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The recent government proposal to restructure the
Environment Bureau envisages that the Permanent Secretary for the
Environment will double up as the Director for Environmental
Protection (DEP), and that this post will effectively be taken up by
an Administrative Officer. As civil society groups dedicated to a
better environment, we believe that such arrangement will be harmful
to the public interest for the following reasons:
Much of the work of environmental protection and conservation best
practice and even policy-making is necessarily within the area of
specialist professional scientific and engineering expertise. In
such areas, it is essential that the most careful consideration be
given to which posts should be filled by professional grades and if
necessary, the appropriate rank or status accorded to them. The DEP
is the top expert within the government to offer professional advice
to the Chief Executive in Council and to other government
departments with regard to all issues related to the environment.
Therefore this post should only be taken up by a professional
scientist or engineer with relevant training, expertise and
credibility in the subject matter concerned.
It is clear that the statutory functions and powers of the Director
of Environmental Protection under the Environmental Impact
Assessment Ordinance require that the post of Director be filled by
a person with the necessary professional and technical expertise. It
is therefore inappropriate that the post should be twinned with that
of the Permanent Secretary and be filled by one person who does not
have the requisite professional and technical expertise. That the
post of Director is and is intended to be independent is clear from
section 3 which requires the Director to report to the Chief
Secretary for the Administration any act or failure in contravention
of the Ordinance on the part of any public officer.
A constant turnover of administrative officers who have little
understanding of the issues involved fails to ensure the necessary
continuity and advocacy for this most important work of Government
and will eventually lead to the erosion of professional expertise to
the detriment of the public interest. Such an official will also not
be able to command the necessary respect from civil society groups
which are essential partners of the government to fulfill its
mission of environmental protection.
We appeal to the government to ensure that the post of Director of
Environmental Protection is separate from the post of Permanent
Secretary and be filled by a professional staff with the necessary
technical expertise required to offer impartial advice to the
government, and to carry out the statutory duties imposed upon the
Director under the EIA Ordinance. This cannot and should not to be
performed by someone wearing two hats. We also urge the government
to apply the same principle to Agricultural, Fisheries and
Conservation Department, and appoint a professional scientist to
take up the directorship.
Co-signatories: (In alphabetical order)
Clear the Air
The Conservancy Association
Green Lantau Association
Green Sense
Green Student Council
The living Islands Movement
WWF Hong Kong |
