Replies to LegCo questions

LCQ1: Combating destructive fishing activities

Following is a question by the Hon Wong Yung-kan and a reply by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in the Legislative Council today (June 11):

Question:

The Fisheries Protection Ordinance prohibits destructive fishing practices. In October 1998, the Council passed amendments to the above Ordinance, which included raising the maximum fine for breaches of the provisions concerned from $10,000 to $200,000. In this connection, will the Government inform this Council:

(a) how the Ordinance has been enforced by the department concerned since its above amendment, and details of the convicted cases, including the penalties imposed by the court; and

(b) whether it will consider taking more stringent measures, such as introducing another amendment to the Ordinance to further increase the penalties, for combating destructive fishing activities?

Reply:

Madam President,

(a) The Fisheries Protection Ordinance (Cap.171) was established to promote the conservation of fish and other forms of aquatic life within Hong Kong waters, regulate fishing practices and prevent activities detrimental to the fishing industry. The relevant legislation was last amended in 1998 and 1999 to have its scope widened to cover the prohibition of destructive practices including electrofishing, clam-dredging and clam-suction, and to set or increase the maximum fine for all offences from $10,000 to $200,000.

The Agriculture, Fisheries and Conservation Department, supported by the Marine Police, is responsible for enforcing the Ordinance. The Department has set up an enforcement team to patrol Hong Kong waters and take actions against destructive fishing activities. On average, around 900 patrols are conducted each year. Up till now, the Department has instituted a total of 29 prosecutions, of which 22 involved the possession or use of dredging devices for fishing, six involved the use of suction devices and one concerned cyanide fishing. Apart from five cases pending court hearing, all offenders were convicted and sentenced to fines ranging from $300 to $3,000, and their illegal fishing gear was confiscated.

(b) The number of reported cases involving destructive fishing practices in Hong Kong has remained low and stable over the past years. The current penalties for offence under the Fisheries Protection Ordinance are already set at a substantial level and it is the jurisdiction of the court to determine the most appropriate level of penalty within the range of penalties prescribed by the law. Nevertheless, we will intensify our enforcement efforts to deter illegal fishing practices, especially at such black spots as southern waters of Hong Kong and Lantau Island where the majority of clam-dredging cases were reported. We will also step up our education and publicity efforts to raise fishermen's awareness of the detrimental effects of destructive fishing practices on our marine environment and fisheries resources.

End/Wednesday, June 11, 2003
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