ISE04/14-15

Background

• In the light of a series of fatal accidents caused by the collapse of trees, there is wide public concern about the Government's tree maintenance work. At present, there are a number of ordinances^{1Legend symbol denoting Relevant ordinances include Forests and Countryside Ordinance (Cap. 96), Country Parks Ordinance (Cap. 208), Public Health and Municipal Services Ordinance (Cap. 132), Crimes Ordinance (Cap. 200), Theft Ordinance (Cap. 210), Summary Offences Ordinance (Cap. 228) and Antiquities and Monuments Ordinance (Cap. 53).} in relation to tree protection on government and private land. Management of trees on government land is a shared responsibility of different government departments.^{2Legend symbol denoting Government departments responsible for the land or the facilities where the trees are located are at the same time responsible for the trees on the land/facilities concerned.} The Tree Management Office^{3Legend symbol denoting The Tree Management Office, established in 2010 under the Development Bureau, is responsible for (a) coordinating departmental tree management, (b) developing industry standards and guidelines, (c) pioneering research work, and (d) enhancing the tree complaint handling mechanism and emergency response system.} serves as a focal point for coordination of government departments with regard to trees but when trees on government land are identified with health or other problems, they will be referred to the relevant government departments for follow up. Indeed, the recent report of the Director of Audit points out a number of problems in the current tree management regime. For instance, the report notes that there have been disagreements among government departments over the delineation of maintenance responsibilities for roadside trees. Such disagreements have affected the handling of tree complaints and other tree management work.^{4Legend symbol denoting See Chapter 6, Report No. 63 of the Director of Audit, 30 October 2014.} It is also reported that heritage trees are being felled at a faster rate today than they were before the establishment of the Tree Management Office in 2010.^{5Legend symbol denoting According to the press report, at least 71 heritage trees had died or been removed since the Register of Old and Valuable Trees was established in 2004. Of these 71 heritage trees, 41 had gone since the establishment of the Tree Management Office in 2010, i.e. an average attrition rate of 10 trees a year. However, in the five years before the Tree Management Office was set up, only 30 trees were removed, i.e. an average of six trees a year. See "Valuable trees being chopped, not rescued", South China Morning Post, 3 November 2014.}
• For trees on private land, it is the responsibility of property owners to take appropriate measures for them. The Office of The Ombudsman notes that at present, there is neither a requirement for private property owners to maintain and take care of trees properly, nor empowerment of the Government to order relevant parties to prune or remove dangerous trees. Recently, a number of trees in Tung Ping Chau had been cut down by a group of villagers in an attempt to show their discontent with a government policy. Since only a small percentage of land leases have incorporated the tree preservation clause, there is a call for the Government to critically review the need to introduce legislation for mandatory maintenance and protection of trees on both government and private land.

Tree ordinance and tree management strategy

• A tree ordinance provides a legal framework for the proper management of trees. It may be a (a) street tree ordinance covering the planting and removal of trees within public rights-of-way, including private trees which pose a hazard to the pedestrians; and/or (b) tree protection ordinance providing protection for native trees or trees with historical significance.
• A tree ordinance usually comes together with a tree management strategy. While a tree ordinance empowers the responsible authority to regulate tree management work on government and private land, a tree management strategy provides a strategic direction and sets out guidelines and procedures for tree management in a sustainable manner. It usually follows a holistic approach covering planning, planting, maintenance and removal of trees. The ensuing paragraphs summarize the main features of a tree management strategy.

Tree maintenance

• Tree maintenance normally consists of three components:
  
  

  (a)	Tree register: it is a database that records the location, species, condition, values and risks of trees on both government and private land. It helps the responsible authority or its agents manage the trees by providing information for appropriate follow up action;
  (b)	Routine maintenance: the objective of routine maintenance is to ensure that trees would remain healthy, structurally sound and develop minimal failures. Tree maintenance works are often carried out by qualified personnel or under the supervision of qualified personnel; and
  (c)	Risk assessment and management: it involves identifying, assessing and prioritizing risks, as well as implementing risk control measures. A good tree management strategy will subject all trees to regular inspections and risk assessment exercises, irrespective of whether the trees are on government or private land. When problematic trees are identified or reported, prompt response will be taken to mitigate the risk.

Tree protection

• It consists of two major components:
  
  

  (a)	Registration of heritage trees: details such as species, location, significance, health and physical conditions are updated regularly in a register made known to the public. Management of such trees is usually performed by qualified personnel or under the supervision of qualified personnel; and
  (b)	Tree preservation: tree preservation ensures that heritage trees would be well protected and would not be easily removed unless there is the risk of hazard from trees which many cause threat to life or property and there is no other risk mitigation measure feasible.

Planning and tree planting

• It consists of two components:
  
  

  (a)	Development planning: developers may be required to provide green plans for development projects. Prior application and approval may also be required before cutting down trees on government and private land; and
  (b)	Tree selection and planting: the golden rule in arboriculture is "the right tree in the right place". Guidelines for appropriate planning, proper identification of planting locations, suitable design and careful selection of tree species are usually provided in the tree management strategy.

Supportive measures

• (a)	Training: tree management, in particular tree risk assessment, is a professional task and training is essential to ensure that all these works are performed by personnel with appropriate skills and qualifications; and
  (b)	Public engagement: the local community plays an important role in tree management and preservation. Activities which can help foster an attitude of protecting the environment and caring for the trees should be organized to gain greater support of the community in tree management and preservation.

Responsible authority

• It is common in overseas places that the responsibility for routine tree maintenance is shared by a number of government departments. However, to ensure that all trees are managed properly, tree ordinances in overseas places always empower one government department/statutory body to regulate management of trees on both government and private land.^{6Legend symbol denoting For example, the National Parks Board in Singapore, the Forestry Commission in England and the forestry department in various states in the United States are the "manager" of trees in the respective places.}

Concluding remarks

• Tree management and maintenance should not be tackled in isolation. It requires a comprehensive strategy to address issues such as development needs, environmental protection and quality living. It may also require an agency endowed with appropriate power to enforce and implement tree management and protection measures. Last but not least, it may also need a tree ordinance to provide the legal basis for enforcing and regulating tree management and maintenance on both government and private land. Our next issue of Essentials entitled "Tree management in Singapore and Tokyo" will discuss in detail the implementation arrangements of tree maintenance and protection works in Singapore and Tokyo.

Prepared by Yuki HUEN
Research Office
Information Services Division
Legislative Council Secretariat
11 February 2015