Muddying the Waters? The Water Pollution Control Ordinance and Defining Pollution of Rivers and Streams in Hong Kong

Hong Kong Law Journal, Vol. 34, No. 3, p. 481, 2004

Posted: 29 Aug 2006

See all articles by Amanda Whitfort

Amanda Whitfort

The University of Hong Kong - Faculty of Law

David Dudgeon

Department of Ecology and Biodiversity, The University of Hong Kong

Abstract

In this article the authors consider whether the dictionary definition of pollution adopted by the Court of First Instance in The Secretary for Justice v Flame Construction Company Limited and Others is appropriate and, in particular, whether the definition can sustain prosecutions for common types of discharges which are damaging to rivers and streams. Emphasis is placed on the difficulty of demonstrating unequivocally that ecological "harm" is caused by discharges, as this has important implications for laws that are intended to protect the environment. The authors conclude that without an amendment to the Water Pollution Control Ordinance that would provide an appropriate definition of pollution, effective prosecutions for the pollution of rivers and streams in Hong Kong cannot be pursued.

Suggested Citation

Whitfort, Amanda and Dudgeon, David, Muddying the Waters? The Water Pollution Control Ordinance and Defining Pollution of Rivers and Streams in Hong Kong. Hong Kong Law Journal, Vol. 34, No. 3, p. 481, 2004, Available at SSRN: https://ssrn.com/abstract=926730

Amanda Whitfort (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01288

David Dudgeon

Department of Ecology and Biodiversity, The University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
692
PlumX Metrics