Hong Kong is renowned for its sturdy rule of law and the strength of its judicial system, and rightly so. It is a source of the territory's competitive advantage that our laws apply equally to all people, rich or poor. But not all our laws work as well as they should - and that's especially true when it comes to environmental protection. While there are fines of up to HK$5 million for trading in endangered species, denigration and destruction of land and vegetation attracts paltry penalties. It is clear that we need to review this policy.
There was much applause, at least from prosecutors, last week following the sentencing of a developer for dumping waste on private land in the New Territories. Man Chun-shing was the first person prosecuted for dumping construction waste, an increasingly prevalent problem in the area. His was only the third conviction under the Town Planning Ordinance. That sounds like a real achievement, until we notice that he was fined only HK$35,000 and given an eight-month suspended sentence. Penalties are supposed to be a deterrent. They should be set at levels that are sufficiently high as to make potential offenders think twice. Our natural surroundings are important to our well-being; anyone who knowingly damages them should be punished. Unfortunately, the fines and sentences outlined in the various protective ordinances are so outdated that they are of little consequence to offenders.
That's not to say that we have little regard for our environment. The government has had protective policies in place for decades. Our country parks, which cover 70 per cent of the land area, are, along with Victoria Harbour, our most cherished asset. The outrage this month of lawmakers at a move by authorities to extend the Tseung Kwan O landfill into the Clear Water Bay Country Park amply showed the extent of the passion.
The feelings are reflected by law. They have strengthened in tandem with the growth of the international environmental movement. Amid the climate change debate of the past decade and a half, awareness of the need to preserve our environment has become acute. Therein lies the problem - Hong Kong's government has not kept pace with shifting attitudes.
We've got a slow legislative process and cumbersome administrative system to blame. Tree preservation, for example, is handled by a dozen government departments and bureaus. They jealously protect their turf. The fine for illegally cutting down a tree in a country park hasn't changed for decades and is a mere HK$5,000. Little can be done about protecting greenery on private land.
The result is last week's sentence, an inconsequential deterrent for a developer. Considerably more shocking was the HK$7,500 fine handed to a man caught for excavating slopes, building a road, felling trees and blocking a stream with a concrete bridge in Lo Lau Uk, Tai Po, two years ago. The maximum penalty is just HK$10,000 and six months' jail. It cost HK$374,119 to repair the damage and although the convicted offender has been ordered to pay it back, not even a cent has so far been received.
