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Press Release - 26th March 2004
Recent Judgment of the High Court
The Judge pronounced that "It may well have been preferable for the Chief Executive in Council to remit the (Central) plan (to the Town Planning Board), at least regarding the extent of reclamation", but decided that he had no power to order the Chief Executive in Council to do so. The Judge also pronounced that he had "no jurisdiction to determine whether the Chief Executive in Council was right or wrong in his decision".
Therefore the Judge made no finding on the merits of the Central Reclamation. It is incorrect for the Government to publicly claim that "the Judgment gave legitimacy to the Central Reclamation Plans". In any event, the Judgment will be reviewed before the Court of Final Appeal in accordance with our present decision to take this matter further.
Judgment of Court of Final Appeal
Our Society queries why the Government is refusing to refer the Central Reclamation Plan to the Town Planning Board for review and public consultation when the CFA Judgment has ordered it for the Wanchai Reclamation Plan.
Our Society also queries why the Government is proceeding with the Central Reclamation, the Wanchai Reclamation and the Kowloon Bay Reclamation when the Government has repeatedly re-assured the Hong Kong public that it will respect the Judgment of the Court of Final Appeal and will protect and preserve Victoria Harbour from further reclamation.
Relief Of Traffic Congestion
Government is seeking to justify the Central Reclamation for relief of traffic congestion. Why is Government reclaiming 5.1 hectares of land for sale to developers for commercial development with 6 million square feet of floor area when such commercial development will aggravate traffic congestion and defeat the very justification for the Central Reclamation?
Minimum Reclamation
The CFA Judgment requires reclamation to be minimum. The Government is wrong to reclaim an extra 1 million square feet which is not needed for the Central Wanchai Bypass.
Furthermore, the Marine Basin covering 3 hectares near the New Convention Centre is clearly not needed. It is as redundant as the Harbour Park for Wanchai which has been declared unlawful by the CFA Judgment.
Central Reclamation Works Contract
The Government should answer the following queries:-
A. Why did the Government prematurely enter into the Central Reclamation Works Contract when it was fully aware that the Wanchai Judicial Review would affect the Central Reclamation?
B. Why has the Government not respected and complied with the Decision in the legal proceedings arising from the Central Reclamation Works Contract when the Decision recommended that the Government should re-tender the Works Contract?
C. Why did the Government not take legal advice and include an 'escape clause' in the Works Contract so as to avoid substantial claims being made by the Contractor?
D. What is the urgency in the Central Reclamation Works to build half a Bypass when the Town Planning Board has announced that it will take up to 2 years to review the Wanchai Reclamation Plan?
Moratorium On Reclamation
Our Society calls on the public of Hong Kong to demand that the Government
should comply with the CFA Judgment and declare an immediate moratorium
of all reclamation works so that the community can have the opportunity
to consider whether there is any 'overriding public need' for further
reclamation of the harbour.