PRESS RELEASE 20 th March 2008

High Court Judgment on "Wanchai Temporary Reclamation

High Court Judgment ¡V Mr. Justice Hartmann of the High Court has just delivered his judgment in favour of our Society in another landmark case concerning harbour reclamation.

Our Society regret to have been forced to take the Government to Court once again because the Government proposed to reclaim an additional 10.7 hectares (about 1.15 million sq.ft.) of the Wanchai harbour-front about which the Government had failed to inform and consult the public. The present judgment shows that our Society were right to do so.

The Society were again represented by the same legal team which won the first Wanchai Reclamation Case before the Court of Final Appeal in 2004.

Mr. Anthony Neoh, S.C.
Professor Johannes Chan, S.C.
Mr. Pao Jin Long

Government's Proposed "Temporary Reclamation" - The 10.7 hectares are in addition to the 15 hectares the Government had informed the public about. These include 8.3 hectares (almost one-half) of the Causeway Bay Typhoon Shelter and a new breakwater of 2.4 hectares (about 260,000 sq.ft.). The new breakwater will be about 1,500 ft. long and will protrude 700 ft. further out into harbour than the existing breakwater (See Annexure "A"). It will be worse than the Harbour Park which was adjudged unlawful in the first Wanchai Reclamation Case.

The Government claimed that these 10.7 hectares would only be temporary, but had not given any undertaking when they would be removed. The Government also claimed that these 10.7 hectares did not have to comply with the Protection of the Harbour Ordinance ("the Harbour Ordinance").

Society Support Central Wanchai Bypass ¡V Our Society have never opposed the Bypass but only object to the Government using the Bypass as an excuse to reclaim more land for private interests. For example, the proposed new breakwater is intended mainly to provide mooring space for private yachts of the Royal Hong Kong Yacht Club, and not because of any 'overriding public need'.

Government Broke Promises To The Public ¡V The Government has broken the following promises it made to the public:-

  1. To consult the 'Harbour-front Enhancement Committee' which was specifically formed to represent public views on harbour reclamation;
  2. That reclamation projects would be approved by the Town Planning Board;
  3. That the Hong Kong public would be consulted on all harbour reclamations; and
  4. To respect the spirit of the Harbour Ordinance (instead of trying to find a loop hole to get around it).
Government Mis-leading The Public ¡V Government claims that the reclamation would be 'temporary', but did not inform the public:-
  1. That the word 'temporary' is open-ended;
  2. When the reclamation would be removed?
  3. Who would undertake to remove it?
  4. What if Government changes its mind and the reclamation becomes permanent
  5. Whether the public would have any legal remedy to ensure its removal? and
  6. The Harbour Ordinance would no longer apply as the reclaimed land is no longer 'harbour'.
Government Failed to Comply With Law ¡V The Government has failed to comply with the law for the fourth time. As a result of this judgment, our Society sincerely hope that the Government will in the future respect the spirit of the Harbour Ordinance and the Rule of Law.
  1. The Government gazetted 584 hectares of reclamation despite enactment of the Harbour Ordinance in 1997 (See Annexure "B").
  2. The Government proposed the Wanchai Reclamation which was pronounced to be unlawful by the High Court in 2003.
  3. The Government still proceeded with the Central Reclamation despite the Court of Final Appeal Judgment in 2004.
  4. The Government is now still trying to bypass the law by using the word 'temporary'
Effect of the Judgment - The High Court ruled against the Government and agreed with our Society that, whether the proposed reclamation will be permanent or temporary, the Government must nevertheless comply with the Harbour Ordinance and the Court of Final Appeal Judgment which requires the Government to demonstrate to the public that: (a) there is an overriding and present public need for these additional 10.7 hectares of reclamations; (b) there is no reasonable alternative thereto; and (c) they are the minimum extent.

Serious Environmental Impact - The Government must also justify the adverse environmental impact on the Wanchai harbour-front which will be serious. The reclamation works will be very unsightly and will cause air and water pollution, foul smells, noise, traffic jams, blockage of the shipping and boating lanes, etc. and will generally deprive the public of the enjoyment of this part of the harbour for a very long time.

Message of Thanks to the Public - Our Society thank Hong Kong people for their generous support without which the "Save Our Harbour" Campaign undertaken by our Society over the past dozen years would not have been successful.