Measures on Tree Preservation

Ordinances

There are at present relevant ordinances for protection of trees on Government and private land, including but not limited to –

Although we have a comprehensive package of legislative measures for tree protection, we will closely monitor the situation and formulate measures for further improvement if necessary.

Administrative Measures

The Government is fully committed to protecting trees on government land, ensuring that no tree should be unnecessarily felled or transplanted in public works projects. According to the DEVB Technical Circular (Works) on Tree Preservation, works departments are required to submit to the District Lands Officer (DLO) an application for tree felling or transplanting before commencement of the works, together with the related tree survey plan and a tree assessment schedule, clearly listing information such as the location, species, height, tree crown spread, trunk diameter and health condition of the trees. Moreover, the application should provide a detailed compensatory planting proposal. The DLO would only approve the works departments to prune, transplant or fell the affected trees if the applications receive no objection from the relevant departments which provide expert advice to LandsD according to the Technical Circular on Tree Preservation. For some special or sensitive cases, the DLO would submit the application to the District Lands Conference for deliberation and approval.

Also, we have incorporated regulatory conditions into public works contracts requiring enhanced protection to the trees to be preserved within the works areas. Regarding the regulatory measures to prevent ineffective tree preservation or illegal tree felling by the contractors, we will require the contractors to pay for replanting a specified number and size of trees for replacement of the original ones. The contractors’ performance will be reflected in the performance report which may affect their chances of securing future tender for public works contracts. Furthermore, a contractor should pay to the government for the cost of repair and maintenance incurred if a tree on the register of old and valuable trees has been felled or damaged. An adverse report will be given on contractor's performance and we will also consider disqualifying this contractor from tendering of public works contracts in future.

To enhance protection of trees on government land, we have compiled a register of old and valuable trees for priority preservation. The register was uploaded to the internet in September 2004 for public access. A technical circular on additional procedures for preservation of registered old and valuable trees has been promulgated. Felling of registered trees is prohibited unless under exceptional circumstances and with prior agreement from both Development Bureau and the LandsD.

We will continue to promote community and public participation in greening, and will cooperate with the private sector to facilitate urban greening schemes. We will step up publicity on greening through disseminating messages about a green environment on the television/radio/newspapers and magazines, as well as organizing tree planting activities to encourage public participation. We will also arrange educational talks in schools and invite District Councils to organize local activities so as to reinforce the message of environmental protection/greening.

Trees on private land

Trees on private land are protected by specific preservation clauses incorporated into land leases since the early 1970s. Permission to remove trees will not normally be granted unless good cause is shown and fully justified. In case of unauthorized tree felling on private land under lease control, the LandsD will impose a penalty land premium and requirement for compensatory planting. It may also re-enter a piece of land where lease conditions are breached. For private land leased before the 1970s, the LandsD will seek every opportunity to include a tree preservation clause through lease modifications should the lot owner apply for redevelopment of the site. Furthermore, an updated Practice Note has been promulgated in June 2023 to strengthen the control on tree felling application in private projects.