Central in 1938

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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No.19
of 2003  IN THE MATTER of an Application for
Judicial Review by The Society for Protection
of The Harbour Limited pursuant to Order 53 of
the Rules of the High Court - and - IN THE
MATTER of the Protection of The Harbour
Ordinance (Cap.531)
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Table of Contents
Victoria Harbour and Our Heritage Reclamation
over the years Future Reclamation

• Kai Tak
• Green Island
• Central
• Wanchai

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Stop Reclamation
1
5
Section 3 Interpretation and General Clauses
Ordinance  Harbour means the waters of Hong
Kong within the boundaries specified in Schedule
3.
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Schedule 3   BOUNDARIES OF THE HARBOUR   On the
East --- A straight line drawn from the
westernmost extremity of Siu Chau Wan Point to
the westernmost extremity of Ah Kung Ngam Point
(sometimes known as Kung Am)   On the West --- A
straight line drawn from the westernmost point of
Hong Kong to the westernmost point of Green
Island, thence a straight line drawn from the
westernmost point of Green Island to the
south-easternmost point of Tsing Yi, thence along
the eastern and northern coast lines of Tsing Yi
to the westernmost extremity of Tsing Yi and
thence a straight line drawn true north therefrom
to the mainland.
7
Protection of the Harbour Ordinance   3.
Presumption against reclamation in the
harbour   (1) The harbour is to be protected and
preserved as a special public asset and a natural
heritage of Hong Kong people, and for that
purpose there shall be a presumption against
reclamation in the harbour. (2) All public
officer and public bodies shall have regard to
the principle stated in subsection (1) for
guidance in the exercise of any powers vested in
them.
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Special Public Asset Natural Heritage of the
People of Hong Kong
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Hong Kong Harbour before reclamation
2
10
Wanchai in 1920s
3
11
Victoria Barracks and the Naval Background in 1880
4
12
Typhoon Shelter in Causeway Bay
5
13
Kellet Island as at present
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Kellet Island Summer of 1993
7
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Victoria Harbour - 1960
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Victoria Harbour - 1990
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Yachts sailing in Victoria Harbour - 1993
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Western Harbour before West Kowloon Reclamation
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A special public asset and a natural heritage of
Hong Kong People   (? Fragrant ? Harbour)   He
Dunross, the protagonist, and the Taipan of the
Noble House stared out of the window at the
gardens and the vast northern panorama of city
and seascape below. Ships and junks and sampans
dotted the azure bright blue sea. There was a
fine sky above and no promise of rain weather,
the summer monsoon steady from the southwest and
he wondered absently what the clippers had
looked like as they sailed before the wind and
beat up against the winds in this ancestors
time   P. 156, Noble House, James
Clavell Novel set in the 1960/70s in Hong
Kong
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• Dictionary meanings
•  
• Special Of such a kind as to exceed or excel
  in some way that which is --.usual or common
  exceptional in character, quality or degree.
• Natural 6. Existing in, or formed by nature
  not artificial 1568.
• Heritage 1. That which has been or may be
  inherited.
•  
• Oxford Shorter English Dictionary

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Examples of special public assets and natural
heritage of a people   Hong Kong Victoria
Harbour.   Elsewhere West Lake, Niagra Falls,
Yellowstone Park, Sydney Harbour, Great Barrier
Reef.   Essential common feature Exist in
natural state, irreplaceable and present
generation bear a duty to transmit to future
generations.
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But much of this special public asset and our
natural heritage is gone
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West Kowloon Reclamation in progress - 1990
12
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Tsim Sha Tsui and West Kowloon Reclamation
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Governments and HKIAs Reclamation Proposal
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Governments Proposal on Harbour Reclamation
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Kowloon Peninsula after West Kowloon Reclamation
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Extent of Reclamation proposed by Government
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Original Victoria Harbour
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30
Victoria Harbour after completing Governments
Proposal
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HKTA Plan for Cruise Terminal Locations
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Victoria Harbour - 1990
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Reclamation in the Victoria Harbour Reclamation
before 1945
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Reclamation in the Victoria Harbour Reclamation
up to 1945
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Reclamation in the Victoria Harbour Reclamation
up to 1967
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Reclamation in the Victoria Harbour Reclamation
up to 1977
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37
Reclamation in the Victoria Harbour Reclamation
up to 1985
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Reclamation in the Victoria Harbour Reclamation
up to 1993
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39
Reclamation in the Victoria Harbour Existing
and Committed Reclamation
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40
On 27th June 1997, there is little left of the
Harbour   Existing and committed reclamation was
over 3,500 Hectares (12.5 square miles)   This
sets the context for the Ordinance   Enough was
enough.
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Kai Tak Airport in 1990s
29
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North Point and Kowloon Peninsula
30
43
North Point and Kwun Tong
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44
But TPB Paper 2880 proposed another 636 hectares
of reclamations for the future
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Proposed Reclamation in the Victoria Harbour
32
46
Each of the reclamation schemes proposed after
1997   failed to comply with The Harbour
Protection Ordinance
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Proposed Kai Tak Reclamation
48
Proposed Reclamation of Kai Tak
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49
Proposed Kowloon Bay Reclamation
34
50
Complete Plan of Kai Tak Reclamation
35
51
Proposed Green Island Reclamation
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Green Island Reclamation Governments Proposal
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Proposed Western Reclamation
44
37
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Western Reclamation Development Plan
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Proposed Central Reclamation
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Proposed Central Reclamation Phase III
39
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Governments Central Reclamation Scheme
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Efforts by Applicant to bring the Central scheme
into compliance
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Alternative Central Reclamation Scheme submitted
to Government
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60
Alternative Central Reclamation Scheme submitted
to Government
42
61
Alternative Central Reclamation Scheme submitted
to Government
43
62
Integrated Design Proposal for Waterfront -
Gillespies
44
63

• Despite High level Government public statements
  to the contrary
•  
• We shall not reclaim the harbour unless it is
  absolutely necessary.
•  
• Bowen Leung, Secretary for Planning, Environment
  Lands, 24th November 1997, Seminar on Land
  Reserve Policy.
•  
• Victoria Park is an integral part of Hong Kong
  that we all treasure. It deserves all our
  efforts to protect it and make it more beautiful.
  For this reason, we have decided to scale back
  the reclamation planned for the Harbour
•  
• Annual Policy Address by the Chief Executive of
  the HKSAR to the Legislative Council on 6
  October 1999.
•  
• Victoria Harbour is part of our heritage. Its
  a reflection of Hong Kong and I want the harbour
  to be very beautiful, and I want the harbour to
  be a place where all the citizens of Hong Kong,
  as well as tourists from overseas, can enjoy
  themselves and this is our objective. Part of
  the reclamation is necessary because we have to
  move people through mass transit, building roads,
  railways underneath where we reclaim, but we will
  try to make sure that the harbour is truly a
  place we can all gather and enjoy and have a good
  time, and that is the objective make Victoria
  Harbour truly a place where all the Hong Kong
  people can feel very proud of.
•  
• Radio phone-in interview with the Chief
  Executive of the HKSAR, October 9, 1999.

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Town Planning Board Vision Statement for the
Victoria Harbour   Our Vision for Victoria
Harbour   To make Victoria Harbour attractive,
vibrant, accessible and symbolic of Hong
Kong.   - a harbour for the people and a harbour
of life
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• Our Goals for the Harbour
• To bring the people to the Harbour and the
  Harbour to the people.
• To enchance the scenic views of the Habour and
  maintain visual access to the harbour-front.
• To enhance the Harbour as a unique attraction
  for our people and tourists.
• To create a quality harbour-front through
  encouraging innovative building design and a
  variety of tourist, retail, leisure and
  recreational activities, and providing an
  integrated network or open space and pedestrian
  links.
• To facilitate the improvement of the water
  quality of the Harbour.
• To maintain a safe and efficient harbour for the
  transport of people and goods and for the
  operation of an international hub port.

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Statement of Intent on Reclamation     The
Harbour is to be protected and preserved as a
special public asset and a natural heritage of
the people of Hong Kong. Reclamation in the
Harbour should only be carried out to meet
essential community needs and public aspirations.
It has to be environmentally acceptable and
compatible with the principle of sustainable
development and the principle of presumption
against reclamation in the Harbour.
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Town Planning Ordinance   3. Functions of the
(Town Planning) Board   (1) With a view to the
promotion of the health, safety, convenience and
general welfare of the community, the Board
shall undertake the systematic preparation of
  (a) draft plans for the layout of such
areas of Hong Kong as the Chief Executive may
direct, as well as the types of buildings
suitable for erection therein and (b)
.   (2) In the course of the preparation of
the plans referred to in subsection (1), the
Board shall make such enquiries and arrangements
(including, if thinks fit, the taking of census
of the occupants of any buildings or of the users
of any thoroughfares or spaces) as it may
consider necessary for the preparation of such
drafts.
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Proposed Wanchai Reclamation
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Kellet Island in 1949
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Kellet Island and Causeway Bay - 1991
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Genesis of the Proposed Wanchai Reclamation
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The Proposed New CDA Development
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Wanchai Development Study prepared by Maunsell
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Wanchai Development Public Consultation
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Wanchai Reclamation Land Use Proposals
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Alternative Proposal C. W. Ho
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Governments Public Presentation - Wanchai
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Actual Wanchai Harbourfront as now Proposed
New Developments in the G/IC Zone
Sunkened Central Wanchai Bypass
Exhibition and Entertainment Facilities in the
CDA Zone
Waterfront Related Commercial and Leisure
Developments
Harbour Museum (Due to the Viewing Spot, the
Maritime Museum is out of sight
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The Wanchai Outline Zoning Plan before the
proposed reclamation
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Wanchai Outline Zoning Plan OZP S/H25/1 dated 19
April 2002
82
55
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Proposals by Mr. Brownlee
84
56
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Wanchai Outline Zoning Plan OZP S/H25/1 approved
on 14 February 2003
86
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87
Source
Pages 8, 29, 30, 31, 47 Over Hong
Kong Volume 7 - Kasyan Bartlett, Pacific Century
Publishers Ltd., 2003 Page 50 New
Wanchai Waterfront, Territory Development
Department Planning Department, April
2003 Pages 37, 38 Western District
Development Strategy Consultation Digest,
Planning Department, October 2000 Page 49
Wanchai Development Phase II, Trunk Road
Waterfront Development Proposals Consultation
Digest, Territory Development
Department, January 2002 Pages 13, 16, 17
Over Hong Kong, Volume 6 - David Dodwell
Kasyan Barlett, Pacific Century Publishers Ltd.,
2001 Pages 20, 33, 34, 35, 54, 55, 57
Planning Department Page 48
Territory Development Department Page 51
A pedestrian oriented Central/ Wanchai/
Causeway Bay Waterfront for A World Class City
study by C.W. Ho Associates,
January 2000 Pages 9, 12, 14, 21, 15, 39, 41, 42,
43 Alternative Harbour Reclamation Study by
Hong Kong Institute of Architects, June
1996 Pages 2, 3, 4, 5, 6, 7, 9, 10, 45, 46
Eastern Waters, Eastern Winds Gillian Chambers
Royal HK Yacht Club, November 1993 Page 36
Alternative Green Island Reclamation
Proposal by Hong Kong Institute of
Architects Pages 1, 44 The Society
for Protection of the Harbour Pages 22, 23, 24,
25, 26, 27, 28, 32 Exhibit Bundle Page
60 Pages 52, 53 Exhibit Bundle Page
171 Page 56 Exhibit Bundle Page
460 Page 20 HKTA, November 1998
Page 56 Ian Brownlee Page 11
By a Director of the Society Page 40
By the Hong Kong Government Pages 18, 19
Source unknown