Enforcing pollution laws in Hong Kong is never a simple matter. The big stick approach of heavy policing and penalties is labour intensive, and wilier operators soon find new ways to outwit enforcers. "Carrots" that encourage compliance, such as the EPD's partnership programme with industry, help to prevent problems, but they can never eliminate offences entirely. The EPD therefore must continually refine its enforcement activities to stay one step ahead of offenders. Interestingly, some of the same principles that underscore partnership programmes also have application in enforcement.

Reaching out to others, for example, has helped to enhance our enforcement activities. We have sought support and partnership from other governments and other departments in the Hong Kong SAR Government, who provide information, help with surveillance and tackle environmental problems from angles beyond the EPD's remit, such as land-use and illegal immigration. Another principle borrowed from the partnership programme is the generalist approach to pollution control. Industries prefer to deal with all pollution issues at one place, rather than make separate enquiries for noise, waste, air and water pollution. In a similar vein, our enforcers have been trained to offer a one-stop inspection. They now investigate all types of pollution on each round.

The EPD's field operations are based on the principle of integrated enforcement and officers are trained to investigate all types of pollution problems.

The import and export of hazardous waste is controlled under the Waste Disposal Ordinance.

Pollution does not respect boundaries, making it necessary for environmental agencies to work with their counterparts in other countries. This is especially true in the area of waste shipments. Many countries, including China, are signatories to an international agreement on transboundary shipments of hazardous waste. The pact prevents communities from dumping their waste problems on others. The agreement applies to Hong Kong through the extension of China's ratification. However, enforcement can be extremely difficult here as Hong Kong processes over 36 000 containers a day - including more than 1 000 containers of waste.

The EPD works closely with countries (shown in pink) in Europe, North America and Asia in monitoring and controlling transboundary waste shipments.

The European Union's Network for Implementation and Enforcement of Environmental Law works closely with the EPD on transboundary shipments of waste. A joint project to establish a waste shipment information network got underway in 2002 and has enhanced detection. Three illegal shipments bound for Hong Kong were stopped in Europe in 2004, while one shipment was intercepted when it reached here. The network also helped the EPD identify a recycling facility in France that could handle eight containers of waste batteries that were illegally imported from Gambia, West Africa, to Hong Kong.

Waste TV/computer monitors piled up in a recycling yard in the New Territories causes environmental concern.

In Asia, the EPD has worked closely with Japan's Ministry of the Environment over illegal shipments of electronic waste disguised as "used goods". Japan has tightened its export control and raised the standard for the export of used goods, resulting in a significant drop in these shipments in 2004. The Ministry of Environment also spearheaded the formation of the Asia Network for Prevention of Illegal Transboundary Movement of Wastes, which held its first meeting in December 2004. Hong Kong and Japan attended, along with the Mainland, South Korea, Cambodia, Vietnam, Thailand, the Philippines, Malaysia and Indonesia.

Despite these developments, Hong Kong experienced an influx of electronic and plastic waste shipments in 2004. This followed the Mainland's decision to tighten control over imports of waste intended for recycling. Exporters turned to Hong Kong for outlets and overnight, operations sprang up in the New Territories to dismantle television and computer monitors for recyclable cathode ray tubes, and to shred plastic bottles for use in recycling on the Mainland.

		A joint operation of the EPD and Customs and Excise Department stopped the illegal export of glass waste from cathode ray tubes. The definition of "waste" can be complex. For example, electronic waste can contain valuable, recyclable parts, such as cathode ray tubes, which are also hazardous because of their high lead content. In 2004, Hong Kong saw an increase in these shipments, following a decision by the Mainland to tighten control over the import of waste intended for recycling. Operations sprang up overnight in the New Territories where recyclers are dismantling television and computer monitors to recover the valuable cathode ray tubes. The EPD is closely monitoring the situation and is taking measures to bring it under control (see main text). Two prosecutions during the year involved the illegal export of glass waste from cathode ray tubes. In both cases, the ships were heading towards Mainland waters with waste computer monitors on board. The shipmasters each were sentenced to two months imprisonment, suspended over two years, and handed down fines of $5,000 and $10,000.

These operations have caused visual and noise pollution (see box). While the EPD does not want to impede recycling activities, it recognises the need to keep this industry under control. We have written to the source countries, in particular Japan, South Korea, Canada, Australia and member states of the European Union, who are supportive and agree to share information on dubious shipments. Joint operations are being conducted with the co-operation of both the Customs and Excise Department and Mainland authorities. The Planning Department is investigating illegal land use by recyclers, while the Immigration Department is conducting inspections to check whether recyclers employ illegal immigrants. The community may object to these recyclers on the grounds their operations are too primitive for Hong Kong, but clearly, a sophisticated response has been organised to monitor the situation and keep it under control.

Much of the EPD's enforcement work requires co-operation with other government departments. For instance, the Customs and Excise Department, Planning Department and Immigration Department are helping us to control recycling activities, but they are not the first or only examples. Recently, we have had much support in addressing odour from storm water drains in Kennedy Town and emissions from Hong Kong's crematoria.

EPD and Drainage Services Department staff jointly investigate a sewer odour problem in Kennedy Town.

Kennedy Town has experienced an increase in population in recent years that is beyond the coping capacity of the ageing and inadequate sewer system there. Some sewers are leaking, with foul water flowing into the storm water drains. As a result, sewage has accumulated inside the storm water pipes and is giving off a bad odour. This complicated situation led the EPD to set up a team to tackle the problem in early 2004, involving the Drainage Services Department (DSD), Food and Environmental Hygiene Department (FEHD), Highways Department and Home Affairs Department.

		The EPD receives complaints from the public about a wide range of pollution matters. The police also handle complaints related to noise, especially outside office hours. In 2004 more than 26 400 complaints were received, including 3 228 to police. This is up from about 24 000 in 2003, reflecting a significant increase in complaints about smoky vehicles. Some 7 600 complaints against smoky vehicles were received, as against 4 729 in 2003. The increase probably relates to growing concern about air pollution, particularly smog. (See Chapter 3 Customer Service and Partnership for details on how we handle complaints.)

Under the sewerage improvement programme in Kennedy Town, a foul sewer pipe is being installed.

The inter-governmental team devised three solutions. In the short-term, the DSD will de-sludge the storm water drains regularly. In the medium term, the EPD will rectify any expedient connections to the drains and pursue the possible diversion of sewage into a new sewer system before its full commissioning. And in the long-term, the sewer system will be upgraded, with a target date of 2008. Kennedy Town had been identified for upgrade earlier during a territory-wide survey of sewers, but has now been given higher priority.

Crematoria are another example of the EPD working with others to tackle a persistent environmental problem. Over the past 20 years we have received regular complaints about odour and smoke from crematoria built in the late 1970s and 1980s. Working with the Architectural Services Department and the Electrical and Mechanical Services Department, the EPD has supported projects to replace older cremators at Kwai Chung, Fu Shan and Diamond Hill, where homes and schools have been built near the old facilities. New, cleaner-burning cremators came into operation at Kwai Chung in March 2003 and at Fu Shan in October 2004, and there were no complaints against either facility in 2004. Construction of new cremators at Diamond Hill began in 2004 and will be completed in 2006, and in the meantime the FEHD has tightened management of emissions from the existing cremators. As a result, only one complaint was received in 2004.

The chimney of the old Kwai Chung Crematorium emits smoke during operation.

The new Kwai Chung Crematorium operates with clear chimney emission.

Existing cremators in the Diamond Hill Crematorium will be replaced with new ones in 2006.

The ability to work with others and seek their expertise and assistance is essential in enforcement work. In recent years, we have cultivated that ability both in our dealings with industry partners, such as the construction trade (see Chapter 3 Customer Service and Partnership for details), and in our efforts to prevent and control polluting activities. That impulse of reaching out beyond our area of expertise has filtered into our internal operations.

Despite the fact that EPD inspection officers possess wide-based professional knowledge, until recently, each officer had a narrow area of expertise, such as air, noise or water pollution, and the focus of their inspections was in that area. Now, all officers are on the lookout for pollution violations of any sort. For example, a water pollution expert is able to detect an air pollution violation and can call in experts from among colleagues as needed. This is called integrated enforcement and the department began implementing it several years ago.

		The EPD prosecution team is actively involved in upholding compliance of environmental laws. A Central Prosecution Section (CPS) was established in 2001, dedicated to training officers and prosecuting cases. Some 485 convictions were handed down in 2004, including 148 not-guilty pleas that were processed by the CPS. Although the number of offences is generally declining, as reflected by convictions, cases have become increasingly difficult to prosecute. More offenders are pleading not guilty and hiring experienced lawyers to defend them. The CPS was set up to address that situation by enhancing the EPD's expertise in court.   The head of CPU, Mr James Pong (right), consults with staff. In July 2004, the CPS was expanded and re-named the Central Prosecution Unit to take over all prosecution work for the department, such as the laying of summons and the taking of pleas. Previously, this work was handled by the investigation sections. This move is in accordance with the Department of Justice's policy to keep investigation and prosecution functions separate. To ensure even greater independence, the unit will report directly to a deputy director after the EPD's re-organisation in 2005.

Integrated enforcement has two benefits. One, clearly, is resources - it is less labour-intensive to have one or two officers carrying out inspections, rather than a team of five or six experts. However, it also makes sense that pollution control officers should be alert to any polluting offence. Integrated enforcement was extended to all EPD offices in 2004, in line with our overall re-organisation.

The division's re-organisation does not alter our focus or operations in any substantial way (see box). Rather, it underscores the changing philosophy of enforcement. This work is increasingly characterised by partnership and outreach, as seen in the change of name from Local Control Division to Environmental Compliance Division. The EPD can never hope to contain all pollution problems on its own. It needs the co-operation of operators, as well as the assistance of others in dealing with the increasingly complex nature of pollution offences. In the process, it is breaking down the barriers with operators and other authorities in dealing with a problem that respects no boundaries.

		| Click to Enlarge | The Local Control Division was re-named the Environmental Compliance Division in 2004, reflecting the increasing role of partnerships and customer service in improving compliance by polluters. The division was also handed responsibility for territorial control, taking over from management groups. Territorial control involves enforcement of such issues as dumping at sea, waste imports and exports and asbestos control. In addition, the number of geographical offices in the division has been reduced to four from six and re-named the North, South, East and West Regional Offices. These changes help to streamline our operations and precede the EPD's re-organisation in 2005.

Separate the Central Prosecution Unit from the Environmental Compliance Division and make it answerable to the Deputy Director. Disseminate livestock waste control information through the development of a Livestock Portal. Organise a seminar on effective livestock waste disposal for the livestock trade. Promote the use of Quality Powered Mechanical Equipment in construction to improve efficiency and reduce noise.