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    Following is a question by the Hon Martin Lee and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (June 8):

Question:

    In view of the recent grave public concern about the possible impact and harm caused by electronic wastes to the environment and public health, will the Government inform this Council of:

(a)  the definition of electronic wastes; whether it has assessed if the existing legislation regulating the import/export and disposal of electronic wastes is adequate and effective; if it has, of the assessment results; if the existing legislation is assessed to be inadequate and ineffective, whether it will consider formulating a long term policy on the disposal of electronic wastes, amending the existing legislation to deal with its loopholes and inadequacy, and strengthening the co-ordination of the efforts of various law enforcement agencies; and

(b)  how obsolete computers in government departments were disposed of in the past, and whether any internal guidelines have been drawn up in this regard; if so, whether it has assessed if such guidelines comply with the principles of environmental protection; if it has, of the assessment results, and whether there is an independent body responsible for overseeing the implementation of the guidelines by government departments?

Reply:

Madam President,

(a)  There is no common definition of waste internationally. Generally speaking, electronic waste refers to abandoned electrical appliances for household and commercial and industrial purpose. Some electronic waste contains hazardous parts (e.g., cathode ray tube) or hazardous substances (e.g., cadmium, mercury, and lead). Its import and export are subject to the control of Waste Disposal Ordinance. The Ordinance is enforced by the Environmental Protection Department (EPD). In principle, a permit is required for the import and export of waste unless for the purpose of reuse or recycling. A permit or licence is required for the import, export and handling of electronic waste.

    Under the Waste Disposal Ordinance (WDO), e-waste containing or contaminated by hazardous substances is regarded as hazardous. Schedule 7 of the WDO lists various common types of hazardous e-waste, including cathode ray tubes in computer monitors and television sets, abandoned components containing mercury, lead, nickel or other toxic heavy metals. The import or export of such waste requires a permit. A permit issued by the EPD is required for the import and export of e-waste. Any person who imports or exports e-waste without a permit commits an offence and is liable to a fine of $200,000 and six months' imprisonment for the first offence and a fine of $500,000 and two years' imprisonment for a second or subsequent offence. Illegally imported waste will be returned to their place of origin.

    In 2004, the joint operations by the EPD and Customs & Excise Department against the import of hazardous e-waste resulted in a total of 83 consignments (involving about 1 500 tonnes of hazardous e-waste) being intercepted. The EPD served 52 summonses on the importers concerned and most of the illegally imported waste has been returned to their place of origin for proper disposal in accordance with the Basel Convention.

    Apart from the above control on import and export, the EPD also monitor the operation of electronic waste workshops. The dust, noise, wastewater and waste generated by these workshops are regulated by the Air Pollution Ordinance, Noise Control Ordinance, Water Pollution Control Ordinance and Waste Disposal Ordinance and their subsidiary legislation.

    Any workshop that dismantles e-waste classified as chemical waste (such as the cathode ray tubes in television sets) is required to obtain a licence. In 2004, the EPD found three operating electronic waste workshops that violated the law. Seven prosecutions were made under the Waste Disposal (Chemical Waste) (General) Regulation.

    The EPD began a study in March 2005 on the introduction of a Product Responsibility Scheme (PRS) for various waste electrical and electronic appliances. Under the PRS, the producers, importers, retailers and consumers should share the responsibility for the proper handling of products at the post-consumption stage, with a view to reducing waste and raising the recovery rate. Drawing on overseas experience, we are conducting a comprehensive evaluation of the cost-effectiveness of various options, the impacts on the industry and stakeholders and other factors. We will consult the public on the scheme in due course.

(b)  All Government bureaux and departments are required to follow Chapter XI of the Stores and Procurement Regulations of the HKSAR Government for the disposal of old computer equipment which have become surplus to their requirements. The Government encourages the reuse and/or recycle of these products by the following ways-

(i)   seek possible utilisation within the Government;

(ii)  arrange donation to organisations solely or principally for educational, scientific, cultural or charitable purpose;

(iii) arrange trade-in by contractors; and

(iv)  arrange commercial disposal by public tender or auction.

    The Government Logistics Department conducts regular checkings and surveys to ensure that the disposal arrangements of old computer equipment by all Government bureaux and departments are in line with the provisions of the Stores and Procurement Regulations.

Ends/Wednesday, June 8, 2005

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