Policy Comments & Advocacy

We write as organisations, academics and legal experts with interests in Hong Kong’s wildlife and biodiversity conservation, to express our deep concerns about the wildlife poaching crisis in Hong Kong. The local poaching of wild animals poses a constant threat to local and indeed global biodiversity. In particular, Hong Kong is the last global stronghold of some species that are being hunted to the brink of extinction.

A Persistent Problem

As you are aware, multiple poachers, carrying animal traps or hunted animals, have been regularly detected using camera traps in Country Parks since 2016 by local researchers. Animal traps have also been identified across Hong Kong’s terrestrial and freshwater habitats. Through real-time monitoring of the camera traps and online trade platforms, researchers have gained intelligence on poachers and their activities. In some cases, poaching has been linked to specific individuals who are known animal traders. Since the re-opening of Hong Kong’s borders earlier this year, researchers also report observing new types of poachers who appear more skilful and carry specialised tools, including those likely from the mainland.

Despite repeated reporting to the authorities and some enforcement action, these poachers continue to operate and sell illegally taken wild animals. Successful prosecutions are few, and the penalties when handed down are typically a few thousand dollars.⁽¹⁾ The value of the specimens however can far outweigh such fines – noting that one specimen of a big-headed turtle can sell for between HK$ 22- 63,000, significantly more than the maximum penalties.

Wildlife poachers have thus not been deterred.

Limited deterrence for Hong Kong’s wild animal poachers

The illegal possession of protected wild animals and trapping of wild animals is regulated by Cap. 170 and Cap. 208. In addition, illegal possession of CITES-listed species (such as those being poached for the animal trade) is also regulated by Cap. 586. The primary enforcement authority for these Ordinances is AFCD.  Notably HKPF officers are also authorised officers under Cap.170.

Maximum Penalties under Cap. 170 and Cap. 208 (1 year imprisonment and fine at level 6) do not provide sufficient deterrence to poachers and do not reflect the serious nature of poaching Hong Kong’s wildlife.

By way of contrast, the Hong Kong Police Force (HKPF) successfully combats the illegal extraction of agarwood from incense trees (Aquilaria sinensis) with stiff penalties including custodial sentencing. ⁽²⁾ Offenders are routinely charged by HKPF for the criminal offences of theft (Cap 210), criminal damage, possession of offensive weapons, going equipped for stealing, etc. The maximum penalty under Cap. 210 is 10 years imprisonment.

Where appropriate, the HKPF can and does apply for an enhancement of sentence under the Organized and Serious Crimes Ordinance (Cap. 455). Enhancement of sentences is an extremely effective deterrent to criminals and the targeting of incense trees in Hong Kong has been reduced with the help of the HKPF.

With the 2021 amendment to OSCO to include Cap 586 offences, relevant crimes may be considered for enhancement of sentence, where there is evidence, the criminals involved were organised. Such offences include the illegal possession of CITES-listed animals, including those that have been poached. There are currently no provisions for the enhancement of sentencing for wildlife poaching offences under Cap.170 and Cap. 208.

Taking advantage of limited penalties under Cap. 170 and 208, limited HKPF involvement, lack of regular night patrols to intercept poaching activities and few prosecutions, wildlife poachers have not been deterred.

Without better enforcement, imminent extinction of native turtles is inevitable

Amongst other species, the target of much of the poaching has included freshwater turtles, such as the iconic Big-headed turtles (Platysternon megacephalum) and Golden coin turtles (Cuora trifasciata), both Critically Endangered. According to the IUCN’s global assessment, the population of Big-headed and Golden coin turtles has been reduced by over 90% and 95% in the past three generations (90 years) respectively.

Local experts’ research estimates that there are less than a thousand Big-headed turtle adults and a hundred Golden coin turtles left in the wild in Hong Kong. Given their low reproductive rate (average 3–6 eggs per year) and a long time to reach sexual maturity, freshwater turtle populations are unlikely to recover after overexploitation.

Hong Kong’s turtle populations currently represent the last stronghold across their distribution, and local poachers are rapidly decimating the remaining animals.  Native turtles will likely become extinct soon (within three to five years) if enforcement actions are not stepped-up urgently to stop poaching and illegal trading.

Existing efforts to combat wildlife poaching

We understand that the Government makes continuing efforts to combat poaching to protect wildlife in country parks, via patrolling, use of surveillance cameras and special law enforcement operations. We wholeheartedly appreciate and support these efforts. Commendable work is also being undertaken by AFCD in support of and collaboration with non-governmental organisations, such as Kadoorie Farm and Botanic Garden (KFBG), to restore the local population of Golden coin turtles through conservation breeding.

It is however important to note that the efforts of the local reintroduction programme are likely futile if wild animal poaching continues to threaten the safety of the species’ habitats. Turtles successfully bred from the programme simply cannot be safely released back to the wild until the threat of illegal poaching is removed.

Our request

The Kunming-Montreal Global Biodiversity Framework adopted at the Convention on Biological Diversity COP 15 in December 2022 calls for urgent action to halt and reverse biodiversity loss.

The crisis of turtle poaching in Hong Kong not only threatens our local environment but also has global implications. It is crucial that we take immediate action to halt and reverse biodiversity loss and preserve our planet for future generations.

We need active and consistent interdepartmental collaboration in the investigation, enforcement, and deterrence of poaching and trading of wildlife. We must ensure that legal loopholes are closed, and that penalties and punishments for poaching are severe enough to act as a deterrent to potential offenders.

We urge the government of the HKSAR and its lawmakers to consider the following, and to take the necessary steps to update policies, legislation and protocols to effectively stop wildlife poaching in Hong Kong.

1. Criminal investigation and apprehending of wild animal poachers necessitate a high level of sophistication and technical expertise. An interdepartmental joint task force approach between AFCD and HKPF is required to effectively deter and stop poachers and illegal wildlife traders. In particular, the development of an operation protocol between the HKPF and AFCD, similar to the protocol for the illegal taking of incense trees, to facilitate routine and proactive involvement of the HKPF in the investigation and enforcement of poaching and illegal wildlife trade laws.

2. The establishment of a special anti-poaching enforcement unit in AFCD that undertakes regular, targeted night patrols.

3. That Cap. 170 was drafted over 40 years ago and should be reviewed, with the aim to comprehensively update the Ordinance and its regulations, specifically but not limited to the following:
<ol style="list-style-type: lower-alpha;"><li>Indictable offences to be introduced in relation to contravention of sections 4,5,8,9.</li><li>In relation to contravention of sections 4,5,8,9 with increased penalties accordingly</li><li>Update Schedule 2 – List of Protected Species (last amendment was made 30 years ago), in order that it accurately reflects the increasing number and relevant species that need legal protection including all those that are of conservation concern. Hong Kong’s List of Threatened Species under AFCD’s purview is to be used as a reference.</li></ol>

4. The Country Parks and Special Areas should offer a safe sanctuary for all the biodiversity within. Cap. 208 states that: “The Chief Executive in Council may make regulations to provide for prohibiting or restricting the killing, hunting, trapping, molesting or disturbance of any form of wild life within a country park or special area”. However, the corresponding Country Parks and Special Areas Regulations Cap. 208A only prohibits carrying hunting or trapping appliances or arms. Hence, it is legal to catch unprotected wildlife by hand and some poachers had boasted about the collection of endangered species within Country Parks on social media. The Regulation should be amended.

5. The addition of certain offences (those related to removing wildlife) under Cap.170 and Cap. 208 to Schedule I of Cap. 455 (Organised and Serious Crimes Ordinance), to facilitate enhancement of sentencing and investigative powers.

Thank you for your attention to this matter. We sincerely hope you accept the nature and urgency of the current situation. As always, we would very much welcome the opportunity to discuss our recommendations with you, and look forward to your favourable reply.

<u>Co-signing organisations</u>

ADM Capital Foundation
Animals Asia Foundation
BLOOM Association Hong Kong
Friends of the Earth (HK) Charity Ltd
Good Lab Foundation and Make a Difference Institute
Green Power
Hong Kong Animal Law and Protection Organisation
Hong Kong Bird Watching Society
HK Discovery
Hong Kong Shark Foundation
Hong Kong Veterinary Association
Hong Kong Wetlands Conservation Association
Kadoorie Farm & Botanic Garden
Land Education Foundation
Ocean Park Conservation Foundation
Outdoor Wildlife Learning Hong Kong
Society for the Prevention of Cruelty to Animals (HK)
Teng Hoi Conservation Ltd
The Conservancy Association
The Green Earth
The Jane Goodall Institute Hong Kong
Tony Ip Green Architects Ltd.
The Nature Conservancy (TNC) Hong Kong
V'air Hong Kong
WWF Hong Kong

<u>Co-signing individuals (experts and academics)</u>

Alice Hughes, Associate Professor, School of Biological Sciences, University of Hong Kong

Professor Amanda S Whitfort, Associate Professor, Faculty of Law, The University of Hong Kong; Barrister at Law, Liberty Chambers

Dr. Astrid Anderson, Post Doctoral Fellow, Division of Ecology and Biodiversity, the University of Hong Kong, National Geographic Explorer, Director, Hong Kong for Pangolins

Dr. Billy Hau, Programme Director of MSc in Environmental Management, Principal Lecturer of School of Biological Sciences, Assistant Dean (TPG) of Faculty of Science, The University of Hong Kong

Professor Chi Chung LAM, Adjunct Professor, Dept of Curriculum and Instruction, The Chinese University of Hong Kong

Professor David Dudgeon, Emeritus Professor of Ecology and Biodiversity, The University of Hong Kong

Dr. David T.W. LAU, Curator of the Shiu-Ying Hu Herbarium, SLS, Chinese University of Hong Kong

Professor Dirk U. Pfeiffer, Chow Tak Fung Chair Professor of One Health, Professor of Veterinary Epidemiology, City University of Hong Kong, Royal Veterinary College, London, UK

Edmond Leung, Member of Environmental Campaign Committee

Lam Chiu Ying

Law Man Suet Michelle, Lecturer, School of Life Sciences, Chinese University of Hong Kong

Professor Lam Kin Che, Adjunct Professor, The Chinese University of Hong Kong

Professor Jianwen Qiu, Professor, Department of Biology, Hong Kong Baptist University

Dr. Jonathan FONG, Associate Professor, Science Unit, Lingnan University

Dr. Sung Yik Hei, Assistant Professor, Science Unit, Lingnan University

Professor Timothy C. Bonebrake, Professor, The University of Hong Kong

Dr. Xoni Ma, Member, Endangered Species Advisory Committee, HKSAR Government

Dr. Yung Wa SIN, Assistant Professor, School of Biological Sciences, The University of Hong Kong