A paper given to the Society of Construction Law Hong Kong on 24 February 2004
In 2003, the Town Planning Board ("the Board") decided to submit to the Chief Executive plans for further reclamation of the harbour. In an application for judicial review, Madame Justice Chu quashed those decisions. In its judgment in The Town Planning Board v Society for the Protection of the Harbour Ltd [2004] HKCFA 5, the Court of Final Appeal unanimously confirmed Madame Justice Chu's decision.
The author examines the Court of Final Appeal judgment, analysing the tests used and looks at the practical implications of the judgment in relation to the harbour, the construction industry and town planning.
Introduction – The Judgment – Overriding Public Need – Environmental and Social Needs – Convincing and Cogent Evidence – Correct Test in Judicial Review Cases – Practical Implications for the Industry, Professionals and the Government
The author: Charlie Manzoni is a barrister, and a member of Des Voeux Chambers, Hong Kong.