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[Hong Kong] Removal of bird nests in my residential area 我家附近有人拆巢

Removal of bird nests in my residential area 我家附近有人拆巢

Today I saw some gardeners of my residential estate do some garden work but at the same time remove a big bird nest built from twigs.  It is probably a common magpie nest and I've once seen a koel calling near the nest.  But I'm not sure whether the nest has been used for this year.

I'd like to ask the following:
1) Was this already violated the law (Chapter 170)?
2) From (1), the law is violated even the nest is not used anymore? (I've taken the photos for the nest and it's empty.  I was not able to take the photos for actual moment that they're removing the nest but I did take their vehicle with their company name and some actions of removing tree branches.)
3) From (1), if not, the gardeners or the estate management office should be required to show their permits to remove the nests?
4) Anything advised to do?  If they've already violated the law, I'd like to report it with the photos as evidence. (AFCD, rite?)

Thanks again for your help.

[ Last edited by BWA at 17/08/2009 21:24 ]
Manson Tsang
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Thanks very much Mike, Fai Gor and Gary.  I'm going to start my draft to report this.  No matter what the management office has done is legal or not, we still can get the idea and view from AFCD.  It should be beneficial to us and the birds anyway.  Hope I am able to write it well in English and cc to HKBWS.
Manson Tsang
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My letter has been sent to AFCD through email.  I cced to HKBWS as well.  Looking forward to hearing their reply.
Manson Tsang
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I received a verbal reply from AFCD Mr Yam for the above issue on 27Aug09 (Thu).  Then I've requested a reply in black-and-white and received it today.  A copy was cc to HKBWS for recording purpose and I post it here for your reference too.

I've got the following:
1) My residential estate management company (DBSML) DOES NOT KNOW the related legislation though they have the common sense that the bird nest should be at least inactive before it should be removed.
2) AFCD officers have advised DBSML to consult them whenever similar cases happen.
3) I think I have educated or conveyed a message to DBSML to be aware of the natural wild life in the residential area.



Cheers
Manson Tsang
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