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Following is a question by the Hon Frederick Fung and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (January 26):

Question:

It has been reported that in recent years many boats carried passengers illegally in Hoi Ha Wan Marine Park for activities of a commercial nature (such as coral appreciation tour groups). In this connection, will the Government inform this Council:

(a) of the number of applications for permits to undertake commercial activities in this marine park in each of the past five years, and the number of successful applications;

(b) of the respective numbers of prosecutions and successful prosecutions instituted by the authorities under the Shipping and Port Control Ordinance against the owners of the boats used to carry passengers for illegal commercial activities in the park, in each of the past five years;

(c) whether there are measures to combat such illegal activities at present; if so, of the details and effectiveness of the measures; and

(d) whether it has assessed the impact of such illegal activities on the ecology of the park; if so, of the details and results of the assessment?

Reply:

Madam President,

(a) In the past five years, the Agriculture, Fisheries and Conservation Department (AFCD) has not received any application for conducting activities of a commercial nature (including coral viewing activities) in the Hoi Ha Wan Marine Park (the Marine Park).

(b) The Marine Department (MD) is responsible for the enforcement of the Shipping and Port Control Ordinance (the Ordinance). According to the MD, five boat owners were successfully prosecuted in 2003 for carrying passengers in excess of their carrying capacities in the Marine Park. And the owner of a pleasure vessel for hire was successfully prosecuted in 2004 for failing to notify the Director of Marine within 72 hours of entering into a charter agreement.

AFCD launched a joint operation with MD and the Marine Police in September 2003. Subsequently, MD successfully prosecuted three boat owners for engaging in illegal commercial activities under the Ordinance.

(c) The Marine Park is patrolled by staff of AFCD daily. The Department will initiate prosecution when there is sufficient evidence to suggest that someone is engaged in illegal commercial activities. However, to prove illegal commercial activities, evidence regarding money transactions is needed and such evidence is not always easy to collect.

(d) AFCD conducts underwater surveillance on coral colonies regularly. Some corals were damaged by a large ship in May 2004. But ever since large ships were banned from the coral areas of the Marine Park, no similar incident has occurred. Surveillance results also indicate that the coral colonies have not been damaged by coral viewing activities on small boats.

Ends/Wednesday, January 26, 2005

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