ENVIRONMENTAL LAWS IN HONG KONG: COMPARISON AND IMPROVEMENTS FOR SINGAPORE

Abstract

As the number of development projects in Singapore steadily increases, together with a rise in green groups paying more attention to potential environmental impacts of these projects, the role of an Environmental Impact Assessment (“EIA”) study is becoming imperative. EIA studies ought to be conducted for proposed developments for the government to make informed decisions after considering potential environmental impacts. The purpose of this research is to improve the EIA system in Singapore, while comparing to the one in Hong Kong Special Administrative Region of the People's Republic of China, here on known as Hong Kong. Interviews were conducted with industrial experts familiar with the current EIA system in Singapore. The responses were similar in identifying the absence of legal legislation as the reason for lack of EIAs in Singapore and suggested more can be done to improve the current EIA system. A comparative study analysis is also carried out between Singapore’s Environmental Protection and Management Act (Chapter 94A) (Rev. Ed. 2002) (“EPMA”) and Hong Kong’s Environmental Impact Assessment Ordinance (Chapter 499) (“EIAO”). Differences between the two legislation will be highlighted and thereafter, potential application of the differences to Singapore’s context is provided. From the comparative analysis, it is noted that Singapore’s EPMA is less comprehensive in providing provisions to govern the EIA system and can be further improved. Recommendations to improve the current EIA system and EPMA were provided after considering suggestions provided by the interviewees and using Hong Kong’s EIAO as a reference. Henceforth, this research will suggest improvements to refine the current EIA system while highlighting lessons which can be learnt from Hong Kong’s EIA system and legislation.