Hong Kong Golf Club v Director of Environmental Protection & Anor

The High Court has given judgment on the Hong Kong Golf Club’s judicial review against the environmental impact assessment (EIA) for a proposed public housing project to be built over part of the ‘Old Course’ at Fanling, quashing the EIA report.

In a 229-page judgment, Coleman J found that the EIA report was flawed in its assessment of the environmental impacts of the proposed project across a range of areas studied:

- hydrological impact on critically endangered Chinese Swamp Cypress trees

The Court held the report did not meet the requirements of the Technical Memorandum and the Study Brief issued under the Environmental Impact Assessment Ordinance (Cap. 499).

The Court also ruled that the procedure used was unfair. The Director of Environmental Protection failed to undertake public consultation on additional information supplied by the project proponent – the Civil Engineering and Development Department – after the conclusion of the statutory consultation period. The Director also erred by failing to consider the Club’s responses to that additional information.

The Court further found that the conditions imposed on the acceptance of the EIA report were unlawful and undermined the Director’s approval of the report.

The Court rejected the Club’s challenges relating to the assessments of sewage, noise impact, land contamination, shading, and air quality.

 acted for the Hong Kong Golf Club, instructed by Johnson Stokes & Master.

 appeared for the Director of Environmental Protection, instructed by the Department of Justice.

 appeared for the Civil Engineering and Development Department, also instructed by the Department of Justice.

Members

Recruitment

Mentions

More on Recent Judgments

Challenging Terrain – High Court Quashes Environmental Study of Proposed Fanling Golf Course Housing Development

About

Members

Recruitment

What’s New