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The falling tree on Robinson Road killed a pregnant woman last year. Photo: Sam Tsang

'Tree massacre' fears from experts as Hong Kong introduces tree handbook of rules for building managers

Government to give building owners more responsibility for trees, but expert renews call for a law and warns rules will mean trees are felled

Managers of private property will be given responsibility for ensuring trees are cared for when a new section is added to the Building Management Ordinance - but the government has poured yet more cold water on the idea of a tree law.

The move would compel building managers to refer to a new handbook issued by the Development Bureau outlining standards of good practice. The book highlights aspects of tree management and sets out the duty of care of tree owners, including engaging qualified professionals for tree works, mitigating risks, keeping inspection records, regular maintenance and appropriate planting.

One expert warned that the rules would not only be ineffective but spark a "tree massacre".

INTERACTIVE: Tracking the health of Hong Kong's trees

It comes about a year after a tree crashed down a private slope in Mid-Levels, killing a heavily pregnant woman. The incident revived a long-standing debate over whether a law was needed on the handling of trees on both public and private land.
Picture shows the trees were cut down on Friday night and the unannounced government move triggered protests over the weekend. The cutting down of trees on Bonham Road was like a "summary execution". Photo: Sam Tsang

While there would be no obligation on property managers to comply with the new handbook, it would make legal claims easier in the event of an accident. "If you don't follow the handbook, and something happens, it can be used against you in a court of law," said a bureau spokesman.

A paper will be tabled to the Legislative Council's development panel on Tuesday. The bureau hopes to publish the handbook for next year's wet season.

The bureau said it had reviewed overseas experiences and concluded "use of tree legislation in meeting tree management objectives may not be applicable to the situation in Hong Kong", but it would maintain an open view.

But University of Hong Kong tree expert Professor Jim Chi-yung, who has advocated a law for years, said using the ordinance to give owners responsibility was a "waste of time".

READ MORE: 'Tree daddy' riled over Hong Kong government's destruction of heritage trees

"Most private properties in Hong Kong are situated on old land leases with no tree protection clauses," he said. "Using the ordinance to make them manage trees will only spark a massacre of trees across Hong Kong."

The bureau's Tree Management Office, which steers policy for departments involved in managing trees, has also revised guidelines for risk assessment and management. This includes a hospital-style "triage" process to set priorities for high-risk trees.

And in light of a recent outcry over felling of stone wall trees, the office will require departments to conduct a "sensitivity analysis" before removing "potentially sensitive trees" in non-emergency situations. The bureau admitted information may not have been communicated effectively to the community in the past.

It stressed government departments would retain the final say on whether trees were felled.

This article appeared in the South China Morning Post print edition as: 'Massacre' warning over tree rules
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