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Following is a question by the Hon Albert Chan and a written reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (June 21):
Question:
I have recently received complaints from some fishermen that many Mainland fishing vessels often make unauthorised entry into Hong Kong to fish illegally in the waters south of Lantau, including the areas near Peng Chau, Cheung Chau, Tai A Chau and Siu A Chau, and by means of illegal fishing methods, causing serious damage to the marine ecology. Hong Kong fishermen have repeatedly complained about this to the Marine Police and the Marine Department. However, the situation has not improved, but has also deteriorated recently. In this connection, will the Government inform this Council:
(a) of the manning scale of Marine Police officers patrolling the waters south of Lantau, including the areas near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau in the past three years;
(b) of the number of cases involving Mainland fishing vessels suspected of making unauthorised entry into Hong Kong and fishing illegally in Hong Kong waters in the past three years, and the respective numbers of cases in which the persons involved were prosecuted and convicted;
(c) of the existing penalties for the above offence; and
(d) whether it has taken any measures to tackle the problem of Mainland fishing vessels making unauthorised entry into Hong Kong and fishing illegally in Hong Kong waters, so as to protect the rights and interests of local fishermen and the ecology of local waters; if so, of the details of the measures; if not, the reasons for that?
Reply:
Madam President,
(a) The waters off South Lantau cover the areas near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau and are close to the boundary between the waters of Hong Kong and the Mainland. They are heavily patrolled round-the-clock by the Marine Police. In the past three years, they are normally patrolled by two major launches of the Marine Police, each manned by no less than 11 officers, on a 24-hour basis.
(b) At present, there are a number of legislative provisions governing the activities of non-Hong Kong registered fishing vessels in Hong Kong waters. The main ones include the Immigration Ordinance (Cap. 115), Marine Parks Ordinance (Cap. 476), Fisheries Protection Ordinance (Cap. 171) and Shipping and Port Control Ordinance (Cap. 313).
Any non-Hong Kong registered fishing vessels in Hong Kong waters which are found not to have proper immigration clearance may be denied entry under the Immigration Ordinance. As far as Mainland fishing vessels are concerned, according to the record of the Police, the Marine Police have refused the entry of 699 such vessels in accordance with the relevant provisions of the Immigration Ordinance since January 2004.
Generally speaking, if the crew members of a fishing vessel enter Hong Kong waters without valid documents and are suspected of being engaged in unlawful activities, they will be regarded as illegal immigrants and arrested by the Police under the Immigration Ordinance. Since January 2004, a total of 652 crew members of Mainland fishing vessels have been arrested by the Marine Police for such offences and repatriated as illegal immigrants.
Furthermore, under the Marine Parks Ordinance, fishing is strictly prohibited in marine reserve. Fishing in marine parks is also an offence unless a permit is issued by the Country and Marine Parks Authority. There have been 20 cases in which Mainland fishing vessels were prosecuted for illegal fishing in marine parks since January 2004. All the offenders in these cases were convicted and fined $400 to $1,000. Two of them were sentenced to imprisonment for two months, suspended for two years.
In addition, the Fisheries Protection Ordinance prohibits destructive fishing practices, including electro-fishing as well as fishing with explosives, toxic substances, dredging or suction devices. Since January 2004, no Mainland fishing vessel was prosecuted for carrying out in Hong Kong destructive fishing practices prohibited under the Fisheries Protection Ordinance.
Under regulation 6A of the Shipping and Port Control Regulations, all vessels, except those to which Part IV of the Regulations applies, including Mainland vessels, are required to apply to the Director of Marine by a pre-arrival notification for permission to enter the waters of Hong Kong. According to the records of the Marine Department, in the past three years, there were a total of three cases in which Mainland fishing vessels were suspected of making unauthorised entry into Hong Kong. In two of these cases, the offenders were convicted under regulation 6A of the Shipping and Port Control Regulations.
(c) Under section 3(1) of the Immigration Ordinance, all ships arriving in Hong Kong, except those exempted by the Director of Immigration under section 3(6) of the Ordinance, have to go through immigration examination at an approved immigration anchorage. Any person who without reasonable excuse knowingly contravenes section 3(1) of the Immigration Ordinance is guilty of an offence and liable on conviction to a fine of $120,000.
Under the Marine Parks Ordinance, the maximum penalties for illegal fishing in any marine parks are a fine of $25,000 and imprisonment for one year. Under the Fisheries Protection Ordinance, the maximum penalties for destructive fishing practices including the use of explosives, toxic substances, dredging or suction devices in Hong Kong waters are a fine of $200,000 and imprisonment for six months.
If the owner and the master of a vessel contravene section 6A of the Shipping and Port Control Regulations without reasonable excuse, they are each liable to a maximum fine of $40,000 on conviction.
(d) The several ordinances mentioned above should be able to effectively prevent the unauthorised entry of fishing vessels from outside the territory into Hong Kong for illegal fishing. As for enforcement action, on a daily basis, there are 56 police launches patrolling Hong Kong waters, with 18 of them being major ones. If any person on a vessel which is from outside the territory is found to have committed any offence within Hong Kong waters under the laws of Hong Kong, the Police will investigate and take appropriate law enforcement action. Assistance will be sought from the law enforcement agencies of the Mainland where necessary.
Currently, the Immigration Department is equipped with seven immigration launches for immigration control within the harbour. Apart from conducting immigration clearance for vessels at the three approved immigration anchorages (namely, the Eastern Immigration Anchorage, the Western Immigration Anchorage and the Tuen Mun Immigration Anchorage), spot checks on vessels are also conducted to detect immigration evaders within Hong Kong waters (mainly at typhoon shelters and cargo handling areas).
Moreover, the Marine Department will carry out patrols from time to time to prevent fishing vessels from outside the territory from operating illegally in Hong Kong waters. The Agriculture, Fisheries and Conservation Department (AFCD) also conducts frequent patrols in marine parks and marine reserve on a daily basis, including night patrols, to crack down on any activities contravening the Marine Parks Ordinance in these areas. Besides, AFCD patrols Hong Kong waters from time to time to combat any illegal destructive fishing practices.
Apart from stepping up patrols and enforcement action, the departments concerned have closely liaised and worked with the law enforcement agencies in neighbouring administrations to prevent the unauthorised entry of fishermen from outside the territory to fish in Hong Kong waters. The Administration considers that the existing measures are adequate to safeguard the interests of local fishermen and conserve the ecology of local waters.
Ends/Wednesday, June 21, 2006
Issued at HKT 15:33
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