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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.

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Presentation on theme: "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."— Presentation transcript:

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2 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)

3 Victoria Harbour and Our Heritage Reclamation over the years Future Reclamation Table of Contents  Kai Tak  Green Island  Central  Wanchai

4 Stop Reclamation 1

5 Section 3 Interpretation and General Clauses Ordinance “Harbour” means the waters of Hong Kong within the boundaries specified in Schedule 3.

6 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.

7 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.

8 Special Public Asset Natural Heritage of the People of Hong Kong

9 Hong Kong Harbour before reclamation 2

10 Wanchai in 1920’s 3

11 4 Victoria Barracks and the Naval Background in 1880

12 5 Typhoon Shelter in Causeway Bay

13 6 Kellet Island as at present

14 7 Kellet Island – Summer of 1993

15 8 Victoria Harbour - 1960

16 Victoria Harbour - 1990 9

17 10 Yachts sailing in Victoria Harbour - 1993

18 11 Western Harbour before West Kowloon Reclamation

19 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]

20 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

21 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.

22 But much of this special public asset and our natural heritage is gone

23 West Kowloon Reclamation in progress - 1990 12

24 Tsim Sha Tsui and West Kowloon Reclamation 13

25 Government’s and HKIA’s Reclamation Proposal 14

26 Government’s Proposal on Harbour Reclamation 15

27 Kowloon Peninsula after West Kowloon Reclamation 16

28 Extent of Reclamation proposed by Government 17

29 Original Victoria Harbour 18

30 Victoria Harbour after completing Government’s Proposal 19

31 HKTA Plan for Cruise Terminal Locations 20

32 21 Victoria Harbour - 1990

33 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

34 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

35 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

36 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

37 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

38 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

39 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

40 On 27 th 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.

41 29 Kai Tak Airport in 1990s

42 30 North Point and Kowloon Peninsula

43 31 North Point and Kwun Tong

44 But TPB Paper 2880 proposed another 636 hectares of reclamations for the future

45 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

46 Each of the reclamation schemes proposed after 1997 failed to comply with The Harbour Protection Ordinance

47 Proposed Kai Tak Reclamation

48 33 Proposed Reclamation of Kai Tak

49 34 Proposed Kowloon Bay Reclamation

50 Complete Plan of Kai Tak Reclamation 35

51 Proposed Green Island Reclamation

52 Green Island Reclamation – Government’s Proposal 36

53 44 Proposed Western Reclamation 37

54 Western Reclamation Development Plan 38

55 Proposed Central Reclamation

56 Proposed Central Reclamation – Phase III 39

57 Government’s Central Reclamation Scheme 40

58 Efforts by Applicant to bring the Central scheme into compliance

59 Alternative Central Reclamation Scheme submitted to Government 41

60 Alternative Central Reclamation Scheme submitted to Government 42

61 Alternative Central Reclamation Scheme submitted to Government 43

62 Integrated Design Proposal for Waterfront - Gillespies 44

63 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.

64 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

65 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.

66 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.

67 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.

68 Proposed Wanchai Reclamation

69 45 Kellet Island in 1949

70 46 Kellet Island and Causeway Bay - 1991

71 Genesis of the Proposed Wanchai Reclamation

72 47 The Proposed New CDA Development

73 48 Wanchai Development Study prepared by Maunsell

74 49 Wanchai Development – Public Consultation

75 50 Wanchai Reclamation – Land Use Proposals

76 51 Alternative Proposal – C. W. Ho

77 52 Government’s Public Presentation - Wanchai

78 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

79 The Wanchai Outline Zoning Plan before the proposed reclamation

80 54

81 Wanchai Outline Zoning Plan OZP S/H25/1 dated 19 April 2002

82 55

83 Proposals by Mr. Brownlee

84 56

85 Wanchai Outline Zoning Plan OZP S/H25/1 approved on 14 February 2003

86 57

87 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


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