A government lawyer has said that an environmental study on the impact of building 12,000 public flats on part of Hong Kong’s oldest golf course holds “no legal effect”, as authorities appeal a court ruling that may send the project back to the consultation stage.
The Court of Appeal began hearing oral arguments on Tuesday over an environmental impact assessment report for the public housing project on 9.5 of 32 hectares (23.5 acres) that the government reclaimed from the 172-hectare golf course in Fanling three years ago.
The ruling, if upheld upon a final appeal, is likely to result in a fresh round of public consultations and deal a blow to the government’s plan to build public flats on the site by 2029.
Rimsky Yuen Kwok-keung SC, on behalf of the director, argued that the challenge had become “academic” following legal amendments aimed at speeding up development on smaller plots.
The Environmental Impact Assessment Ordinance originally required a report for urban developments covering more than 20 hectares or involving a population exceeding 100,000. That definition was revised in June 2023 to cover only projects of at least 50 hectares.
