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Following is a question by the Hon Claudia Mo and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (July 2):
Question:
Aquilaria sinensis (incense tree) is an endangered plant species protected under the Protection of Endangered Species of Animals and Plants Ordinance (Cap 586). Incense tree is said to be the origin of the name "Hong Kong" (which means "fragrant port"), but some green groups have alleged that over the years, the Government has not endeavoured to protect incense trees, a symbol of Hong Kong. For instance, while 168 incense trees were illegally felled in Hong Kong last year, 219 have already been felled illegally in the first five months of this year, and the situation is deteriorating. They have pointed out that if the Government continues to ignore this problem, it is very likely that incense trees will become extinct in a few years. In this connection, will the Government inform this Council:
(1) given that at a meeting with some incense tree concern groups and myself on June 3 this year, officials of the Environment Bureau undertook that they would consider studying the inclusion of incense tree in the Forestry Regulation (Cap 96 sub. leg. A) to prohibit any person from selling, offering for sale, or having in his possession or under his custody or control incense trees or any portion of it, whether the authorities have initiated any follow-up action in this regard; if they have, of the details, and whether they have set a legislative timetable; if they have no follow-up action, the reasons for that, and when the legislative exercise is expected to commence;
(2) as it has been reported that most of the people engaged in illegal tree-felling activities came from the Mainland, and the hewing tools in their possession, e.g. axes and electric saws, could be used as weapons which posed threats to the personal safety of Hong Kong people, whether the Police have investigated if such tree-felling activities were organised by crime syndicates; if they have, of the details; if not, when they will commence such investigation;
(3) of the details of the authorities' patrols in forests at present, and list by location of forest the responsible government departments, the number of patrol staff and the frequency of such patrols; whether the authorities will step up law enforcement actions to protect incense trees, such as stepping up patrols or fencing off lands planted with incense trees;
(4) as some green groups have relayed that many incense trees in Tai Po Kau Nature Reserve have been felled in recent years, whether the authorities will step up patrols in that Reserve;
(5) of the number and details of cases of smuggling of incense trees which were intercepted by the Police and the Customs and Excise Department in the past three years; whether it has plans to step up efforts in combating the smuggling of incense trees;
(6) of the numbers of reports received and prosecutions instituted by the authorities in each of the past five years in respect of illegal felling of protected trees (with a breakdown by species and age of tree); the punishment imposed on the convicted persons in general, with a breakdown of the number of such persons by their nationality; and
(7) as some green groups have pointed out that the Taiwanese Government has installed infrared detection systems in nature reserves to curb illegal tree-felling in order to protect precious trees in the territory, whether the authorities will adopt a similar practice to protect the incense trees in Hong Kong?
Reply:
President,
Our reply to the Hon Mo's question is as follows:
(1) The Environment Bureau and the Agriculture, Fisheries and Conservation Department (AFCD) regularly reviews the Forests and Countryside Ordinance (Cap 96), including types of trees governed by the said Ordinance. However, in respect of the conservation of wild Aquilaria sinensis (incense tree), the current priority is to combat illegal tree felling. The AFCD and the Police have always been very concerned about illegal tree felling activities and are committed to combating such illegal activities with joint efforts.
Under the Forests and Countryside Ordinance, any person who unlawfully fells or destroys any trees or growing plants on Government land is liable to a fine and imprisonment. Depending on the circumstances of individual cases, the Police may initiate prosecutions under the Theft Ordinance (Cap 210), which imposes a heavier penalty. Any person arrested and charged with theft is liable to a maximum penalty of imprisonment for ten years.
As shown in the past cases, the stolen incense trees were mainly sold outside Hong Kong. Some concern groups propose the inclusion of incense tree in the Forestry Regulations (Cap. 96, sub. leg. A) to prohibit any person from selling, offering for sale, or having in his possession or under his custody or controlling incense tree or any portion of it. However, it is not the foremost task to address the current problem.
(2) and (3) The AFCD has been conducting regular patrols in country parks and special areas, including night patrols and joint operations with the Police from time to time at black-spots of illegal tree felling. As incense trees are commonly found in woodland and widely distributed in countryside areas throughout Hong Kong, it is not feasible to fence off and protect each and every incense tree. Also, tree roots may be damaged and distribution of incense tree may be exposed when the fencing work is taking place. As with the Police Force, it has stepped up patrols at relevant black-spots by deploying officers including the rural patrol team, as well as strengthened its communication with the villagers to collect intelligence on illegal tree felling and suspicious persons nearby. If any person is found to be in possession of axes and electric saws for use as weapons, depending on the circumstances, the Police will conduct investigation under the offence of possession of offensive weapon.
(4) The AFCD is very concerned about the felling of incense tree in the Tai Po Kau Nature Reserve and has stepped up patrols at targeted sites, including day and night patrols, and worked closely with the Police with a view to curbing illegal felling activities. The Police has also stepped up patrols near the Tai Po Kau Nature Reserve.
(5) Regarding the work in combating smuggling activities, the AFCD and the Customs and Excise Department (C&ED) have been working closely to combat smuggling of endangered species (including valuable trees such as incense tree) under the Protection of Endangered Species of Animals and Plants Ordinance (Cap 586). Between January 2011 and April 2014, 21 cases involving incense tree were detected by the C&ED at various control points. Among them, there were two cases involving smuggling agarwood from Hong Kong to the Mainland. The AFCD has verified that the native incense tree was not involved in the said two cases. In addition, in June 2014 the Marine Police intercepted a locally registered vessel which was suspected of exporting illegally-felled incense trees. Six persons concerned with the case were arrested and 76 kg incense wood was recovered. The case is still under investigation.
(6) Currently, offenders suspected of involving in illegal felling of incense tree and Podocarpus macrophyllus (Buddhist pines) were mainly prosecuted for criminal offences on theft, criminal damage, possession of offensive weapon, going equipped for stealing, etc. The number of incense tree and Buddhist pines cases and prosecutions handled by the Police under the above-mentioned offences in the recent five years (2009-2013) are set out at Annex I and II respectively. The Police do not maintain statistical data on the age of trees nor the nationalities of the persons involved.
Under the Forests and Countryside Ordinance (Cap. 96), no person shall fell or destroy any trees or growing plants on Government land without permission. The number of investigation cases and enforcement operations conducted by the AFCD under the said Ordinance over the past five years are set out at Annex III, mainly involving common plants, such as Dimocarpus longan (Longan), Litchi chinensis (Lychee), Cinnamomum camphora (Camphor tree), Ficus microcarpa (Banyan) and Sterculia lanceolata (Scarlet Sterculia). There is no statistical data on the age of trees.
(7) There were proposals in the past that CCTV should be installed at places where incense trees were found so as to strengthen monitoring and protection of such plant. According to our understanding, in other places, monitoring cameras are installed at the major access of some protected areas to detect access flow of people and to prevent theft and hunting cases. This measure is more suitable to be taken at places with restricted and conspicuous major access. Given that incense trees are widely distributed in countryside areas throughout Hong Kong, installation of such monitoring systems may not be effective in preventing illegal felling activities. Furthermore, substantial resources have to be put in place in this regard. To combat illegal tree felling activities, cooperation of the residents living in the vicinity is required. Any person who finds illegal tree felling activities should inform the Police and the relevant government departments as soon as possible, so that timely enforcement actions can be taken.
Ends/Wednesday, July 2, 2014
Issued at HKT 14:46
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