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Following is a written reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Abraham Shek in the Legislative Council today (April 22):
Question:
The authorities have indicated that among the hill fires that broke out each year on days around Ching Ming Festival and Chung Yeung Festival, which are traditional days for ancestral worship, quite a number of them were caused by kindling materials left behind by grave sweepers after burning joss sticks and joss papers. In this connection, will the Government inform this Council:
(a) of the number of hill fires that broke out on days around Ching Ming Festival and Chung Yeung Festival in the past three years which were caused by the burning of joss sticks and joss papers by grave sweepers, as well as the area of vegetation destroyed and the time needed to restore the vegetation;
(b) of the number of prosecutions instituted in the past three years against people who had caused hill fires; whether the authorities have assessed the effectiveness of the relevant enforcement actions, and whether they will step up prosecution in this regard; if an assessment has been made and prosecution will be stepped up, of the details; if not, the reasons for that; and
(c) given the bitter lesson from the recent hill fires in Australia as well as the repeated occurrence of hill fires caused by human negligence in Hong Kong and the situation shows no sign of improvement, whether the authorities will consider amending the legislation to raise the relevant penalty so as to enhance the deterrent effect; if they will, of the details; if not, the reasons for that?
Reply:
President,
(a) The number of hill fires that broke out on days around Ching Ming and Chung Yeung Festivals from 2006 to 2008 and the area of vegetation affected are as follows:
2006 2007 2008
Ching Chung Ching Chung Ching Chung
Ming Yeung Ming Yeung Ming Yeung
No. of
hill fires 58 122 32 111 23 9
Area affected
(hectare) 38.19 747.19 15.23 163.48 24.13 0.56
We cannot ascertain whether all of these hill fires were caused by the burning of joss sticks and joss papers.
The vegetation destroyed by hill fires involves a wide variety of species and the growth rate of different species varies. Generally speaking, a destroyed grass slope can recover within a few months, but a destroyed scrubland will take years to restore.
(b) The Agriculture, Fisheries and Conservation Department (AFCD) will prosecute any person who has lit a fire illegally in the countryside in accordance with the Forests and Countryside Ordinance (Cap. 96) or the Country Parks and Special Areas Regulations (Cap. 208A). The prosecution figures from 2006 to 2008 are as follows:
2006 2007 2008
No. of cases prosecuted 16 9 12*
* including two cases which are pending trial
We attach great importance to the prevention of hill fires. Every year during the seasons with a high risk of hill fires, especially around the Ching Ming and Chung Yeung Festivals, various government departments make a concerted effort on the publicity, prevention and fighting of hill fires. The AFCD deploys additional enforcement staff to patrol burial grounds in the countryside and take immediate prosecution action against those who contravene the law. We will continue to, as we have been doing so before, assess and review from time to time the need for strengthening the enforcement action further.
(c) The maximum penalty under the Forests and Countryside Ordinance (Cap. 96) for illegal lighting of a fire in the countryside is a fine of $25,000 and one-year imprisonment, and that under the Country Parks and Special Areas Regulations (Cap. 208A) is a fine of $5,000 and one-year imprisonment. The Administration considers that these penalties already have deterrent effect and therefore do not need to be increased at this stage. As a matter of fact, notwithstanding the effects of weather conditions, the number of hill fires has been decreasing in recent years. The annual number of hill fires has dropped from about 3,300 in 1999 to about 1,200 in recent years, and that of hill fires in country parks has also dropped from nearly 200 in 1999 to around 40 in recent years. We will continue with civic education and publicity to increase public awareness of hill fire prevention, step up our efforts to prevent hill fires, and consider from time to time the need for reviewing penalties in the light of the circumstances.
Ends/Wednesday, April 22, 2009
Issued at HKT 13:02
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