Decision by Hong Kong officials not to designate enclaves as country park land was unlawful, judge rules
High Court backs environmental activist and says conservation and preservation values of the land were not properly considered
Hong Kong’s High Court on Thursday ordered the government to reconsider the fate of six enclaves that officials had refused to designate as country park land, ruling that it was an unlawful decision based on defective assessments.
The successful judicial review launched by an environmental activist centred on the Country and Marine Parks Authority’s decision in December 2013 not to recommend incorporating them into surrounding country parks.
“I am not satisfied that the authority had in discharge of his ... statutory duties properly made sufficient inquiries as to the conservation and preservation values of each of the six enclaves before deciding not to recommend them to be designated as country parks,” he said.
Under the Country Parks Ordinance, the authority has a duty to make recommendations to the chief executive for the designation of areas as country parks and to protect their vegetation and wildlife.
As all new developments in country parks require the authority’s consent, their designation could be seen as offering better protection to the enclaves.