Hong Kong social worker denied legal aid for challenge against gov’t approval of tech hub development
Hong Kong Free Press
A Hong Kong social worker has been denied legal aid for a challenge against authorities’ approval of a tech hub development, with the government citing his financial circumstances among other reasons.
Eddie Tse told HKFP on Friday that he was notified by the Legal Aid Department on Thursday that his application for legal aid had been rejected. The department cited doubts about Tse’s financial condition and his reasons for lodging the challenge, he said.
Tse, who is also the convener of the Save Lantau Alliance concern group, added that he was considering whether to appeal against the Legal Aid Department’s rejection of his application for assistance.
The social worker is pursuing a judicial review to challenge the government’s approval of an environmental report that gave a green light to proceed with the development of the San Tin Technopole, a proposed tech hub in the city’s north which environmental activists say could have grave ecological impacts.
The High Court permitted him in August to lodge the judicial review, a procedure that examines the decision-making processes of administrative bodies and which must be shown to affect wider public interest. Tse applied for assistance from the Legal Aid Department that month to help with the legal fees needed, but did not receive a confirmation.
By law, residents are eligible for legal aid if they pass the department’s “means test,” which takes into account disposable income and assets.
During a November court hearing, Tse explained that his legal aid application had been delayed, and a judge ordered the Legal Aid Department to follow up as soon as possible. During another hearing in December, a representative from the department told the court that a “third party” had raised questions about Tse’s finances.
Tse was arrested last Friday. He was reportedly accused of concealing his income in applications for subsidised housing and an old age living allowance.
Local media outlets reported sources saying that Tse had attempted to hide about HK$350,000 in income.
‘Powerless and moneyless’
Tse has sought to challenge the conditional approval of the Environmental Impact Assessment (EIA) for the development of the San Tin Technopole. Environmentalists have said the large-scale project will damage ecologically valuable wetlands and impact endangered species in the area.
The social worker said the EIA was based on old project details, and that authorities had not held public consultations after enlarging the project’s scope from 340 to 600 hectares.
Despite the legal challenge, the government said in September it would press ahead with the plan. Authorities “will not, and should not, halt a project that will bring benefits to the society simply because an individual has applied for a judicial review,” the government said in a statement.
Tse told HKFP on Friday he was unsure if he would proceed with the judicial review – which is set for June – if he could not secure assistance from the Legal Aid Department. In November, senior counsel Nigel Kat said Tse and his legal team were “literally powerless and moneyless.”
See also: The Hong Kong fish farmers set to lose their way of life to the Northern Metropolis development
The San Tin Technopole is the centrepiece of the government’s proposed Northern Metropolis development project, a major infrastructure plan aimed at integrating northern districts such as Yuen Long and Sheung Shui, as well as supporting the city’s technological ambitions.
Besides environmental concerns, the development project has also attracted criticism for its high price tag. The Development Bureau has said the first round of works for the tech hub could cost HK$30 billion.
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