Hong Kong court rejects delay in legal aid as reason for suspending activist’s challenge against planned tech hub
Hong Kong Free Press
A Hong Kong activist’s bid to pause a legal challenge launched against a planned tech hub because he had yet to receive legal aid has been rejected.
Eddie Tse, who is opposing the controversial San Tin Technopole project over environmental concerns, appeared at the High Court on Monday. His lawyer told the court that Tse applied for legal aid in August immediately after a judge approved his judicial review application, local media outlets reported.
But there has been no response from the Legal Aid Department in the nearly three months that have passed, the defence added.
Tse applied to suspend legal procedures for 14 days, or until legal aid is granted.
“We are literally powerless and moneyless,” Nigel Kat, the senior counsel representing Tse told the court. He said Tse is not able to hire any experts to assist the case without funding from the department.
Judge Russell Coleman rejected Tse’s application to suspend the legal procedure, adding that he would hand down the reasons for his decision on Tuesday. He added that he was disappointed and upset that staff from the Legal Aid Department did not come to the hearing.
Tse told HKFP by phone on Tuesday that he applied for legal aid services on August 14 and had submitted all documents to the Legal Aid Department by the end of that month. According to the Legal Aid Regulations, legal procedures are suspended for 42 days from the date that a legal aid application is filed. Following that window, procedures would begin and the applicant would incur legal fees.
“After 42 days, I will have to pay all the legal fees… now the government is pushing forward the development of the San Tin Technopole, and while I wish to file an injunction application, I have no money,” Tse said in Cantonese.
He was referring to the fact that his judicial review hearing is only set to start on June 9, 2025 and is expected to last for five days, but nevertheless, some of the development plans will go ahead by the end of the year.
Development starting by 2024
In early August, Tse, who is also the convenor of the green group Save Lantau Alliance, filed an application to challenge environmental authorities’ decision to greenlight the environmental impact assessment (EIA) of the San Tin Technopole development.
Approval of the report – used to identify the potential impacts of a project and minimise environmental damage – is needed for a development project to go underway.
A proposed 600-hectare tech hub near the city’s border with Shenzhen, the project has sparked concerns over its impact on wetlands and endangered species that frequent them.
According to the government, the first batch of site formation, which will not include that of the wetlands, will begin as early as the fourth quarter of 2024.
“Although the Environmental Impact Assessment (EIA) Report for San Tin Technopole is under the challenge of a judicial review, the project is underpinned by comprehensive and professional studies and extensive consultation in accordance with the laws and regulations,” a government spokesperson said in a statement in late September.
The statement added that there was “a strong voice in the society for accelerating [innovation and technological] development without further delay.”
The government has made a funding application to the Legislative Council, asking for HK$30 billion for the first batch of projects for the San Tin Technopole.
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a government plan to create a huge technology hub near Hong Kong’s border with mainland China –