Electronic waste falls in a grey area. Used computers, televisions, monitors and other devices can be second-hand goods to some, waste to others. They can also be potentially hazardous. Used monitors and televisions are often dismantled for cathode ray tubes (CRTs), which release harmful substances if they break. In 2004 a growing number of used electronic items was being shipped to Hong Kong for temporary storage or, in a few cases, dismantling in the New Territories before re-shipment to the Mainland or other developing countries in Asia for recycling. This raised complex issues related to enforcement.

The EPD does not want to discourage proper recycling. However, the potential damage of improper handling of CRTs needed to be addressed, as did illegal shipments of such hazardous waste. To effectively control the problem, the department established direct communication channels with the source countries to collect and share intelligence about questionable shipments. We also conducted joint operations with the Customs and Excise Department, Marine Police and Mainland authorities against offenders. After a series of vigorous enforcement actions, the problem was contained and showed signs of tapering off in mid-2005. Furthermore, Mainland China banned the use of second-hand CRTs, monitors and televisions in the manufacturing of similar products from late 2005, a move that will likely contribute to diminished international demand for waste computer monitors and televisions and a decrease in such illegal shipments to Hong Kong.

We still had to deal with residual court cases related to illegal shipments in 2005 and they proved difficult to prosecute. Some defendants argued the electronic waste was not waste but valuable goods and won their cases. The EPD has responded with the argument that once an article is abandoned by the original owner, it is waste irrespective of whether it is still workable or can be sold for value. This was accepted in the Magistrate's Court in a number of cases in 2005 and has helped us to polish our approach in prosecuting illegal shipments of hazardous electronic waste that are transported under the guise of second-hand goods.

Some of our most difficult enforcement work concerns livestock waste. Pig farms produce highly noxious levels of waste. Farmers are supposed to treat the waste and arrange for proper disposal. However, some farms continue to dump their waste into rivers and streams in the New Territories, creating serious pollution problems. Considering there are 265 pig farms in Hong Kong with a maximum capacity of 426 000 pigs, even a few bad apples can have ruinous results.

Over the years the EPD has stepped up enforcement, conducting midnight raids to catch farmers dumping waste. However, some farmers have responded by making our job more difficult. They have combined discharges with other farms to make investigations more laborious, put up illegal fences on riverbanks to keep our officers away and thrown stones at officers, claiming they thought they were robbers. The EPD therefore has refined its enforcement work to tackle the problem from several different angles.

On-site enforcement will continue but we are also trying to reach out to farmers. A major workshop was held in July 2005 with experts from the Mainland, who shared their experiences in managing pig farms and wastewater. The workshop at the Kadoorie Agricultural Research Centre of The University of Hong Kong was well attended by farmers. In addition to seminars and discussion sessions, the experts also visited several local pig farms to address their farming practices and wastewater treatment systems. The event aimed to develop better awareness and knowledge among farmers, an approach that has helped us to reduce offences in other areas (see box).

The public can also help us enforce livestock waste disposal by putting greater pressure on polluters to comply. In September we launched the Livestock Waste Information System on our web site. Residents can click on the site to see the location and distribution of major livestock farm clusters in the North and Yuen Long Districts and assess their impact on river water quality by comparing on-line samples taken upstream and downstream of farms. They can also learn about livestock waste controls, complaints and enforcement actions. By making the problem more transparent to the public, we hope to secure their understanding and support for our control activities.

A final example of our work is the use of technology in controlling dumping at sea. All marine dumping barges are required to have on-board automatic self-monitoring systems that record where they dump their loads. Only certain areas are designated for dumping to protect marine ecology. The EPD collects the data periodically and if a ship has dumped outside the permitted area – short dumping – it is prosecuted.

However, in 2004 potential flaws in the system emerged. A dumping permit holder and ship operator were prosecuted for short dumping more than ten times due to incorrect setting of their equipment. In court, the defendants successfully challenged the accuracy and reliability of the equipment and consequently they were acquitted. To tackle this issue and improve the use of technology in enforcing short dumping, the department has since been developing a real-time system. This new system will link up to EPD offices, enabling us to detect short dumping and take immediate action. It will go on trial in 2006 and should significantly enhance our enforcement in this area.

Every year the EPD's enforcement team faces new twists on old problems, and new problems. As a result we are constantly refining and updating our efforts to promote better compliance by polluters. The department has adopted new technology, new techniques and a more sophisticated approach to prosecuting cases. Our ability to adapt and respond has not only built up our enforcement capabilities. It has also helped us to improve Hong Kong's environment by ensuring irresponsible operators are prosecuted and responsible ones are supported in their efforts to comply with environmental laws.