XN000022-1996-04-03 — Page 87

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Order repealed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.