Reply:
(d)
Mr President,
(a)
71 -
whether the Government has considered amending the legislation to raise the existing penalties so as to increase the deterrent effect; if not, what other measures does the Government have to combat the problem of repeated violation of environmental protection legislation?
The number of persons or companies convicted of environmental offences on more than two occasions in the past three years (1993-95) is as follows:
1993
126
1994
119
1995
123
No custodial sentence has been imposed in the past three years and the average fines imposed by the court on repeated offenders under the various pollution control ordinances are:
Ordinance
Maximum Penalty
Air
Pollution
Control $500,000
Average Fines Imposed on Offenders with More Than Two Convictions
1993
1994
1995
$7,700 $10,251 $10,612
Ordinance
Ozone Layer
Protection $1,000,000
Ordinance
Noise Control Ordinace
$200,000
n/a (no repeated offender)
$27,356 $20,362 $30,210
Dumping At Sea Act 1974 $5,000 (Overseas Territories) Order
1975
Dumping At Sea Ordinace $500,000 (replaced DASA(1974) above)
$4,471❘ $46,429 (*)
Order repealed
legislation not yet in force
n/a
Water Pollution
Control $400,000
$25,000 $47,414
$49,706
Ordinace
Waste Disposal Ordinance
$500,000
n/a
n/a
$1,000
(*) The fines are higher than the maximum because some of the cases were tried at the District Court as indictable offences, and are hence not subject to the maximum which only binds the Magistrate Courts.