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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No.19 of 2003

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 -

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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No.19 of 2003

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  1. 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)

  2. Table of Contents Victoria Harbour and Our Heritage Reclamation over the years Future Reclamation • Kai Tak • Green Island • Central • Wanchai

  3. Stop Reclamation 1

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

  5. 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.

  6. 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.

  7. Special Public Asset Natural Heritage of the People of Hong Kong

  8. Hong Kong Harbour before reclamation 2

  9. Wanchai in 1920’s 3

  10. Victoria Barracks and the Naval Background in 1880 4

  11. Typhoon Shelter in Causeway Bay 5

  12. Kellet Island as at present 6

  13. Kellet Island – Summer of 1993 7

  14. Victoria Harbour - 1960 8

  15. Victoria Harbour - 1990 9

  16. Yachts sailing in Victoria Harbour - 1993 10

  17. Western Harbour before West Kowloon Reclamation 11

  18. 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]

  19. 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

  20. 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.

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

  22. West Kowloon Reclamation in progress - 1990 12

  23. Tsim Sha Tsui and West Kowloon Reclamation 13

  24. Government’s and HKIA’s Reclamation Proposal 14

  25. Government’s Proposal on Harbour Reclamation 15

  26. Kowloon Peninsula after West Kowloon Reclamation 16

  27. Extent of Reclamation proposed by Government 17

  28. Original Victoria Harbour 18

  29. Victoria Harbour after completing Government’s Proposal 19

  30. HKTA Plan for Cruise Terminal Locations 20

  31. Victoria Harbour - 1990 21

  32. Reclamation in the Victoria Harbour – Reclamation before 1945 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 22

  33. 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 upto 1945 23

  34. 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 upto 1967 24

  35. 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 upto 1977 25

  36. 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 upto 1985 26

  37. 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 upto 1993 27

  38. 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 28

  39. On 27th 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.

  40. Kai Tak Airport in 1990s 29

  41. North Point and Kowloon Peninsula 30

  42. North Point and Kwun Tong 31

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

  44. 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 32

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

  46. Proposed Kai Tak Reclamation

  47. Proposed Reclamation of Kai Tak 33

  48. Proposed Kowloon Bay Reclamation 34

  49. Complete Plan of Kai Tak Reclamation 35

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