Man sentenced to 15 months' imprisonment for illegal possession of regulated turtles
A man was found illegally possessing local wild and endangered turtles and sentenced to imprisonment for 15 months by the District Court today (September 20).
A spokesman for the Agriculture, Fisheries and Conservation Department (AFCD) noted that the 37-year old man offered regulated species for sale on his online social media platforms and instant messenger groups. AFCD staff disguised as clients and mounted an enforcement operation against the man with a big-headed turtle seized in April 2022. However, the man did not stop his illegal acts afterwards. The AFCD thus mounted a joint operation with the Police in May 2022 and seized 31 specimens of endangered turtles of unknown sources on a premises in Yau Tsim Mong District. All turtles concerned are species listed on the International Union for Conservation of Nature Red List of Threatened Species as Endangered or Critically Endangered, as well as the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and regulated under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). These turtles include big-headed turtles (Platysternon megacephalum) and radiated tortoise (Astrochelys radiata), which are listed in CITES Appendix I, and Chinese three-striped box turtles (Cuora trifasciata, commonly known as golden coin turtle), Beale's eyed turtles (Sacalia bealei), yellow-margined box turtles (Cuora flavomarginata) and wattle-necked softshell turtle (Palea steindachneri), listed in CITES Appendix II. There are wild populations of big-headed turtles, Chinese three-striped box turtles and Beale's eyed turtles in Hong Kong and these species are protected under the Wild Animals Protection Ordinance (Cap. 170). Upon scientific testing, all seized big-headed turtles and Beale's eyed turtles, as well as some of the Chinese three-striped box turtles were proven to be taken from the wild locally.
The man was prosecuted under five charges for illegal possession of endangered species, illegal sale of protected wild animal taken in Hong Kong and illegal possession of live protected wild animals taken in Hong Kong. The offender was convicted today at the District Court and sentenced to imprisonment for 15 months.
Any person contravening the Protection of Endangered Species of Animals and Plants Ordinance will be liable to a maximum fine of $10 million and imprisonment for 10 years upon conviction with the specimens forfeited. In addition, the Wild Animals Protection Ordinance also stipulates that unless otherwise permitted, no one shall hunt, wilfully disturb, buy, sell, export, offer for sale or export, possess or control protected wild animals (including all wild chelonians). Offenders are liable to a maximum fine of $100,000 and imprisonment for one year upon conviction.
The spokesman said, "This case involved the largest quantity of local specimens among all convicted cases of illegal possession of regulated species since the enhanced penalties under the Protection of Endangered Species of Animals and Plants Ordinance came into effect in 2018. Illegal possession of endangered species is a serious crime. Members of the public should not defy the law. The Government is committed to combating illegal hunting of and trading in wild animals to protect local wild species and endangered species. The AFCD will remain vigilant and continue monitoring various platforms and social media, and will proactively take action to deter illegal acts."
The AFCD encourages members of the public to call 1823 to report any suspected irregularities.
Buildings Department responds to media enquiries on development project at Anderson Road
In response to media enquiries about the steel reinforcement installation works in the superstructure of a development project at Anderson Road, a spokesman for the Buildings Department (BD) today (October 4) gave the following response:
The BD received a report in late August alleging that the steel reinforcements of some structural elements in the superstructure works being carried out at the Anderson Road site had not been installed in accordance with the requirements of the Buildings Ordinance (Chapter 123) (BO). The BD attaches great importance to the incident and has deployed its staff to the site four times since early September to inspect site operations, quality of work, site safety and the like. During the inspection on September 26, the BD staff found that the number of steel reinforcements installed at six beams on 29/F of Tower 3 of the site was less than that required in the approved plans. Nevertheless, there was no obvious danger to the overall structure.
As neither the representative of the registered structural engineer (RSE) nor the representative of the registered contractor (RC) could provide a reasonable explanation immediately on that day, the BD staff met with the RSE on the following day (September 27) and requested him to submit a detailed investigation and remedial works report, including the need for additional sampling tests to determine whether similar situations existed on other floors of Tower 3 and in other towers.
To facilitate the investigation requested by the BD, works of the Anderson Road development project have been suspended since September 28. In addition to the investigation and remedial works report, the BD also requested for a proposal to strengthen site supervision, and the site works cannot be resumed until the BD is satisfied with the report and proposal.
The BD is continuing its investigation into the incident and will consider appropriate enforcement action upon receipt of the RSE's report on the incident.
The BD is also reviewing the superstructure works in seven other private developments being carried out by the same contractor, and will step up site inspections to check their site safety and quality of works.
Of the eight private development projects mentioned above, four were taken over from Aggressive Construction Engineering Limited (ACEL), which was removed from the register of general building contractors in November last year. The RC involved in the incident was another independent RC. Under the BD's registration system, an RC must have a suitable authorized signatory (AS) to supervise the works. The AS of the RC involved in this incident was not the AS of ACEL, whose name was removed during the processing of its application for registration renewal last year. The delisted AS could not act on behalf of an RC for the purposes of the BO unless he attended the interview again and passed the assessment of the Contractors Registration Committee.
The spokesman reiterated that the BD attaches great importance to the safety and quality of building works. Whichever contractor is involved, the construction works are subject to stringent control under the existing system. The BO stipulates that registered building professionals and RC must properly supervise the works, including ensuring the carrying out of building works in accordance with the approved plans. If registered building professionals, RC and their technically competent persons identify any non-conformities, they must follow the requirements set out in the Code of Practice for Site Supervision 2009 (2024 Edition) and initiate the relevant procedures and rectify. The BD will conduct audit inspections at the critical stages of the building works, witness on-site tests, and review relevant certification documents for quality control.
The Anderson Road development project comprises six multi-storey residential towers, three of which (Towers 1, 2 and 3) are 32 storeys in height, while the remaining three (Towers 5, 6 and 7) are 24 storeys in height. Superstructure works for all six towers were underway, with the concreting works completed at various levels ranging from 22 to 29 storeys. Nine single-storey houses will also be built in the development.
