Evaluating Hong Kong's air pollution legislation and policies

Abstract

Air pollution is a major environmental problem that poses numerous health risks to those exposed to it. The adverse health effects are compounded in a place as dense as Hong Kong and further intensified due to its proximity to industrial and manufacturing plants across the border in Mainland China. Hong Kong has attempted to address the issue of air pollution through the enactment of legislation and policies such as the 1983 Air Pollution Control Ordinance and Air Quality Objectives, but so far these measures have not proven to be particularly effective. The new Air Quality Objectives are not as stringent as claimed by the Environmental Protection Department, the legal system is limited in enforcing air pollution legislation, and the Air Pollution Control Ordinance itself is flawed at best and requires urgent attention.

An examination of the air pollution legislation and policies of overseas jurisdictions such as Ontario, California, and Tokyo show that these regions have made significant progress in addressing air pollution by prioritizing public health and utilizing a variety of measures to reduce air pollution. Ontario’s Environmental Protection Act gives the Ministry of the Environment numerous ways to deal with polluters and the Environmental Bill of Rights helps facilitate public participation in environmental decision-making by granting the public the right to apply for an investigation or review of existing legislation and policies. California’s Air Resources Board has been commended for enacting air pollution regulations that are more stringent than national standards and many states have adopted the Golden State’s standards as their own. In Japan, government, corporate, and public responsibilities for reducing air pollution and protecting the environmental are outlined in the Basic Environmental Law. Legislation providing compensation to victims of pollution as well as the use of a Total Mass Emissions Control system has helped the country achieve an extraordinary rate of compliance with national air quality standards.

By studying, modifying and applying air pollution control legislation and policies being used in the three jurisdictions to its own Air Pollution Control Ordinance and air pollution control management as a whole, Hong Kong can be better prepared to protect public health and it’s environment in the future.