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International Construction Law Review

CORRESPONDENTS’ REPORTS: HONG KONG

DAVID BATESON*

Mallesons Stephen Jaques, Hong Kong

THE JUDICIAL REVIEW OF THE CONTROVERSIAL VICTORIA HARBOUR RECLAMATION PLANS

The Hong Kong Government’s controversial plan for the reclamation of the Victoria Harbour has been the subject of much recent public debate and protests. Challenges to the Wanchai Reclamation Plan (“WRP”) and the Central Reclamation Plan (“CRP”) have been before the Hong Kong courts in two proceedings for judicial review of the decisions. On 9 January 2004, the Court of Final Appeal (“CFA”) upheld the Court of First Instance’s decision that the Town Planning Board’s zoning plan for WRP erred in law. The judicial review of the CRP is scheduled to be heard in February 2004. Over the past few decades, various reclamation projects have shrunk one of the world’s greatest harbours but it now appears that the public is demanding protection of the harbour, and this is being supported by the judiciary.

Judicial review of the WRP

The Society for the Protection of the Harbour Ltd (“the Society”) commenced judicial review proceedings in February 2003 against the Town Planning Board (“the Board”) on its decision in approving the WRP. The Society, as its name suggests, has the main object of protecting and preserving the Victoria Harbour, which includes taking legal action to stop harbour reclamation. The Board is a public body responsible for preparation and drafting of plans for the development of Hong Kong.
The WRP would provide land for the construction of (i) the Central Wanchai By-pass, designed to ease the traffic congestion in the Central and Wanchai area; (ii) a waterfront promenade which is to extend from Wanchai to Central; (iii) a harbour park; and (iv) a commercial, hotel, entertainment and exhibition development.
The Society alleged that the Board’s decision in approving the WRP was made in contravention of the Protection of the Harbour Ordinance (Cap.


Pt 2]
Correspondents’ Reports—Hong Kong

257

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