Law change must not shrink our harbour

Best intentions may be behind a government proposal to relax Hong Kong’s harbour protection law, but officials must be careful to ensure changes do not pave the way for any further shrinking our most defining natural feature.

Commissioner for Harbourfront Leonie Lee Hoi-lun floated the idea of an amendment on February 19, saying authorities hope to “remove barriers” to approvals of small-scale reclamation work to spruce up the waterfront for public use.

She said the threshold for approvals under the Protection of the Harbour Ordinance was too high for such projects, including a proposal to improve safety at a popular shoreline area in Kennedy Town where people gather to watch sunsets. Lee said even a small boardwalk to keep visitors away from a busy road nearby “can be regarded as harbour reclamation work”.

The ordinance limiting land reclamation in Victoria Harbour was put in place just before the 1997 handover, following public outcry over large-scale projects in the 1980s and ’90s. Land for development has narrowed the waters to the point that the distance between shores in Central and Kowloon has been cut in half, to less than 1km.

A landmark Court of Final Appeal ruling in 2004 further tightened rules to require proof of “overriding public need” for reclamation works. The court said circumstances must be compelling and offer no reasonable alternative. The government deserves credit for responding to concerns in recent years and adjusting development plans to emphasise the use of the waterfront for public use.

The Harbourfront Commission, which serves as an advocate and champion for the harbour, says easing rules may be acceptable to facilitate small-scale projects that improve connectivity and increase public space as long as reclamation for development is off the table.