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A court ruling that deserves more respect

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The rule of law is often said to be one of the jewels in Hong Kong's crown. It is an advantage we have over our rivals in the region, providing a level playing field for the settling of disputes, making our city a more attractive place in which to live and to do business.

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While the government frequently expresses its support for the rule of law, and uses it to help promote Hong Kong, some departments are not always so enthusiastic when it comes to complying with court judgments that have gone against them.

As we report today, reclamation work is continuing in Central despite a Court of First Instance ruling last month that cast doubt on the legality of such projects. The judgment concerned a different part of the harbour, in Wan Chai, so the government is not breaching the order made by the court. But it is paying little regard to the spirit of the ruling.

The court ruling effectively set a new threshold to be met before reclamation projects can be approved. This was done by interpreting the Protection of the Harbour Ordinance, a law intended to ensure reclamation work is only carried out if really necessary. The decision means the government has to reconsider all its reclamation projects to make sure they meet the standards set out in the ruling. Otherwise, it could face further legal action.

Such a review is underway but has not yet been completed. The government has also launched an appeal against the court decision. Meanwhile, the legality of reclamation projects such as the one in Central remains in doubt. Yet the government intends to push ahead with it.

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This does little to inspire confidence in the government's support for the rule of law. It means the officials responsible are willing to continue with a project which they know may, in the light of the judgment, be illegal. And once this part of the harbour is reclaimed, there will be no going back. The appropriate course of action would be to down tools until the law has been settled. This may be costly but it is important for the government to show it respects the law.

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