Boat tour operators are not willing to risk breaking the law by continuing to hold whale-watching tours, after Hongkongers were urged on Wednesday to stop approaching the injured animal spotted in Sai Kung.

Propeller wounds on the back of the whale spotted in Sai Kung.
Propeller wounds on the back of the whale spotted in Sai Kung. Photo: Sunny Tong.

“[U]pon sighting of whales, the public is reminded that they should keep a distance, slow down their vessels and be aware of their personal safety to avoid accidents,” said a spokesperson for the Agriculture, Fisheries and Conservation Department on Wednesday.

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The marine mammal, believed to be a Bryde’s whale, was first spotted on July 13 in Sai Kung near Millionaire’s Beach. Since the whale sighting, Hongkongers – and journalists – flocked to the seaside town in the hope of spotting the whale, with boats in the area offering rides to approach it.

AFCD patrols

On Thursday, Sai Kung’s boat tour operators were manning stalls along the waterfront with colourful price lists, as skippers prepared their vessels under the sweltering heat for island-hopping speedboat trips.

Stall for operator Kitty's Boat. Photo: James Lee/HKFP
Stall for operator Kitty’s Boat. Photo: James Lee/HKFP.

One fishing tour operator, surnamed Leung, told HKFP that she knew of speedboat tours that headed out to sea for whale-watching tours over the past few days.

While she said the operator she worked for, Sai Kung Fishing Fun Point, did not offer those tours, she still received a pamphlet from AFCD officers who were at the pier that morning to warn operators and skippers against seeking out the whale.

The leaflet on dolphin-watching given to tour operators by AFCD officers. Photo: James Lee/HKFP
The leaflet on dolphin-watching given to tour operators by AFCD officers. Photo: James Lee/HKFP.

“[AFCD officers] were here this morning, walking along the pier and handing out these leaflets to boat tour operators,” she said in Cantonese. “But I’m not at risk anyway, since I don’t do those tours.”

The leaflet for the “Code of Conduct for Dolphin Watching Activities,” dated May 2019, stated that the general rule for dolphin-watching was to “watch from a distance, and do not seek to touch, feed or harm dolphins.”

Only one dolphin-watching vessel should be present within 500 metres of a group of dolphins, and it should not enter a 50-metre radius of the dolphins. Vessels should be kept at a slow, steady speed not exceeding 10 knots, and should never be put in reverse when dolphins are nearby.

Sai Kung pier on July 27, 2023. Photo: James Lee/HKFP
Sai Kung pier on July 27, 2023. Photo: James Lee/HKFP.

Those regulations apply to all marine mammals, including whales and porpoises, according to the Wild Animals Protection Ordinance.

The whale was spotted with a cut on its back in recent days, with the injury suspected to have been caused by a sharp object such as a boat propeller, said Lydia Pang, senior manager of Oceans Conservation of World Wide Fund for Nature (WWF) on Commercial Radio on Wednesday.

‘Not taking the risk’

One skipper for tour operator Kitty’s Boat – who did not wish to give their name – said he did not receive a leaflet from AFCD officers that morning. However, but he knew about the government’s warnings against whale-watching on Wednesday evening from watching the news.

He told HKFP that he was among the speedboat operators who were in the vicinity of Hap Mun Bay Beach and the Marine Police East Divisional Headquarters conducting whale-watching tours over the past week.

A Marine Department vessel departed from the pier at around noon, July 27, 2023. Photo: James Lee/HKFP
A Marine Department vessel departed from the pier at around noon, July 27, 2023. Photo: James Lee/HKFP.

He added that he “was not taking the risk” of breaking the law by continuing to provide such tours. However, he was less concerned about the department’s orders than he was about the chance of a looming typhoon.

He also said the whale should be kept safe: “Of course, it’d be good to protect the whale, since it’s already been injured. It’s been almost two weeks, and it still hasn’t been able to leave.”

Whale 2023.7.14
A Bryde’s whale was spotted in Sai Kung on July 13, 2023. Photo: screenshots from Catherine Lumsden’s video.

Two other operators at the pier on Thursday morning spoke to an HKFP reporter posing as a potential customer. Each said they did not offer whale-watching tours, saying it was illegal for them to do so.

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James is a reporter at Hong Kong Free Press with an interest in culture and social issues. He has a bachelor’s degree in English at the Chinese University of Hong Kong, with a minor in Journalism. He was previously a reporter at The Standard.