The Environment Consultant

This post presents an overview of the Environmental Regulatory Framework in the Hong Kong Special Administrative Region (HKSAR).

The regulatory framework is typically presented as a dedicated chapter within environmental studies such as Strategic Environmental Assessments (SEA), Environmental and Social Impact Assessments (ESIA/EIA), Environmental Monitoring and Audit (EM&A) Manuals, and Environmental and Social Management Plans (ESMP).

This overview outlines the key policies, ordinances, technical memoranda, and guidelines relevant to the preparation of EIAs and environmental permits under Hong Kong’s statutory EIA system.

The framework presented below captures the primary environmental legislation and implementing regulations applicable in Hong Kong and is structured to reflect the style commonly adopted in formal environmental documentation.

As with all regulatory reviews, not all legislation is applicable to every project, and assessment reports should clearly justify the inclusion or exclusion of specific ordinances based on the project scope, location, and activities.

Regulatory Framework

The Environmental Regulatory Framework in Hong Kong comprises primary ordinances, subsidiary regulations, technical memoranda, administrative guidelines, and international agreements applicable to the HKSAR.

These instruments govern environmental protection, pollution control, nature conservation, and sustainable development, and provide guidance to project proponents throughout the planning, construction, and operational phases of development.

National (Territorial) Regulations

Under the Basic Law of the Hong Kong Special Administrative Region, environmental protection forms part of the Government’s responsibility to safeguard public health and quality of life. While the Basic Law does not contain a single consolidated environmental article, it empowers the HKSAR Government to enact and enforce laws to protect the environment in accordance with the principle of sustainable development.

Environmental Authorities

Environmental governance in Hong Kong is primarily led by the Environment and Ecology Bureau, with implementation and enforcement undertaken by the Environmental Protection Department, in coordination with other departments such as the Agriculture, Fisheries and Conservation Department, Civil Engineering and Development Department, and Marine Department.

• The Environment and Ecology Bureau (EEB) is the lead policy authority responsible for formulating Hong Kong’s environmental, climate, nature conservation, and sustainability policies. The EEB does not typically engage in day-to-day regulatory enforcement, but instead provides policy leadership and oversight to the departments responsible for implementation.
• The Environmental Protection Department (EPD) is the primary regulatory, permitting, and enforcement authority for environmental protection in Hong Kong. The EPD reviews and approves EIA Reports, issuing Environmental Permits (EPs), and monitoring permit compliance.
• The Agriculture, Fisheries and Conservation Department (AFCD) is responsible for nature conservation, biodiversity management, and protection of ecological resources. Key functions include managing and protecting Country Parks, Special Areas, Marine Parks, and Marine Reserves; providing ecological input to EIAs, maintaining biodiversity databases, and overseeing implementation of the Hong Kong Biodiversity Strategy and Action Plan (BSAP).
• The Civil Engineering and Development Department (CEDD) acts as both a project proponent and technical authority, particularly for large-scale infrastructure and land development projects. CEDD plays a key role in ensuring that major public works projects comply with environmental requirements throughout their lifecycle.
• The Marine Department is responsible for the regulation of marine traffic, port operations, and maritime safety, with an important role in protecting the marine environment.

Environmental Impact Assessment Ordinance (EIAO)

The cornerstone of Hong Kong’s environmental regulatory framework is the Environmental Impact Assessment Ordinance (EIAO; Cap. 499), enacted in 1997 and fully implemented in 1998. Formal changes and updates have been included in the 2021 amendment of the EIAO.

The EIAO establishes a statutory system for assessing the environmental impacts of designated projects prior to their construction and operation. It aims to ensure that environmental considerations are integrated into project planning and decision-making at an early stage.

Key Features of the EIAO

• Mandatory Environmental Impact Assessment for designated projects listed under Schedule 2 and Schedule 3 of the Ordinance, for example roads over 100 m, airport and port facilities, marine infrastructure works, energy supply, water extraction and supply, sewage and waste facilities, mining and industrial facilities, etc.
• Requirement to obtain an Environmental Permit (EP) prior to construction and operation
• Public consultation and disclosure during the EIA process
• Establishment of an Environmental Monitoring and Audit (EM&A) framework
• Legal enforcement mechanisms, including fines and imprisonment for non-compliance

Structure of the EIAO Process

The EIAO system is implemented through a combination of the Ordinance, Technical Memoranda, and administrative guidelines. The EIA process can be considered under the six main stages, namely screening, scoping, reporting, reviewing, decision-making and monitoring. Key phases for these stages include:

1. Project Profile Submission: The project proponent submits a Project Profile outlining the nature, scope, and potential environmental impacts of the designated project. This information is used by the EPD to determine key environmental issues and whether an EIA study is required.
2. EIA Study Brief Issuance: based on the project profile, the EPD issues an EIA Study Brief specifying the scope, objectives, and technical requirements of the EIA study.
3. EIA Study Preparation: The proponent conducts the EIA study in accordance with the Study Brief and the Technical Memoranda, assessing impacts and proposing mitigation measures.
4. Public Inspection and Consultation: the EIA Report is made available for public inspection, allowing the public and stakeholders to submit comments within a statutory period. Public views are considered alongside professional input to enhance transparency and accountability.
5. Advisory Council on the Environment (ACE) Review: The EIA Report and public comments are reviewed by the ACE, which provides independent advice to the Director of Environmental Protection.
6. Approval of EIA Report and Environmental Permit Issuance: upon approval, an Environmental Permit is issued, setting out legally binding conditions and mitigation measures that must be implemented during the project.
7. Environmental Monitoring and Audit (EM&A): an EM&A program is carried out during construction and operation to verify compliance with permit conditions and the effectiveness of mitigation measures. Monitoring results are reported regularly and are available for public scrutiny to make comments and complaints about projects, requesting corrective actions if needed.

Technical Memoranda under the EIAO

The EIAO is supported by several Technical Memoranda (TM) which define assessment methodologies, criteria, and standards:

• Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM) defines assessment methodologies, evaluation criteria, and impact acceptability thresholds.
• Technical Memorandum on Environmental Monitoring and Audit (EM&A TM) establishes requirements for monitoring, reporting, and compliance auditing during construction and operation.
• Technical Memorandum on Permits under Section 16 of the EIAO governs the issuance, variation, suspension, and cancellation of Environmental Permits.

Other Major Environmental Ordinances

In addition to the EIAO, Hong Kong maintains a comprehensive suite of media-specific pollution control and conservation ordinances, including:

• Air Pollution Control Ordinance (Cap. 311): Regulates emissions from stationary and mobile sources, air quality objectives, fuel standards, and industrial processes.
• Noise Control Ordinance (Cap. 400): Controls construction noise, industrial noise, and neighborhood noise, including the issuance of Construction Noise Permits.
• Water Pollution Control Ordinance (Cap. 358): Establishes Water Control Zones (WCZs) and regulates effluent discharges into inland and marine waters.
• Waste Disposal Ordinance (Cap. 354): Governs collection, treatment, disposal, and transboundary movement of waste, including chemical and hazardous waste.
• Public Health and Municipal Services Ordinance (Cap. 132): Addresses waste handling, sanitation, pest control, and public health protection.

Implementing Regulations, Codes of Practice, and Guidelines

Environmental legislation in Hong Kong is supported by a wide range of subsidiary regulations, codes of practice, guidance notes, and technical circulars, including but not limited to:

• Codes of Practice on Noise Control
• Guidance Notes on Best Practicable Means (BPM)
• Practice Notes for Professional Persons (ProPECC)
• Environmental Protection Department Guidance on Waste Management Plans
• CEDD and EPD Environmental Guidelines for Construction Sites
• Dumping at Sea Ordinance (Cap. 466) and associated permits
• Chemical Waste (General) Regulation
• Ozone Layer Protection Ordinance (Cap. 403)

Environmental Standards and Criteria

Hong Kong applies a comprehensive set of environmental quality objectives, standards, and criteria, including:

• Air Quality Objectives (AQOs)
• Water Quality Objectives (WQOs)
• Noise Standards for residential, industrial, and sensitive receivers
• Effluent discharge standards
• Waste acceptance and classification criteria
• Environmental criteria for contaminated land assessment and remediation

Where local standards are not available or insufficient, EIAs may reference international best practice, including:

• World Bank Group EHS Guidelines
• IFC Performance Standards
• WHO Guidelines
• EU Environmental Directives

EIA Project Classification (Designated Projects)

Under the EIAO, projects are classified as Designated Projects (DPs) if they fall within specified categories as described under Schedule 2 & 3 of the EIAO (e.g., infrastructure, reclamation, waste facilities, power plants).

Unlike some jurisdictions, Hong Kong does not apply a three-tier impact category system. Instead, all Designated Projects require statutory EIA approval, and non-designated projects may still be subject to environmental permits under other ordinances.

Local and Sector-Specific Requirements

In addition to territory-wide legislation, projects must comply with departmental and sectoral requirements, including:

• Planning Department environmental planning guidelines
• Lands Department lease conditions
• Highways Department environmental specifications
• Airport Authority Hong Kong environmental requirements
• MTR Corporation environmental standards

Large-scale infrastructure projects often adopt project-specific environmental requirements that exceed statutory minima.

Nature Conservation and Biodiversity Frameworks

Hong Kong has adopted a Biodiversity Strategy and Action Plan (BSAP), formulated in 2016 to meet CBD obligations. The BSAP provides a strategic framework for biodiversity conservation, sustainable use of natural resources, and integration of biodiversity into planning and development.

The AFCD is the lead authority responsible for biodiversity conservation, protected area management, and enforcement of wildlife legislation.

The AFCD developed a robust Nature Conservation Policy in 2004, to regulate, protect and manage natural resources for the conservation of the biodiversity of Hong Kong in a sustainable manner. Similarly, in conjunction with the EPD, the AFCD developed a guidance note for ecological baseline surveys.

Key Conservation Ordinances include:

• Wild Animals Protection Ordinance (Cap. 170)
• Forests and Countryside Ordinance (Cap. 96)
• Marine Parks Ordinance (Cap. 476)
• Country Parks Ordinance (Cap. 208)

Protected Areas

Environmental assessments typically require a review of ecologically sensitive areas within a defined Study Area, often extending beyond project boundaries. The above laws provide statutory protection for Hong Kong’s dense network of conservation areas, including:

• Country Parks and Special Areas
• Marine Parks and Reserves
• Sites of Special Scientific Interest (SSSIs)
• Ramsar Site (Mai Po Inner Deep Bay)

Biodiversity Conservation Status

Species of conservation concern are assessed based on protection status, rarity and distribution, ecological importance, and habitat dependency, following AFCD’s updated list of Endangered Species, the International Union for Conservation of Nature (IUCN) Red List and China Species Red List.

Similarly, the assessment shall report non-native and invasive species that may affect ecological integrity, particularly in wetland, freshwater, and marine environments.

International Treaties and Conventions

Because Hong Kong is a Special Administrative Region of China, many key international environmental treaties to which China is a party are extended to the Hong Kong SAR and apply in Hong Kong’s jurisdiction.

Global Multilateral Treaties and Conventions

• United Nations Framework Convention on Climate Change (UNFCCC): A global treaty addressing climate change and stabilising greenhouse gas concentrations. The UNFCCC (and its Kyoto Protocol) have been extended to Hong Kong under China’s ratification since 2003, obliging Hong Kong to contribute to global climate goals.
• Paris Agreement (under the UNFCCC): The key successor to the Kyoto Protocol aimed at limiting global warming; Hong Kong, through China’s participation, contributes to its objectives and national reporting processes.
• Rotterdam Convention: A multilateral treaty on the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade. It was ratified by China and extended to the Hong Kong SAR.
• Stockholm Convention on Persistent Organic Pollutants (POPs): A global agreement to restrict or eliminate the production, use, and release of persistent toxic chemicals that accumulate in the environment, which also applies in Hong Kong through China’s party status.
• Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships: A treaty negotiated under the International Maritime Organization (IMO) to ensure environmentally sound ship recycling practices; reflects Hong Kong’s involvement in a key maritime environmental treaty.

International Environmental Areas

Hong Kong currently applies international environmental conventions in areas including: climate change, hazardous wastes, marine pollution, ozone layer protection, persistent organic pollutants, hazardous chemicals, and mercury — reflecting global commitments extended to Hong Kong.

International Guidelines and Best Practice

In addition to formal treaties, organizations in Hong Kong often align with international voluntary environmental and sustainability standards to demonstrate good practice, support global investment frameworks, and enhance environmental performance:

• Equator Principles (EPs): Voluntary standards adopted by financial institutions worldwide (including many in Hong Kong) to manage environmental and social risk in project finance, requiring impact assessments, stakeholder engagement, and mitigation measures aligned with international best practice.
• IFC Performance Standards: International Finance Corporation standards that set best-practice requirements for biodiversity protection, resource efficiency, pollution prevention, and community/stakeholder engagement; often referenced by lenders and developers in Hong Kong for internationally financed projects.
• World Bank Environmental and Social Safeguards: Policies guiding projects financed by the World Bank to minimise environmental and social harm (e.g., on land acquisition, resettlement, natural habitats, indigenous peoples, and pollution), which Hong Kong firms must follow if involved in such projects.
• ISO 14001: A globally recognized voluntary Environmental Management System standard widely implemented by organizations in Hong Kong to systematically manage environmental impacts, improve performance, and support compliance with legal and voluntary sustainability commitments.
• ISO biodiversity: Emerging ISO standard that provide frameworks for measuring, managing, and reporting biodiversity and sustainability metrics; increasingly referenced in corporate ESG and supply chain management.
• Global Reporting Initiative (GRI) Standards: Widely used sustainability reporting framework adopted by many Hong Kong companies to align disclosures with international best practices, often in conjunction with local ESG reporting codes.