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LCQ17: Combating illegal entry of Mainland fishing vessels into Hong Kong waters for fishing
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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 Albert Chan in the Legislative Council today (May 13):
 
Question:

     At the Council meeting on April 25, 2007, I asked a question on curbing the illegal entry of mainland fishermen into Hong Kong waters for fishing.  In reply, the Administration said that the government departments concerned would further strengthen the enforcement of the relevant legislation to prevent the illegal entry of fishing vessels from outside the territory for fishing, and would continue to combat such illegal activities.  Yet, recently I still received requests for assistance from quite a number of members of the public, who said that the problem of mainland fishing vessels making illegal entry into the waters off Tai A Chau and Siu A Chau for fishing was still serious.  In this connection, will the Government inform this Council:
 
(a) of last yearˇ¦s manning scale of Marine Police officers patrolling the waters south of Lantau (including the waters near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau);

(b) of the number of cases involving mainland fishing vessels suspected of illegal entry for fishing, and the respective numbers of cases in which the persons involved were prosecuted and convicted last year; and

(c) whether, apart from those law enforcement actions mentioned in its reply to the above question, the Government will consider curbing the illegal entry of mainland fishermen for fishing through increasing law enforcement resources, improving the prosecution mechanism and raising the penalty, so as to protect the interests of local fishermen and conserve the ecology of local waters; if it will, of the details of such measures; if not, the reasons for that?

Reply:

President,

(a) Since early 2008, the waters south of Lantau (covering the areas near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau) are patrolled daily on a 24-hour basis by two to three launches of the Marine Police, each manned by five to eleven officers.  The Police will deploy additional launches to patrol in the area having regard to the circumstances and operational needs.

(b) In 2008, the number of Mainland fishing vessels suspected of entering the territory illegally and the number of related prosecutions and convictions under the relevant statutory provisions are set out below ˇV

* In accordance with the Immigration Ordinance (Cap. 115), the Marine Police refused the entry of 274 Mainland fishing vessels and 761 Mainland fishermen onboard.  The Marine Police also intercepted 180 Mainland fishing vessels for illegal entry into Hong Kong waters and arrested 282 Mainland fishermen onboard.  These people were all illegal immigrants and were repatriated to the Mainland.

* The Agriculture, Fisheries and Conservation Department made successful prosecution under the Marine Parks and Marine Reserves Regulation (Cap. 476A) in five cases involving Mainland fishermen fishing illegally in marine parks in Hong Kong.  Five Mainland fishermen were convicted and were each fined $3,000.

* According to the record of the Agriculture, Fisheries and Conservation Department, no Mainland fisherman was prosecuted during the year for carrying out in Hong Kong destructive fishing practices that are prohibited under the Fisheries Protection Ordinance (Cap. 171).

* According to the record of the Marine Department, no Mainland fishing vessel was prosecuted during the year for unauthorised entry into Hong Kong waters under the Merchant Shipping (Local Vessels) (General) Regulation (Cap. 548F) or the Shipping and Port Control Regulations (Cap. 313A).

(c) The Administration considers that the existing statutory provisions can already effectively combat the illegal entry of Mainland fishing vessels into Hong Kong waters for fishing activities.  The departments concerned will continue to stringently enforce the law, flexibly deploy resources to step up patrol at sea depending on the circumstances, and carry out joint enforcement action where necessary.  The departments concerned will also enhance communication and co-operation with the Mainland law enforcement agencies to prevent the illegal entry of Mainland fishermen for fishing in Hong Kong waters, so as to safeguard the interests of local fishermen and conserve the marine ecology of Hong Kong waters.

Ends/Wednesday, May 13, 2009
Issued at HKT 17:25

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