Proposal to build an incinerator in Hong Kong shows up the flaws of government self-regulation

The Court of Final Appeal on November 26  will hear arguments on whether the director of the Environmental Protection Department can approve an environmental impact assessment report on an incinerator project that the department itself conducted. And having approved its own report, whether it can then issue to itself the permit for incinerator construction.

Should a government department regulate itself – proposing, evaluating and approving a project? A simple analogy: should you be allowed to set your own exam question, mark your own exam paper, and give yourself a passing grade?

Regardless of the court’s decision, the debate over the incinerator has exposed the deep flaws in government self-regulation. The department, negating its regulatory role, became chief lobbyist for the incinerator. Its officials, in their zeal to promote the project, presented selective, misleading and outright false information on numerous occasions.

To justify locating the incinerator in Shek Kwu Chau island, the department claimed that building it in Tuen Mun, a far more cost-effective site, would unacceptably worsen the air quality there, contradicting its own report. Its officials misrepresented the incinerator’s cost in legislative hearings.