CHAPTER 2  REVIEW OF EXISTING POLICY AND MEASURES	

Existing Policy and Measures

2.1		Our existing nature conservation policy was promulgated in the Second Review of the 1989 White Paper on “Pollution in Hong Kong – A Time to Act” published in 1993.  It stated that – 

“Our conservation policy has evolved over many years. In simple terms, it seeks to conserve and enhance our natural environment by protecting existing conservation areas and heritage features by identifying new areas for such conservation, and by compensating for areas which merit conservation but which are inevitably lost to essential development projects.”

2.2		Under this policy, we have been implementing various measures to protect sites of high ecological importance.  These measures include –

(a)	the establishment of country parks and special areas under the Country Parks Ordinance;

(b)	the designation of conservation zonings under the Town Planning Ordinance;

(c)	the establishment of restricted areas under the Wild Animals Protection Ordinance ; 

(d)	the implementation of a statutory mechanism under the Environmental Impact Assessment Ordinance to ensure that potentially adverse ecological impacts caused by designated projects are avoided or mitigated;

(e)	the implementation of conservation plans for important habitats and species; and 

(f)	public education and publicity.

Country parks and special areas

2.3		The Country Parks Ordinance (CPO) provides for the designation, control and management of country parks and special areas in Hong Kong.  The Director of Agriculture, Fisheries and Conservation is the Country and Marine Parks Authority (“the Authority’) responsible for managing these areas for nature conservation and educational purposes.  Unlike special areas, country parks are designated and managed also for meeting the recreational needs of the community.  Both developments and activities are strictly regulated in country parks and special areas to preserve the naturalness of the environment.  The Country and Marine Parks Board is a statutory advisory body established under the CPO to advise the Authority on matters relating to the designation and management of country parks and special areas.

2.4		CPO provides that both government land and private land may be designated as country parks, while only government land can be designated as special areas.  Compared to country parks, special areas are smaller in size and comprise areas of higher ecological value.  Special areas are dedicated solely to nature conservation and educational uses.

Land use zoning system

2.5		The land use zoning system under the Town Planning Ordinance (TPO) aims to regulate land uses for meeting specified planning intentions of individual areas.  It is also used as a conservation tool to protect ecologically sensitive sites from development and incompatible land uses.  Site of Special Scientific Interest (SSSI), Conservation Area (CA) and Coastal Protection Area (CPA) are generally regarded as conservation zonings designated on statutory town plans under the TPO.  Both government and private land can be zoned as SSSI, CA or CPA.  Like other zoning designations, these conservation zonings are recommended by the Town Planning Board (TPB) for the approval of the Chief Executive in Council.

2.6		SSSI are designated to protect areas of scientific interest such as areas with rare fauna or flora species or representative habitats in Hong Kong.  Stringent control is imposed on land zoned as SSSI where nearly all proposed land uses including agricultural activities cannot be carried out unless with TPB’s approval.  CA and CPA are designated to protect the natural character and landscape of the sites.  Sometimes they are designated to protect the landscape features or other conservation values of a site instead of its ecological value.  Other than agriculture and activities related to conservation such as tree planting, all other types of land uses would require TPB’s approval.

2.7		Unlike country parks and special areas, the land use zoning mechanism does not involve any active management of the conserved areas by the Government.  The Government’s role is mainly restricted to enforcement by the Planning Department of the TPO to ensure that the land is not put to non-permitted uses.

Restricted areas

2.8		The Wild Animals Protection Ordinance (WAPO) provides for the designation of restricted areas to protect important habitats from disturbance.  Access to these areas is restricted through a permit system administered by the Agriculture, Fisheries and Conservation Department (AFCD).    

Environmental impact assessment 

2.9		The Environmental Impact Assessment (EIA) Ordinance, which came into operation in 1998, helps to protect ecologically important areas from adverse development impact by requiring proponents of designated projects to avoid causing adverse environmental impact as far as practicable.  If total avoidance is not practicable, the project proponents are required to mitigate the adverse impact to an acceptable level.  

Conservation plans for important habitats and species

2.10	AFCD has been implementing conservation plans for the protection of important habitats and species found in Hong Kong to ensure that they will continue to survive and sustain.  For example, the conservation management plan for the Mai Po Inner Deep Bay Ramsar Site has been implemented since 1998 to promote the conservation and wise use of the wetlands therein, and to raise public awareness about their importance.  

2.11		AFCD has developed conservation plans for important species including the Chinese White Dolphin, Green Turtle and the Black-faced Spoonbill.  For the Chinese White Dolphin, AFCD has adopted a four-pronged conservation approach involving management, public education, research and cross-boundary cooperation to enable the species to continue to use Hong Kong waters as a portion of their population range in the Pearl River Estuary.  Moreover, apart from designating Sham Wan Beach, Lamma Island as a restricted area under WAPO during the nesting season of Green Turtle, AFCD arranges for clearing of vegetation and rubbish at this nesting site and monitors the laying of eggs.  A conservation plan has also been developed for the Black-faced Spoonbill.  The plan contains prioritized actions aimed at improving the wetland habitats for the species’ feeding and roosting during winter.  

Public education and publicity

2.12	Public support and participation are essential to the success of our conservation efforts.  AFCD has been organising a wide range of activities for different sectors of the community including tree-planting schemes, forestry work camps, guided visits, hiking festivals, etc.  In addition, AFCD has been publishing leaflets, booklets and posters, and producing VCDs to introduce the attractive wildlife found in Hong Kong and to explain the need and ways to protect our precious natural environment and respect wildlife.

Conservation Efforts and Achievements

2.13	We have adopted a “habitat approach” in pursuit of the nature conservation objective by protecting important habitats through various conservation designations including country parks, special areas and conservation zonings.  We have so far designated 23 country parks and 15 special areas (11 of them are within country parks) with a total area of about 41,600 hectares.  They cover over 60% of the forests, 55% of the shrub land, 40% of the grassland, all the fresh water reservoirs and most of the stream origins in the territory, and the fauna and flora associated with these habitats.  These areas are under the active management of AFCD, which enables the in-situ conservation of the wildlife there.  Moreover, we have designated another 6, 600 hectares of land as SSSI, CA and CPA to protect them from development threats.  We have also designated three important habitats that are already zoned as SSSI as restricted areas under WAPO, viz. Mai Po Marshes/Inner Deep Bay (bird sanctuary), Yim Tso Ha Egretry (nesting site of egrets) and Sham Wan Beach (nesting site of endangered Green Turtles), to further protect the areas from human disturbance.  

2.14	To signify the importance of the wetlands in Mai Po, we have listed the Mai Po Inner Deep Bay area as a Ramsar Site (i.e. a Wetland of International Importance) under the Ramsar Convention since 1995.  The area has now become a renowned paradise for birds, in particular migratory birds including endangered species such as the Dalmatian Pelican and the Black-faced Spoonbill. AFCD is providing subventions to the World Wide Fund for Nature Hong Kong, a non-governmental organisation (NGO), for daily habitat management of the Mai Po Nature Reserve.  

2.15	We have evaluated the effectiveness of the existing conservation measures in achieving the objective of protecting the important habitats and species.  We have attained very positive results both in terms of the share of areas protected for nature conservation purpose and the level of biodiversity in Hong Kong.  

2.16	So far, about 48,200 hectares, or 43% of Hong Kong's land area are put under the current protected areas system, i.e. designated as country parks, special areas or put under conservation zonings, and protected for nature conservation purpose.  This compares favourably with other cites/places at a similar stage of economic development.  Moreover, despite its small size and rapid developments over the years, Hong Kong still enjoys a rich biodiversity.  A wide variety of plants and animals can be found here including over 3,100 species of vascular plants, some 50 species of mammals, 450 species of birds, 80 species of reptiles, more than 20 species of amphibians and 140 species of freshwater fish.  Insect diversity is also very high with more than 230 species of butterflies and 100 species of dragonflies. Most of the wildlife is already represented in our protected areas.

2.17	The areas currently put under various conservation designations not only offer a sanctuary for wildlife, but also facilitate informed planning by developers who can avoid ecological sensitive areas at the early planning stage.  Country parks also serve important educational and recreational functions.  On the one hand, they harbour a diversity of wildlife that provides valuable resources for promoting conservation education and related scientific researches/studies.  On the other hand, there are many scenic sites with spectacular landscapes within the 23 country parks.  Many country parks are located at the urban fringe and are easily accessible by the public.  They are great venues for outdoor recreational activities such as hiking, camping, barbecue and picnic, and for eco-tourism.  Every year, the country parks attract over 10 million visitors. 

2.18	The natural environment that we have preserved is a valuable asset belonging to the people of Hong Kong and their future generations.  It provides a green backdrop that enhances our city’s landscape and living environment, and improves the quality of life by providing easy and free access to the tranquillity of the nature, fresh air and scenic views.  This natural asset has also become one of the attractions of Hong Kong to overseas visitors and investors.

Limitations

2.19	Although the existing conservation measures have contributed to the protection of significant areas of ecological value and rich biodiversity in the territory, they are not without limitations.  From time to time, there are debates on whether a site should be conserved especially when the nature conservation objective conflicts with development proposals.  There are also criticisms about the inadequacy of the existing measures in conserving ecologically important sites under private ownership.  

2.20	Nature conservation, in its broad term, is essentially the conservation of biodiversity. It includes protection, maintenance, sustainable utilization, restoration and enhancement of the natural environment.  To ensure the sustainable development of Hong Kong, we have to strike a balance among economic, social and environmental needs.  We need ways to identify sites that deserve conservation, and decide the appropriate conservation measures as well as the priority for action.  Yet, currently we do not have a system for evaluating the ecological value of individual sites in an objective and systematic manner.  

2.21	Different people may have different views on what should constitute an ecologically important site.  There are no easy answers to the questions of whether a particular site is worthy of protection for nature conservation purpose and what sort of protection it should be accorded with.  For instance, it is difficult to decide whether we should regard a site with a plant species that is rare in Hong Kong but abundant in the Mainland one of high ecological importance.  We cannot compare the ecological importance of a site with a very rare butterfly species with one that supports a rich diversity of frog species.  All these give rise to debates from time to time on whether and, if so, what sort of nature conservation efforts and priority for action should be accorded to particular sites.  These debates may in turn affect planning of development projects.

2.22	Moreover, the ecological information currently available is not extensive enough in respect of areas covered and details of information collected.  We need a comprehensive ecological database that can facilitate the formulation and implementation of nature conservation policy and measures as well as planning of development projects.  

2.23	Conservation of ecologically important habitats under private ownership is another major concern.  With the existing conservation measures, the Government can protect these sites from development threats by regulating the land use through zonings.  However, so long as the land use complies with the zoning control, due to their private land status, the Government cannot prohibit human activities carried out on the land even if they may not be compatible with the conservation objective or may cause adverse impact on the habitats, e.g. change of agricultural practices, war games and use of off-road vehicles.  The CPO does contain provisions that restrict the conduct of incompatible activities in country parks.  However, most, if not all, of the landowners nowadays would strongly resist any proposal to designate their land as country parks or, generally, for nature conservation purpose because, in their view, this would affect the potential of future development of their land.  This is despite the fact that most of these sites are under agricultural leases and therefore by virtue of these land leases, the landowners have no development right in terms of erecting buildings or structures on their land except with the approval of the Government.  

2.24	To better achieve the nature conservation objective, apart from continuing the existing efforts in protection of important habitats and species, we need to explore whether there are other practicable measures to address the limitations mentioned above.  Since resources are limited, it is imperative to establish in the first instance a system that provides clear and objective guidelines for selecting priority sites for enhanced conservation.  It is evident that conservation of important habitats involving private land would not succeed without the support and cooperation of the landowners concerned and other stakeholders.  It is therefore necessary to examine new ways to enhance partnership with them in pursuing the nature conservation objective.  In this regard, we need to strike a balance between the rights of landowners over the use of their land on the one hand and the right and desire of the community to enjoy a pleasant natural environment on the other hand.