• 11/25/2024

Hong Kong court allows legal challenge against approval of large-scale tech hub study to advance

Hong Kong Free Press

San Tin

Hong Kong’s High Court has granted an application for a legal challenge against environmental authorities’ approval of a report into the development of a large-scale technology hub. Critics have said the San Tin Technopole will destroy swathes of valuable ecosystems near the city’s border with mainland China.

A fisherman in San Tin. Photo: Kyle Lam/HKFP.
A fisherman in San Tin’s wetlands. Photo: Kyle Lam/HKFP.

The legal bid was launched earlier this month by registered social worker and the convenor of the green group Save Lantau Alliance Eddie Tse, who sought to challenge the decision to greenlight the environmental impact assessment (EIA) into the San Tin Technopole development.

According to a court document released on Monday, the Hight Court will hear the judicial review lodged by Tse. It listed Director of the Environmental Protection as the respondent and the Director of Civil Engineering and Development as interested party.

Judicial reviews are considered by the Court of First Instance and examine the decision-making processes of administrative bodies. Issues under review must be shown to affect the wider public interest.

The court has not scheduled a date for hearing as of Wednesday.

A social worker protest against social worker registration suggestion and request lawmaker Tik Chi-yuen to respond to governement accusations outside government headquarters on May 29, 2024.
Part-time social worker Eddie Tse protests against the proposed reforms of the social worker licensing body outside the government headquarters on May 29, 2024. Photo: Kyle Lam/HKFP.

 The San Tin Technopole is a proposed 600-hectare tech hub near the city’s border with Shenzhen that has sparked concerns over its impact on wetlands and endangered species that frequent them.

In May, the environmental authorities conditionally approved the development’s EIA, giving the project the go ahead despite green groups’ concerns.

Director of Environmental Protection Samuel Chui defended the EIA as “scientific, professional and comprehensive,” adding that the Environmental Protection Department had proposed additional ecological mitigation measures on top of those suggested in the report.

See also: What is Hong Kong’s San Tin Technopole and why is the planned tech hub controversial?

Tse, however, earlier argued that the planned tech hub did not meet legal requirements, and therefore the environmental protection chief’s approval of the EIA had violated the law.

HKFP has reached out to the Environmental Protection Department for comment.

Planning zone significantly enlarged

In 2021, the Environmental Protection Department released the project profile of the planned tech hub, laying out a 340-hecare planning zone for the project.

However, authorities significantly enlarged the tech hub’s planning zone in May 2023 to over 600 hectares, which would result in the damage of 248 hectares of wetland conservation area and buffer zones.

Great egret and little egret stay in a fishpond in San Tin, an area which will be redeveloped into a large-scale tech hub. Photo: Kyle Lam/HKFP.
Great egrets and little egrets in a fishpond in San Tin, an area which will be redeveloped into a large-scale tech hub. Photo: Kyle Lam/HKFP.

Tse argued that the EIA approved by authorities was not based on the updated project details, and the environmental authorities had not held any public consultation on the enlarged area of the proposed tech hub.

Besides, the EIA did not offer any alternative plan to reduce the tech hub’s impact on ecosystem, Tse said, nor did it contain any compensational measure for the wetlands that are to be harmed.

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https://hongkongfp.com/2024/08/14/hong-kong-court-allows-legal-challenge-against-approval-of-large-scale-tech-hub-study-to-advance/