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Following is a question by the Hon Albert Chan and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (April 27):
Question:
In reply to my question raised at the Legislative Council meeting of May 13, 2009 in respect of curbing Mainland fishing vessels illegally entering and fishing in Hong Kong waters, the Government indicated that the existing legislation had been effective in combating the illegal fishing activities concerned, and that the departments concerned would continue to enforce the law stringently as well as enhance their communication and co-operation with the Mainland authorities so as to combat such illegal activities. However, I have recently received complaints from quite a number of members of the public, claiming that the situation of Mainland fishing vessels entering and fishing illegally in Hong Kong waters (particularly the waters south of Lantau) remains serious and has been deteriorating in recent years. In this connection, will the Government inform this Council:
(1) of last year's manning scale of Marine Police officers patrolling the waters south of Lantau (covering the waters near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau);
(2) of the number of Mainland fishing vessels intercepted for suspected illegal fishing and the number of Mainland fishermen involved, as well as the respective numbers of persons prosecuted and convicted for illegal fishing, in each of the past seven years; and
(3) whether the authorities have, since 2009, allocated more resources than before for combating the aforesaid illegal fishing activities; if they have, of the details; if not, the reasons for that; whether they will consider allocating additional resources for law enforcement, improving the existing prosecution mechanism, raising the relevant penalties, or taking other measures, so as to further curb such activities, thereby safeguarding the rights and interests of local fishermen, and conserving Hong Kong's marine ecosystem; if they will, of the details; if not, the reasons for that?
Reply:
President,
Having consulted the relevant bureaux and departments, I set out below my reply to Hon Chan's question:
(1) Since early 2008, the waters south of Lantau (covering the areas near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau) have been patrolled daily on a 24-hour basis by two to three launches of the Marine Police, each manned by five to 19 officers. The Police will deploy additional launches to patrol in the area having regard to the circumstances and operational needs.
(2) From 2009 to 2015, the number of Mainland fishing vessels suspected of illegal entry and the number of related prosecutions and convictions under the relevant statutory provisions are set out below:
* In accordance with the Immigration Ordinance (Cap 115), the Marine Police refused the entry of 293 Mainland fishing vessels and a total of 871 crew members. The Marine Police also intercepted 768 Mainland fishing vessels for illegal entry into Hong Kong waters and arrested 2 499 Mainland fishermen onboard. These people were all illegal immigrants and were repatriated to the Mainland.
* The Agriculture, Fisheries and Conservation Department successfully made prosecution under the Marine Parks and Marine Reserves Regulation (Cap 476A) in 22 cases involving Mainland fishermen for illegal operations in marine parks in Hong Kong. Fifteen Mainland fishermen were sentenced to imprisonment from seven days to one month, suspended for one year, and seven others were fined ranging from $700 to $1,600.
* The Agriculture, Fisheries and Conservation Department successfully made prosecution under the Fisheries Protection Ordinance (Cap 171) in 22 cases involving 36 Mainland fishermen for illegal fishing activities in Hong Kong with the use or aid of vessels. Of the convicted Mainland fishermen, 13 were fined ranging from $200 to $10,000, and another 23 were sentenced to imprisonment from one day to one month (some of whom were given suspended sentences).
* The Marine Department prosecuted three Mainland fishing vessels under the Shipping and Port Control Regulations (Cap 313A) for unauthorised entry into Hong Kong waters. The three coxswains involved were convicted and fined $800 to $1,000 each. No Mainland fishing vessel was prosecuted during the period under the Merchant Shipping (Local Vessels) (General) Regulation (Cap 548F) for unauthorised entry into Hong Kong waters.
(3) The Government considers that the existing statutory provisions are already effective in combating the illegal entry of Mainland fishing vessels into Hong Kong waters for fishing activities, and that the penalties imposed by the court provide certain deterrent. The departments concerned have been flexibly deploying resources to step up patrol at sea having regard to the circumstances, and carry out joint enforcement actions where necessary. Such departments will continue to stringently enforce the law, and enhance communication and co-operation with Mainland law enforcement agencies to curb the illegal entry of Mainland fishermen as well as their fishing activities in Hong Kong waters, so as to safeguard the interests of local fishermen and conserve the marine ecology of Hong Kong waters.
Ends/Wednesday, April 27, 2016
Issued at HKT 15:41
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