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Following is a question by the Hon Christopher Chung and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (October 16):
Question:
Regarding the demolition of structures containing asbestos materials, will the Government inform this Council:
1) Whether it knows the number of buildings with structures containing asbestos materials throughout the territory at present, with a breakdown by the 18 District Council districts;
2) Whether it has set a timetable for demolishing structures containing asbestos materials, and when all such structures are expected to be demolished;
3) Of the number of owners who have applied for subsidies under assistance schemes such as the Integrated Building Maintenance Assistance Scheme, the Building Maintenance Grant Scheme for Elderly Owners or the Comprehensive Building Safety Improvement Loan Scheme since 2011 for carrying out works which involved demolishing structures containing asbestos materials;
4) Given the legal requirement that a registered asbestos consultant or a registered asbestos contractor must be engaged to carry out works involving asbestos-containing materials, of the respective numbers of such consultants and contractors in Hong Kong at present; whether it has assessed if the numbers are sufficient;
5) Of the number of persons prosecuted for breaching the legal requirement stated in (4) in the past five years, as well as the penalties imposed in general on persons convicted by the courts;
6) Of the number of cases in which prosecution was instituted against illegal disposal of asbestos waste in the past five years, as well as the penalties imposed in general on persons convicted by the courts; the number of asbestos contractors who were prosecuted in such cases; and
7) As some members of the construction industry have pointed out that all works involving asbestos-containing materials are presently regulated by the Air Pollution Control Ordinance (Cap. 311), which is enforced by the Environmental Protection Department, but these works also involve issues such as labour safety and works supervision, whether the authorities have assessed if the regulation of such works is comprehensive at present in the absence of co-ordination and supervision by the Labour Department and the Buildings Department; whether the Government has any plan to review and improve the aforesaid ordinance in the light of the issues in question, so as to enhance the safety of such works?
Reply:
President,
My replies to the seven parts of the question are as follows:
1) Before the 1980s, the use of asbestos containing materials (ACM) in buildings was very common. Corrugated asbestos cement sheets were used in many canopies and rooftop structures in old buildings for shading and heat insulation purpose. Corrugated asbestos cement sheets, if in good condition, will not release asbestos fibres and thus pose no health risks to the residents or the public. As the presence of ACM can only be ascertained after sampling and testing, and some such material may be concealed inside building structure and service installations and are not easily found and accessible, its presence can only be ascertained after assessment on the spot by a registered asbestos consultant. As such, the Government currently does not have overall data on buildings in Hong Kong with ACM.
2) Undisturbed structures with ACM, if in good condition, will not release asbestos fibres. The best way to handle structures with ACM is to maintain them in good condition and there is no need to carry out demolition unnecessarily. Therefore, there is no need to set a time table now for the demolition of all such structures in Hong Kong.
3) Neither the Comprehensive Building Safety Improvement Loan Scheme administered by the Buildings Department (BD) nor the Building Maintenance Grant Scheme for Elderly Owners administered by the Hong Kong Housing Society (HKHS) has a breakdown of the loan applications relating to the demolition works of buildings with ACM. Since the launch in 2011 of the Integrated Building Maintenance Assistance Scheme administered by the HKHS and the Urban Renewal Authority, a total of eight Home Renovation Interest-free Loan applications involving the demolition works of buildings with ACM have been received.
4) As at October 1 this year, there are 38 registered asbestos consultants and nine registered asbestos contractors in Hong Kong. The number of registered asbestos professionals is determined by market demand. The above number of registered asbestos professionals should be able to meet the current local demand for asbestos removal works.
5) Under sections 73, 77 and 79 of the Air Pollution Control Ordinance (Cap. 311) (APCO), if the relevant person fails to give written notice to the Environmental Protection Department (EPD) before the commencement of the asbestos abatement work, engage a registered asbestos contractor or comply with the requirements of the asbestos abatement notice issued by the EPD while carrying out relevant work, he is liable to a maximum fine of $200,000 and six months of imprisonment. The EPD has been working closely with the BD to identify the target premises in those old buildings with planned demolition works for follow-up inspection. Moreover, the EPD will handle complaints from the public and the industrial sector promptly. Once illegal asbestos works are identified, the EPD will initiate prosecution. In the past five years, the number of prosecutions instituted by the EPD under the APCO for failing to engage an asbestos consultant or registered asbestos contractor to carry out asbestos abatement works, as well as the fine imposed by the court are set out in the annex.
6) The number of prosecutions by the EPD in the past five years indicates one case of illegal disposal of asbestos waste in 2009, but the prosecution did not lead to any conviction. The case did not involve any registered asbestos contractor.
7) Works involving ACM are regulated by the APCO, and the EPD is responsible for enforcement of the APCO. Premises owners are required to engage registered asbestos consultants to carry out investigation on any intended works that may involve ACM and submit asbestos abatement plans to the EPD before the works commence.
Asbestos abatement works are in parallel regulated by the Factories and Industrial Undertakings Ordinance (Cap. 59) (F&IUO) to safeguard the occupational safety and health of workers engaged in asbestos works. While carrying out such works, all asbestos contractors and their workers must comply with the statutory requirements, the codes of practice for safety and health at work and the practical guidance issued by the Labour Department. These include contractors' obligation to adopt control measures and provide personal protective equipment at site as well as the hiring of competent persons to oversee the effective implementation of these measures.
The APCO aims to protect the environment and the public who are not involved in the relevant works while the F&IUO aims to protect the contractors and their workers associated with the relevant works. The two ordinances exert controls in two different areas.
In addition, the BD also issues a practice note to authorised persons, registered structural engineers, registered geotechnical engineers and registered contractors respectively to require them to follow the relevant statutory provisions to adopt control and abatement measures while removing ACM from existing buildings. When the BD issues a clearance order against unauthorised building works (UBW), a pamphlet "Asbestos Removal of Unauthorised Building Works" published by the EPD will be enclosed to remind the owners to properly handle and demolish the UBW with ACM. If a large scale operation by the BD may target building works involving ACM, it will provide the EPD with information on the relevant target buildings to facilitate the EPD's follow-up action accordingly. As the regulatory arrangement for asbestos removal works has been effective, the Government considers there is no need to make any change.
Ends/Wednesday, October 16, 2013
Issued at HKT 16:26
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