Whale saga shows up murky legal waters

The death of a juvenile Bryde's whale off Sai Kung showed the SAR has room for improvement in dealing with similar situations, Secretary for Environment and Ecology Tse Chin-wan said.

But he denied the administration intervened too late.

Tse's denial came as the carcass of the whale was trucked away yesterday from High Island Reservoir's west dam in Sai Kung following a necropsy and sampling.

Tse said experts would examine whether the death was caused by it running out of oxygen or the fresh wound on its back, adding the result will be out in a few weeks.

In denying criticism that officials had acted too slowly, he said the Agriculture, Fisheries and Conservation Department contacted Ocean Park immediately upon learning the whale was here.

But he admits Hong Kong does not have a standard protocol for handling such situations and had to consult experts.

"There was no standard protocol, procedures or expert opinions [on how to handle whales]. So we can prepare some pre-plans in advance so we no longer have to go through all procedures, which will enhance efficacy," he said.

But Tse said it is difficult for authorities to set up a restricted area banning boats from entering to protect the whale. "[To set up a no-boat zone,] we will have to go through legislative procedures, obtain the Legislative Council's approval and publish gazette notice, which will take months," he said.

The government will review the law to give the AFCD more powers to handle emergency situations, he said.

Legco member Doreen Kong Yuk-foon said officials took too long and missed out on chances to save the whale during critical periods.

Although the administration should respect expert opinions, it should still take a strong stance and make a prompt decision instead of waiting for experts holding different views to reach an agreement, she said.

Kong also said the government could consider prosecuting those who chased the whale according to the Wild Animals Protection Ordinance, which bars any person from "hunting or wilfully disturbing" wild animals.

"People who continued to go whale watching after the government warned people not to do so, as well as boat owners who got close to it knowing they would hurt it, [should be held accountable] if there is evidence," she said.

Lydia Pang Lee-yan, interim head of oceans conservation at World Wide Fund For Nature Hong Kong, suggested Port Shelter, where the whale was spotted, should be designated a protected marine area.