Shifting sands
On Tuesday, the South China Morning Post reported that the Agriculture, Fisheries and Conservation Department will not review the boundary of the Hoi Ha Wan Marine Park even though the Lands Department recently resurveyed the coastline to clarify the relationship of the park with the coastline and, in particular, with plots of old agricultural land that have recently been proposed for development. The new survey showed that the coastline has shifted due to erosion over the past decade.
People who are familiar with the area have raised a number of interesting issues. They say the present coastline is essentially the same as before the marine park was created in 1996 and the erosion is not recent. The erosion occurred when sand was removed for use in previous town construction projects. The government has known for some time that seawater is inundating private land there.
The redrawn map has the coastline nearer the village, and some plots of land on the seaward side of the line are no longer shown. However, people in the village say the sea has encroached even further and some plots on the new map are now partially or wholly inundated.
What is the law governing inundated private land; in other words, land which has become the sea? In many jurisdictions, the sea belongs to the state. This means inundated areas become state property. It is unclear what the law is in Hong Kong and there seems to be no precedent for a decision. The question that needs to be clarified in the present case is whether the owner of the inundated plots has lost the right to the land.
The land is apparently owned by a Japanese company called JHC Capital through its local arm, Asian Financial Asset Investment, although land registration has not yet been completed, indicating some uncertainties. Presumably, the owner will wish to develop the area once this inconvenient issue is settled, since the company's website promotes luxury villa development at Hoi Ha.
So, lots of money is involved. Once officials have sorted out which plots of land are inundated, the law can be applied. If the law needs to be clarified, surely it can be done so relatively quickly, and this will determine what should happen next.
Even if JHC Capital still has ownership rights, the question is whether it should be allowed to build houses at the edge of a marine park. The matter will go before the Town Planning Board, and if development is blocked, the company can presumably be compensated.
The government has a duty to protect the park, and this case has highlighted the need to redefine the boundaries of the park according to reality. Coastlines are dynamic environments and will change, thus redefinition shouldn't be seen as unacceptable.
Hoi Ha Wan Marine Park should encompass the sea and the intertidal zone, as well as the beach areas and the mangrove trees along the shoreline, which are not protected at present. The mangroves are an integral part of the ecosystem; they prevent further tidal erosion, act as a nursery for fish and provide a natural barrier between the village and the beach areas. Thus, this is a good time to tighten the Marine Park Ordinance to preserve important marine areas for future generations.
Lastly, it would be good to ban fishing in marine parks. The chief executive's latest policy address acknowledged that Hong Kong's marine environment has been affected by pollution and fishing, resulting in a declining quality of fish catches. He said marine resources and ecology needed to be protected and that the government would implement a 'basket of management measures'. He highlighted one popular measure - banning trawling in Hong Kong waters.
In a previous policy address, the cessation of fishing in marine parks was declared, but nothing appears to have been done yet. Get it done now - it's a no-brainer.
Christine Loh Kung-wai is chief executive of the think tank Civic Exchange
