The Environmental Protection Department (EPD) today filed an appeal to the Court of Appeal (CA) against a Court of First Instance (CFI) judicial review decision regarding a proposed public housing development at Fanling Golf Course.

The CFI had earlier quashed a decision by the Director of Environmental Protection to approve the Environmental Impact Assessment (EIA) report for the development. 

The EPD stated that after conducting a detailed review of the CFI’s ruling, it could not agree with parts of the ruling and has therefore decided to appeal.

It explained that one of the grounds for its appeal is that the Environmental Impact Assessment Ordinance (EIAO) clearly sets out mechanisms and timelines for public consultation, balancing the need for public participation with certainty around project development.

The CFI’s judgment essentially requested an additional public consultation, which the EPD said is beyond the scope of the statutory framework established by the EIAO. It said this would make it impossible to conduct the entire environmental impact assessment process normally and would cause continuous delays, creating detrimental impacts and uncertainty on project development, contrary to the legislative intent of the EIAO.

It added that the ruling would have significant systemic impacts on ongoing and future environmental impact assessments, and in particular could lead to serious delays in implementing the development proposals.

In appealing to the CA, the EPD said it aimed to ensure the legitimate and practicable interpretation of the relevant legislation, and the specific implementation of the EIAO processes.

The Civil Engineering & Development Department (CEDD), as an interested party in this judicial review, has also lodged an appeal against the judgment to the CA.

Meanwhile, the Development Bureau (DEVB) said that the CFI judgment will have a substantial impact on the housing yield and on the completion date.

The CA's review of the matter may further affect the proposed housing project. The DEVB and the CEDD will conduct assessments based on the latest circumstances, with regard to aspects including the housing yield, the timetable of the proposed project, and the progress of the appeal process.

As such, the CEDD said it would need extra time to conduct its review on the scale of the housing development.

The Government emphasised that the appeal is not solely about the proposed housing project but, more importantly, obtaining clarity from the CA on various principles and legal issues relating to the EIA framework.

It reaffirmed that its policy is to strike a balance between environmental protection and development for the overall benefit of Hong Kong.