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LCQ16: Law enforcement actions against illegal fishing
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     Following is a question by the Hon Chan Pok-chi and a written reply by the Secretary for Environment and Ecology, Mr Tse Chin-wan, in the Legislative Council today (May 13):
  
Question:

     Given that some local fishermen have relayed that some people have been engaging in illegal fishing within Hong Kong waters from time to time by using means forbidden by the law, and there have been repeated incidents of near-collisions involving fishing vessels. Such activities not only affect maritime safety, but also damage Hong Kong's fisheries resources and marine ecosystem, and affect the livelihood of local fishermen in the long run. In this connection, will the Government inform this Council:

(1) of the number of joint operations conducted by the Marine Police, the Marine Department, and the Agriculture, Fisheries and Conservation Department against illegal fishing activities, the patrol hours, the number of vessels intercepted, as well as the figures for prosecutions and convictions from January to April this year, with a breakdown by district (e.g. Lamma Island, Cheung Chau and Soko Islands) and by month; whether the authorities will consider studying the regularisation of the current mode of interdepartmental collaboration in combating illegal fishing, and setting up a dedicated co-ordination mechanism;

(2) in view of the problems such as frequent illegal fishing activities during night time and dusk hours, difficulties in gathering evidence and insufficient speed of patrol vessels, whether the authorities will consider studying the deployment of additional enforcement manpower at night, enhancing the performance of patrol vessels and optimising patrol routes, with priority coverage of blackspots of illegal fishing activities;

(3) whether the authorities will consider conducting a comprehensive review of the penalties under the Fisheries Protection Ordinance (Cap. 171) (e.g. raising the maximum fine, increasing the term of imprisonment and reducing the applicability of suspended sentences), so as to enhance the deterrent effect;

(4) regarding illegal fishing activities involving "three-no" vessels, which have no name and number, no home port and no certification, whether the authorities will study strengthening the mechanisms for confiscation, destruction and prosecution of vessels, so as to eradicate repeat offences;

(5) whether the authorities will actively adopt technological means such as drones, night vision equipment, electronic fences and dye tracing for remote evidence collection, monitoring and source tracing in key waters, so as to reduce the risks faced by law enforcement officers and enhance enforcement effectiveness; and

(6) whether the authorities will consider enhancing the reporting mechanism against illegal fishing, so that cases reported by fishermen and members of the public can be promptly referred to law enforcement officers for follow-up, thereby enhancing the immediate response capability of the relevant departments?

Reply:

President,

     The reply to the question raised by the Hon Chan Pok-chi is as follows:

(1) The Agriculture, Fisheries and Conservation Department (AFCD) is committed to combatting illegal fishing activities in Hong Kong waters. The AFCD has set up a dedicated sea enforcement team and conducts joint enforcement operations from time to time with the Marine Region of the Hong Kong Police Force (Marine Police) and the Marine Department (MD). To strengthen enforcement efforts in co-ordinating joint operations, the Security Bureau, the AFCD, the Marine Police, the MD and the Immigration Department have set up an Interdepartmental Task Force on Illegal Fishing since April 2026, enhancing intelligence sharing and application of technology.

     The numbers of joint operations, patrols conducted, vessels intercepted, prosecutions instituted and convictions against illegal fishing from January to April 2026 are set out at Annex. The AFCD does not keep a breakdown of the patrol hours.

(2) By adopting a risk-based approach, and with the intelligence collected (including information provided by local fishermen, members of the public and Mainland law enforcement authorities), the AFCD's enforcement team deploys resources flexibly and makes use of technology as appropriate to conduct round-the-clock and irregular patrols in local waters, and continuously optimises patrol routes to conduct targeted operations at illegal fishing black spots, with a view to ensuring that enforcement operations are precise and effective.

(3) The Fisheries Protection Ordinance (Cap. 171) regulates against illegal fishing activities, including the use of unregistered vessels for fishing and the use of prohibited fishing gear. Offenders are liable to a maximum fine of $200,000 and imprisonment for six months upon conviction depending on the contravention. In addition, the Marine Parks Ordinance (Cap. 476) regulates against illegal fishing activities in marine parks and marine reserve. Offenders are liable to a maximum fine of $25,000 and imprisonment for one year upon conviction. Over the past three years, there were a total of 39 convicted cases of illegal fishing, among which the highest penalties imposed by the court were a fine of $20,000 or imprisonment for two months. The court also confiscated fishing gears involved in the cases.

     The maximum penalties under the prevailing legislations have certain deterrent effect. The Government will continue, under the interdepartmental task force mechanism, to deepen intelligence-led approaches and application of technology, with a view to improving enforcement effectiveness.

(4) During patrols, if a vessel operating in Hong Kong waters is found without ship's name, port of registry, and ship's certificate(s), the MD will initiate prosecution against the owner and master of the vessel for entering Hong Kong waters without permission under the Shipping and Port Control Regulations (Cap. 313A), with a maximum fine of $50,000. The MD will also notify the AFCD if such vessel engages in illegal fishing activities.

     Regardless of vessel type, the AFCD will take stringent enforcement actions against any involvement in illegal fishing. If such vessels are found to have contravened marine legislations such as covering the licence number, the AFCD will refer the cases to the MD for follow-up according to the established mechanism.

(5) The AFCD has been proactively leveraging technology to facilitate evidence collection and enforcement. This includes the adoption of real-time automatic identification system and radar signal system to identify vessels engaged in illegal fishing and to track their navigation history, positions, and numbers. The AFCD also utilises video-analytics technology and AI for real-time monitoring of vessels within marine parks, thereby strengthening surveillance and facilitating evidence collection. Furthermore, the AFCD is participating in a pilot project under the Low-altitude Economy Regulatory Sandbox, in which, unmanned aircrafts will be used to enhance the efficiency of intelligence gathering, and the application of AI to analyse satellite data and footage from unmanned aircraft will be explored to strengthen the tracking and forecasting of the navigation directions of vessels engaged in illegal fishing.

     As to whether dye tracing and technologies such as night vision equipment and geofencing will be applied to assist in tracking and investigation, the AFCD will assess their operational efficacy in facilitating evidence collection and enforcement in the light of the operating environment and needs, and consider introducing them at an appropriate juncture.

(6) The AFCD has established multiple channels for receiving reports, including working closely with fishermen organisations to collect real-time intelligence through their maritime networks; receiving reports on suspected illegal fishing from the public via the illegal fishing reporting hotline or the Government's "1823" 24-hour one-stop platform; and conducting real-time information exchanges and intelligence sharing with the Guangdong Provincial Marine Comprehensive Law Enforcement General Brigade and its law enforcement teams. Upon receiving reports and verifying the information, the AFCD will promptly follow up the cases and deploy targeted enforcement actions. In cases of alleged illegal fishing involving vessels suspected to be from the Mainland, the AFCD will pass its information to the Mainland enforcement authorities for follow-up.
 
Ends/Wednesday, May 13, 2026
Issued at HKT 12:51
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Annex