Democrats face uphill battle to pass tree protection law
The Democratic Party is planning to introduce a tree protection law by way of a private bill in the next Legco session, after the government recently ruled out such a law in a review report.
The party's spokesman on environmental affairs, Kam Nai-wai, said a law was still necessary as two new offices - to be set up as a result of the review - would be inadequate for tree care. 'The existing eight ordinances protect trees in country parks and on heritage sites, punish criminal damage to trees and so on, but they do not include comprehensive maintenance standards, and do not specially guard against old and valuable trees,' he said yesterday.
The private member's bill that the party is working on will cover five main areas: defining mature trees and old and valuable trees, and specific protection measures for them; penalties for unauthorised tree felling and transplantation; daily care procedures including standards for soil nurturing and pest cure; a monitoring and complaints mechanism, overseen by a conservation advisory committee; and incentives for tree conservation on private land.
A private member's bill is difficult to get passed. According to Article 74 of the Basic Law, lawmakers may only introduce private bills that 'do not relate to public expenditure or political structure or the operation of the government'.
The Legco president, in ruling whether a bill can be tabled or not, will consider the government's opinion. The chief executive's written consent is required if the bill is related to government policies.
In 2004, Choy So-yuk of the Democratic Alliance for the Betterment and Progress of Hong Kong drafted a private member's bill to amend the Forests and Countryside Ordinance, to strengthen protection of old and valuable trees. But her bill was not supported by then Legco president Rita Fan Hsu Lai-tai.
Mr Kam said his bill would not incur extra government expenses as he was seeking to build up the administrative framework on top of the two new offices - the Tree Management Office and the Greening and Landscaping Office - to be set up under the Development Bureau, as the government had suggested in the review. The government said a law would create complicated problems related to private property rights. The review was criticised for giving too little attention to the lack of knowledge and resources at the front line of tree care, and for failing to strengthen the protection of trees on private land.
Gary Chan Hak-kan of the DAB said he would welcome a bill but was concerned it would be difficult to pass. 'Ultimately, the legislative initiative rests with the administration,' he said.
His party has urged the government to legislate on the issue.
Jim Chi-yung, a University of Hong Kong tree scientist who in 2003 submitted a draft bill for the government to consider, said: 'Constitutionally, it's almost impossible to get a private bill passed. It must be left to the government to do the job.'
He said a protection law should ensure care for trees from start to finish, including allocating enough land for planting, site design, species selection and planting methods.
