The operator of a Hong Kong concrete plant which was ordered almost two years ago to shut down because of air pollution has lost its latest attempt to appeal against the Environmental Protection Department’s decision.

Concrete mixer trucks at the Coast Line properties. Photo: Kyle Lam/HKFP.
Concrete mixer trucks at China Concrete Company’s plant in Yau Tong on August 24, 2023. Photo: Kyle Lam/HKFP.

“The department has stringent requirements and monitoring regarding the operation of [concrete batching plants], and will not tolerate any operation that adversely affects the environment,” a department spokesperson said in a statement issued Wednesday.

The statement was issued after the government-appointed Air Pollution Control Appeal Board dismissed the appeal by the China Concrete Company against the department’s refusal to renew its licence.

The department last April refused the plant’s application to renew its Special Process License over its failure to “demonstrate its capability to provide, install and effectively operate the necessary practicable measures for preventing pollutant emissions and nuisances caused to nearby residents,” the statement read.

Licence denied

This is not the first time that the concrete plant, which is located at a harbourfront site in Yau Tong which is slated for comprehensive and residential development, had its application for a licence renewal denied.

James Ockenden, organiser of a protest against the unlicensed operation China Concrete Company's plant on February 4, 2023.
James Ockenden, organiser of a protest against the unlicensed operation China Concrete Company’s plant on February 4, 2023. Photo: Candice Chau/HKFP.

In January 2022, the company was refused a renewal due to its failure to curb air pollution, according to the EPD. The High Court in January this year upheld the decision.

Since 2021, the EPD has initiated 26 prosecutions against the plant, according to local media, but it has remained in operation. HKFP has reached out to the department for confirmation.

Despite the licence renewal refusal and the failed legal bid, the plant at 22 Tung Yuen Street in Yau Tong continued to operate. In May the city’s Ombudsman found that the EPD had properly fulfilled its duties “from an administrative perspective.”

Concrete mixer trucks at the Coast Line properties in Yau Tong on August 24, 2023. Photo: Kyle Lam/HKFP.
Concrete mixer trucks at China Concrete Company’s plant in Yau Tong on August 24, 2023. Photo: Kyle Lam/HKFP.

The department has told the operators of the plant to shut down immediately, according to the Wednesday statement, and authorities will continue to monitor the plant and “initiate prosecution actions if evidence is collected.”

In February, a small group of protesters, including rally organiser James Ockenden and Patrick Fung, CEO of Clean Air Network, marched from Yau Tong Fire Station to the concrete plant to protest at its illegal operation.

Ockenden told HKFP on Thursday that the situation was shameful: “Hong Kong’s leaders have proved toothless over the plant at 22 Tung Yuen Street operating without a license, so I doubt we’ll see any significant action for the 20 Tung Yuen Street plant.”

“Frankly speaking, the heads of the Environment Protection Department and Food and Environmental Hygiene Department should resign in shame at the state of Tung Yuen Street, it’s a disgrace to the whole Greater Bay Area. I believe all involved are just trying to cash in as fast as possible before they shift the concrete operations out to the Tseung Kwan O reclamation,” he added.

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James Lee is a reporter at Hong Kong Free Press with an interest in culture and social issues. He graduated with a bachelor’s degree in English and a minor in Journalism from the Chinese University of Hong Kong, where he witnessed the institution’s transformation over the course of the 2019 extradition bill protests and after the passing of the Beijing-imposed security law.

Since joining HKFP in 2023, he has covered local politics, the city’s housing crisis, as well as landmark court cases including the 47 democrats national security trial. He was previously a reporter at The Standard where he interviewed pro-establishment heavyweights and extensively covered the Covid-19 pandemic and Hong Kong’s political overhauls under the national security law.