The government will not appeal a ruling that cancelled approval for the environmental-impact assessment of a proposed public-housing development on part of Fanling Golf Course.
The government recovered 32 hectares of Fanling Golf Course land in 2023 and planned to use 9.5 hectares for public housing.
Hong Kong Golf Club challenged the environmental authority’s approval of the project’s assessment. The High Court found for the club in part, and the Court of Appeal upheld the ruling cancelling the approval. On 24 September, the government said it had decided not to pursue a further appeal after considering legal advice and assessing the case.
The government said the judgment also clarified how supplementary environmental information should be handled. Information added outside an assessment does not automatically have to be included in statutory public consultation; the requirement depends on the circumstances of each case.
In this case, the government said the court found deficiencies in the original assessment and considered that supplementary information could remedy them. It also said the court considered limited further public consultation on that information necessary on grounds of fairness.
The environmental authority will study the judgment’s legal guidance and apply the relevant principles to future assessment approvals. For the housing scheme, the government said it would review the effect of the cancelled approval on the proposed development’s scale and timing, and announce its future direction at an appropriate time.