuk Po 64 the “small house policy”), and that In late 2010, there were 77 enclaves of which Lo Wai, Yi To, Sam To, Sze environmental protection was “too covering a total of approximately 2067 ha.; To and Ng To expensive” (which, sadly, reflects all too of these, 23 enclaves were covered by 42. 9 well a common misunderstanding in Hong Outline Zoning Plans. The enclaves are : 43. Yung Shue Au 18 Kong of the reason for, and social value of, 44. Fan Kei Tok 5 effective environmental conservation). 45. Chau Mei, Tai Tong, Chau No. Name of site Area in 26 Tau and Sha Tau On 5 August 2011 the TPB informed ha Sai Kung East and West Country Park representers by letter that the draft DPA was (About approved (but without the more stringent 46. Pak A ) 11 protections proposed by the pro-environment Country Park 47. Tung A 10 representers) and would be sent to the Chief 48. Pak Lap 6 1. Shap Yi Wat 3 Executive for approval. 49. Pak Tam Au Ma On Shan Country Park 14 50. To Kwa Peng 9 Importantly, the TPB also advised that “the 2. Ngau Liu and Kwun Yam 72 51. Chek Keng 31 remaining Country Park enclaves (not Shan 52. Tai Tan, Uk Tau, Ko Tong, 67 already covered by Zoning Plans) would 3. Wong Chuk Yeung 37 Ko Tong Ha Yeung either be included into Country Parks or Pat Sin Leng Country Park 53. Tung Sam Kei 4 would be covered by DPA Plans”, as had 4. Sha Lo Tung 56 54. Ko Lau Wan, Mo Uk, Lam 33 been proposed by the pro-environment Plover Cove Country Park Uk, Lau Uk and Tse Uk representers. 55. Sai Wan* 17 5. Kai Kuk Shue Ha, Ho Lek 8 56. Hoi Ha 8 This was, overall, encouraging news. Pui and Ham Hang Mei 57. Pak Sha O, Pak Sha O Ha 29 However, it remains to be seen whether the 6. Ho Pui, Tin Sam, Sam Ka 98 Yeung TPB (and the government) will have Tsuen, San Uk Tsuen, San

PAGE 2 sufficient resolve to resist ever-present and other amount regarding a matter other The Board’s controversial decision to increasing pressures from developers to use than the one specified in the notice. In introduce stricter planning rules for enclaves inappropriately. Given the respect of (i) and (ii), the payer must redevelopment projects in Causeway Bay has enormous influence institutional developers deliver the notice together with the generated the highest number of appeals and traditionally have had in the administration payment in accordance with the amendment requests during any planning of Hong Kong, it is difficult to be optimistic instructions as set out in the notice. If consultation process conducted last year. that such resolve will be shown. But the payment of penalty is made otherwise Among appellants are the major developer in bottom line is this : the overriding than in accordance with this Regulation, the area, Hysan Development, and the hotel responsibility of the government is to ensure the penalty shall be treated as unpaid operator, Mandarin Oriental, who are now that the environmental integrity of our and the relevant authority may return the seeking judicial review of the Board’s magnificent Country Parks, and the enclaves, amount of payment to the payer. decision. is not eroded by human activities. (f) Evidentiary certificate [Section 6] The Board held a meeting that lasted 15 A certificate must be in the prescribed hours in March with Hysan after the LEGISLATION DIGEST form, i.e. Form 4 in the Schedule. developer expressed its strong opposition to Motor Vehicle Idling (Fixed Penalty) the new measures, especially the new Regulation [Gazette published on 26 TOWN PLANNING restriction on building heights. The Board, August 2011, No. 34 Vol. 15, Legal however, remained firm on its position and Town Planning Board to deter “destroy Supplement No. 2] insisted that it is essential for the developer first, build later” activities to alter its development plans to meet the

Pollution has raised health concerns in many new requirements. In recent years, there has been an increasing cities around the world and Hong Kong is no number of unauthorised developments in exception. Idling vehicles not only cause air Some developers, such as Henderson Land rural sites located in the . It is pollution, but also heat and noise nuisance to and Wing Tai Properties, have dodged the not uncommon to see ponds illegally filled nearby pedestrians and shops. The Motor bullets and managed to have their project up and vegetation removed, prior to Vehicle Idling (Fixed Penalty) Bill blueprints in approved before the new obtaining planning approval. Such actions (“Ordinance”) was passed in the Legislative measures were introduced, hence allowing are carried out deliberately to destroy the Council on 5 March 2011. The Motor them to construct buildings which will be natural environment in the hope that The Vehicle Idling (Fixed Penalty) Regulation taller than the restricted limit in the district. Town Planning Board will grant sympathetic (“the Regulation”) was gazetted pursuant to consideration to subsequent development on Section 31 of Ordinance and will be tabled at [The Standard, 14/07/2011] the site concerned, unconstrained by the Legislative Council in October 2011. environmental considerations. The Regulation is subsidiary legislation Firm seeks review to store urns in „shrine‟ under the Ordinance for the implementation The Board, determined to stop this kind of of a statutory ban on idling vehicle engines. A judicial review was launched by a behaviour, has announced several new company, Hong Kong Life Group, seeking approaches when it is considering a rezoning The Regulations are necessary for the right to store burial urns in a building application that involves an unauthorised implementing the Ordinance. The purposes located in Yuen Long. The judge, in ruling development:- of this Regulation are to: (a) prescribe the whether to allow the legal challenge, has forms of penalty notice and demand notice reserved judgment as to the classification of 1. the Board will make a decision only for payment of the fixed penalty; (b) the building as a shrine or a columbarium. after a full investigation is conducted on prescribe the form of a certificate of posting whether the unauthorised development a demand notice; (c) specify the manner of The government maintained that it is a constitutes an abuse; and payment of fixed penalties; and (d) prescribe columbarium that is used to house funeral 2. when the application site is subject to the form of an evidentiary certificate. urns, and is operated as a business which enforcement action, the Board will take attracts hundreds of visitors congregating at into account the reinstated condition of The Regulation contains 6 sections and 1 the facility, therefore is not permitted in the the site as required in the reinstated schedule:- village development zone. The government notice issued by the Planning Authority. insisted that the planning intention behind

(a) Commencement [Section 1] the village development zone was to preserve In order to conserve the rural and natural This Regulation comes into operation on the village setting, develop village houses environment, the Planning Authority will the same day which the Ordinance and control large scale development,; hence, also join hands with the Board to carry out comes into effect. the applicant’s proposal should not be enforcement and reinstatement action against allowed at the nominated site. unauthorised developments. In addition, the (b) Penalty notice [Section 2] Planning Authority will step up public A penalty notice must be in the Whilst the company argued that there is no education programmes to encourage wider prescribed form, i.e. Form 1 in the clear definition as to how a shrine should be understanding of Hong Kong’s statutory Schedule. operated, in addition it maintained that the planning controls. operator does not need to seek approval from

(c) Demand notice [Section 3] the Town Planning Board. Under the [Town Planning Board Press Releases, A demand notice must be in the outlining zoning plan for the site, the 04/07/2011] prescribed form, i.e. Form 2 in the proposed facility was a “shrine” that served

Schedule. Such notice must be signed the needs of villagers. Planning changes draw developers' ire by a public officer acting on behalf of

the Authority. The Planning Department said that a shrine A series of rezonings has been launched by is a place or structure other than a building the Town Planning Board in the Causeway (d) Certificate of posting demand notice for worship, but a columbarium is any place Bay District, including a proposal to cap the [Section 4] or vault with niches for urns containing the building height at 200 metres, which will A certificate of posting a demand notice ashes of cremated bodies. In October 2010, apply to some redevelopment projects that must be in the prescribed form, i.e. the Planning Department issued an are already in place. The Board will also Form 3 in the Schedule. enforcement notice against the company to require developers to keep a certain distance prevent it from running the business, on the between buildings, in order to improve air (e) Payment of fixed penalty [Section 5] ground it was an unauthorised development. flow in the area. The environmental NGO Payment of a fixed penalty could be The company accused the Town Planners of Green Sense has expressed its support for made in any of the following ways:- wrongly concluding that the building was this initiative. used as a columbarium.

(i) by post addressed to the The new measures will greatly reduce Treasury; [The Standard, 27/07/2011] developers’ flexibility in planning renewal (ii) at the counter of a post office; projects. Previously, developers could fully (iii) through an ATM machine; Non-residential sites common in utilise land plots to the maximum. Under the (iv) by PPS; residential areas new rules, the value of property is likely to (v) through the internet; or decline as the usable gross floor area is (vi) through a phone banking service. A study conducted by a property consultancy reduced significantly. concluded that nearly 40% of the plots in

The payer must pay the correct amount Kowloon Tong - primarily a residential zone of payment and without including any - have been used for educational or

PAGE 3 commercial purposes. The government was demolition order. To express their anger and expected to be completed in phases from therefore urged to take prompt action to stop disappointment towards the government’s 2015. Before the commissioning of Phase 1 approving applications for non-residential “insincerity”, some Kuk members left the facilities, WKCDA intends to organise purposes in areas where the zoning objective meeting midway. interim programmes and activities in part of has changed. the vacant portion of the WKCD site. In response to the government’s plan to The area of nearly 1.6 million square feet, in include 54 sites in the New Territories in Objectives which it was estimated more than 300 homes adjacent country parks as conservation and could be built, has in fact been home to a scientific zones, the Kuk members said that The overall objectives of organising interim substantial number of non-residential more than 10,000 people would be affected programmes and activities include: buildings, such as schools, hotels and by the inclusion, as the stream that is part of (a) utilising the WKCD site before commercial facilities. Since 2000, the Town the subject area is important for farming and commissioning the Phase 1 facilities, Planning Board has approved 24 irrigating crops. and providing opportunities for kindergartens and child care centres, and outdoor and/or indoor events; currently there are a total of 44 kindergartens The villagers believe that the government (b) raising public awareness of future uses and schools in the district. does not have the power to take away their of the site; property, and Kuk members demanded (c) bringing people to the site so that they As the roads in this low-density residential compensation and other pieces of land in will be familiar with access to the site, area cannot cope with any more vehicles, the exchange from the government. However, a and reinforcing the message that Board recently objected to the relocation and government spokesman said that in respect to WKCD is for all the people of Hong expansion plan of a kindergarten in Kowloon land that is marked as conservation area, Kong, with their different backgrounds Tong. there is no requirement to offer and interests; compensation under existing policies. (d) acting as incubators for developing and The Institute of Surveyors is of the view that nurturing talents in performing arts and although the area is zoned primarily for [The Standard, 09/09/2011] visual culture, as well as associated residential purposes, it could still be used for venue management and other ancillary other facilities. The Planning Department Residents threaten to block walkways in professional/technical skills; says that a broad land use framework was response to Jockey Club‟s new building (e) piloting integration of software provided for the area, hence existing uses plan innovation with hardware development that do not conform with the statutory zoning in response to public expectation; and requirements have been tolerated by the The Jockey Club has unveiled a multi-billion (f) providing the Authority with a Department. dollar plan to revamp its two racecourses. foretaste of managing a site with mixed The measures include upgrading facilities cultural and commercial activities, and [SCMP, 25/08/2011] over the coming 5 years and to build a 50 balancing the two to achieve a metre high communications and technology financially sustainable and viable HK rules out harbourfront cycleway centre. operation for WKCD.

The Hong Kong Cycling Alliance has tabled The proposed centre is in addition to the The proposal for organising interim for discussion by the Harbourfront HK$700-million the Jockey Club has already programmes and activities at the WKCD site Commission a proposal for a cycle route spent on improving the two tracks. The club was presented to a Task Force of the extending 16-kilometres along the Hong said the investment would create jobs for Harbourfront Commission on 31 May 2011, Kong Island harbourfront. thousands of workers. and was generally well received.

The Alliance considers that the cycle route is A group of residents living in the Shatin area Interim programmes and activities feasible if the Transport Department is opposes the plan because they say the new suitable in WKCD willing to overcome various bureaucratic office building will block their view of the obstacles to build a track that is different racecourse. Some reportedly threatened to Interim programmes and activities being from the standard type, and to implement block walkways in the area and plan to stage explored include: various road improvements. a protest at the start of the new racing season at Shatin. 1. Arts exhibitions, performances and The proposed cycleway, which pinpoints display of WKCD information at the spots that need improvement, would run The Jockey Club says it hopes residents who Arts Pavilion from Kennedy Town to Heng Fa Chuen, a oppose the building of a new residential estate located at the northeast of communications and technology centre at It is proposed that a pavilion could be . The Alliance stated that Shatin racecourse will not resort to drastic built in the WKCD for arts exhibitions whilst it might not be plausible to build a action, and it urged residents to discuss the and performances well before two-way segregated cycle track according to issue in a rational way. completion of permanent venues. The the Transport Department’s standard, they pavilion will become the are prepared to make adjustments to the [Mingpao, 09/09/2011] communication platform for artists, design of the route in order to overcome the performers, students and general public space limitation along the harbourfront, WEST KOWLOON of visual and performing arts where the pavements and roads are narrow. backgrounds. A landscaped open area CULTURAL DISTRICT for outdoor performances and a However the government has ruled out this (WKCD) WKCD information centre could also proposal on the basis it is not the Interim programmes and activities in the be incorporated. government’s policy to encourage cycling in West Kowloon Cultural District urban areas. 2. Large scale activities open site(s) Following the selection of Foster+Partners’ [SCMP, 07/09/2011] conceptual plan for West Kowloon Cultural In order to attract visitors of different District (WKCD), the West Kowloon backgrounds and interests to WKCD, it Angry Kuk members quit land talks Cultural District Authority (WKCDA) and is proposed that opportunities should its Project Consultant are now in the process also be created to accommodate a wide A closed-door meeting that was held of formulating the Development Plan. variety of outdoor and large scale between the Development Bureau and Heung Potential sites for interim programmes and activities. WKCDA is exploring arts Yee Kuk ended in a stalemate as no activities will be assessed with respect to the and cultural activities, including : consensus could be reached on unauthorised area requirements of both interim uses and public art installations and exhibitions; structures and other related issues. subsequent permanent developments. outdoor music festivals; music, dance WKCDA will submit the Development Plan and drama performances; rehearsals The government is firm on its stance that for WKCD to the Town Planning Board and educational programmes; and there is no difference between village houses following Stage 3 of public consultation. school activities involving large groups built on old schedule agricultural lots, and Construction of the arts and cultural facilities of students. WKCDA is also exploring other village house, and that the demolition in WKCD will commence when the the feasibility of organising an outdoor order applicable to illegal additional WKCDA has approval of the Development Opera performance during structures must be enforced. The Kuk Plan and has satisfied other relevant statutory Chinese New Year 2012 on the Canton members accused the government of lack of requirements. The facilities in WKCD are Road side of the WKCD site. planning for villagers affected by the

PAGE 4

It is also envisaged that part of the site could introduced by the Star Ferry whenever there their approach to design is inseparable from be used for commercial activities to generate are special events at the hub. the arts district. sufficient revenue for WKCDA to manage and run the site, and to fund arts and cultural [South China Morning Post, 26/07/2011] [South China Morning Post, 04/09/2011] programmes on the site for the next few years before permanent facilities come on Arts Authority considers building literary Key to success for the WKCD is small and stream in WKCD. Examples of commercial centre local activities include : wine and dine festivals; commercial branding events; selected The building of a literary arts centre is being Hong Kong is said to be a perfect setting for advertisements; ancillary food and beverage considered by the WKCDA. The Authority a creative economy. We have a vibrant facilities; fun fairs; and other large scale wants to establish a platform to showcase design, film, arts and music culture and seasonal events. Hong Kong’s literary achievements, through innovative technological industries, such as exchanges and exhibitions. The plan is in game design. This is in part due to Hong Site availability for interim programmes response to repeated petitions from literary Kong’s role as an international city, a and activities circles for a literary museum, which was not communications hub, and a place with a rich included in the West Kowloon arts hub’s cultural make-up and history. For the planned interim programmes and original design. Literary arts include fiction, activities, potential sites in WKCD will be poetry, novellas, short stories and plays. However, a recent seminar heard that a identified, taking into account other existing designated space – such as the WKCD – is temporary uses, various site constraints, and It is understood the centre will be not enough for creativity and innovation to possible conflicts with the construction of approximately 6,458 square feet in area. It thrive. Essential “software” is also needed – Phase 1 facilities, infrastructure and will be dedicated to the promotion and that is, local talent and innovators. The aim landscape works. Preliminary investigation exhibition of Hong Kong’s literary arts, should be to make the West Kowloon area shows that the headland area (about 7.5 ha) rather than serve as a museum or an archival affordable in terms of rent to allow those in around the existing WKCD promenade centre. creative trades to gather, ultimately creating would be suitable and available for interim a vibrant cultural scene not just for tourists, programmes and activities. WKCDA will The arts hub’s management has been but also for locals. explore the possibility of also using discussing the plan with the city’s literary adjoining land currently under the sector and local universities. Planning for John Howkins, author of The Creative management of other government the establishment of the literary centre, Economy, said the emphasis so far on departments. however, does not fall under the purview of development of the West Kowloon facility the performing arts or the museum teams of had been on roofs, buildings and budgeting. WKCDA will also instruct its Project the arts hub. A spokeswoman for a working The real question is what happens to the Consultant and other advisors and agencies group that has been pushing for the project in the long run – the people involved as appropriate to review the adequacy of establishment of a literary museum said the and the events. It is important to think about supporting public infrastructure; improving arts hub’s management had been in contact what kind of destination place it will be and pedestrian and vehicular access; with the working group. what will be the day-to-day benefit for environmental impacts; as well as inter- locals. It is also important to appoint the facing issues concerning the proposed Following repeated petitions in the first two right people for the right jobs, and to have a interim uses and Phase 1 construction public engagement exercises, the Authority long-term master plan and curatorship activities. acknowledged the demand for the presence system to keep a steady flow of interesting of literary elements, and that the literary and relevant exhibitions and shows flowing WKCDA aims to commence interim sector had been calling on the arts hub to in. programmes and activities in WKCD by the promote literary arts. end of 2011. In a city where finance and business lead the Although the Authority is only planning for a economy, there needs to be a change in [West Kowloon Cultural District Authority literary arts centre, it is believed that, as the mindset, so that decision-makers recognise press release, 11/07/2011] archive of the city’s literary history is that there is more than one measure for currently spread across various universities, success. The economy and society will Water taxis to arts hub shows an archival centre would be next to be benefit from other, cultural activities, too. created. Howkins hopes that the WKCD will not be The harbourfront site of WKCD has so far too glossy, too bright, too clean or too been largely unused, pending [South China Morning Post, 08/08/2011] restrictive, but that it will be open and commencement of construction of the flexible. The arts, cultural activity and HK$21 billion project. The art of architecture exhibition cultural expression have to be valued just as The West Kowloon Cultural District much as economic factors. Authority has decided to try to make better The public was given a chance to learn about use of the large site during the several years the WKCD projects before Norman Foster’s [South China Morning Post, 05/09/2011] it will take to complete construction of all final design is unveiled next month. An facilities. Recently, WKCDA announced exhibition titled “The Art of Architecture” that the annual Hong Kong International Jazz displays Foster’s most recent plans for the HONG KONG BRIEFING Festival on October 1 and 2, will be held on WKCD, together with models of 37 other The plastic bag levy is counterproductive part of the vacant site. previous projects his firm has designed, has been staged to give the public an insight in to The implementation of the plastic bag levy WKCDA also announced that the Tourism Foster’s style and history of design. created a substantial drop of 68% in the Board will hold the 3rd Hong Kong Wine and number of T-shirt bags distributed to Dine Festival on the West Kowloon The exhibition was structured around four customers. However, we should be slow to waterfront promenade from October 27 to themes: (1) sustainability (2) infrastructure conclude that this green campaign is a 30, 2011. The Authority also intends to (3) urban planning and (4) history and success. build a traditional bamboo theatre for culture. Models include the earliest design Cantonese opera to be staged during the for the HSBC Building, which included a According to a survey of 100 members, Lunar New Year. public lawn running from the bank to the Hong Kong Plastic Bags Manufacturers' waterfront, and futuristic ones, such as that Association reported a 96% rise in sales of The Authority is optimistic about promoting of the world’s first “spaceport”, in New non-woven bags and a 63% increase in the cultural hub to a worldwide audience, Mexico, in the United States. Visitors could garbage bags since the levy was introduced despite the remoteness of the location. also learn about the evolution of elements of in June 2009. As well, a non-woven bag used However, town planner Pong Yuen-ye the West Kowloon arts hub, including 30 times more plastic than needed for a T- warned that interim cultural programmes underground facilities and the spacing of shirt bag. In the past year, plastic disposed of planned for the arts hub will not succeed buildings. at landfills increased by 9% compared to without improved access to the venue. 2009, revealing that the levy had no effect in The head of design at Foster+Partners said easing the pressure on landfill waste disposal Pong suggested that the government consider that the exhibition, apart from being an sites. supporting a water taxi service to the site, exhibition of their work under the four main instead of relying only on the remote MTR themes, is also meant to address issues The Association further stated that places station. An additional service could also be relevant to West Kowloon and to show how like Australia and Taiwan had a similar plastic bag levy, but no substantial

PAGE 5 improvement to the environment has been Elimination of tungsten filament bulbs by reduction programmes. He discovered that observed. The levy may in turn worsen the stages Taiwan solved the problem of public situation created by the overuse of plastic. resistance to the levy, which Hong Kong is The government plans to eliminate tungsten now facing. At a housing estate Mr. Ho The Association called for a cancellation of filament bulb by stages through legislative visited, a karaoke lounge had been modified the levy, and suggested public education in means, and there will be a three-month for use as a garbage collection room classification of plastics, and the public consultation period starting from 13 monitored by closed circuit television, and establishment of recycling systems for August 2011. residents had to bring their garbage to the reusable plastic in promoting environmental centralised collection point and there classify awareness. According to the government, the first stage the waste themselves. Failure to do so will entail imposing sale restrictions on non- properly would be reported and announced Greener’s Action agreed that public reflective tungsten filament bulbs above 25 by public notice. Waste disposal charges education is necessary, and that overuse of Watts, but tungsten halogen bulbs will be were levied together with management fees. environment-friendly plastic bags exerted exempted. There will also be a grace period As well, residents could only buy plastic pressure on landfill sites. However, the group of 1 year. Selling, leasing or gifting of bags with anti-forgery features from suggested extension of the levy to all types unqualified tungsten filament bulbs will be convenience stores. of plastic bags to prevent misuse of bags prohibited and subject to penalties, but such penalties will not apply to end-consumers [Ming Pao, 24/08/2011] [China Review News, 18/07/2011] using those bulbs. Recycling fees charged when buying Airport Authority concealed the harmful The Electrical and Mechanical Services electronics effects of the new runway Department carried out an investigation throughout Hong Kong, by which it was The government launched the Producer Under pressure from various parties, the ascertained that there are approximately 11 Liability Scheme for Waste Electrical and Airport Authority Hong Kong released 8 million lighting devices using tungsten Electronic Equipment early last year; details specialist reports regarding the proposed new filament bulb, and 6.8 million lighting of its operation to date will be published runway, which reveal that the Airport devices using non-reflective tungsten soon. The initial proposal was for consumers Authority tried to dilute public sentiment and filament bulbs. It is estimated that 900 to pay recycling fees when buying electrical concealed environmental impacts of million units of electricity are consumed by and electronics equipment. Environmental constructing the third runway at Chek Lap artificial lighting, which is more than 2% of groups lobbied the government: to set up a Kok. all Hong Kong’s electricity consumption. fund to hold revenues received from recycling activities; to support the operation According to the consultation documents The sale restriction on traditional tungsten of recycling industries; and to establish a released with the HKIA Master Plan 2030, filament bulb over 25 Watts will eliminate commission to update the level of disposal only a small area around the Airport would 270,000 tonnes of carbon dioxide emissions charges according to market price. be adversely affected, whereas the each year, which is equivalent to the carbon consultation reports revealed that annual emissions off-set of 2 million trees. The scheme covers equipment such as: carbon monoxide emissions would be television sets, washing machines; increased by 100% to 5,422 tonnes by the The government and the lighting industry refrigerators; and computer products (PCs, time the new runway was constructed; the will set up a specialist team to sett minimum laptops, printers, scanners and monitors); but accumulated nitrogen dioxide emissions energy efficiency standards for globes, and does not include mobile phones, digital would be excessive; and the level of air will establish a registration system for cameras and video games. pollutants in Tung Chung and Sha Luo Wan qualified tungsten filament bulb suppliers, will be increased by 1% to 20%. which will be updated every 5 years and The industry is generally supportive, and the published on the webpage of the Electrical scheme could raise public awareness of Friends of the Earth considers that despite and Mechanical Services Department. environmentally responsible disposal of the re-formulation of the air pollution index electronic waste, which is generally very at the end of 2011, the Airport Authority Green Peace welcomed regulation of sales of toxic. s But producers also have mentioned only that the runway conforms tungsten filament bulb, but also expressed responsibility to use environmental-friendly with current air pollution guidelines. concerns that such restrictions did not really materials, so in some countries, the fees will go to the core of climate change, the lack of be paid by producers and collected back As well, a preliminary environmental a detailed schedule, and the fact that the from the customers. assessment report concluded that there would policy aimed only at household tungsten be a permanent loss of 800 hectares of filament bulbs but not commercial halogen Environmental groups’ main concern is how feeding/breeding grounds for the Chinese lamps, which will reduce the intended the fee collection will be implemented and White Dolphin, affecting at least 118 beneficial effect of the restrictions. Green managed. Nonetheless, the groups are dolphins estimated to inhabit the affected Peace urged the government to eliminate generally supportive of the scheme, area. This is in direct contradiction to earlier sales and use of all types of tungsten filament especially the proposed fund. consultation documents which stated that bulbs. White Dolphins seldom appeared in waters [Sing Tao Daily, 04/09/2011] north of the Airport (i.e. where the third [Sing Tao Daily, 13/08/2011] runway would be constructed). Kuk chiefs may take fight to Europe Household waste charging scheme for The preliminary environmental assessment consultation Negotiations between Heung Yee Kuk and report also states that at least 1,000 to 3,000 the government as to the government’s households will be affected by the noise The government is planning to issue public demand for removal of illegal structures generated by the additional runway, consultation documents at the end of 2011 within village (small) houses, and the including residential areas in Tuen Mun and concerning the intended municipal solid conservation of private land in or abutting Tai Nam Chung; but the consultation waste levy scheme. The Environmental country parks have broken down. documents merely stated that there will be no Protection Department explained that the effect on noise levels. scheme was part of a wider waste No consensus was reached in relation to management strategy, and could provide houses standing on so-called “old leases” Legislators urged the government to extend economic incentives for waste reduction at that were drafted before current building the consultation period, because it takes time source. codes took effect. Earlier, governmental for the public to digest the reports, and officials insisted that any village house encouraged the government to be more Greeners’ Action lamented that although higher than the three-storey standard format transparent and open in the consultation. The Hong Kong and Taiwan introduced waste will have to be demolished, whereas Heung Professional Commons urged the Airport reduction policies at about the same time--in Yee Kuk insisted that such structures (on old Authority to list proposed mitigation 1990-- Taiwan has actually reduced its waste leases) should be exempted. measures, as otherwise it will be difficult for volume by 70%, but in Hong Kong the the government to pass the statutory household waste levy is still under On the conservation issue, Heung Yee Kuk environmental assessment requirements. discussion. members plan to tour European countries where many of the owners of affected [Apple Daily News, 09/08/2011] Ho Hon-wai of Greeners’ Action visited properties now live, to talk to the landlords Taiwan on 15 August 2011 to investigate and complain to the Chinese embassies in Taiwan’s implementation of its waste those countries. Lau Wong Fat of Heung Yee

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Kuk suggested a land exchange should be suggested that significant reduction of solar the list of the cities critically threatened by made by the government as compensation for radiation at the Earth's surface, simultaneous climate change. freezing villagers’ lots as country park land. with the warming of the lower atmosphere, increases atmospheric stability, slows down A World Bank expert in Bangkok suggested [SCMP, 09/09/2011] the hydrological cycle, and reduces rainfall that one of the reasons Bangkok is sinking is during the monsoon. the excessive extraction of underground CLIMATE CHANGE water, but experts differ on the causes. Is black carbon affecting the Asian NASA’s Goddard Institute for Space Scientists from the National Centre for the monsoon? Studies’ research team, which prepared the Prevention of Natural Disasters predict that UNEP/WMO report, said they are not by 2100, Bangkok will have become a new Although a normal monsoon has been determining details, like whether a monsoon "Atlantis". They claim that the government forecast for South Asia this year, and rains comes early or late, or direction changes, but has taken no decision yet to address the have begun normally in many parts of the what has been confirmed is that there is danger, and if nothing is done, Bangkok region, people are still anxious about the disruption in the rainfall. could be entirely flooded by 2030. One rainy season, which usually lasts for four solution scientists have proposed is the months. Their anxiety has to do with the Other scientists in India agree that monsoon construction of a series of huge sea walls uncertainties surrounding the timing of the patterns are changing. A director of the along the Siam gulf, which would cost about monsoon in recent years. National Atmospheric Research Laboratory, 2 billion Euros. under the Indian government's department of While the debate continues over the role of space, suggested that a clean atmosphere Another oceanographer, specialising in the climate change, scientists have also been without black carbon and a dirty atmosphere impact of climate change in Southeast Asia, looking at the possible role of soot and urban with black carbon are certainly going to is more cautious. He believes that no one can smog pollution in disrupting the weather behave differently; quantifying that predict how long it will take for Bangkok to system. The uncertainties surrounding the difference is what remains to be done and be flooded, and how the process will evolve. monsoon have mainly affected agriculture, that is where we are stuck, at present. While resulting in a rise in food prices. scientists take time to figure out how black In his opinion, construction of sea walls carbon actually affects monsoon rains, South would be useless. There is no point trying to In the past decade, there was lower than Asia's major players, India and China, prevent coastal erosion from happening. The average rainfall in a number of monsoon continue to see a steep rise in energy shore diminishes 3 to 4 cm each year. On the seasons in some places. Various areas consumption. other hand, there are many other ways to suffered severe droughts, and other regions fight the floods, such as better management were flooded as a result of unusually heavy According to the International Energy of urban buildings. and torrential rainfall in a short span of time. Agency, by 2035, China will account for An erratic weather pattern has begun to 22% of the world energy demand, up from A professor in the architecture department of emerge in parts of Asia this year. 17% today. India will be the second-largest the University of Chulalongkorn believes contributor to the increase in global demand that floods have always been a natural danger for Bangkok, considering that the city Soot includes particles of so-called black to 2035, accounting for 18% of the rise. Both is built on muddy soils and is only 1.5 metres carbon from the incomplete combustion of countries derive energy mainly from fossil above sea level. fossil fuels, wood and biomass burning. fuels, which is one of the main sources of

Smog consists of air pollutants in the lower atmospheric black carbon. atmosphere, which includes troposphere However, in the past, "khlongs" (irrigation canals), vegetable gardens and fields ozone, a powerful greenhouse gas. [BBC, 08/07/2011] absorbed the floods; but during recent urbanisation, many buildings have been built Over the years several scientists have said Parts of Bangkok could be underwater in on lands that once allowed the water to drain. that increased concentrations of black carbon 2030 and troposphere ozone could be disturbing [Time Magazine, 21/07/2011] monsoon patterns. Day after day Bangkok sinks. The most pessimistic experts are afraid part of Climate change brings tea and apricots to A recent report by the United Nations Thailand's capital will be submerged by Britain Environment Programme (UNEP) and World 2030. Specialists complain about the absence Meteorological Organisation (WMO) has of any policy in place to prevent a disaster further stressed that both black carbon and that seems bound to occur. British farmers are experimenting with crops ground level ozone could be factors such as olives and nectarines which have traditionally been imported from southern disrupting monsoon rains. This natural disaster risk will be a central Europe, and the first British tea plantation challenge for Thailand’s new government. has opened. A changing climate is set to Climate change, rising sea levels, coastal According to the report, carbon and ozone transform the nation's countryside. erosion: these are among a variety of disturb tropical rainfall and regional Flowers will bloom early and crops will be converging factors which could lead to the circulation patterns, such as the Asian harvested sooner, as Britain marches toward end of the biggest city of the Chao Praya monsoon, affecting the livelihoods of what the government describes as a "wetter river delta. millions of people. They can change wind and warmer" United Kingdom. patterns by affecting regional temperature contrasts that drive the winds, which is in Bangkok was originally established Britain's first tea plantation has opened in turn influencing where rain and snow fall. following a commitment made on 21 April Cornwall in southwest England, the country's There have been several reports on both 1782 by the first sovereign of the Chakri warmest region and the centre of much of the troposphere ozone and black carbon in the dynasty. The city continues to multiply current crop experimentation. A director at past, but it is the latter that has at times demographically. Some 10 million people Tregothnan Estate said that they had an generated some controversy. now live in the centre or in the suburbs of opportunity when temperatures in Cornwall this megalopolis. Even the weight of the turned warmer and they established a tea The Indian Network for Climate Change skyscrapers contributes to the progressive plantation in 1999. Their first harvest was in Assessment, a government-launched network engulfing of Bangkok. The city’s underlying 2005, and their yield has improved every of several scientific bodies, pointed out that soils fall from 1.5 to 5.3 cm each year. A year since. there were conflicting scientific statements significant part of the megalopolis is already on the impact of black carbon on monsoons. lower than under sea level. Tregothnan Estate now grows 22 varieties of tea and is expecting a record harvest in According to the findings of NASA (the U.S. Sooner or later, rising sea levels will threaten excess of 10 tonnes this year. The estate has Space Agency), absorption of solar radiation more that 1 million buildings, 90% of which also been experimenting with cultivating and consequent warming by aerosols over are residential. In Samunt Prakan harbour, edible flowers. the Tibetan plateau act like an elevated heat about 15 kilometres from Bangkok, suburban pump, drawing in warm and moist air over houses along the river are already flooded A farmer in neighbouring Devon has been the Indian sub-continent which advances and during part of the year. In a report published trying to grow a wide array of crops, intensifies the Indian summer monsoon. by the World Bank, the Asian Development including olives, pecans, and apricots. The Bank and the Japan International farmer made a list of all the foods he liked, However, not everyone subscribes to this Cooperation Agency, Bangkok appears on and then deleted the crops others grow theory. Several atmospheric scientists have perfectly well locally, or are cheaply

PAGE 7 available. His research indicated that some climate change. However, those conclusions The Carbon Disclosure Project Report, crops that had not been grown in England have been disputed, and in any case, prepared by PricewaterhouseCoopers, also before might now be viable, given new predicting extinction and finding the cause is said there was a link between higher stock varieties and climate change. extremely difficult. Being forced to move market performance and action on climate does not automatically equal extinction, as change, with those that have a strong focus A professor at the Royal Agricultural animals often shift their habitat ranges in on the issue providing investors with College suggested that the potential for new response to predators, changing food approximately double the average return crops in Britain will depend not only on the patterns, even diseases. over the period between 2005 and 2011. degree of global warming but also on the extent to which plant breeders are able to Nevertheless, there is little doubt that Tesco was the only big player from the develop new varieties able to withstand United Kingdom which made it into the top lower temperatures. For example, maize was wildlife is at serious risk from a number of different threats. Simply losing habitat due to 10 for both disclosing information and taking not traditionally grown in Britain but is now, action on climate change, joining the likes of mainly because of plant breeders’ man-made deforestation or development is the most direct threat to the survival of Bank of America, BMW, Sony and Philips achievements in breeding earlier maturing Electronics. varieties, rather than due to global warming. wildlife, followed by the spread of invasive species, diseases and hunting. This may be achievable for other crops, so But British companies British American climate change is not the only factor [Time Magazine, 19/08/2011] Tobacco, natural gas business BG Group and affecting cropping patterns. GlaxoSmithKline also made it into the list of China might stop UN CO2 credit supply major corporations which performed well on A government scientist said that his in 2015 addressing climate change; they were department was closely monitoring the included in the 2011 Carbon Performance impact climate change was having on crops. China, the biggest supplier of carbon credits, Leadership Index which includes only 29 top The scientist believes that there is no might withdraw from the United Nations businesses. question that climate change will have a overseen Clean Development Mechanism by significant effect on crops. Climate change 2015, boosting offset prices in the five years Major companies which are still not might well be beneficial for Britain because to 2020. disclosing climate change information farmers will have a longer growing period, include Amazon.com, Apple, Bank of China with shorter winters and earlier springs. According to Barclays Capital analysts, post- and Russian government-owned oil giant 2012 letters of approval from China’s Rosneft. However, he cautioned that climate change National Development and Reform does also raises serious concerns for a Commission, the nation’s regulator, specify The Carbon Disclosure Project Report country such as Britain that relies heavily on volume limits that suggest a halt in supply in food imports. indicates that rising oil prices, risky energy 2015. The implication is that China might supplies and increasing recognition of the stop selling credits then, thereby slashing [Reuters, 28/07/2011] returns on investment in cutting emissions global supply. have made climate change a more important

How climate change is turning plants and issue in the boardroom. Over 50% of China might be expecting to keep its companies reported that the cost of schemes animals into refugees emission reductions for itself to meet its own to reduce emissions--such as energy-saving greenhouse gas targets, rather than export projects in buildings, installing low-carbon Climate change is happening. The questions them, the analysts said. The 1997 Kyoto now for the 98% of climate researchers who power and changing the behaviour of staff,-- Protocol places 2012 targets only on some were recouped within three years. constitute the scientific consensus on man- developed nations. The U.S. has argued that made global warming is how fast the climate fast-developing nations, including China, Seventy four per cent of companies which is changing, and what impact it will have on need targets too. UN data suggests that China humanity and the planet. responded to the survey now have emissions- is the biggest seller of credits under the UN’s reductions targets, up from two-thirds (65%) One major effect of warming that scientists Clean Development Mechanism. in 2010. Utilities companies have the best are already seeing is the migration of plants average climate change performance. Energy and animals to cooler climates to escape According to a UN Framework Convention companies lag behind other sectors; fewer rising temperatures. In a study published in on Climate Change technical paper, some are setting targets, taking action or disclosing the August edition of Science, researchers in nations want to make sure a global climate information. Britain and Taiwan record that species are protection system would not allow double moving in response to global warming up to counting of emission reductions in both The Carbon Disclosure Project, an three times faster than previously believed. emerging and rich nations. independent organisation which tracks Studies covering more than 2,000 plants and corporate information on climate change, animals established that species have moved While countries are establishing carbon believes that the improved financial to higher elevations to escape warmer trading programmes and developing other performance of companies with high carbon temperatures at the rate of 40 ft per decade, policies to cut greenhouse gases, there is a performance is a clear indicator that it makes and moved to higher latitudes at the rate of possibility, depending on accounting rules good sense to manage and reduce carbon 11 miles per decade. that are yet to be developed, that the same emissions. emission reductions are double-counted as A biologist at York University claimed that reductions of emissions in developed and Tesco, the global climate change champion, climate change is putting plants and animals developing parties, according to a report said that they have been cutting emissions on the run. These changes are equivalent to published on UNFCCC’s website. for years, and as a result have also reduced animals and plants shifting away from the their energy costs by more than £200 million Equator at approximately 20 cm per hour, for [Bloomberg, 25/08/2011] annually. every hour of the day, for every day of the year. According to his research, this has been World's largest companies 'acting on The report found that the vast majority going on for the last 40 years and will climate change' (93%) of companies which responded have continue for at least the rest of this century. senior executives or board members A majority of the world's largest companies responsible for climate change, and almost are taking action on climate change as part of Scientists have seen evidence of species two-thirds (65%) offer financial rewards to their business strategy, a survey has found. moving to escape higher temperatures staff for taking action on climate change. before, but the Science analysis goes further, The 10th annual Carbon Disclosure Project, showing that species have moved the most in [The Guardian, 14/09/2011] which analysed responses from 396 of the areas where temperatures have risen 500 largest companies in the world, found dramatically. For example, the comma more than two-thirds (68%) now say they put ADVISORY COUNCIL ON butterfly has shifted 137 miles north in only climate change issues central to their two decades. THE ENVIRONMENT business, compared with 48% last year. (ACE) th The bigger question is: what will this mean Almost half (45%) are now reporting that 180 ACE Meeting on 19 September 2011 for animals and plants forced to migrate? An they have cut their greenhouse gas emissions influential 2004 paper in Nature estimated as a result of steps they took to tackle carbon, Public Consultation on Initial Proposals that up to one third of the world's plants and up from less than a fifth (19%) in 2010. for the Regional Cooperation Plan on animals could be extinct by 2050 due to

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Building a Quality Living Area (ACE with a view to reducing levels of Paper 11/2011) emissions of major air pollutants in Key cooperation proposals include: Hong Kong and the PRD region to  continuing planning and On 1 September 2011 the government below levels in 2010; development of the priority cross- commenced a three-month public  conducting a joint study of ways to boundary cooperation areas (e.g. the consultation on the initial proposals for the control air pollution from vessels in Lok Ma Chau Loop Area, Qianhai in Regional Cooperation Plan on Building a the Greater PRD waters; Shenzhen, Nansha New district in Quality Living Area.  devising cooperation plans to reduce Guangzhou); air pollutant emissions from vessels  conducting a joint study of During the 11th Plenary of the Hong Kong- through the use of cleaner energy; coordinated spatial development in Guangdong Co-operation Joint Conference  enhancing regional air quality corridors along cross-boundary in August 2008, the Chief Executive of Hong monitoring networks; and express railways; and Kong SAR and the Governor of Guangdong  conducting scientific research and  exploring an expansion in the scope agreed that joint strategies should be devised studies of regional air pollution of the cross-boundary spatial to transform the Greater Pearl River Delta control. cooperation. (“PRD”) region into a low-carbon, high- technology and low-pollution city cluster of b. Promoting low-carbon development e. Facilitating development of green quality living. transportation and convenient boundary Key cooperation proposals include: crossing The consultation document sets out a list of  low-carbon development cooperation proposals covering the following cooperation mechanism: enhancing Key cooperation proposals include- areas: buildings’ energy efficiency by:  enhancing transportation systems of (a) improving environmental and formulating green building the region (promoting railways as the ecological quality; standards; encouraging existing backbone of transportation systems (b) promoting low-carbon development; buildings to carry out energy in the Greater PRD region; (c) cooperation in culture and livelihood improvement works; and requiring strengthening marine and river issues; public sector development projects to transport developments; and (d) coordinated spatial development; and take the initiative in implementing facilitating development of non- (e) facilitating green transportation energy efficiency measures; motorized transport); development and convenient boundary  enhancing cleaner production in  promoting energy efficiency and crossing arrangements the region: giving recognition to emissions reduction in transportation enterprises which actively pursue systems: raising fuel and emission a. Improving environmental and ecological cleaner production as “Hong Kong- standards; formulating measures for quality Guangdong Cleaner Production the control of pollution from vessels Partners”; promulgating practical to protect coastal environment; and Strengthening and improving guidelines on cleaner production; reducing emissions from motor ecosystems and opening up the PRD market for vehicles; and cleaner production technologies and  promoting sustainable development Key proposals include: consultation services to Hong Kong of transportation systems by  coordinating ecological protection and Macao service providers; strengthening collaboration in the for Robin’s Nest reserve in Hong  development of environmental planning and development of Kong and Shenzhen Wutong Shan industries: developing the market transportation systems. National Forest Park; for environmental technologies and  jointly conducting ecological services in the Greater PRD region, Public Consultation on the Restriction of baseline studies to investigate and enhancing cross-boundary Sale of Energy-inefficient Incandescent regional biodiversity, community cooperation in recycling reusable Light Bulbs (ACE Paper 12/2011) characteristics and spatial materials; distribution in order to collect  development of new energy and A three-month public consultation on the information and data for formulating renewable energy: conducting restriction of sale of energy-inefficient management initiatives in the future; assessment of the potential of new incandescent light bulbs (“ILB”) began on 12  conducting monitoring and research energy industries; formulating August 2011. programmes concerning the ecology measures which are beneficial to the of the wetland systems in Mai Po development of new energy and Background Inner Deep Bay Ramsar Site in Hong renewable energy industries; Incandescent light bulbs work by heating the Kong and Futian National Nature promoting the use of renewable tungsten filament; 90% of the electricity Reserve in Shenzhen; and energy products; and consumed is lost as heat while only 10% is  devising a joint management plan for  development of clean energy used for lighting. They are therefore not the protection and conservation of supply and the related energy-efficient. Lighting on average Chinese white dolphin habitat at infrastructure: ensuring a stable accounted for approximately 15% of total Lingding Bay supply of clean energy; conducting a electricity consumption in Hong Kong in the study of the development potential of past decade. Thus, replacement of Improving water quality of the Pearl clean energy in the region; and incandescent light bulbs by energy-efficient River basin and estuary formulating design and construction lighting products will lead to substantial standards for clean energy reduction in power consumption. Key cooperation proposals include: infrastructure in the region  improving water quality management Government‟s proposal and water pollution control; c. Cooperation in culture and livelihood The government proposes restricting by  strengthening cooperation in regional issues legislation the supply of energy-inefficient water pollution control; and non-reflector type ILB by phases. This is  strengthening cooperation in Key cooperation proposals include: considered by the government to be in line improving the quality of adjoining  transforming Hong Kong into an with international practice on the restriction waters; e.g. jointly determining a set international cultural hub; of ILB supply. The government proposes of more stringent targets for  strengthening transport support that the initial phase of the mandatory protecting water environment, services for cross-border students; scheme should cover non-reflector type ILB jointly setting up a water quality  facilitating social service providers of 25 watts or above, which operates on monitoring network and improving of Hong Kong and Macao to operate single phase electricity supply of nominal the information sharing mechanisms. elderly homes and welfare voltage of 220 volts. These include general institutions for persons with lighting service lamps, candle shape, fancy Improving air quality disabilities in the PRD region; and round and other decorative lamps, but  raising overall standards of food exclude tungsten halogen lamps. Concerning Key cooperation proposals include: safety in the PRD region by making the aforesaid lamps, the government  Guangdong and Hong Kong should reference to the safety management proposes that: complete a joint study of arrangements adopted for food mechanisms for reducing air supply in Hong Kong and Macao (a) the supply of those lamps which fail to pollutant emissions in Hong Kong meet the minimum energy performance and the PRD region for 2011-2020, d. Coordinated spatial development standards (“MEPS”) should be

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prohibited; and policy. beach resorts and other parties across 16 (b) the supply of those lamps which can provinces, to form a group of plaintiffs. meet the MEPS should be governed by REGIONAL & a registration system. A lawyer in Beijing, Jia Fangyi, wanted to INTERNATIONAL sue the administration for withholding news The proposals refer to overseas mandatory of the spills from the public for almost a schemes in determining appropriate MEPS to CHINA month. However, Jia failed in getting a court be adopted in Hong Kong. to accept the case. Jia said a judge from the China commits to landmark agreement Beijing Intermediate People's Court asked Concerning the registration system, the with dual ozone and climate benefits him to postpone the lawsuit because the government proposes that any person or oceanic administration was too busy to deal company who supplies those lamps (which China is the largest producer and consumer with the case. can meet the MEPS) for local use should of hydrochlorofluorocarbons (HCFCs). ensure that such lamp models have been duly HCFCs not only harm the ozone layer but [SCMP, 01/09/2011] registered with the Electrical and Mechanical also the climate, due to their high global- Services Department and the person or warming potential. In order to support U.S. firm reopens wells in Bohai Bay company should also be a registered supplier China's commitment to making a real change for supplying such lamp models. to the global environment, as well as a The Oceanic Administration suspended contribution to the “green economy”, the ConocoPhillips' oil production in Bohai Bay Potential benefits Executive Committee of the Multilateral on 2 September 2011 after it had failed to Most 25W or above non-reflector type ILBs Fund for the Implementation of the Montreal meet a 31 August deadline to seal sea-floor supplied in Hong Kong fail to meet the Protocol established a fund of oil leaks and to remove traces of oil from the prevailing MEPS adopted overseas. US$265million for China to cut its use of ocean surface. ConocoPhillips reopened Therefore, the government is of the view that these gases by 2015. wells to ease reservoir pressure in the the adoption of MEPS under a mandatory Penglai 19-3 oilfield in mid September. scheme will reduce the supply of such lamps In the first stage of China’s HCFC phase-out in the local market, leading to reduction in management plan, China and the Multilateral CNOOC said it would tightly monitor the energy consumption and carbon dioxide Fund's Executive Committee agreed to operation of the Penglai 19-3 oilfield, and the emissions. implement various measures, including operation would comply with the authorities' adopting new technologies in China’s production suspension order. CNOOC also The government estimates that the industrial sectors. Once implemented, the said reopening the wells should protect the implementation of the mandatory scheme technologies are estimated to eliminate 3,320 environment and safeguard the oil deposit by will achieve a reduction in electricity tonnes of HCFC consumption in China. easing reservoir pressure. But consumption of up to 390 GWh per annum, Compared to the technologies currently in environmentalists said the operation-- which which would yield potential annual savings use in China, the new technologies adopted will discharge oil, gas and water-- might of about $390 million in electricity bills and will significantly contribute to global efforts worsen the marine pollution caused by the a reduction of 273,000 tonnes of carbon to combat climate change by reducing the faulty oil-well. dioxide emissions. emission of greenhouse gases. [SCMP, 13/09/2011] Report of the Waste Management China’s industrial sectors will face the Subcommittee - Views on the Extension of challenge of converting assembly lines in Conoco should face criminal charges the Environmental Levy Scheme on order to freeze the country's consumption of Plastic Shopping Bags (ACE Paper HCFCs in 2013, and reduce its consumption Mainland Legal experts suggested criminal 13/2011) from this level by 10% by 2015, in line with charges should be levied against the Montreal Protocol's control measures for ConocoPhillips, the operator of the two The Waste Management Subcommittee (the HCFCs. leaking platforms in Northeast China's Bohai “Subcommittee”) discussed the proposal for Bay. an extension of the Environmental Levy China has also promised to entirely eliminate Scheme on Plastic Shopping Bags its's HCFCs by 2030 with assistance from the According to China's Criminal Law, a (“Scheme”) at its meeting in June 2011. The Multilateral Fund. company may face charges over severe Subcommittee expressed the following views: environmental pollution if it causes financial [United Nations Environmental Programme, loss of more than 300,000 yuan in public or (a) The Scheme has achieved remarkable Press Release, 02/08/2011] private assets. The crime of severe results. It is estimated that the number environmental pollution may result in a of plastic shopping bags distributed by US oil firm makes final clean-up of spills maximum sentence of seven years in prison registered retailers has decreased by off Shandong and an unlimited fine. about 90%. More people now practise a “Bring Your Own Bags” in their Oil spills at the Penglai 19-3 oilfield caused Yang Jizhen, chairman of Laoting Fisheries daily lives. one of the worst marine contaminations in Association in Hebei province, said that decades. The Penglai 19-3 oilfield, China’s fishermen in his county face total losses of at (b) There was an increase in disposal of biggest offshore oilfield, is jointly owned by least 330 million yuan due to marine plastic shopping bags by those retail the China National Offshore Oil Corporation contamination caused by the oil spills. categories outside the scope of the (CNOOC), one of China’s big three oil current scheme. The Subcommittee companies, and ConocoPhilips, a US oil Some law experts say that if the authority agreed that the Scheme should be fully company which is operator of the drilling files the suit, it will ring alarm bells for extended to cover all retailers so as to operation. foreign companies in China to obey China's curb the indiscriminate use of plastic environmental laws, and would raise shopping bags. China’s marine authorities set an 31 August environmental awareness among commercial 2011 deadline for ConocoPhilips to seal enterprises. (c) Exemption should be granted for use of leaks on the sea floor and remove traces of plastic shopping bags on food hygiene oil from the ocean surface. The government, [China Daily, 07/09/2011] grounds. The current compliance which plans to sue the company over the system could create an excessive series of oil spills, has threatened further ASIA burden for small and medium-sized action if it fails to meet the deadline. enterprises. Retailers should be Sand mines boom in Asia — at a cost to allowed to retain the plastic shopping ConocoPhillips claimed it had completed the nature bag levy in order to alleviate the clean-up and sealed off the leaks before the Scheme’s administrative burden. deadline. CNOOC said that it had helped in Singapore is a wealthy city-state which is the clean-up, but denied any responsibility expanding its territory by reclaiming land (d) Public education is the key to the for the spills. from the sea. Land reclamation has enlarged extension of the Scheme to all retailers. Singapore by more than a fifth. Additional The Subcommittee suggested that the The state Oceanic Administration said that reclamation of more than 100 square Government should conduct surveys or all victims of the oil spills should gather kilometers is to occur by 2030. Sand from researches of citizens’ use of plastic under its wing to sue ConocoPhillips for nearby poor countries is used for landfill and shopping bags, as provided by the compensation. It started organising victims, building Singapore’s spectacular skyline. retailer, or by following the BYOB including fishermen, aquaculture farms, Mountains of sand are needed; this forms

PAGE 10 part of a global harvest of sand from AFRICA massive Gulf oil spill, the largest offshore oil beaches, rivers and sea-beds. U.N. statistics spill in U.S. history was caused by poor show Singapore imported 14.6 million tons Environment Ministers to gather in management and critical mistakes by BP and last year, ranking it among the world's top Bamako its contractors. Investigators from the U.S. customers. Coast Guard and Bureau of Ocean Energy The experts' segment of the Fourth Special Management (BOEM) also said stronger Cambodia, a poor country where corruption Session of the African Ministerial regulations could have helped prevent the is rife, is now the No. 1 sand supplier. The Conference on the Environment (AMCEN) catastrophe. U.N. figures show that Cambodia supplied on climate change opened on 13 September 25 percent of Singapore's imports in 2010, 2011 at the International Conference Center The Justice Department has already sued the followed by Vietnam, Malaysia, Myanmar in Bamako. The AMCEN meeting was well's owners, BP, Anadarko Petroleum Corp and the Philippines. attended by 200 delegates representing and Mitsui Co Ltd, as well as Transocean. countries, international organisations, The findings from federal investigators could More countries have banned sand exports to research institutes and civil society provide fodder for lawsuits that BP and its curb environmental damage caused by sand organisations. contractors have filed blaming each other for extraction. Malaysia imposed a ban in 1997, the catastrophic oil spill. The latest federal though the media there frequently report on The AMCEN meeting focused on the need to report echoes other official investigations of massive smuggling into Singapore. stabilise global average temperatures at the spill, which have blamed the catastrophe Cambodia banned the export of sand from levels that are safe for developing countries, on a series of mistakes made by BP and its rivers in 2009 but allows it from some sea- particularly Africa which is vulnerable to partners. beds. Recently, some government officials climate change. According to the Inter- said that rivers where seawater flowed into governmental Panel on Climate Change, Following the Gulf spill, the government fresh water, replenishing sand naturally, Africa will warm by approximately 150% of imposed new rules aimed at preventing were exempt. the global level, due to its geographic and another disaster, and began a complete physical characteristics. reorganisation of the scandal-prone offshore Global Witness said the trade in Cambodia drilling agency, which was then known as revealed a "mismatch between Singapore's In addition to other potentially significant the Minerals Management Service. reliance on questionably sourced sand and its adverse impacts for Africa and her position as a leader for sustainable development, more recent studies show that The report said regulations could be development." warming of as little as 1°C could reduce strengthened in areas involving cementing agricultural production by 20% in certain procedures and safety inspections of offshore [The Associated Press, 22/08/2011] crops and areas. Other pending issues drilling operations, but observed that many include finding a way forward under the recommended changes have now been JAPAN Kyoto Protocol, how to raise and secure implemented by the BOEM. funds needed for the long-term climate Japan aims to halve radiation in affected financing and the legal form of a new climate [Scientific American, 14/09/2011] areas agreement. EUROPE Japan aims to halve radiation over the next UNEP Regional Director for Africa expected two years in places contaminated by the the AMCEN meeting to develop a coherent Tighter restrictions on industrial creosote Fukushima nuclear crisis. The cleanup, strategy and messages for the UN’s use which includes removing soil, plants and seventeenth Conference on Climate Change trees as well as cleaning roofs of buildings in from 28 November to 9 December 2011 in Following a tightening of rules by the an area spanning thousands of square Durban, with the aim of securing balanced European Commission, tough restrictions on kilometres, could cost tens of billions of U.S. and ambitious outcomes that serve Africa's the industrial uses of creosote, a toxic dollars. Thousands of evacuees may not be needs and interests. chemical used as a preservative on wooden able to return home for years. railway sleepers, electricity poles and in [United Nations Environmental Programme, fencing, will come into force on 1 May 2013. It is estimated that radiation in a Press Release, 14/09/2011] Creosote, a carcinogenic substance, may no contaminated area will fall naturally by about longer be sold in the EU unless a company 40% over two years. The government wants UNITED KINGDOM has a permit to do so. to speed up the process by another 10% through human efforts, according to Government deletes „sell-by‟ dates to The Commission's decision stems from a risk guidelines for the cleanup unveiled on 26 reduce food waste assessment of the effects of creosote on August 2011. The guideline also calls for human health and the environment. Creosote thorough cleanups in places frequented by The UK government issued new guidance is a complex mixture of hundreds of distinct children, such as schools and parks, asking supermarkets and food shops to avoid compounds that are very harmful for the eventually pushing radiation levels in those using 'sell-by' dates on packaging in order to environment and pose unacceptable risks for places below 1 millisievert annually. The deter shoppers from throwing away good the health of future generations. There are government also aimed to bring radiation food. significant environmental risks when wood below 20 millisieverts per year, the threshold treated with creosote comes into direct level for evacuation, in areas where that level According to the new governmental contact with soil or water. is currently exceeded. guidance, packaging should only carry “use by” or “best before” dates. "Use by" labels Creosote has been used as an industrial Experts say the total area in need of cleanup should only be used if food could be unsafe preservative wood treatment for more than a could be 1,000-4,000 square km (386-1,544 to eat after that date, while "best before" hundred years. Creosote-treated wooden square miles), about 0.3 to 1 percent of dates should show the product is no longer at sleepers are still widely used by railway Japan's total land area, and could cost more its best but is still safe to consume. companies. Agricultural and industrial than 10 trillion yen (US$130 billion). fencing is also a big market for creosoted According to the Waste and Resources timber. The government said it would take full Action Programme, 5.3m tonnes of still- responsibility for disposal of soil and debris edible food is thrown away each year, In certain cases, there are no appropriate removed in the cleanup. However, it does not costing the average family £680 a year. alternatives. Hence, Member States may have a permanent solution for storing the Research shows confusing food labeling is a authorise its placing on the market for clearly radioactive material yet; the material would significant factor. The removal of "sell-by" defined uses, where no alternatives less have to be kept within local communities for dates on food packaging will the volume of damaging to the environment are available. the time being. food needlessly binned every year. [European Commission, Press Release, [Reuter, 26/08/2011] [The Guardian, 15/09/2011] 26/07/2011]

UNITED STATES WORLD

U.S. probe lays gulf spill blame Shipping's new rules 'to clear the air'

According to the final report of the main The International Maritime Organisation U.S. government probe into last year's (IMO) adopted new rules which could save

PAGE 11 the shipping industry US$5 billion in fuel costs and cut carbon dioxide emissions by 20 million tonnes a year on new ships by 2020.

The IMO approved regulations to implement efficiency ratings for ships over 400 gross tonnes, which are expected to enter into force on 1 January 2013. Under the new IMO regulations, ship-owners will have to meet the new efficiency ratings for each type of vessel they order. Dry cargo bulk carriers will have a different rating than tankers or container ships.

The measure was approved overwhelmingly by 48 counties at the IMO's marine environment protection committee in July. China was one of only five countries that voted against the measure. Hence, there will be no pressure on those mainland shipyards to comply when building ships to be registered in China for mainland owners, notwithstanding those shipyards are likely to build more energy-efficient ships for foreign owners.

The IMO’s new rules allow countries to delay implementation for up to four to six years after the commencement date of the rules. As a result, there is some uncertainty over how quickly the energy-efficiency design index and the associated energy efficiency management plan will be implemented.

[SCMP, 25/07/2011]

PAPUA NEW GUINEA

A court in Papua New Guinea has awarded substantial damages against Concord Pacific Ltd., a Malaysian logging company, for illegal logging.

National Court Justice Davani, sitting in Port Moresby, based her judgment on statements from 1800 members of the four tribes living in the affected area, and expert evidence of three environmental scientists who conducted audits and presented evidence to the court. She said the logging operations conducted under TA (Timber Authority) 24 from 1995 and thereafter resulted in widespread destruction to the natural vegetation and forests, the effects of which were still felt today.

“The devastating effects referred to above, among others, are the constant heavy erosion, constant flooding, and destruction of food gardens and lack of game for consumption and commercial purposes. The tribes are left with only a dirt road that is impossible and not fit to be travelled on, either by walking or by vehicles,” Justice Davani’s judgment read.

Members of the Kuni, Pare, Zimakana, Yonhom tribes living in the Kiunga Aiambak logging and road project area claimed damages for : loss of trees K15.5 million, trespass K60 million and breach of Constitutional rights K9million totaling K226,550,000 (approximately US$100 million).

The court accepted the evidence supporting the plaintiffs’ claim and awarded damages of US$97.2 million against Concord Pacific.

[PNG Post-Courier, 23/06/2011]

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

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

PAGE 13

Convictions under environmental legislation: July to September 2011

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

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

July 2011

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

Sixteen of the convictions were under the Air Pollution Control Ordinance and 8 under the Waste Disposal Ordinance.

The heaviest fine in July was $26,000, assessed against a company that imported controlled waste without a permit.

August 2011

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

Six of the convictions were under the Air Pollution Control Ordinance, 2 under the Noise Control Ordinance, 1 under the Ozone Layer Protection Ordinance, and 16 under the Waste Disposal Ordinance.

The heaviest fine in August was $35,000, assessed against a company that imported controlled waste without a permit.

September 2011 Twenty-nine convictions were recorded in September for breaches of legislation enforced by the Environmental Protection Department.

Ten of the convictions were under the Air Pollution Control Ordinance, 1 under the Environmental Impact Assessment Ordinance, 6 under the Noise Control Ordinance, and 12 under the Waste Disposal Ordinance.

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

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

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