Harbour Primer

Why the fuss about Victoria Harbour?

Victoria Harbour and Hong Kong's Development

Impacts of Reclamation

Protection of the Harbour Ordinance - what the law can do

However, even the law is insufficient to protect Victoria Harbour

Protection of the Harbour Ordinance - What the Law Can Do

1. The Protection of the Harbour Ordinance was proposed as a private member's bill in 1996 and passed in June 1997. The Society for Protection of the Harbour's then vice-chairperson proposed the Bill when she was a member of the Legislative Council.

2. Section 3 of the Ordinance provides as follows:

"3. Presumption against reclamation of 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 of the harbour.

(2) All public officers and public bodies shall have regard to the principle stated in subsection (1) for guidance in the exercise of any powers vested in them".

3. The Society for Protection of the Harbour instituted court proceedings for a judicial review of the Town Planning Board's decision in connection with the Wanchai Development Plan Phase II. This Plan included extensive reclamation that, in the Society's view, contravened the Ordinance. The High Court granted an order on 8 July 2003 to quash the Board's plan and order it "to reconsider the Plan and the objections thereto according to law".

4. The Judgment determined the Ordinance to mean that:

"… the purpose and extent of each proposed reclamation ought to be individually assessed by reference to the three tests of (1) compelling overriding and present need, (2) no viable alternative and (3) minimum impairment".

5. The Town Planning Board has appealed the High Court Judgment and the Court of Final Appeal will hear the case in December 2003.