Lawyer slams government impact report on offshore incinerator
It was a breach of natural justice for head of environment department to approve review that gave green light to incinerator, court told
It was unreasonable for the Environmental Protection Department director to approve an impact-assessment report made by his own department on the proposed building of a massive offshore waste incinerator, a court heard yesterday.
Barrister Hector Pun Hei made the criticism on behalf of a Cheung Chau resident, who brought a judicial review against the HK$23 billion project on Shek Kwu Chau, an island south of Lantau.
In the Court of First Instance, Pun, one of the lawyers representing 66-year-old Leung Hon-wai, said it involved a conflict of interest when the director granted the permit that allowed the proposal to go ahead.
"It is a breach of natural justice to make a person a judge in his own cause," Pun said.
Leung is challenging decisions by the Town Planning Board and the director of the Environmental Protection Department, which cleared the way for the incinerator's construction. He is one of four people who lodged a judicial challenge. His was selected to proceed and the other applicants will be bound by the decision.
Johnny Mok SC, for the government, rejected a criticism by Leung's lawyers that the environmental-impact assessment report did not meet the requirements specified in a technical memorandum and a study brief from the administration.
On Wednesday, Leung's lawyer contended that the report was substandard, because the department deferred looking at how it would remedy the permanent loss of a 31-hectare marine habitat of high ecological value. That problem was to be considered in a supplementary study.