Guangdong, Hong Kong, and Macao Report Significant Air Quality Improvements in 2023, Despite Ozone Levels Stagnating.

Guangdong-Hong Kong-Macao Pearl River Delta Regional Air Quality Monitoring Network results for 2023 released

Guangdong, Hong Kong and Macao jointly released today (December 11) a report on air quality in 2023 under the Guangdong-Hong Kong-Macao Pearl River Delta Regional Air Quality Monitoring Network (the Network) which indicates a long-term and significant downward trend of various air pollutants, namely sulphur dioxide (SO2), nitrogen dioxide (NO2), carbon monoxide (CO), respirable suspended particulates (RSPs, PM10) and fine suspended particulates (FSPs, PM2.5) concentrations.

The report reveals that 2023 annual average concentrations for these parameters have declined between 17 per cent and 86 per cent from their peak levels (shown in Annexes 1 and 2). The decline well demonstrates the effectiveness of emission reduction measures implemented across the three places in improving air quality in the Pearl River Delta region. However, ozone (O3) annual average concentrations have remained stagnant in recent years, indicating the need for alleviation of the regional photochemical pollution. In response, the study on "Characterization of photochemical ozone formation, regional and super-regional transportation in the Greater Bay Area" was carried out accordingly and concluded in early 2024, providing scientific data for further understanding on the causes and regional and super-regional transport characteristics of ozone within the region.

The Hong Kong Special Administrative Region (HKSAR) Government has continued to implement various air pollutant emission control measures covered in the Hong Kong Roadmap on Popularisation of Electric Vehicles (EVs), the Clean Air Plan for Hong Kong 2035 and Hong Kong's Climate Action Plan 2050 on marine and land transport, power plants and non-road mobile machinery to enhance air quality. Since 2019, Hong Kong has collaborated with Greater Bay Area cities to establish a domestic marine emission control area in the Pearl River Delta, requiring all vessels to use compliant fuel within Hong Kong waters while sailing or at berth. Ocean-going vessels are also required to use cleaner fuel while at berth. Furthermore, the HKSAR Government is preparing to amend the Air Pollution Control (Marine Light Diesel) Regulation and tighten the cap on the sulphur content of locally supplied marine light diesel from 0.05 per cent to 0.001 per cent.

For vehicles, the HKSAR Government is committed to phasing out approximately 40 000 Euro IV diesel commercial vehicles progressively by the end of 2027 through a subsidy scheme. The Government deploys roadside remote sensing equipment to control exhaust emissions from vehicles. New registrations of fuel-propelled private cars including hybrids will cease in 2035 or earlier, and approximately 700 electric buses and 3 000 electric taxis will be introduced by end-2027. The HKSAR Government has been actively implementing various measures to promote green transformation of vehicles, and is striving towards zero vehicular emissions by 2050. These efforts have produced early results, with the number of EVs in Hong Kong increasing roughly sevenfold in five years, from about 14 000 in 2019 to over 102 000 in September 2024.

Guangdong Province published and implemented the "Notice on Implementation of Monitoring Requirements on Fugitive Emission of volatile organic compounds (VOCs) from Factories Issued by Department of Ecology and Environment of Guangdong Province", the "Notice on Strengthening Control of VOCs Emissions in Storage and Transportation of Oil Depots and Petrochemical and Chemical Enterprises", the "Notice on Further Reduction of Nitrogen Oxides from Stationary and Mobile Sources issued by Department of Ecology and Environment of Guangdong Province", and the "Notice on Strengthening Environmental Control on Diesel Trucks of Key Vehicle-using Enterprises", as well as promulgating the local standard "Integrated Emission Standard of VOCs for Stationary Pollution Source" (DB44/2367-2022). Guangdong Province launched the hierarchical management of VOCs-related enterprises, enhanced the total VOCs management, advanced the control of industrial boilers and furnaces, upheld a co-ordinated approach across vehicle regulations, fuel standards, roadway management, and enterprise compliance to strengthen emissions regulations for diesel trucks operated by key enterprises, conduct compliance checks on new vehicles, improve emissions management for non-road mobile machinery and carry out regular sampling and inspection of the fuel quality and emissions of engineering machinery.

The Macao Special Administrative Region (Macao SAR) Government has been committed to improving air quality. In 2023, the Government of the Macao SAR announced the Long-Term Decarbonization Strategy of Macao and a related specific plan, the Electric Vehicle Promotion Plan of Macao. By promoting the implementation of these strategies and plans, significant reductions in air pollutants and greenhouse gas emissions are expected. The Macao SAR Government also continues to advance various measures on vehicular tailpipe emissions, the promotion of environmentally friendly vehicles, and the control of VOCs. These measures include reviewing and optimising tailpipe emission standards for both newly imported and in-use vehicles, encouraging vehicle owners to phase out high-polluting old vehicles through the Subsidy Scheme for Phasing out Old Motorcycles with Replacement of New Electric Motorcycles and the Subsidy Scheme for Phasing Out Old Diesel Vehicles, promoting the use of electric vehicles and enhancing related ancillary facilities, implementing import controls on high-VOC automotive repair paints and varnishes, and continuously advancing the study on regulation of other products containing VOCs at a high level.

The Network comprises a total of 23 air monitoring stations in Guangdong, Hong Kong and Macao. The Ecological and Environmental Monitoring Centre of Guangdong, the Environmental Protection Department (EPD) of Hong Kong, the Macao Environmental Protection Bureau and the Macao Meteorological and Geophysical Bureau are responsible for the co-ordination, management and operation of the monitoring stations in the respective places and the release of quarterly and annual monitoring results. The relevant reports are available at the following websites:

The Guangdong-Hong Kong-Macao Regional Air Quality Monitoring Information System (gdeem.cn:20047/#/);

The Department of Ecology and Environment of Guangdong Province (gdee.gd.gov.cn);

The EPD of Hong Kong (www.epd.gov.hk); and

The Macao Environmental Protection Bureau (www.dspa.gov.mo) or the Macao Meteorological and Geophysical Bureau (www.smg.gov.mo).

LC: Speech by CS for proposed resolutions moved under Legal Aid Ordinance and Criminal Procedure Ordinance

Following is the speech (translated from Chinese) by the Chief Secretary for Administration, Mr Chan Kwok-ki, for the proposed resolutions under the Legal Aid Ordinance (LAO) and the Criminal Procedure Ordinance in the Legislative Council (LegCo) today (December 11):

Mr President,

I move that my first motion, as printed on the Agenda, be passed to adjust the financial eligibility limits (FELs) for legal aid applicants. Later, I will sequentially move that the other two legal aid-related motions as printed on the Agenda be passed, seeking to adjust the Director of Legal Aid (DLA)'s First Charge and make the Legal Aid in Criminal Cases (Amendment) Rules 2024 to adjust the criminal legal aid fees respectively.

First, I introduce the first Resolution.

Legal aid services form an integral part of the legal system in Hong Kong. The policy objective of legal aid is to ensure that all those who comply with the regulations of the LAO and have reasonable grounds for pursuing or defending a legal action in the courts of Hong Kong will not be denied access to justice due to a lack of means. All legal aid applicants must satisfy both the means test and merits test as provided for in the LAO.

Currently, there are two legal aid schemes under the Legal Aid Department (LAD), namely the Ordinary Legal Aid Scheme (OLAS) and the Supplementary Legal Aid Scheme (SLAS). Different FELs are set for the two schemes in accordance with sections 5 and 5A of the LAO respectively. Pursuant to section 7(a) of the LAO, the LegCo may by resolution amend the relevant FELs.

Pursuant to the mechanism established in 1999, FELs are subject to review annually by making reference to the Consumer Price Index (C) (CPI(C)). According to the latest round of review, for the reference period from July 2023 to July 2024, the CPI(C) has increased by two per cent. Hence, we propose to adjust the FELs upwards by two per cent, namely:

(a) from $440,800 to $449,620 for OLAS; and

(b) from $2,204,030 to $2,248,110 for SLAS.

Mr President, I now introduce the second Resolution.

If a legally aided person is successful in recovering or preserving any money or property in the proceedings concerned, DLA has the right to retain thereunder such sums required for recovering the costs and other expenses incurred by LAD for the legally aided person under section 18A(1) of the LAO. Such right is called the DLA's first charge. However, according to section 18A(5) of the LAO, the DLA's first charge does not apply to the first $9,540 of each monthly payment of maintenance payment. Separately, when DLA is satisfied that the exercise of the DLA's first charge would cause serious hardship to the legally aided person, DLA may in accordance with the principles of fairness and justice exercise discretion to reduce the amount to be retained, provided that the sum to be reduced does not exceed the cap as specified in section 19B(1)(a) of the LAO.

Pursuant to section 22A of the LAO, LegCo may, by resolution, amend the rate of maintenance payments that is exempted from the DLA's first charge, as well as the cap on the amount by which may be reduced in cases of serious hardship.

In response to the increase in CPI(C) by two per cent for the reference period from July 2023 to July 2024 as mentioned above, we propose to accordingly adjust the two above-mentioned specific amounts upwards by two per cent, namely:

(a) the amount specified in section 18A(5) upwards from $9,540 to $9,730, and

(b) the cap on the amount specified in section 19B(1)(a) upwards from $114,140 to $116,420.

Mr President, my third Resolution seeks to make the Legal Aid in Criminal Cases (Amendment) Rules 2024 (Amendment Rules) to adjust the criminal legal aid fees.

At present, LAD pays fees to counsel and solicitors in private practice engaged to undertake litigation work for criminal cases on its behalf (i.e. criminal legal aid fees). The fees are stipulated in the Legal Aid in Criminal Cases Rules (the Rules). Pursuant to section 9A(1) of the Criminal Procedure Ordinance, any amendment to the Rules for adjusting the criminal legal aid fees are subject to the approval of the LegCo.

On the other hand, to ensure that neither LAD nor the Department of Justice (DoJ) would have unfair advantage in competing for the same pool of lawyers, DoJ draws reference to the same scale of fees to engage counsel and solicitors in private practice to appear for the prosecution in criminal cases (i.e. prosecution fees). Duty lawyer fees will be paid to lawyers who provide legal representation to defendants in Magistrates' Courts and Juvenile Courts through the Duty Lawyer Service.

Pursuant to the mechanism established in 1992, the fees mentioned above (i.e. criminal legal aid fees, prosecution fees and duty lawyer fees) are subject to review on a biennial basis to take into account changes in CPI(C) during the reference period.

According to the latest biennial review, the CPI(C) for the reference period (i.e. July 2022 to July 2024) increased by 3.9 per cent. As such, we propose to adjust the Fees upwards by 3.9 per cent accordingly.

We have informed the LegCo Panel on Administration of Justice and Legal Services of the outcome of the reviews regarding the proposed adjustments in the three resolutions mentioned above via an information paper in October 2024. Members raised no objection to the proposed increase. Subject to LegCo's approval of the Resolution, we will implement the proposal upon gazettal of the Resolution.

Separately, when LAD implements the increased criminal legal aid fees, the Government will accordingly adjust the scale of prosecution fees and duty lawyer fees administratively.

I appeal for Members' support for the above three Resolutions. Thank you, Mr President.