Litigation, win or lose, is a bruising experience. Fighting court battles is definitely not something I would recommend to anyone. Having fought six court cases in 11/2 years over protecting and preserving Victoria Harbour, I must admit that I feel physically exhausted, and the last thing on my mind is going to court yet again. So there would have to be an extremely good reason before I would consider going back for a seventh time.
The Society for Protection of the Harbour went to court in the past in order to protect and preserve a natural heritage and public asset of Hong Kong people. That is Victoria Harbour, half of which has already disappeared to reclamation. Each step we took was strategic, with the ultimate aim of changing the way the government looked at development of the waterfront.
First, we worked with the Legislative Council in 1996-1997 to get the Protection of the Harbour Ordinance passed. Second, in 1997, we successfully lobbied the Provisional Legislature not to delete this piece of legislation, as the executive had wanted to do. Third, in 1998-1999, we worked with the secretary for planning, environment and lands to expand the area of protection by amending the ordinance.
Fourth, we lobbied the Town Planning Board (TPB) on many occasions to minimise reclamation in various town plans. Fifth, we worked with many people and groups to provide alternative ideas to reclamation.
It was only when the TPB made the decision to proceed with the Wan Chai reclamation in 2002 that the society had no choice but to litigate. We were sure that in making the plan, the TPB had ignored its duties under the ordinance.
That first court case set in motion a series of cases that eventually led to the ordinance receiving a final interpretation this year from the Court of Final Appeal.
