SKYLINE Technologies -- News Update ( 15 March 2003 )

15 March 2003

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1. Draft Sai Ying Pun and Sheung Wan Outline Zoning Plan amended
2. Draft Mong Kok Outline Zoning Plan amended
3. Wan Chai facelift hits legal hurdle
4. Lobby group wins stay on harbour reclamation plan

1. Draft Sai Ying Pun and Sheung Wan Outline Zoning Plan amended
Hong Kong Government, 14 March 2003

The Town Planning Board today (March 14) announced amendments to the draft Sai Ying Pun and Sheung Wan Outline Zoning Plan (OZP).

The amendments mainly involve rezoning of eight sites to reflect completed developments and as-built situations. Four sites at Caine Road, High Street, Third Street and Po Tuck Street are rezoned from "Government, Institution or Community" ("G/IC") to "Residential (Group A)" ("R(A)").

The other four sites are rezoned to "R(A)2", "R(A)3" and "R(A)4" to reflect the comprehensive redevelopment schemes implemented by the then Land Development Corporation and the Hong Kong Housing Society at Queen Street, High Street and Third Street.

To retain proper planning control on these sites, development restrictions and other planning requirements such as provision of G/IC facilities and open spaces have been stipulated in the Remarks of the Notes for the "R(A)" zone. In this connection, the Third Street Playground is rezoned to "Open Space"; and the Queen Street and the roadside areas along Queen's Road West, Ko Shing Street and Third Street are rezoned to 'Road'.

The draft OZP No. S/H3/17 incorporating the amendments is now available for public inspection during office hours at the following locations:

* Secretariat of the Town Planning Board, 15th Floor, North Point Government Offices, 333 Java Road;

* Hong Kong District Planning Office, 14th Floor, North Point Government Offices; and

* Central and Western District Office, Ground Floor, Harbour Building, 38 Pier Road, Central.

Any person affected by the amendments may submit a written objection to the Secretary of the Town Planning Board on or before April 4, 2003.

Copies of the draft plan are available for sale at the Map Publications Centres in North Point and Yau Ma Tei. Its electronic version is viewable from the Town Planning Board's website (www.info.gov.hk/tpb).

2. Draft Mong Kok Outline Zoning Plan amended
Hong Kong Government, 14 March 2003

The Town Planning Board today (March 14) announced amendments to the draft Mong Kok Outline Zoning Plan (OZP).

The amendments mainly involve the rezoning of a site at the junction of Tai Kok Tsui Road and Beech Street from "Other Specified Uses" annotated "Multi-storey Car/Lorry Park" to "Commercial (1)" to better reflect the predominant retail/office use of the existing New Kowloon Plaza development.

The draft Mong Kok OZP No. S/K3/19, incorporating the amendments, is now available for public inspection during office hours at the following locations:

* Secretariat of the Town Planning Board, 15/F, North Point Government Offices, 333 Java Road;

* Tsuen Wan and West Kowloon District Planning Office, 27/F, Tsuen Wan Government Offices, 38 Sai Lau Kok Road; and

* Yau Tsim Mong District Office, G/F, Mong Kok Government Offices, 30 Luen Wan Street.

Any person affected by the amendments may submit a written objection to the Secretary of the Town Planning Board on or before April 4, 2003.

3. Wan Chai facelift hits legal hurdle
Keith Wallis, The Standard 15 March 2003

Officials could face tougher controls on reclamation projects if a judicial review finds in favour of an action over the second phase of the HK$4 billion Wan Chai scheme.

This follows a decision by Justice Michael Hartmann yesterday that prevents the Town Planning Board giving the draft zoning plan for the Wan Chai project to the Executive Council.

He agreed to an application by the Society for the Protection of the Harbour to stay the draft plan and also ordered an expedited judicial review of the harbour protection ordinance, which relates to the government's ability to reclaim land along Victoria Harbour.

Although dates have yet to be fixed, Hartmann said the judicial review, which is expected to last four days, would take place next month with a judgment in May.

He said settling the legal grounds for harbour reclamation, which would identify the projects where reclamation was justified, was more important than any delays to the Wan Chai scheme.

Benjamin Yu, counsel for Winston Chu, chairman of the harbour protection society, said the group did not oppose reclamation where it was essential. He also said existing laws meant the government could go ahead with reclamation for planned road and rail links. This was supported by the Justice Department.

But after a short adjournment government counsel argued that a stay was unnecessary and the society could pursue its action until Exco considered the draft plan. The next meeting of Exco was due to be held on April 29, and there was no guarantee it would vote on the plan then, counsel said.

But this was rejected by Hartmann, siding with Yu, who said he believed it was difficult for people to take action once plans had been submitted to Exco. It was also tougher to overturn or seek justification of Exco decisions.

Hartmann said there was also an important constitutional point at stake under the Basic Law. Citing Article 35, which grants citizens the right of access to the courts, he said: ``In a society governed by the rule of law, it is axiomatic [access to judicial remedies should prevail].''

The action was brought by Chu, who helped shape the harbour protection ordinance that has a presumption against reclamation except for essential public infrastructure. The 18-hectare reclamation was originally proposed to provide land for part of the underground Wan Chai bypass and a link to the Eastern Island Corridor.

But the Town Planning Board also approved a three-hectare harbour park, a hotel, leisure and entertainment complex and an area for a third extension to the convention centre.

Chu said these were projects for which ``reclamation of the harbour is not needed as these developments could be located somewhere else''.

Deputy chairwoman of the society Christine Loh said there were ``a number of things that were quite heartening because it was a case of great public importance''.

These included Hartmann's pledge on an early hearing that could see the case settled by the end of the year.

``All we want is a judicial pronouncement on the law. We have a view on what the harbour protection ordinance means. The government has another view. There is also an important constitutional point,'' Loh said.

``Hartmann referred to the Basic Law which gives citizens the right to make their case in court and seek judicial remedies. It might make legal history as a citizen's suit.''

4. Lobby group wins stay on harbour reclamation plan
SARA BRADFORD, SCMP 15 March 2003

An environmental group has muddied the waters for a planned reclamation project in Wan Chai after successfully applying for a High Court order to temporarily halt the development.

The Town Planning Board must now wait until a four-day hearing is completed in April and a decision handed down the following month, before it can send the draft development plan to Chief Executive Tung Chee-hwa for approval.

The planned 10.5 hectare reclamation project is to extend along the coast from the Convention and Exhibition Centre towards Causeway Bay and aims to develop an exhibition centre and commercial complex.

But lobby group Society for Protection of The Harbour raised objections on the basis that several aspects of the development breached the Protection of the Harbour Ordinance. It told Mr Justice Michael Hartmann in the Court of First Instance that if an interim stay was not granted, there would be no avenue for the group to object to the project.

It said once the drafts were passed to the Chief Executive all ability to openly scrutinise his decisions would be lost and its judicial review application would be worthless.

But the Town Planning Board argued any delay would throw the project months behind schedule and affect funding initiatives.

In ruling in favour of the protection group, Mr Justice Hartmann said the project would not suffer any delay if the matter was pushed through the courts quickly.

He added under Article 35 of the Basic Law, all residents and groups had the right to obtain judicial relief.