Original language

English

Country
China
Date of text
Status
Unknown
Type of court
Others
Sources
Court name
High Court of Hong Kong
Reference number
[2001] HKCU 11
Tagging
Wetlands, Wildlife, Land Use, Environmental Impact Assessments, Evidence, Permits, Inspections, Damages, Criminal, Jurisdiction
Free tags
Land & soil
Justice(s)
P. Cheung.
Abstract
On 24 January 1997, the Draft Sha Lo Tung Development Permission Area Plan was gazetted. The Chief Executive in Council approved the Sha Lo Tung Development Permission Area Plan on 20 April 1999. On 14 December 1999, the Chief Executive in Council extended the Plan for one additional year up to 24 January 2001. The purpose of the extension is to enable the Town Planning Board to consider objections and options put forward by the applicant on the development of Sha Lo Tung. The applicant challenged the extension by judicial review. The Court held: The decision to extend the Plan is a lawful and rational one so as to enable the Town Planning Board to consider the options put forward bythe applicant. The designation of the north-east area of Sha Lo Tung as a Site of Special Scientific Interest is not unlawful or irrational. There is evidence which is capable of enabling the Town Planning Board to form the view that the north-east area should be designated as a Site for Special Scientific Interest: the marshland in the north-east and the streams in the Sha Lo Tung form the ecological structure for wildlife habitat.