Hong Kong golf course housing plan hits snag as court extends suspension of approval of environmental report
Hong Kong Free Press
The suspension of the approval of an environmental impact report that may allow subsidised public housing to be built on part of a Fanling golf course has been extended by a court. It will be halted until after a verdict of a legal bid against the development is concluded.
High Court judge Russell Coleman handed down the decision on Thursday, citing a “real risk of serious, potentially irreversible, damage to the environment of the site.”
Located in the New Territories district of Fanling, the Hong Kong Golf Club is at the centre of a controversial plan to build public developments to address the city’s housing crisis. The proposal has attracted criticism from the club’s supporters who say the course is a world-class facility that should be preserved.
Legal challenge
In July, the club sought a judicial review to challenge the government’s approval of the environmental impact assessment report, arguing that there was a lack of public consultation and a failure to account for ecological concerns. The government’s Environmental Protection Department conditionally approved the assessment for developing parts of the golf course in May, green-lighting the project.
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 legal bid will be heard next May, with the court putting the report on hold in the meantime.
Applying to extend the suspension until after a verdict is delivered for the judicial challenge, the club’s lawyer Senior Counsel Benjamin Yu argued last week that the course’s century-long history gave it valuable cultural heritage, and that it had hosted international events such as the Hong Kong Open.
Yu also said the course was home to old and valuable trees which were not recorded during the tree survey conducted for the environment impact assessment report.
‘Integrity’ of golf course
Handing down his decision on Thursday, Coleman said the club had “strong merits” in its criticism of the report, and that the course was recognised to be of “important cultural heritage.”
The argument that building residential property would undermine the “integrity” of the course was strong, he added.
In a statement released on Thursday night, the government said it respected the court’s decision.
Authorities will still take back 32 hectares of the course in September, and will open part of the facilities to the public. The facilities include a pet-friendly park and walking trail.
Coleman added that as no actual construction was scheduled to commence until late 2024, the suspension would cause “no irreparable harm.”
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