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Vivian Au

Hong Kong authorities should reconsider a plan to build public housing on part of the city’s oldest golf course, experts have said after a court overturned a conditional approval for construction, with one warning that filing an appeal could be an uphill battle.
They also called for improving the environmental impact assessment process after the High Court found authorities’ conditional approval for the development of 12,000 public flats on 9.5 hectares (23.5 acres) of the 172-hectare course in Fanling problematic for reasons such as insufficient public consultation.
The judge noted on Monday that quashing the decision could lead to the public consultation being reconducted and comments sought again from environmental advisers.
Lawmaker Doreen Kong Yuk-foon said the judge had detailed the grounds for the ruling.
“The chances of an appeal are relatively difficult,” she said.
Lawmaker Andrew Lam Siu-lo said the government should rethink the plan.
“Given the complexities and variables of the case, the government needs to reconsider the usage of this land [the golf course],” he said.
Ronny Tong Ka-wah, a barrister and member of the key decision-making Executive Council, said the next step the government would take was based on political considerations.
“Does Hong Kong still need the golf course [to build houses]? Is it that urgent?” said Tong, who is a club member.
Tong said he would not be surprised if the government decided to also pursue other plans.

He added that the current situation differed from when the government first proposed building flats on the golf course, as the housing market was declining.
Under changes implemented to the Environmental Impact Assessment Ordinance last year, only developments of more than 50 hectares are required to submit an environmental impact assessment report, down from the previous threshold of 20 hectares.
Both Kong and Tong said it would be inappropriate for the government to press ahead with the development by taking advantage of the change to the ordinance and bypassing the court ruling.
The 9.5-hectare public housing estate was part of the government’s plan to develop the 32 hectares it took back from the Hong Kong Golf Club last year, with the remaining area earmarked for recreation and conservation purposes.
In May last year, the director of environmental protection gave conditional approval to the report after considering additional information from the Civil Engineering and Development Department that conducted it and the views of the Advisory Committee of Environment.
But Justice Russell Coleman agreed with the club’s argument that the government failed to consult the public again when the department provided additional information, which formed part of the report.
Kong said the ruling showed the importance of public consultation, as the government had spent a large amount of money and time on the judicial challenge.
“Public consultation should be done completely and comprehensively,” she said.
An anonymous former member of the Advisory Council on the Environment said the case revealed a loophole in the environmental impact assessment.
“The government could improve the environmental impact assessment by making the reconducting of the public consultation compulsory if additional information is submitted,” the former member said.
Chan Kim-ching, founder of Liber Research Community, a local NGO focused on land and development research, said he believed the estimated land supply for public housing would be affected, as the project was expected to be delayed given the ruling.
“Even if the housing project could be carried out finally, it would be delayed for at least a year,” Chan said.
He urged the government to use brownfields to build public housing as one of the alternative options.
Chan also said the judgment might have consequences for legal challenges of environmental impact assessments in new development areas, including the San Tin Technopole.
“Both cases share the similarity that public consultation was not held comprehensively,” he said.
Social worker Eddie Tse Sai-kit earlier lodged a judicial challenge against the government approval of a report on the technopole project, saying the decision breached the Environmental Impact Assessment Ordinance and lacked public consultation.


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Hong Kong urged to rethink plan for Fanling golf course flats after court ruling

The High Court has overturned authorities’ conditional approval for building 12,000 public flats on the Hong Kong Golf Club at Fanling. Photo: Dickson Lee

The Hong Kong Golf Club at Fanling. Photo: Dickson Lee

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The Hong Kong Golf Club has welcomed the decision. Photo: Dickson Lee

The government has already taken back 32 hectares of land. Photo: Dickson Lee

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The government blueprint calls for turning 30,000 hectares (74,130 acres) of land in the New Territories into an economic powerhouse and housing hub. Photo: Eugene Lee

News

Hong Kong

Society

‘Given the complexities and variables of the case, the government needs to reconsider the usage of this land,’ lawmaker Andrew Lam says


‘Given the complexities and variables of the case, the government needs to reconsider the usage of this land,’ lawmaker Andrew Lam says.


Hong Kong housing

Hong Kong environmental issues

Executive Council of Hong Kong