A government lawyer told the Court of Appeal on Tuesday that an environmental study for a 12,000-unit public housing project on the Fanling Golf Course holds "no legal effect," arguing that recent legislative changes have made the ongoing legal challenge "academic."
The hearing marks the latest chapter in a high-stakes battle between the government and the Hong Kong Golf Club over the development of 9.5 hectares of land reclaimed from the city’s oldest golf course.
Rimsky Yuen Kwok-keung SC, representing the Director of Environmental Protection, argued that the case is now a "matter of history" due to June 2023 amendments to the Environmental Impact Assessment Ordinance.
Since the housing plot in question is only 9.5 hectares, Yuen contended the director no longer has the statutory power to approve or quash a report that is no longer legally mandated.
"Does that mean it’s a piece of waste paper [because] there’s no longer a designated project, and one can forget about the whole [report]?"
— Madam Justice Susan Kwan Shuk-hing
"My answer is yes... It’s a piece of paper with no legal effect."
— Rimsky Yuen Kwok-keung SC
Yuen later clarified the report still holds "limited reference value" but is no longer a legal necessity for the project to proceed.
The appeal seeks to overturn a 2024 ruling by Mr. Justice Russell Coleman, which quashed the report's approval on the grounds that authorities failed to conduct a second round of public consultation after new environmental data was added.
| Party | Key Argument |
| The Government | The law only envisages one round of public consultation; the director is "at liberty" to seek more views but is not compelled to do so. |
| The Golf Club | The government's claim of "futility" is "contrary to the facts," as authorities are actively appealing to uphold the decision rather than restarting the project. |
| The Department | The lower court erred in suggesting development was "impossible" due to woodland preservation; the plot is large enough to meet housing targets while saving old trees. |
If the government loses the appeal, the project may be forced back into a lengthy consultation stage. This would deal a significant blow to the administration's timeline to deliver 12,000 public flats by 2029.
Benjamin Yu SC, representing the Golf Club, maintained that the director lacks the power to approve a "materially deficient" study and emphasized that the ordinance requires a fair, transparent consultation process.
The hearing is scheduled to resume on Wednesday.
Related: Hong Kong gov’t seeks to overturn legal challenge against Fanling Golf Course
