Following is a question by the Hon Wong Kwok-hing and an oral reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, in the Legislative Council meeting today (March 2) :-
Question:
Earlier, a branch of the Wishing Tree in Lam Tsuen, Tai Po snapped off because too many incense papers with tangerines were thrown onto the tree. It has been reported that the tree has only 30% of its vitality. Moreover, there are often reports that improper care, trimming and relocation have adversely affected the growth of trees and, in some cases, even led to their death. In this connection, will the Government inform this Council:
(a) of the differences between the protection and conservation measures adopted for trees on the register of old and valuable trees and those for other trees, and the number of trees on the above register which have been felled since the compilation of the register and the reasons for their felling;
(b) whether it will enact legislation for the protection of trees; if not, the reasons for that; and
(c) whether it will set up a dedicated department to protect and conserve trees in the territory, as the work currently shared among a number of government departments, with a view to stepping up efforts of greening promotion as well as carrying out the tree protection and conservation work and the relevant law enforcement actions more effectively?
Reply:
Madam President,
(a) Planting of trees and vegetations not only improve the living environment but also reduce greenhouse gas emissions, and hence global warming. In order to achieve this common objective, different government departments have all along been protecting and nurturing plants and trees within their respective purviews. The Register of Old and Valuable Trees compiled by the Government currently lists 527 trees on government land for priority protection. Details of the species, locations and the maintenance parties of the trees are available on the website of the Leisure and Cultural Services Department (LCSD). These trees are mainly located in the metro and new town areas. About 60% of them are Fig, while other major species include Camphor and Paper Bark.
The Government has already put in place a series of administrative and legislative measures to protect the trees in Hong Kong. Under normal circumstances, tree felling or transplanting are not allowed unless with the prior approval of the Lands Department (LandsD). However, felling or transplanting a tree on the Register (or "registered tree") is strictly prohibited unless with special reasons and the approval from both the LandsD and the Environment, Transport and Works Bureau (ETWB). In addition, the area surrounding a registered tree is designated as a tree protection zone, in which construction works cannot be carried out without the prior approval of the LandsD. If a registered tree exists on a piece of government land to be leased to a private developer, the LandsD will include appropriate clauses in the lease to stipulate that the tree protection zone is reserved for the preservation and growth of the registered tree and should not be used for any other purposes without the prior approval of the LandsD.
The tree maintenance departments conduct regular inspections to monitor the condition of the registered trees for which they are responsible. Moreover, the LCSD and the Agriculture, Fisheries and Conservation Department (AFCD) conduct regular audit inspections to appraise the condition of the registered trees and advise the tree maintenance departments on any follow-up action required.
Since the compilation of the Register, all registered trees are in good condition and none have been felled.
(b) There are a number of ordinances providing for the protection of trees on government land, including the Forests and Countryside Ordinance, Country Parks Ordinance, Crimes Ordinance and Public Health and Municipal Services Ordinance. These ordinances can protect the trees in public places and country parks from being damaged or felled.
In addition, the Government has implemented a host of administrative measures to protect the trees on government land. For instance, both the ETWB and the LandsD have issued technical circulars and guidelines which set out clearly the regulations and codes of practice to be followed in order to ensure that trees will not be unnecessarily felled. If felling or transplanting of trees in public works projects are involved, the works department concerned is required to provide information on tree protection in its submission to the Public Works Subcommittee when seeking funding approval from the Legislative Council. We have also introduced more stringent contract terms since June last year on protection of trees within the sites of public works projects. For example, before the commencement of construction works, the contractor of a project is required to carry out a tree survey to identify the number, condition and species of existing trees, and implement protective measures. The contractor is also required to submit monitoring reports regularly on the condition of the trees.
Regarding private land, tree preservation clauses have already been included in all land leases since the 1970s. In general, felling of trees on private land requires the approval of the LandsD, which will not be given in the absence of full justification. For land leased before the 1970s, the LandsD will incorporate tree preservation clauses into the modified leases when the landowners apply for re-development.
Since the Government has already adopted a package of administrative and legislative measures to protect trees and these measures have proved to be effective, enacting new legislation on the protection of trees is not one of our priorities.
(c) The Government adopts an integrated approach in assigning the responsibility for the maintenance of vegetation (including plants and trees) on government land. Under this approach, the department responsible for the maintenance of a facility (such as a park, open space, government building or slope) is also responsible for the maintenance of vegetation there. In order to clearly define the responsibility of various departments, the ETWB has issued a set of technical guidelines, stipulating that vegetation in different areas should be managed and protected by the relevant departments. The integrated approach has been successful and cost-effective in protecting vegetation and the Government has no plan to assign a single department to be solely responsible for the management of vegetation.
In December 2002, the Government established a high-level Steering Committee on Greening to provide steer to our greening policy and co-ordinate the efforts of the relevant departments in tree protection and greening. The Steering Committee is chaired by the Permanent Secretary for the Environment, Transport and Works (Works) with members at directorate grade drawn from 16 bureaux and departments.
End/Wednesday, March 2, 2005
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