The “Protection of the Harbour Ordinance” is proposed to relax the restrictions on demolition of walls for improvement projects

The “Protection of the Harbour Ordinance” is proposed to relax the restrictions on demolition of walls for improvement projects

The “Protection of the Harbour Ordinance” is proposed to relax the restrictions on demolition of walls for improvement projects

Figure: Schematic diagram of the coastal steps in Wan Chai and Causeway Bay

[Ta Kung Pao News]Reporters Zheng Wendi and Liu Shuoyuan reported: The Development Bureau adjusted the proposed amendment to the “Protection of the Harbour Ordinance” to introduce a time limit of up to seven years for non-permanent reclamation, with a maximum extension of one year to ensure that the project is completed within a reasonable time; it is also recommended that harbour improvement projects with an area of ​​no more than 0.8 hectares and that meet the specified categories can apply for reclamation. The draft amendment will be submitted to the Legislative Council this year, and proposed projects such as the construction of a pedestrian boardwalk on the New Waterfront Road in Kennedy Town and the improvement of the waterfront near Hung Hom and To Kwa Wan are expected to benefit. Wu Yongshun, chairman of the Harbourfront Affairs Committee, said that the proposed amendments are like “loosening the tight ring” for the waterfront improvement projects.

Before the return to China, the Legislative Council passed the Protection of the Harbour Ordinance, which prohibits land reclamation in the harbour unless there can be demonstrated to be an overriding public need. Last year, the Development Bureau proposed amending the ordinance, proposing to strengthen the regulatory system for large-scale reclamation projects, while relaxing restrictions on designated harbour improvement projects and non-permanent reclamation wall demolition.

After public consultation, the Development Bureau adjusted some of the proposed amendments, including proposing to write a mechanism to regulate “large-scale reclamation” into the Ordinance, including requiring an assessment of whether the proposed reclamation meets the “overriding public need” test to overturn the “presumption of non-reclamation”, and empowering the Chief Executive in conjunction with the Executive Council to decide whether he is satisfied.

The government also suggested that only “harbour improvement projects” that meet the specified categories and area limits can apply for exemptions. In response to public opinion, the government suggested adding three categories to the original proposed list, namely ramps, wave-breaking devices, and hangers, cranes and parking lots for ship maintenance purposes, covering a total of 14 types of facilities; the reclamation area does not exceed 0.8 hectares, and the application for exemption must also be approved by the Financial Secretary. As for non-permanent reclamation, the original proposal is followed, which shall not exceed three hectares, and the time limit is changed from no more than three years but no limit on the number of periods to a total time limit of seven years, but an application for an extension of the time limit can be applied once, not exceeding one year.

Submit to the Legislative Council for review within this year

The latest document submitted by the Development Bureau to the Legislative Council stated that the draft amendment to the ordinance will be submitted to the Legislative Council within the year, and it is expected that if the amendment is passed, a number of proposed waterfront projects, including the new seaside pedestrian boardwalk in Kennedy Town, the extension of the coastal steps in Wan Chai and Causeway Bay to the water body, etc., are expected to benefit.

Wu Yongshun said that the Protection of the Harbour Ordinance protects the coastline of Victoria Harbour from being destroyed, but only projects that meet the “overriding public need” test requirements can be promoted, making it difficult for engineering departments to promote related projects to improve the public’s use of the seaside. He believes that amending the Protection of the Harbour Ordinance is “loosening the tight ring”.

Ho Man-yiu, a member of the Waterfront Affairs Committee, believes that this fine-tuning will help speed up the connection of waterfront public spaces and enhance the flexibility of using public space facilities. He described the new revision as not only demolishing walls and loosening restrictions on the original practices, but also formulating standards.

The vice-chairman of the Legislative Council’s Development Affairs Panel, Lam Siu-lu, said that the amendments will provide clearer regulations for reclamation projects, relax restrictions on the demolition of walls for small seaside projects, while maintaining extremely strict requirements for large-scale reclamation projects, which will help transform the function of the harbour.

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