Court rejects appeal on Fanling Golf Course assessment

The Court of Appeal has rejected the government's appeal against a High Court ruling that invalidated the environmental approval for a public housing development on part of the Fanling Golf Course. In 2023, the government had reclaimed 32 hectares of the 172-hectare golf course after its land lease expired, intending to build 9.5 hectares into 12,000 public flats.

The three-judge panel, led by Chief Judge Jeremy Poon, affirmed the initial decision that the Director of Environmental Protection had improperly approved the project's environmental impact assessment (EIA) report. The government argued that a June 2023 amendment to the Environmental Impact Assessment Ordinance had removed the project from the list of developments requiring such assessments, but the judges maintained that the approval remained relevant, as the EIA report could still be used for other purposes.

The appellate court found that the consultation process did not adequately consider supplementary information added to the EIA report and that responses from the golf club were disregarded. Additionally, the court ruled that the conditions attached to the approval effectively necessitated a substantial redesign, which was beyond the bounds of conditional approval.

The judgment also addressed the EIA report's handling of protected trees and the impact on the Old Course, considered the oldest golf course in China. The lower court had previously labeled the assessment of the damage to the Old Course as "undetermined" and "irrational," stating that the impact was "blindingly obvious." The appellate court determined that the EPD and CEDD, responsible for enforcing the conditions, were required to cover the golf club's expenses for the dismissed appeal.