Court of Appeal upholds ruling against gov’t over Fanling golf course housing plan

Hong Kong's Court of Appeal has upheld a lower court's ruling against the government in a legal dispute over plans to construct public housing on a golf course in Fanling. The verdict, handed down on Monday, reaffirms a previous decision made by a judge in 2024.

The dispute centers around a judicial review lodged by the Hong Kong Golf Club, which argued that the government had violated the law when it approved an environmental report necessary for the public housing project. Judicial reviews, conducted by the Court of First Instance, scrutinize the decision-making processes of administrative bodies, ensuring they affect the wider public interest.

The Court of Appeal emphasized that the case was not about the authorities' decision to reclaim the golf club's land and build homes, but rather about the Environmental Impact Assessment (EIA) for the project. EIAs assess the potential ecological consequences of significant development initiatives and are prepared by the Civil Engineering and Development Department (CEDD) under review by the Director of Environmental Protection.

In their 2023 judicial review, the Hong Kong Golf Club contested the approval of the housing project's EIA, citing insufficient public consultation and neglect of ecological considerations. The High Court sided with the club, ordering the government to hold another round of public consultations after the Civil Engineering and Development Department submitted supplementary information, including surveys on affected bird and moth populations.

The Court of Appeal's latest ruling acknowledged "unfairness" in the consultation process. The judges stated that the new information, which should have been included in the EIA report for public scrutiny, was inadequately addressed. Consequently, the overall consultation process was deemed unfair. Additionally, the environmental authorities failed to factor in the golf club's response to the additional information, according to the judgement.

The government initiative aimed to provide housing for 33,600 residents on a 9.5-hectare portion of the Fanling golf course, part of a 32-hectare land parcel returned to the government. Following the court's ruling, the Development Bureau warned that the decision could significantly impact the project's timeline and yield, affecting Hong Kong's housing objectives.