constitutional and administrative law list no.19 of 2003

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


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


Reclamation in the Victoria Harbour – Reclamation before 1945

22

LEGEND

Reclamation before 1945

Reclamation up to 1967




Existing and Committed Reclamation

Proposed Reclamation

23

LEGEND








Reclamation in the Victoria Harbour – Reclamation up to 1945

24

LEGEND









25

LEGEND









26

LEGEND









27

LEGEND









28

LEGEND








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








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


42


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

Wanchai Outline Zoning Plan OZP S/H25/1

dated 19 April 2002

Proposals by Mr. Brownlee

Wanchai Outline Zoning Plan OZP S/H25/1

approved on 14 February 2003

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

constitutional and administrative law list no.19 of 2003

Documents

victoria harbour

sydney harbour

western harbour

harbour ordinance3

westernmost point of

harbour limited pursuant

waters of hong kong

straight line