2006, One Pacific Place, Tel (852) 2845-8138
88 Queensway, Hong Kong Fax (852) 2845-5964
Press Announcement - Central Reclamation
No Appeal Against the High Court Judgment
Our Society has taken further legal advice from our team of legal advisers including Senior Counsel regarding the above Appeal in the light of the following:-
1. The Government has unreasonably refused to agree to the 'leap frog procedure' for the appeal to go directly to the Court of Final Appeal without going through the Court of Appeal as our Society had agreed for the Wanchai Reclamation Case. Government's refusal means that the Central Reclamation Case will not have a final judicial determination for more than one year.
2. The Government is deliberately proceeding urgently with the Central Reclamation Works so that most of the reclamation works will have been completed by the time our Society secures a final judicial determination.
We have received the following legal advice:-
1. Even though there is a legal case to put to the court, the appeal procedure will be complicated and will take at least one year and may take as long as two years.
2. There is little likelihood that the court will grant any interim injunction against the Government to stop the Central Reclamation Works pending the appeal.
3. As most of the reclamation works will be completed by the time of the final judicial determination, it will be almost impossible for the Appeal Court to order the Government to restore the Harbour even if our appeal is successful.
After the most careful review and reconsideration of our initial decision to proceed with an appeal, our Society has decided not to appeal the High Court Judgment because no positive result can be achieved by pursuing it. However, our Society maintains the following position:-
1. The Court of Final Appeal decision on the interpretation of the Protection of the Harbour Ordinance remains the highest legal authority on the law.
2. As no positive result can be achieved in pursuing the appeal because of the Government's high-handed action, further time, effort and money should not be wasted by our Society. Instead our Society should make use of our resources to conduct a public campaign.
3. As it will not be possible to use the law to stop the Central Reclamation
Works, our Society will seek public support to stop the reclamation works
through community action.