Court of Appeal throws out Judicial Review of Country Park enclave designation

hoi ha afcd

In 2014, Chan Ka-lam, a founding member of the Save Our Country Parks Alliance, sought a Judicial Review claiming that the Country and Marine Parks Authority “misused its power” in making the decision not incorporate six enclaves into the Country Parks themselves. These were the enclaves of Hoi Ha, Pak Lap, To Kwa Peng, Pak Tam Au, So Lo Pun and Tin Fu Tsai.

Yesterday, 15 May, the Court of Appeal issued a judgment dismissing the application and upholding the original judgment. The judge pointed out that the failure of the Director of  Agriculture and Fisheries Department (the Authority) was not bound by legislation to consult the Country and Marine Parks Board. The Board only had to make recommendations on policy and the proposals. Therefore, the actions were not illegal.

The Court of Appeal dismissed the Applicant’s appeal and rejected the Respondent’s contention.

The full judgement can be found at https://www.doj.gov.hk/eng/public/pdf/2019/CACV_150_2017e.pdf


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