Hong Kong harbour law should not be watered down
- Proposals to fast track ‘minor’ reclamation works put city’s most outstanding natural feature at further risk
Details have emerged about government plans to adjust the law that has stopped major reclamation works in Victoria Harbour. The Protection of the Harbour Ordinance is now on track to be amended to exempt some minor waterfront improvement projects from having to undergo a “public need test”.
The Development Bureau said on Tuesday that the changes were required to allow more projects to go ahead and save years of preparation time. A bureau spokeswoman said works under the faster approval mechanism would still have to go through public consultation and approval by secretary-level officials.
But, under the amendment, the stringent tests would no longer be required for improvement work involving reclamation of less than 0.8 hectares. The same exemption would apply to temporary works of less than three hectares when they are in place for under three years.
Understandably, some are concerned the plan would open legal avenues to larger works. The Harbourfront Commission said easing the rules must not pave the way for reclamation for development.
The founder of the Society for Protection of the Harbour, which was instrumental in getting the ordinance passed, said the group may have to disband if the legal change went ahead. Winston Chu Ka-sun told RTHK on Thursday that it was misleading for the government to say the proposed change would only exempt small-scale or temporary reclamation.
He said the move could take away the right of the courts to rule on legality of large-scale reclamation.
The law to protect our most defining natural feature is in place for good reason. Public concern about loss of the harbour was the catalyst for enactment of the ordinance ahead of the 1997 handover, and a landmark 2004 Court of Final Appeal ruling that strengthened.
While there is broad support for the city building a beautiful waterfront, many also fear a return to old habits that shrink the harbour.
The government must offer more clarity about how officials will ensure “minor” projects do not result in major reclamation. Laws should not be watered down even in the pursuit of expediency, especially if an exemption may become a loophole for abuse.
