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Following is a question by the Hon Leung Che-cheung and a reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (February 19):
Question:
It has been reported that the prices of Aquilaria sinensis (incense trees), an endangered species, and the resin secreted by them have been rising incessantly in recent years, resulting in many cases of illegal felling and theft of incense trees in Hong Kong. For instance, more than a hundred incense trees at Pak Ngan Heung, Lantau have all been felled in the past few years. It is learnt that lawbreakers first make cuts on the trunks of incense trees to stimulate secretion of resin and then return to collect the resin and fell the trees for profit. In this connection, will the Government inform this Council:
(1) of the number of incense trees illegally felled in the past five years; if such figure is not available, of the reasons for that; while the Government has indicated that a territory-wide survey for incense trees is neither practicable nor useful, whether the authorities will consider afresh collecting such data to facilitate formulation of a policy for better protection of incense trees;
(2) of the number of persons arrested for illegal felling of incense trees in the past five years and the highest penalty imposed on the convicted persons; whether the Government will increase the penalty for illegal felling of trees so as to enhance the deterrent effect; as cases of illegal felling of incense trees happen time and again, whether the authorities have reviewed the effectiveness of the relevant protection measures; whether it has made reference to the measures taken, legislation enacted, and penalties imposed by overseas authorities for curbing similar cases; if it has, of the details; and
(3) whether it has considered restoring the damaged habitats of incense trees, including the planting of incense tree seedlings; if it has not, of the reasons for that?
Reply:
President,
On the different parts of the question raised by Hon Leung, our reply is as follows:
(1) and (2) "Chen Xiang" is a valuable traditional Chinese medicine, derived mostly from incense trees growing in the Asian tropics. The Incense Tree growing in Hong Kong belongs to another species of the genus Aquilaria. It produces a resin that has been used as a substitute of "Cheng Xiang". The native Incense Tree is widely distributed in Hong Kong, and mostly found in lowland broadleaf forests or in fung shui woods behind rural villages. The Agriculture, Fisheries and Conservation Department (AFCD) does not maintain a record of the population of Incense Trees in Hong Kong.
Under the Forests and Countryside Ordinance (Cap. 96), any person who unlawfully fells or destroys any trees or growing plants on Government land is liable on conviction to a fine of $25,000 and imprisonment for one year. Depending on the circumstances of individual cases, the Police may initiate prosecutions under the Theft Ordinance (Cap. 210), which imposes a heavier penalty, in a bid to achieve a stronger deterrent effect. Any person arrested and charged with theft is liable to a maximum penalty of imprisonment for ten years.
Currently, offenders involved in illegal felling of Incense Tree were mainly prosecuted for criminal offences on theft, criminal damage, possession of offensive weapon, going equipped for stealing, etc. and, where appropriate, the Police may apply for an enhancement of sentence under the Organized and Serious Crimes Ordinance (Cap. 455). Over the past five years (2009-2013), the maximum penalty convicted involving Incense Tree is four year and three months' imprisonment. Detailed information on recent criminal cases handled by the Police involving Incense Trees in the recent nine years is provided in Annex 1.
All Aquilaria species, including the native Incense Tree, are Appendix II species under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). Under the Ordinance, any person who exports an agarwood specimen or possesses a live plant of wild origin for commercial purposes must obtain a permit issued by the AFCD, while the import of an agarwood specimen requires a valid export license issued by the exporting country. The maximum penalty for violation of the licensing requirements of Appendix II species under the Ordinance is a fine of $500,000 and imprisonment for one year. In the past five years, there were 17 cases of seizure of illegal import and export of agarwood specimens.
The AFCD will closely liaise and cooperate with the Police in combating against illegal felling or pruning of Incense Tree. Imposing a heavier penalty on such illegal activities could also provide a stronger deterrence, and enhance the protection of Incense Trees.Patrols will also be stepped up at sites of illegal tree-felling.
(3) Many of the illegally felled areas are already densely vegetated, and in addition, some of the areas fall within private lots. As such, it may not be appropriate for the Government to replant Incense Tree in those areas.We found it appropriate to plant the seedlings of Incense Trees at select suitable sites within the country parks. The AFCD would produce seedlings of Incense Trees and plant them in different country parks, to assist in the propagation of this species in Hong Kong. The number of seedlings planted in the recent five years is as shown in Annex 2. Nearly ten thousands of them have been planted on average every year.
Protection of endangered species in Hong Kong, including the Incense Tree, relies on the concerted effort of the public and the Government of Hong Kong. Relevant departments will strengthen publicity and education on such. I would also like to appeal to the public to reduce the purchase and use of Incense Tree and its products. The public, including villagers and people going to the countryside, is advised to report cases or suspected cases of illegal tree-felling to the Police as soon as possible where appropriate. This would help the Police in taking actions in combating these illegal activities.
Ends/Wednesday, February 19, 2014
Issued at HKT 18:04
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