Decision not to declare Queen's Pier a monument lawful: judge

The High Court yesterday declared lawful former home affairs secretary Patrick Ho Chi-ping's controversial decision against giving monument status to Queen's Pier.

The activists who initiated the judicial review of Dr Ho's decision said they were disappointed that the judgment did not mention the need to review a 'seriously outdated and flawed' ordinance on heritage conservation, and were discussing with their lawyers the possibility of an appeal.

A spokesman for the Development Bureau said demolition of the pier would go ahead. 'It's time to move on and the preservation works should proceed as scheduled without further delay,' he said.

He added that the government would remove metal features and erect temporary support for the preservation of structural parts of the pier.

'We do not rule out the possibility of re-assembling Queen's Pier at its original location,' the spokesman said, adding the government would improve conservation policies and increase resource allocation for heritage conservation.

Chu Hoi-dick and Ho Loy, represented by Martin Lee Chu-ming SC, argued that Dr Ho, who was then the Antiquities Authority chief, acted improperly by not adopting the recommendation of the Antiquities Advisory Board. In May, the board classified the pier as a Grade I structure. The guidelines state that every effort should be made to preserve Grade I structures.

But in his judgment, Mr Justice Johnson Lam Man-hon said the power and the discretion to declare a building a monument were in the hands of the authority under the Antiquities and Monuments Ordinance. The board played only an advisory role, he said.