Press
Release
Enforcement against illegal import of e-waste enhanced
A spokesman for the Environmental Protection Department (EPD) today (July 15) reminded importers, cargo owners and relevant parties that import and export of hazardous electronic waste (e-waste) such as used computer monitors and TV sets with cathode ray tubes (CRT) were subject to permit control under the Waste Disposal Ordinance (WDO).
Three conviction cases were recorded in June 2005 for importing waste monitors containing CRT without a permit issued by the EPD. A woman and a company, which had two convictions, were fined $40,000 and $20,000 respectively.
In both trials, the defendants held that the waste monitors in question were brought from overseas through normal commercial transactions and should not be regarded as "waste" under the WDO as they could easily be repaired and brought into use again.
The argument was rejected by the court which, having considered that the monitors had already been abandoned, decided that they fell within the scope of "waste" under the WDO.
The court further ruled that it was immaterial whether the monitors could be easily repaired to bring them back into use or whether they had any intrinsic monetary value.
It was noted that the meaning of "waste" should be given a broader purview in order to reverberate the purpose of the legislation in controlling the import of hazardous waste.
In addition to the sentence at court, importers or responsible parties had to arrange the illegal shipments to return to the exporting countries on their own and bore all the cost incurred in this relation.
Apart from the three conviction cases mentioned above, the court also convicted in June a man who failed to follow the instruction given by the authority to send the imported waste monitors back to the exporting country upon conviction of an earlier import offence; he was sentenced for two months' imprisonment suspended for 12 months together with a fine of $10,000.
"These successful conviction cases exemplified the determination and efforts of the EPD to curb illegal transboundary movements of hazardous e-waste," the spokesman said.
"The EPD has stepped up enforcement action and also closely collaborated with government departments, control authorities of the Mainland and other relevant countries and international intelligent agencies to intercept illegal smuggling of hazardous e-waste," he added.
Last year, a total of 83 importing shipments suspected to be containing hazardous e-waste were intercepted under the joint enforcement actions. Among them, 52 prosecutions were initiated.
Under the WDO, any person who imports or exports hazardous e-waste without a valid permit issued by the EPD is liable to a maximum fine of $200,000 and six months' imprisonment for the first offence, and $500,000 and two years' imprisonment for subsequent offences.
Ends, Friday, July 15, 2005
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