Replies to LegCo questions

LCQ8: Disbursement of ex-gratia allowance to fishermen affected by marine works

Following is a question by the Hon Steven Ho and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (April 13):

Question:

Quite a number of fishermen have relayed to me that the various marine works carried out in recent years have resulted in temporary loss of fishing grounds during the works periods. Also, the fish catch of fishermen in the surrounding waters has dropped as the sea waters have been seriously polluted. In addition, upon completion of the works, parts of the waters concerned have been permanently designated as fishing restricted areas, which has further reduced the area of fishing grounds, affecting the livelihood of fishermen. However, the ex-gratia allowance (EGA) for fishermen currently granted by the Government in respect of marine works cannot fully compensate fishermen's losses due to such works. In this connection, will the Government inform this Council:

(1) of the relevant information in respect of the reclamation works under the following development projects which have commenced or have been proposed, namely: (i) the Hong Kong-Zhuhai-Macao Bridge and its related projects (including the artificial island), (ii) the Three-Runway System Project at the Hong Kong International Airport, (iii) development projects in Lantau (Tung Chung New Town Extension, Sunny Bay Reclamation and Siu Ho Wan Reclamation), and (iv) reclamation projects outside Victoria Harbour (including reclamation at Lung Kwu Tan, Tsing Yi Southwest and Ma Liu Shui, together with the artificial islands in the central waters) (set out in Annex 1);

(2) in respect of each of the marine works that commenced in the past five years or will commence in the next five years, of the actual or projected total area of temporary loss of fishing grounds due to such works and the time period involved;

(3) in respect of each of the marine works that commenced in the past five years or will commence in the next five years, of the actual or projected total area of marine parks that were or will be established upon completion of such works, with the relevant waters covered by such area marked on a map;

(4) of the number of EGA applications handled and the total amount of EGA granted by the authorities in each of the past five years;

(5) of the details of the existing procedures for handling as well as for vetting and approving EGA applications, including the average time taken from preparing to set up a relevant inter-departmental working group, registering the affected fishermen to granting EGA to them; the criteria adopted by the authorities for determining whether an individual fisherman has been affected by certain marine works;

(6) of the respective numbers of EGA applications that are being handled and those which are still outstanding, and the expected time for completion of handling all such applications and releasing the EGA involved;

(7) as some fishermen have pointed out that, under the existing mechanism, no EGA will be granted to the affected fishermen in respect of the establishment of a fishing restricted area (e.g. a marine park) which is larger than the reclamation area in the waters concerned upon completion of the marine works, and that at present the durations of temporary loss of fishing grounds caused by some marine works have exceeded five years, showing that the existing mechanism has underestimated the durations of temporary loss of fishing grounds caused by some marine works which has resulted in the EGA granted to fishermen being less than their actual losses, whether the authorities will review the current methods for calculating EGA so as to take into account the aforesaid factors; if they will, of the details; if not, the reasons for that; and

(8) as some fishermen have pointed out that the Government, when planning various development projects, has often sacrificed the survival and development of the fishing industry, how the Government will prevent the occurrence of such a situation in future with a view to achieving a win-win situation between the development of the fishing industry and the development projects?

Reply:

President,

When planning marine works, the Government will duly consult the stakeholders, and seek to minimise the impact on different stakeholders and the fisheries resources in the waters concerned. We understand that some fishermen are worried about the possible reduction in fishing grounds as a result of such marine works. The Government has put in place a mechanism to provide on compassionate grounds an ex-gratia allowance (EGA) to eligible fishermen affected for the purpose of relieving their burden. The Government will continue to consult fishermen through various channels when planning marine works and at the same time strive to foster the sustainable development of the local fisheries industry.

My reply to the various parts of the question is as follows:

(1) and (2) Information about the development projects already commenced or proposed are set out in Annex 2.

(3) The Government did not establish any marine park as a result of the marine works carried out in the past five years. The name, location and area of the marine parks proposed in relation to the marine works to be carried out in the coming five years are listed in Annex 3.

The boundaries of the marine parks proposed in relation to the Hong Kong-Zhuhai-Macao Bridge Hong Kong Boundary Crossing Facilities Project and the Three-runway System Project are shown in the Annex. For the marine park proposed in relation to the Integrated Waste Management Facilities Project, detailed study of the proposal is still underway and the specific boundaries of the marine park have yet to be confirmed.

(4) The Government will set up an inter-departmental working group (IWG) to handle matters relating to the disbursement of EGA to fishermen affected by marine works. The number of EGA applications handled by IWGs and the total amount of EGA involved in the past five years are set out in Annex 4.

(5) The IWG is responsible for handling matters relating to fishermen's EGA applications, including setting the eligibility criteria for the relevant EGA exercise (for instance, prescribing that the homeport of the fisherman's vessel must be associated with the affected fishing grounds, and that the vessel owner must be the holder of relevant documents such as a valid certificate of ownership and operating licence, etc.), planning and carrying out the registration of fishermen, vetting applications, formulating the apportionment criteria for the EGA exercise and disbursing the EGA. The IWG comprises representatives from the Lands Department (Chairman), the Agriculture, Fisheries and Conservation Department (AFCD), the Marine Department (MD), the Home Affairs Department and the relevant works departments.

Prior to registering the EGA claims of fishermen, the IWG will conduct briefing for the fishermen of the approved homeports to explain in detail the eligibility criteria for registration, the arrangements for collecting the chits for registration and the arrangements for the registration day itself, the documents that applicants are required to put up, and other relevant information and details. Guidance Notes for Registration will also be distributed at the briefing session. The IWG will also inform fishermen of the arrangements for applying for EGA through press releases issued by the Information Services Department and other channels, such as posting the relevant notice at conspicuous places in the approved homeports and on the notice boards of AFCD, MD, the relevant district lands offices and district offices, and the wholesale fish markets under the Fish Marketing Organisation. Copies of the notice will also be sent to the relevant Legislative Council (LegCo) members, fishermen groups, District Council members and Rural Committees. The fishermen of approved homeports will then register their claims with the IWG on the days specified. After assessing the applications carefully, the IWG will inform the applicants in writing of the assessment results and the arrangements for the disbursement of the EGA. Generally speaking, it takes the IWG about 18 to 24 months to handle an EGA exercise from registration to the completion of assessment.

(6) The IWG is currently processing 1 284 EGA applications from fishermen in relation to marine works in the waters south of Tsuen Wan, Tsing Yi and Lantau Island, and in Victoria Harbour and the waters southeast of Hong Kong Island. It expects to complete the vetting work and disbursement of the EGA payment in early 2017.

(7) Since the waters in Hong Kong do not belong to any person, fishermen who lost their habitual fishing grounds due to marine works projects are not entitled to any statutory compensation because they do not have legal rights over these waters. However, recognising that the fishermen affected may suffer a reduction in income and may incur extra expenses in relocating their activities to fishing grounds elsewhere, the Government has put in place a mechanism to provide on compassionate grounds an EGA for these fishermen who fulfil the eligibility criteria.

The EGA payable to fishermen affected by marine works is calculated on the basis of the notional value of fish catch from the area with permanent loss of habitual fishing grounds as a result of marine works (mainly due to reclamation operations), or the notional value of fish catch from the area with temporary loss of habitual fishing grounds as a result of sand dredging or mud disposal operations.

The Government reviewed the mechanism in 2012 and obtained support from the Finance Committee of the LegCo on April 27 in the same year for a significant upward adjustment of the basis for calculating the EGA. According to the new calculation basis, the EGA payable in respect of marine works resulting in a permanent loss of fishing grounds is equivalent to the notional value of fish catch in the affected area for 11 years (raised from seven years) whereas the EGA payable in respect of marine works resulting in a temporary loss of fishing grounds is equivalent to the notional value of fish catch in the affected area for five years (raised from three years). This calculation basis has taken into account whether the marine works will result in permanent or temporary loss of fishing grounds, regardless of the duration of the marine works projects concerned. In our view, sufficient justifications for another review of the mechanism do not exist for the time being.

As for the restricted areas set up for the purpose of safeguarding the safety of marine channels and aviation safety, since the restrictions would be applicable to all vessels (including fishing vessels), the Government will not grant EGA to fishermen because of the establishment of such restricted areas. The establishment of marine parks is for protecting fisheries resources in the waters concerned. Likewise, the Government will not grant EGA to fishermen for such a reason.

(8) Currently, all reclamation and major works of the Government are planned and implemented by the relevant planning and works departments. The Development Bureau is responsible for formulating development policies, and monitoring and co-ordinating the implementation of the public works programme. During the implementation of the projects, the responsible departments will duly consult the relevant bureaux, departments and stakeholders to ensure that various considerations will be taken into account in a balanced way, serving the best interests of all parties concerned.

With regard to the development of the fisheries industry, the Government has been implementing step-by-step the suggestions made in the report of the Committee on Sustainable Fisheries, such as implementing the trawl ban, introducing a registration system for local fishing vessels, setting up the Sustainable Fisheries Development Fund, providing loans through the Fisheries Development Loan Fund and training courses for fishermen, and preparing for the designation of fisheries protection areas, with a view to promoting the sustainable development of the fisheries industry and assisting fishermen in developing or switching to sustainable fisheries and related operations. We will continue with the relevant work.

Ends/Wednesday, April 13, 2016
Issued at HKT 18:34

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