Policy Comments & Advocacy

Green Power received complaints from the public and media on suspected unauthorized development (UD) spotted in Fu Yung Pei, Sha Tin. The vandalised area infringed Ma On Shan Country Park, covered “Conservation Area” (CA) according to Kwun Yam Shan And Fa Sam Hang Outline Zoning Plan (No. S/St-Kys/11), and was within Water Gathering Ground (WGG) (Figure 1). We visited the site on 14th February, 2023 and observed clearance of large areas of vegetation cover, tree felling, land reprofiling, presence of gates possibly obstructing access to government lands, and impacts on a natural stream nearby (Figures 2-6).

We urge the Administration to take prompt actions to the complaint as:

1. According to the Country Parks and Special Areas Regulations (Cap. 208A), it is an offence to remove anyvegetation or disturb the soil within country parks without permission. Removal of trees, shrubs or grasses ongovernment lands should also be controlled under the Forests and Countryside Ordinance (Cap. 96).
2. The vandalised area covered CA zone according to the Outline Zoning Plan. Although vegetation clearance is notcontrolled under the Town Planning Ordinance (Cap. 131), such acts indicate high possibility of furtherdevelopment which requires close monitoring and stringent planning control.
3. Other parts of the vandalised area, although being outside of the Country Park, are high in ecological value andindispensable parts of the same ecosystem, and any disturbance would undermine the biodiversity, habitat andwater quality of the surrounding protected area
4. The site is an important breeding site for the globally Near-threatened and locally protected Hong Kong Newt (Paramesotriton hongkongensis, Figure 7). We observed adults and a large number of egg clutches on suitablebreeding sites along the natural stream which runs in the middle of the vandalised site. The stream had longsections of riparian vegetation removed, and large amounts of plant debris and trash being abandoned along thestream channel. The Hong Kong Newt, which is forest-dependent and exhibits breeding site fidelity, breeds in alimited number of pristine streams in Hong Kong and requires riparian woodlands extending over 100m from thenearest stream margins as core habitat during its juvenile and terrestrial adult phases (Lau et al. 2017). Thesuspected UD undoubtedly threaten the populations at the site and those downstream.
5. Parts of the woodland upslope of the valley were cleared. We recorded Sampson Macaranga (Macaranga sampsonii), a restricted species, in the impacted woodland. Scats possibly belonging to the RedMuntjac (Muntiacus vaginalis, Figure 8), listed as Near Threatened in the Red List of China Vertebrates, were alsoobserved, indicating the presence of this shrub- and forest-dependent mammal at the site.
6. The site is also upstream of the Ecologically Important Stream along Ma Lai Hau Hang, Siu Lek Yuen (No. 13),as well as within WGG. Any development involving vegetation clearance and increases in pollution andsedimentation loads may trigger deterioration in habitat and water quality downstream. Clearance of vegetationand disturbance of soil on slopes may also escalate slope failure and flooding risk in the area.

Although the observed vandalism should trigger several ordinances, the majority of it was not prohibited by the law,thus hindering the government’s ability to halt or prevent the environmentally-damaging acts. The case is an exampleof insufficient protection for our ecologically sensitive enclaves. We hope the Administration investigates thiscomplaint seriously, takes prompt actions to stop, rectify and prevent any environmental and ecological damages, andconsiders reviewing the value and status of similar enclaves for inclusion into our protected area system. For anyinquiries, please contact the undersigned at Green Power (T: 3961 0200, F: 2314 2661, Email:elaine@greenpower.org.hk). We look forward to your replies and actions as soon as possible.