Position Statement - Judicial Review on Wanchai ¡§Temporary Reclamation¡¨

The Society for Protection of the Harbour has instituted judicial review proceedings in the High Court against the Secretary for Justice representing the Secretary for Housing and Transport this afternoon.

Since the Judgment of the Court of Final Appeal (¡§the CFA Judgment¡¨) in the Judicial Review of the Wanchai Reclamation successfully instituted by the Harbour Society against the Town Planning Board in 2004, the Society has been insisting that the Government should comply with not only the letter of the law, but also the spirit of the Protection of the Harbour Ordinance (¡§the Harbour Ordinance¡¨).

However, by a Gazette published on 27th July 2007, the Secretary for Housing and Transport is proposing to carry out extensive ¡§temporary reclamation¡¨ in the middle of the harbour opposite the Wanchai harbourfront. The proposed ¡¥temporary reclamation¡¦ will cause extensive damage to the harbour and the adverse impact on the harbour and the harbourfront will be felt for many years.

The Secretary claims that, as such ¡§temporary reclamation¡¨ will be removed after construction of the Central Wanchai Bypass, the ¡§temporary reclamation¡¨ will not cause permanent damage to the Harbour. Hence, the Harbour Ordinance does not apply to the ¡§temporary reclamation¡¨.

Although the Society does not oppose construction of the Central Wanchai Bypass, the Society takes the view that all reclamation must comply with the Harbour Ordinance and does not accept the Government¡¦s position that the Harbour Ordinance does not apply to temporary reclamation. Such interpretation of the Harbour Ordinance will contravene the legislative intent of the Harbour Ordinance and the spirit of the CFA Judgment. In the circumstances, our Society has no alternative but to make this important decision of taking the Government to the Court once again.

Our Society urges the People of Hong Kong to support and participate in our ¡¥Save Our Harbour¡¦ Campaign to protect and preserve the Harbour for the present and future generations of all Hong Kong people and expects the Government¡¦s co-operation in our efforts.

Dated the 3rd day of October 2007

Society for Protection of the Harbour