Court of Appeal Dismisses Government's Appeal in Fanling Golf Course EIA Review
HK01 · 3 SOURCESabout 2 hours ago2 MIN
Summary
The Court of Appeal on Tuesday dismissed the government's appeal against a High Court decision that had partially ruled in favor of the Hong Kong Golf Club in a judicial review concerning the Environmental Impact Assessment (EIA) report for the Fanling Golf Course public housing project . The Environmental Protection Department (EPD) and Civil Engineering and Development Department (CEDD) were ordered to pay partial legal costs to the Golf Club .
Key Points
- The government received 32 hectares of Fanling Golf Course land in September 2023, planning to develop 9.5 hectares for public housing
- The Golf Club challenged the EIA report's supplementary information, claiming it underestimated ecological damage and bypassed required public consultation
- EPD argued the 2023 amendment to the EIA Ordinance only requires assessments for projects exceeding 50 hectares, so the 9.5-hectare site did not need an EIA
- The Golf Club countered that the project qualifies as a "designated project" under the ordinance, mandating full EIA procedures
- The original judge ruled that the old course has obvious and recognized cultural value, and accepting "indeterminate" damage levels would constitute irrational decision-making
Why It Matters
The ruling forces the government to restart the public consultation process for the EIA report, potentially delaying the public housing development that was part of a major land supply initiative . This case sets a precedent regarding the interpretation of EIA requirements for smaller-scale developments and the procedural obligations of government departments in environmental assessments .
The ruling forces the government to restart the public consultation process for the EIA report, potentially delaying the public housing development that was part of a major land supply initiative . This case sets a precedent regarding the interpretation of EIA requirements for smaller-scale developments and the procedural obligations of government departments in environmental assessments .