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    Following is a question by the Hon Sin  Chung-kai  and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (March 9) :

Question:

    It has been reported that as the Mainland customs authorities have recently prohibited the import of electronic waste, an increasing amount of such waste has been trans-shipped to Hong Kong for processing, resulting in several pieces of land in the New Territories being used for their storage.  In this connection, will the Government inform this Council :

(a) of the respective amounts of electronic waste imported into and trans-shipped via Hong Kong, the top three import sources and export destinations in terms of quantities, and how the waste importers concerned dealt with the waste over the past three years;

(b) whether it has drawn up guidelines to regulate the importers concerned in handling electronic waste; if it has, of the effectiveness of these guidelines; if not, the reasons for that and whether the authorities will consider drawing up such guidelines;

(c) of the measures to monitor the facilities of electronic waste sites to ensure their compliance with the relevant requirements of the Environmental Protection Department, in order to prevent toxic electronic waste from polluting the environment and posing safety hazards to workers in those sites; and

(d) whether it will formulate a comprehensive policy to tackle the problem of electronic waste, such as making reference to the Waste Electrical and Electronic Equipment Directive and the Restriction of Hazardous Substances in Electrical and Electronic Equipment Directive formulated by the European Union, which will come into effect in August this year and July next year respectively, to legislate against the use of toxic materials by manufacturers in the production of electronic devices in order to avoid environmental pollution caused by discarded electronic devices containing toxic materials?

Reply:

Madam President,

(a) Electronic waste (e-waste) containing or contaminated by hazardous substances is subject to control under the Waste Disposal Ordinance (WDO).  In the past three years, the Environmental Protection Department (EPD) did not issue any permits for the import and export of e-waste containing or contaminated by hazardous substances.  The import and export of non-hazardous e-waste for the purpose of recycling do not require a permit issued by EPD while the import and export of second-hand electrical appliances are not subject to control under the WDO.  As such, information on the import and transshipment of these types of e-waste is not available.

(b)   Under the WDO, a permit issued by EPD is required for the import and export of any kind of waste, unless the waste is a type of waste specified in the Sixth Schedule, and that the waste is uncontaminated, non-hazardous and is imported for the purpose of recycling.  The import of any hazardous e-waste (such as cathode ray tube display units) for dismantling or disposal in Hong Kong also requires a permit.  In November 2004, EPD issued a set of guidelines on the control of the import and export of second-hand electrical and electronic equipment and hazardous e-waste for reference by the industry.  Regarding the control of e-waste that falls within the definition of chemical waste, EPD has published a series of guidelines on the requirements of the WDO and the Waste Disposal (Chemical Waste) (General) Regulation to facilitate compliance by waste producers, collectors and disposal facilities.  The guidelines, which have achieved good effects, include :

(a) A Guide to the Chemical Waste Control Scheme, which introduces and explains the legislative controls on the management of chemical waste in Hong Kong applicable to the production, storage, collection, transport and disposal of chemical waste;

(b) Code of Practice on the Packaging, Labeling and Storage of Chemical Wastes;

(c) A Guide to the Registration of Chemical Waste Producers, which provides guidance on the identification of activities that produce chemical waste and compliance with the registration requirements.

(d) Dust, noise, wastewater and waste generated by e-waste workshops are subject to control under the Air Pollution Control Ordinance, Noise Control Ordinance, Water Pollution Control Ordinance, WDO and their subsidiary regulations respectively.  Furthermore, any workshop dismantling e-waste classified as chemical waste (such as cathode ray tube display units) must obtain a licence.  The design and operation of the workshop must comply with stringent environmental requirements.  The operator is required to submit an operational plan laying out the details on operating procedures, techniques, facilities, managing staff, environmental and safety standards etc. for approval.  The workshop is required to pass operating tests before the license is issued.  Apart from regularly inspecting licensed facilities, EPD also requires licence holders to submit reports in accordance with the licensing conditions to ensure that the operation of the workshops is up to standard.  A person who manages chemical waste without a licence is liable, for the first offence, to a fine of $200,000 and imprisonment for six months and, for a second or subsequent offence, to a fine of $500,000 and imprisonment for six months.

(e) The Waste Electrical and Electronic Equipment Directive mainly requires the producers of electrical and electronic equipment imported into the Member States of the European Union to meet most of the costs of collecting, treating, recovering and disposing of their products put on the market after August 2005.  For products put on the market before August 2005, the producers are required to share the responsibility for the collection, treatment, recovery and disposal of such products in proportion to their respective share of the market.  This requirement shares the spirit of Product Responsibility Scheme (PRS).  We are studying the feasibility of introducing a PRS for electronic and electrical equipment with a view to reducing waste and promoting waste recovery in Hong Kong.  Under the proposed scheme, producers, importers, retailers and consumers are required to share the responsibility for properly managing their products at the post-consumption stage.  In early 2005, EPD began a study on the introduction of PRS for different types of waste electrical and electronic equipment.  This study comprehensively evaluates the cost-effectiveness of various options, the impacts on the trade and the stakeholders etc., and draws on overseas experience in the management of such waste equipment so as to identify feasible options for extensive consultation in due course.

    The Restriction of Hazardous Substances in Electrical and Electronic Equipment Directive requires the producers of electrical and electronic equipment to ensure the products they place on the market from July 1, 2006 do not contain such hazardous substances as lead, mercury and cadmium unless the elimination or substitution of the substance is technically or scientifically impracticable.  The EPD will continue to monitor the trend of policy development in this aspect among the international community in order to consider the need for introducing similar regulations in Hong Kong.

Ends/Wednesday, March 9, 2005

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