Deep Dive: Hong Kong's Product Eco-responsibility Amendment Bill
On October 18, 2023, the Legislative Council of Hong passed The Product Eco-responsibility (Amendment) Bill, proposing to initiate the first-phase regulation on Earth Day, April 22, 2024.
The Legislative Council meeting on October 18, 2023 (Image source: GovHK)
The Legislative Council meeting on October 18, 2023 (Image source: GovHK)
What is The Product Eco-responsibility Amendment Bill, and what does it decree?
The Amendment Bill forbids the local sale of nine types of disposable plastic dinnerware, as well as the provision of such items by catering establishments, with implementation taking place in two stages.
The sale of expanded polystyrene (EPS) tableware and four other types of disposable plastic tableware that are small in size and difficult to recycle or for which there are mature alternatives will be prohibited in the first phase of regulation, as will the provision of such tableware to takeaway customers.
Furthermore, all nine varieties of disposable plastic dinnerware will be forbidden from being provided to dine-in clients at catering establishments. In the second phase, the regulation will be completely implemented.
Graph showing policies regarding disposable plastic tableware. (Information Source: GovHK)
Graph showing policies regarding disposable plastic tableware. (Information Source: GovHK)
On top of plastic tableware, The Amendment Bill also prohibits the production, sale, and distribution of a variety of disposable plastic items, which will be enacted in two stages as well.
It is planned in the first phase to prohibit the sale and distribution of items that either have established non-plastic substitutes or are not necessities. Free disposable toiletries and in-room plastic-bottled water will also be prohibited in hotels and guesthouses. Furthermore, the manufacture, sale, and free distribution of oxo-degradable polymers are also prohibited.
“The timing of implementing the second-phase regulation will depend on the availability and affordability of the relevant non-plastic or reusable alternatives, and it is tentatively set for 2025,” said a spokesman for the Environment and Ecology Bureau.
Graph showing policies regarding other disposable plastic items. (Information Source: GovHK)
Graph showing policies regarding other disposable plastic items. (Information Source: GovHK)
Potential issues and controversies
Questions have been raised about this new policy, mainly in two regards.
On a more direct level, some have expressed concerns about the disruption and inconvenience resulting from the lack of mature single-use alternatives.
Single-use alternatives to plastic tableware are not as easy to find, and often times more expensive, due to an overall smaller scale of companies that produce single-use plastic alternatives than those that produce single-use plastic tableware.
“This could be a potential burden on some industries, such as the catering industry,” said Professor Masaru Yarime from the Division of Public Policy and Division of Environment and Sustainability at the Hong Kong University of Science and Technology, “especially for small individual-run or family-run businesses that don’t have the capacity to deal with a significant increase in cost. Seeing as the government would not be paying for them, they would have to either find a way to deal with the cost themselves or be forced to transfer the costs onto the customers, which could potentially hurt businesses.”
Another more complex concern involves another policy that the Hong Kong government will start implementing starting April 1, 2024.
On October 13, the Hong Kong government published a gazette notice to appoint April 1, 2024, as the day for implementing municipal solid waste charging, which means an extremely short commencement time between this policy and The Product Eco-responsibility Amendment. The charge could put a more significant burden on the catering industry.
An Environment and Ecology Bureau spokesman suggested the trade prepare early for the relevant control measures and jointly build a plastic-free culture.
Tommy Cheung Yu-yan of the catering functional constituency predicted that “the close commencement dates will create difficulties for the industry.”
A timeline of Hong Kong plastic policies: from past to future vision
Professor Fang Meng from the faculty of law at the City University of Hong Kong, who specializes in environmental law, stated her view on the issue, hoping that the government would provide some degree of support to the more vulnerable individual-run businesses in the industry.
“It doesn’t necessarily have to be a direct cash hand-out,” she added, “even an indirect, partial tax deduction could help.”
In an attempt to encourage the catering industry, tableware supply companies, and the general public to use non-plastic tableware instead of disposable plastic ones, the Hong Kong Environmental Protection Department has commissioned the Hong Kong Quality Assurance Agency to create an online information platform. Since November of last year, the website has been accepting applications from tableware supply companies. The portal now lists over 400 non-plastic disposable dinnerware options.
A brighter future for Hong Kong’s environment…But is it enough?
According to public reports by Hong Kong's Environmental Protection Department, in 2020, 2,312 tonnes of plastic were sent to landfills per day, which was roughly equal to 843,880 tonnes per year. Out of these, only 102,000 tonnes were recovered for recycling, which means a total of 945,880 tonnes of plastic waste per year. In 2021, the amount of plastic sent to landfills per day increased to 2,331 tonnes.
Although the total output of Hong Kong's plastic waste is not ranked high in the world due to its relatively small total population, per capita-wise, Hong Kong is ranked number 5 out of 222 countries and economies across the globe, according to a report by World Population Review.
When asked whether she thinks the Amendment Bill will have a significant impact in terms of reducing Hong Kong's plastic waste, Professor Fang commented: "I fear that Hong Kong's current policy is not enough. It's actually still very loose, especially compared to some other developed region's plastic reduction policies, such as the EU, which has implemented a much more thorough limitation policy. Single-use plastic is only a part that contributes to the overall total plastic waste. A lot of other industries that produce products that contain traces of plastic are also large contributors to plastic waste, such as the tire industry. It's important to regulate plastic waste coming from all sections and go beyond simply regulating single-use plastics."
Policies regarding plastic pollution in various other countries
In terms of the policy, she commented: “It is a beginning step. From the long-term perspective, it’s always good to make circularity deeply ingrained in the society, where it would be important to give industries that provide sustainable products and services incentives and opportunities to make their sustainable products endurable.”
Professor Yarime also commented: “The significance of the Amendment Bill is not just about the bill itself. It’s also sending out signals about the government’s attitude on the issue to the related industries and sectors, as well as the public.”
“Another thing is,” added Fang, “the policy is only the first step, what matters at the end of the day is the enforcement. We need more time to look at how the Hong Kong authorities would uphold the policy and if they are able to punish the non-compliances proportionally and effectively.”
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