The full list of ordinances can be found by clicking on the following link: http://www.legislation.gov.hk/eng/home.htm
WILD ANIMALS PROTECTION ORDINANCE
The major concerns with this ordinance are that a) Fish and marine invertebrates are specifically excluded from this ordinance and b) CITES (Convention on International Trade in Endangered Species) listed marine species and other endangered marine species are not included in the list of protected species.
That fish and marine invertebrates are specifically excluded is very surprising. REMEMBER this means that NO fish, NO corals, NO anemones, NO CRABS or CRUSTACEANS etc. are protected at all.
So we suggest that three changes are required:
-
The definition of “Animals” in section 2 of the ordinance needs to be amended by removing the sentence “other than fish and marine invertebrates”
-
A clause needs to be added that includes all CITES listed species automatically. CITES species are listed in Chapter 586 of the HKSAR legislation.
-
IUCN redlisted species such as the Chinese Bahaba, Hong Kong grouper, eagle ray, whale shark need to be specifically listed. Consideration needs to be made for other locally endangered species such as the horseshoe crab.
Living Seas Hong Kong acknowledges that these changes will require some redrafting and changes to various clauses in the legislation. However we believe that the required changes are not significant. To further this investigation Living Seas Hong Kong is working together with lawyers to finalise detailed work on this redrafting effort.
PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE
This ordinance is related to the restriction in trade in endangered species not in their protection.The ordinance was brought in to make sure that Hong Kong was compliant to the international CITES (http://www.cites.org) regulations. The naming of the ordinance is misleading. We would recommend that this ordinance be renamed “CONTROL IN THE TRADE OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE”
FISHERIES ORDINANCE
The Fisheries Ordinance is aimed at restricting the methods of fishing in Hong Kong waters. For the purpose of fishing this ordinance bans the use of explosives, toxic material or electrical or suction apparatus. This does not provide specific protection for endangered species from other means of capture.
The AFCD has stated that for historic reasons the Fisheries Ordinance was designed to provide protection for marine life and this was the reason that the Wild Animal Ordinance excluded marine fish. However IT DOES NOT PROVIDE PROTECTION, is simply controls the fishing methods.
Conclusion
The major highlevel conclusion is that the Protection of Wild Animals Ordinances needs to change to provide specific protection for endangered marine species. This needs to happen as soon as possible.