constitutional and administrative law list no.19 of 2003 in the matter of an application for...
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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
No.19 of 2003
IN THE MATTER of an Application for Judicial Review by The Society
for Protection of The Harbour Limited pursuant to Order 53 of the Rules of the High Court
- and -
IN THE MATTER of the Protection of The Harbour Ordinance (Cap.531)
Victoria Harbour and Our Heritage
Reclamation over the years
Future Reclamation
Table of Contents
Kai Tak
Green Island
Central
Wanchai
Stop Reclamation
1
Section 3
Interpretation and General Clauses Ordinance
“Harbour” means the waters of Hong Kong within
the boundaries specified in Schedule 3.
Schedule 3
BOUNDARIES OF THE HARBOUR
On the East --- A straight line drawn from the westernmost extremity of Siu Chau Wan Point to the westernmost extremity of Ah Kung Ngam Point (sometimes known as Kung Am);
On the West --- A straight line drawn from the westernmost point of Hong Kong to the westernmost point of Green Island, thence a straight line drawn from the westernmost point of Green Island to the south-easternmost point of Tsing Yi, thence along the eastern and northern coast lines of Tsing Yi to the westernmost extremity of Tsing Yi and thence a straight line drawn true north therefrom to the mainland.
Protection of the Harbour Ordinance
3. Presumption against reclamation in the harbour
(1) 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.
(2) All public officer and public bodies shall have regard to the principle stated in subsection (1) for guidance in the exercise of any powers vested in them.
Special Public Asset Natural Heritage
of the People of Hong Kong
Hong Kong Harbour before reclamation
2
Wanchai in 1920’s
3
4
Victoria Barracks and the Naval Background in 1880
5
Typhoon Shelter in Causeway Bay
6
Kellet Island as at present
7
Kellet Island – Summer of 1993
8
Victoria Harbour - 1960
Victoria Harbour - 1990
9
10
Yachts sailing in Victoria Harbour - 1993
11
Western Harbour before West Kowloon Reclamation
A special public asset and a natural heritage of Hong Kong People
( 香 Fragrant 港 Harbour)
“He [Dunross, the protagonist, and the Taipan of the Noble House] stared out of the window at the gardens and the vast northern panorama of city and seascape below. Ships and junks and sampans dotted the azure [bright blue] sea. There was a fine sky above and no promise of rain weather, the summer monsoon steady from the southwest and he wondered absently what the clippers had looked like as they sailed before the wind and beat up against the winds in this ancestors’ time”
P. 156, Noble House, James Clavell
[Novel set in the 1960/70’s in Hong Kong]
Dictionary meanings
• Special: “ Of such a kind as to exceed or excel in some way that which is --.usual or common; exceptional in character, quality or degree”.
• Natural: “ 6. Existing in, or formed by nature; not artificial 1568”.
• Heritage: “1. That which has been or may be inherited.”
Oxford Shorter English Dictionary
Examples of special public assets and natural heritage of a people
Hong Kong: Victoria Harbour.
Elsewhere: West Lake, Niagra Falls, Yellowstone Park, Sydney Harbour, Great Barrier Reef.
Essential common feature: Exist in natural state, irreplaceable and present generation bear a duty to transmit to future generations.
But much of this special public asset
and our natural heritage is gone
West Kowloon Reclamation in progress - 1990
12
Tsim Sha Tsui and West Kowloon Reclamation
13
Government’s and HKIA’s Reclamation Proposal
14
Government’s Proposal on Harbour Reclamation
15
Kowloon Peninsula after West Kowloon Reclamation
16
Extent of Reclamation proposed by Government
17
Original Victoria Harbour
18
Victoria Harbour after completing Government’s Proposal
19
HKTA Plan for Cruise Terminal Locations
20
21
Victoria Harbour - 1990
Reclamation in the Victoria Harbour – Reclamation before 1945
22
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
23
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Reclamation in the Victoria Harbour – Reclamation up to 1945
24
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Reclamation in the Victoria Harbour – Reclamation up to 1967
25
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Reclamation in the Victoria Harbour – Reclamation up to 1977
26
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Reclamation in the Victoria Harbour – Reclamation up to 1985
27
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Reclamation in the Victoria Harbour – Reclamation up to 1993
28
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Reclamation in the Victoria Harbour – Existing and Committed Reclamation
On 27th June 1997, there is little left of the Harbour
Existing and committed reclamation was over 3,500 Hectares (12.5 square miles)
This sets the context for the Ordinance
Enough was enough.
29
Kai Tak Airport in 1990s
30
North Point and Kowloon Peninsula
31
North Point and Kwun Tong
But TPB Paper 2880 proposed
another 636 hectares of reclamations for the future
32
LEGEND
Reclamation before 1945
Reclamation up to 1967
Reclamation up to 1977
Reclamation up to 1985
Reclamation up to 1993
Existing and Committed Reclamation
Proposed Reclamation
Proposed Reclamation in the Victoria Harbour
Each of the reclamation schemes proposed after 1997
failed to comply with
The Harbour Protection Ordinance
Proposed Kai Tak Reclamation
33
Proposed Reclamation of Kai Tak
34
Proposed Kowloon Bay Reclamation
Complete Plan of Kai Tak Reclamation
35
Proposed Green Island Reclamation
Green Island Reclamation – Government’s Proposal
36
44
Proposed Western Reclamation
37
Western Reclamation Development Plan
38
Proposed Central Reclamation
Proposed Central Reclamation – Phase III
39
Government’s Central Reclamation Scheme
40
Efforts by Applicant to bring the Central scheme
into compliance
Alternative Central Reclamation Scheme submitted to Government
41
Alternative Central Reclamation Scheme submitted to Government
42
Alternative Central Reclamation Scheme submitted to Government
43
Integrated Design Proposal for Waterfront - Gillespies
44
Despite High level Government public statements to the contrary:
•“We shall not reclaim the harbour unless it is absolutely necessary”.
Bowen Leung, Secretary for Planning, Environment & Lands, 24 th November 1997, Seminar on Land Reserve Policy.
•“Victoria Park is an integral part of Hong Kong that we all treasure. It deserves all our efforts to protect it and make it more beautiful. For this reason, we have decided to scale back the reclamation planned for the Harbour”
Annual Policy Address by the Chief Executive of the HKSAR to the Legislative Council on 6 October 1999.
•“Victoria Harbour is part of our heritage. It’s a reflection of Hong Kong and I want the harbour to be very beautiful, and I want the harbour to be a place where all the citizens of Hong Kong, as well as tourists from overseas, can enjoy themselves and this is our objective. Part of the reclamation is necessary because we have to move people through mass transit, building roads, railways underneath where we reclaim, but we will try to make sure that the harbour is truly a place we can all gather and enjoy and have a good time, and that is the objective: make Victoria Harbour truly a place where all the Hong Kong people can feel very proud of”.
Radio phone-in interview with the Chief Executive of the HKSAR, October 9, 1999.
Town Planning Board
Vision Statement for the Victoria Harbour
Our Vision for Victoria Harbour
To make Victoria Harbour attractive, vibrant, accessible and symbolic of Hong Kong.
- a harbour for the people and a harbour of life
Our Goals for the Harbour
1. To bring the people to the Harbour and the Harbour to the people.
2. To enchance the scenic views of the Habour and maintain visual access to the harbour-front.
3. To enhance the Harbour as a unique attraction for our people and tourists.
4. To create a quality harbour-front through encouraging innovative building design and a variety of tourist, retail, leisure and recreational activities, and providing an integrated network or open space and pedestrian links.
5. To facilitate the improvement of the water quality of the Harbour.
6. To maintain a safe and efficient harbour for the transport of people and goods and for the operation of an international hub port.
Statement of Intent on Reclamation
The Harbour is to be protected and preserved as a special public asset and a natural heritage of the people of Hong Kong. Reclamation in the Harbour should only be carried out to meet essential community needs and public aspirations. It has to be environmentally acceptable and compatible with the principle of sustainable development and the
principle of presumption against reclamation in the Harbour.
Town Planning Ordinance
3. Functions of the (Town Planning) Board:
(1) With a view to the promotion of the health, safety, convenience and general welfare of the community, the Board shall undertake the systematic preparation of –
(a) draft plans for the layout of such areas of Hong Kong as the Chief Executive may direct, as well as the types of buildings suitable for erection therein; and
(b) ………….
(2) In the course of the preparation of the plans referred to in subsection (1), the Board shall make such enquiries and arrangements (including, if thinks fit, the taking of census of the occupants of any buildings or of the users of any
thoroughfares or spaces) as it may consider necessary for the preparation of such drafts.
Proposed Wanchai Reclamation
45
Kellet Island in 1949
46
Kellet Island and Causeway Bay - 1991
Genesis of the Proposed Wanchai Reclamation
47
The Proposed New CDA Development
48
Wanchai Development Study prepared by Maunsell
49
Wanchai Development – Public Consultation
50
Wanchai Reclamation – Land Use Proposals
51
Alternative Proposal – C. W. Ho
52
Government’s Public Presentation - Wanchai
53
Actual Wanchai Harbourfront as now Proposed
New Developments in the ‘G/IC’ Zone
Sunkened Central – Wanchai Bypass
Exhibition and Entertainment Facilities in the ‘CDA’ Zone
Waterfront Related Commercial and Leisure
Developments
Harbour Museum (Due to the Viewing Spot, the
Maritime Museum is out of sight
The Wanchai Outline Zoning Plan before
the proposed reclamation
54
Wanchai Outline Zoning Plan OZP S/H25/1
dated 19 April 2002
55
Proposals by Mr. Brownlee
56
Wanchai Outline Zoning Plan OZP S/H25/1
approved on 14 February 2003
57
Source
Pages 8, 29, 30, 31, 47 Over Hong Kong Volume 7 - Kasyan Bartlett, Pacific Century Publishers Ltd., 2003
Page 50 New Wanchai Waterfront, Territory Development Department & Planning Department, April 2003
Pages 37, 38 Western District Development Strategy Consultation Digest, Planning Department, October 2000
Page 49 Wanchai Development Phase II, Trunk Road & Waterfront Development Proposals Consultation Digest, Territory Development Department, January 2002
Pages 13, 16, 17 Over Hong Kong, Volume 6 - David Dodwell & Kasyan Barlett, Pacific Century Publishers Ltd., 2001
Pages 20, 33, 34, 35, 54, 55, 57 Planning Department
Page 48 Territory Development Department
Page 51 A pedestrian oriented Central/ Wanchai/ Causeway Bay Waterfront for “A World Class City” study by C.W. Ho Associates, January 2000
Pages 9, 12, 14, 21, 15, 39, 41, 42, 43 Alternative Harbour Reclamation Study by Hong Kong Institute of Architects, June 1996
Pages 2, 3, 4, 5, 6, 7, 9, 10, 45, 46 Eastern Waters, Eastern Winds – Gillian Chambers Royal HK Yacht Club, November 1993
Page 36 Alternative Green Island Reclamation Proposal by Hong Kong Institute of Architects
Pages 1, 44 The Society for Protection of the Harbour
Pages 22, 23, 24, 25, 26, 27, 28, 32 Exhibit Bundle Page 60
Pages 52, 53 Exhibit Bundle Page 171
Page 56 Exhibit Bundle Page 460
Page 20 HKTA, November 1998
Page 56 Ian Brownlee
Page 11 By a Director of the Society
Page 40 By the Hong Kong Government
Pages 18, 19 Source unknown