Protection of the Harbour Ordinance
Encyclopedia
The Protection of the Harbour Ordinance, Cap. 531, is an ordinance in the Hong Kong Law that aims to limit land reclamation
in Victoria Harbour
.
in 1996 and presented to the Legislative Council by Christine Loh
. The bill was passed on 1997-06-27, and applied to the area of the harbour around Central
. On 1999-11-03 the Secretary for Planning, Environment and Lands moved for an amendment to the ordinance, which made it apply to the entire area of the Victoria Harbour as definied by Schedule 3 of the Interpretation and General Clauses Ordinance (Cap. 1).
project in the 1980s, long before the inception of the ordinance. When the ordinance was passed, the first phases for Central and Wan Chai were already near completion. The ordinance does not have effect on those projects, since it is stated in Section 4 of the ordinance that the ordinance does not apply to reclamation projects authorized before the ordinance commenced. However, when the Government later planned to start the remaining phases of the reclamation, conservationists saw the ordinance as a method to stop the projects.
The Society for Protection of the Harbour
applied for a stay of order and judicial review on September 25, 2003, prohibiting the government from continuing with the third phase of the Central reclamation project.
The SPH requested judicial reviews on the Reclamation, on February 27, 2003 and September 25, 2003 respectively. On October 6, 2003 the High Court announced that the society had failed in its bid to get hold of a court order to provisionally halt work ahead of December's judicial review, and so the Government may proceed with the Central Reclamation. The government resumed work to reclaim 230,000 m² of the harbour.
On September 1, 2004 the Court of Final Appeal rejected the Town Planning Board's proposal on the draft Wan Chai North outline zoning plan (OZP), and the Wan Chai Development Phase 2 had to be reviewed.
laid down three tests regarding the presumption made in Section 3.1 of the ordinance, which are:
The tests are carried out on a per-case basis, not only on the project-in-question's purpose, but also on its extent. This resulted in the Government and those concerned often citing the three tests to justify or dejustify reclamation projects under planning.
Land reclamation
Land reclamation, usually known as reclamation, is the process to create new land from sea or riverbeds. The land reclaimed is known as reclamation ground or landfill.- Habitation :...
in Victoria Harbour
Victoria Harbour
Victoria Harbour is a natural landform harbour situated between Hong Kong Island and the Kowloon Peninsula in Hong Kong. The harbour's deep, sheltered waters and strategic location on the South China Sea were instrumental in Hong Kong's establishment as a British colony and its subsequent...
.
Content
The ordinance states, in section 3, that:- "The harbour is to be protected and preserved as a special public asset and a natural heritage of Hong Kong people, and for that purpose there shall be a presumption against reclamation in the harbour."
- "All public officers and public bodies shall have regard to the principle stated in subsection (1) for guidance in the exercise of any powers vested in them."
History
The ordinance was proposed by the Society for Protection of the HarbourSociety for Protection of the Harbour
Society for Protection of the Harbour is a Hong-Kong-based organization founded in November, 1995. It is a charitable, non-political and non-profit making green group. The objectives of the organization are to protect the Victoria Harbour in Hong Kong from destruction caused by Government’s...
in 1996 and presented to the Legislative Council by Christine Loh
Christine Loh
- External links :* ] ]*...
. The bill was passed on 1997-06-27, and applied to the area of the harbour around Central
Central, Hong Kong
Central is the central business district of Hong Kong. It is located in Central and Western District, on the north shore of Hong Kong Island, across Victoria Harbour from Tsim Sha Tsui, the southernmost point of Kowloon Peninsula...
. On 1999-11-03 the Secretary for Planning, Environment and Lands moved for an amendment to the ordinance, which made it apply to the entire area of the Victoria Harbour as definied by Schedule 3 of the Interpretation and General Clauses Ordinance (Cap. 1).
Reclamation controversy and judicial review
The Government proposed the Central and Wan Chai ReclamationCentral and Wan Chai Reclamation
Central and Wan Chai Reclamation is a project launched by the Hong Kong Government since the 1990s to reclaim land for different purposes.-Background:The project was first mentioned in the 1985 planning strategy by the Government...
project in the 1980s, long before the inception of the ordinance. When the ordinance was passed, the first phases for Central and Wan Chai were already near completion. The ordinance does not have effect on those projects, since it is stated in Section 4 of the ordinance that the ordinance does not apply to reclamation projects authorized before the ordinance commenced. However, when the Government later planned to start the remaining phases of the reclamation, conservationists saw the ordinance as a method to stop the projects.
The Society for Protection of the Harbour
Society for Protection of the Harbour
Society for Protection of the Harbour is a Hong-Kong-based organization founded in November, 1995. It is a charitable, non-political and non-profit making green group. The objectives of the organization are to protect the Victoria Harbour in Hong Kong from destruction caused by Government’s...
applied for a stay of order and judicial review on September 25, 2003, prohibiting the government from continuing with the third phase of the Central reclamation project.
The SPH requested judicial reviews on the Reclamation, on February 27, 2003 and September 25, 2003 respectively. On October 6, 2003 the High Court announced that the society had failed in its bid to get hold of a court order to provisionally halt work ahead of December's judicial review, and so the Government may proceed with the Central Reclamation. The government resumed work to reclaim 230,000 m² of the harbour.
On September 1, 2004 the Court of Final Appeal rejected the Town Planning Board's proposal on the draft Wan Chai North outline zoning plan (OZP), and the Wan Chai Development Phase 2 had to be reviewed.
The three tests
On 2003-07-08 Madam Justice Chu of the High CourtHigh Court (Hong Kong)
The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :...
laid down three tests regarding the presumption made in Section 3.1 of the ordinance, which are:
- Compelling, overriding and present need
- No viable alternative
- Minimum impairment
The tests are carried out on a per-case basis, not only on the project-in-question's purpose, but also on its extent. This resulted in the Government and those concerned often citing the three tests to justify or dejustify reclamation projects under planning.