30th December 2024 – (Hong Kong) The Environmental Protection Department (EPD) has filed an appeal to the Court of Appeal against a recent judicial review decision by the Court of First Instance regarding a proposed public housing development at Fanling Golf Course.
A spokesman for the EPD stated that, following a thorough review of the ruling with its legal team, the department found grounds for disagreement with certain aspects of the judgement, prompting the decision to appeal. The EPD contends that the Environmental Impact Assessment Ordinance (EIAO) establishes clear mechanisms and timelines for public consultation, effectively balancing public participation needs with project development certainty.
The EPD argues that the Court of First Instance’s judgement called for additional public consultation beyond the established statutory framework of the EIAO. This, according to the department, would hinder the ability to conduct environmental impact assessments in a timely manner, resulting in ongoing delays and potential negative impacts on project development, contrary to the legislative intent of the EIAO.
The department cautioned that the ruling could have significant systemic consequences for both current and future environmental impact assessments, potentially causing serious delays in the execution of development proposals. By appealing to the Court of Appeal, the EPD aims to clarify the interpretation of relevant legislation, ensuring the legal framework remains certain, rational, and operationally effective for the implementation of EIAO processes.
