Compliance with environmental laws has been improved through our partnership programmes, described elsewhere in this report. But this has not eliminated the need for an effective deterrent against offenders. We regulate specific polluting activities through licensing procedures. We have strengthened our response to complaints about pollution. And we have improved our prosecution capabilities through the establishment of a dedicated unit.


Licensing

The EPD operates a "one-stop shop" where operators can apply for all necessary pollution control licences and permits in one place. They can apply either in person at any of the EPD's nine one-stop-shop offices or on-line. In 2002 we issued about 9 000 licences and permits.


Inspections

The Local Control Offices carried out 66 630 inspections in 2002. Plans are underway to improve the inspection process through the use of new technology. Portable digital assistants (PDAs) are being used in some inspections, for example in chemical waste inspections and marine dumping controls. They reduce the use of paper and improve efficiency by enabling officers to download information about companies, which can be accessed during on-site inspections. We are also investigating Internet links for PDAs.

In December 2002, all major development projects were required to mount webcams on-site, enabling operations to be observed over the Internet. The initiative was made under the Environmental Impact Assessment Ordinance. It is hoped webcams will help to deter offences and provide inspectors and the public with a quick overview of on-site activities.


Complaints

The EPD hotline received 53 530 calls in 2002, of which about 11 600 were pollution complaints and the rest enquiries. Another 14 000 complaints (a rough figure) were received through other means including letter, e-mail or referral from other government departments. Some noise complaint cases are handled directly by the Police. Excluding these, the total number of complaints handled and investigated by EPD was 19 449, similar to 2001 but lower than the 26 695 complaints received in 2000. There are several reasons for the decline in complaints. Smoky vehicle complaints have dropped by 57 per cent (from 13 240 in 2000 to 5 663 in 2002) due to our vehicle emissions control programme. The partnership programme and a government initiative to penalise persistent offenders are having an effect. And the economic downturn means there is less construction activity, which typically is a major source of complaint. However, complaints about daytime construction noise continued to be high, totalling 1 314.

We changed the way we handle complaints in October 2002. The EPD Customer Service Centre replaced the government's centralised call centre as the main body for receiving pollution complaints. It employs a geographical information system so operators and inspectors can pinpoint precisely the location of a complaint. It also produces records of past complaints and follow-up action, so both callers and EPD staff can be informed immediately of the situation. In terms of our response rate, we responded to 99 per cent of complaint calls within three working days.

Chart showing pollution complaints have dropped in recent years


Prosecutions

Prosecutions have declined over the past two years as a result of the partnership programme, the economic downturn and the construction industry's growing compliance with a 1998 construction dust regulation. The EPD has also provided technical advice to various industries on how to comply with anti-pollution laws. Over the past three years we have held 130 seminars attended by about 15 000 participants. In 2002 we held 22 seminars attended by about 1 600 participants.

In 2002 the total number of prosecutions was 842, down from 1 151 cases in 2001 and 1 824 cases in 2000. The highest number of prosecutions - 273 - was carried out under the Noise Control Ordinance, followed by 222 prosecutions under the Air Pollution Control Ordinance, 206 prosecutions under the Waste Disposal Ordinance, 133 prosecutions under the Water Pollution Control Ordinance, 5 prosecutions under the Dumping At Sea Ordinance and 3 prosecutions under the Ozone Layer Protection Ordinance.

The number of offenders pleading not guilty has not declined in step with the drop in prosecutions. In 2002, some 171 offenders pleaded not guilty as against 177 in 2001. This coincided with an announcement by the government in 2002 that companies with three convictions or more will be prohibited from bidding for public projects for six months. To deal with not-guilty plea cases more effectively, a Central Prosecution Section (CPS) was set up in 2001, led by a full-time legal professional. In the first full year of operation of the CPS, polluters charged with environmental offences were acquitted in less than 7% of those prosecution cases that proceeded. The CPS provides specialist training for its in-house prosecutors and also arranges appropriate training and provides legal advice to enforcement staff on matters such as case preparation and the gathering and handling of evidence.

Chart of number of prosecution cases in the recent years


Other Work

The EPD participates with the Police in catching smoky vehicles. In 2002 we stopped 1 056 vehicles for testing. A total of 167 fixed-penalty tickets of $1,000 each were handed out by the Police. The figure has dropped over the past three years as a result of our vehicle emissions control programme.

We also continued to carry out a Sewer Connection Programme for unsewered villages in the New Territories. In 2002 we connected 39 village houses and 300 villagers to public sewers. Since the programme began in late 1995, we have connected 3 342 village houses and 24 117 villagers.

The first stage of a scheme to treat the contaminated sediment of the Shing Mun River was completed at the end of 2002, costing $50 million. It has improved water quality, apart from an odour problem which occurs during periods of very low tide. The second stage of the scheme will cost $28 million and aims to clean up the remaining part of the river.

Response to Emergency Incidents

The EPD works closely with other government departments such as the Fire Services Department, Marine Department and Government Laboratory to provide a speedy response to environmental incidents. We have comprehensive response plans for dealing with 36 different types of emergency situations on land and at sea, including oil and chemical spills.

The EPD provides dedicated support for all emergency responses and the Chemical Waste Treatment Centre contractor provides chemical waste collection and disposal services for incidents involving chemicals. In 2002 we were involved in 40 land-based incidents and 10 marine-based incidents. Clean-up work was required in these incidents and was carried out satisfactorily.

An Emergency Response Drill team was set up in 1999 to enhance staff performance and readiness in emergency situations. In 2002 it conducted three drills.