Appeal court rejects govt bid on Fanling housing plan
Thestandard · 1 SOURCESabout 2 hours ago2 MIN
Summary
Hong Kong’s Court of Appeal on Monday dismissed an appeal by the Environmental Protection Department over the environmental approval tied to a proposed public housing development at the former Fanling Golf Course . The dispute concerns the government’s 2023 acquisition of 32 hectares of the site and a plan to build public housing on 9.5 hectares of the Old Course . The Hong Kong Golf Club had earlier succeeded in a judicial review after the Environmental Impact Assessment report’s conditional approval was found to underestimate environmental harm and to lack proper public consultation . The appellate court upheld that ruling, saying the consultation process was deficient and procedurally unfair .
Key Points
- The Environmental Protection Department asked the Court of Appeal to overturn the Golf Club’s earlier judicial review win, but the appeal was dismissed on Monday .
- The case centers on the government’s 2023 takeover of 32 hectares at Fanling Golf Course and a housing plan for 9.5 hectares .
- The earlier court ruling found the Environmental Impact Assessment’s conditional approval underestimated environmental damage and lacked proper public consultation procedures .
- Appeal judges said supplementary information was not made available for public inspection, making the consultation exercise procedurally unfair .
- The court also said the Director of Environmental Protection acted in a Wednesbury unreasonable manner and ordered partial legal costs against two departments .
Why It Matters
The ruling creates another legal obstacle for a major public housing proposal on a politically sensitive site where land supply, heritage and conservation concerns collide . It also reinforces that environmental approvals for large Hong Kong projects can be struck down if consultation and disclosure procedures are not properly followed .