The Country Parks Ordinance does not cover private sites that are inside country parks, the government said yesterday.
And excavation work at these sites does not contravene the law as it can be seen as an agricultural activity.
Both the Lands Department and the Agriculture, Fisheries and Conservation Department said the government can stop owners from building houses on private sites in country parks but they can't stop preparation work, including clearing trees and excavation.
The departments were responding to inquiries by the Post on whether excavation work at a private site in Sam Tam Lo, that led to pollution of scenic Bride's Pool in Plover Cove Country park last week, was illegal.
The site's owner, Albert Leung Sai-on, said he was planning to build a HK$200 million park within a park, including the 'reconstruction' of 11 old village houses.
A spokeswoman for the AFCD said the Country Parks Ordinance does not apply to private sites in country parks as the government has to respect private property. 'Owners can do what they want as long as the activities do not violate land lease conditions,' she said.
Workers at the site were prosecuted for felling 13 trees in April because the trees were on government land, she said.
