ISA HK/China --- HK Tree News (DP on Tree Law)

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Dear Station Members,

Below is yet another piece of HK News re-asserting the cry for a local Tree Law to protect any tree from interference, even for those which are outside the lease control in current Land Regulation. In principle, the intention is all good for Tree Preservation in our territory.

On the other hand, ISA HK/China would draw our Station Member's attention to the following issues not mentioned but worth considering in the preparation of any Tree Law in HK:

1. By enacting a Tree Law to protect all trees (including private trees grown in private land), would it prevent the affected trees from intentional removal before the Law would come into effect? Would it really save our trees at the end instead of having them chopped off willingly for avoidance of supervision? Can we prevent this from happenning before the Law is enacted? How?

2. Would the public, especially those land owners in the rural areas, accept such a Law intending to deprive their ownership of their own trees? Would it lead to commotion among the rural public as seen with other interfering policies in the past? Would this disturb social harmony & what for?

3. What kind of control other than Tree Retention is going to be implemented for this future Tree Law? Who is going to decide whether a tree is to be retained, transplanted or felled? Arborists or somebody else? Have we not seen so many so-called 'trees', including bananas, bamboos & palms which live short & difficult to transplant, have been retained inappropriately in HK over the years? Who is going to accept liabilities if trees are retained incorrectly after so much public funding squandered?

4. Would the professionals making decision on Tree Retention be a neutral party with Integrity, Professionalism, with an attitude of Fact-finding & Truth-telling, or just someone who would write good to please the client for financial reward? What international standards are going to be used for making any decision? Would 'in-house' report, or an Independent Report from a Third Party without Conflict of Interest, be deemed acceptable?

5. Who is going to supervise the running of this proposed Tree Law? What kind of training is required as necessary for execution? Any Independent Tribunal for appeal?

6. If the retained tree eventually becomes a Time Bomb & kills somebody or causes property damages, who is the party going to undertake liabilities? Would it be the Tree Owner who is forced to retain the tree, or the Govt Agency enforcing the Law, or whom?

7. A retained tree will grow. In accordance with international practice, it will need to be maintained properly so that it can become an asset instead of a liability. We have seen too often that incorrect pruning has damaged many trees in HK, & a lot of urban trees have failed due to this. Who is then going to pay for this sustainable maintenance, with what standards of prqactice & supervision, & who will be qualified to carry out the work?

Above are just a string of technical & legal questions that the politicians would need to study & answer, before perhaps any Tree Law can be further conceived in HK. Otherwise, it would be like some of the current Technical Guidelines full of good intention but challenged continuously by the receiving end to make works slow & unsmooth. HK has seen too good wishes turned sour because of various reasons. Do we wish to see a repetition to happen for a future Tree Law as well?

The proposed Tree Law is likely to be one area that the the future Tree Management Office (TMO) is going to run into, or would be required to deal with, with skills, experience & research. ISA HK/China, through the mighty support of ISA from 50 countries in the past 85 years, will be willing to give the future TMO is helping hand, if we are ever asked to make our contribution.

For this we shall live up our word.

best regards,

Sammy Au
Station Manager

"If a tree is not designed, installed, maintained & inspected properly, it is likely to become a liability rather than an asset."

"Trees are good for the community. Trees need care like human beings. Arborists are the Tree Care Professionals."


民主黨擬樹木法防濫伐
(x報)2009年8月31日

【x報專訊】民主黨甘乃威指出，現時部分私人地段的樹木不受保育樹木的條款管制，可以隨時遭砍伐或破壞，建議訂立《樹木法》防止事件發生，包括制定罰則、修剪或砍樹前須申請。該黨規劃師吳永輝則指出，現時罰則未具阻嚇性，建議把砍樹及破壞樹木等行為刑事化。

九成私地契沒保樹條款

發展局發言人回應，暫時以行政、公眾教育方法去保護樹木。吳永輝表示，80年代中期以前所批出的私人地契沒有保育樹木條款，無法阻止私人業主砍樹，雖然日後地契已加入條款，但估計現時約九成地契是在80年代中以前批出，即多數樹木不受保護。他又指就算是一些受管制不能隨意砍伐的樹木，例如在政府公地上的樹木，有機會以混凝土等方法遭人「毒害」，令樹木枯萎，他要求政府立法管制。

甘乃威擬10月提初稿

公民黨陳淑莊目前正草擬《樹木法》，民主黨亦會另擬《樹木法》，制訂罰則禁止在未授權下砍伐、移植、修剪、破壞樹木，除非已向有關部門申請。甘乃威希望10月會有私人草案初稿，屆時會與公民黨商討協調提出草案保護樹木。

放大
民主黨昨日在維園一棵古樹下舉行論壇，多名嘉賓批評現有法例未足保護樹木，包括現有保護樹木的政策未有法例支持。右一為民主黨甘乃威。