政府终于决定不就法院撤销香港高尔夫球会一项备受争议的拟建住宅项目环保批准的裁决提出上诉。这也使一项在粉岭香港高尔夫球会旧球场收回的32公顷土地中,拨出9.5公顷兴建1.2万个公共住房单位的计划严重存疑。该土地未来的用途如今也不确定。
The government has finally decided not to appeal a court ruling revoking environmental approval of a controversial proposed housing development at the Hong Kong Golf Club. This casts serious doubt on plans to build 12,000 public flats on 9.5 hectares out of 32 hectares of land resumed from the Old Course at the club in Fanling. The future use of the land is now uncertain. It remains to be seen what course the government will adopt, including how it will remedy a flawed consultation process. Some concern groups have urged the government to clarify the future of the housing plan and the site as soon as possible.
政府将采取何种做法仍有待观察,包括将如何补救有缺陷的咨询程序。一些关注团体已敦促政府尽快厘清该住房计划及该地块的未来。
Hong Kong needs a continuing supply of land to meet residents’ demand for public housing, and it also needs to provide space for mega-events that attract people to the city. It should not be necessary to meet the needs of one at the expense of the other. The government’s decision not to appeal is therefore welcome if another site can be found for the public housing project.
香港需要持续获得土地供应,以满足市民对公共住房的需求;也需要为吸引人们前来的大型活动提供空间在一座由拥有137年历史的高尔夫俱乐部经营的豪华锦标赛球场上建造公共住房,容纳数万人,一直是个有争议的计划。这证明了对体面、可负担住房的未满足需求,这种需求必须以某种方式得到解决。但它将保护与开发、社会特权与社区需求对立起来。它还提出了保护问题,例如一块0.39公顷的林地,拥有186棵本土树木,其中包括20棵被国际视为易危的香树,具有重要的保护价值。
A significant addition to the public housing stock has been delayed long enough. The decision was reached after officials considered legal advice “holistically” – or, rightly, by looking at the wider picture. That would take into account Hong Kong’s need for more public housing for the underprivileged and for venues that raise its profile as a host of international sporting events as well as the environmental implications of any proposal. A plan to house tens of thousands of people in a public housing development on a luxury championship course run by a 137-year-old golf club was always going to be controversial. It is testament to unmet demand for decent, affordable housing, demand that needs to be addressed one way or another. But it pits conservation against development and social privilege against community needs. It also raises conservation issues, such as the fate of a 0.39 hectare patch of woodland with 186 native trees, including 20 incense trees considered vulnerable internationally and of significant conservation value.
上个月在粉岭举行的明星云集、沙特支持的LIV高尔夫香港锦标赛,证明了像粉岭球场这样的世界级场馆在体育和娱乐方面的国际吸引力。它吸引了数千名观众,包括高端海外游客。可惜的是,LIV高尔夫在美国申请破产保护后,其未来蒙上阴影。但该赛事帮助香港从疫情中恢复。此后,超级赛事日程正逐步加速,尤其是启德体育公园的开幕。
Testament to the international attraction of world-class venues such as the Fanling course for sporting and entertainment was the star-studded, Saudi-backed LIV Golf Hong Kong tournament at Fanling last March. It attracted galleries of thousands including high-end overseas visitors. Sadly, its future is now under a cloud after LIV Golf filed for bankruptcy protection in the United States. But the tournament helped Hong Kong bounce back from the pandemic. Since then the calendar of mega-events has gathered momentum, especially with the opening of the Kai Tak Sports Park.
在政府决定不上诉之前作出的判决中,香港上诉法院认定,政府对该项目环境影响评估报告的认可受到不公平公众咨询程序、不当条件的强加以及未能实现野生动物保护目标的影响。
In a judgment delivered ahead of the government’s decision not to appeal, the Court of Appeal found that the government’s endorsement of the project’s environmental impact assessment report was marred by an unfair public consultation process, the imposition of improper conditions and a failure to meet wildlife conservation objectives.
一名政府发言人表示,该判决澄清了香港环境影响评估程序下的一些重要法律原则。澄清内容包括,主管部门在决定是否在后续咨询中提及更新报告的新信息之前,必须考虑案件的性质。
A government spokesman said the judgment had clarified some important legal principles under Hong Kong’s environmental impact assessment process. The clarifications included that authorities had to consider the nature of a case before deciding whether new information that updated the report should be mentioned in a follow-up consultation.
2024年,一审法院裁定:在土木工程部门提供有关该项目生态影响的补充信息时,政府未能再次征求公众意见(这些补充信息原本应包含在相关报告中)。
In 2024, the Court of First Instance ruled that the government had failed to consult the public again when civil engineering authorities provided additional information regarding the development’s ecological impact, which formed part of the report.
判决书还指出,基于公平原则,有必要就这些补充信息再次进行有限的公众咨询。有关部门表示,环境保护部门将遵循这些指导方针,以确保未来的审批过程既公平、合法又透明。
The judgment also said that, based on the principle of fairness, it was necessary to conduct a further but limited public consultation on the additional information. Authorities said the Environmental Protection Department would follow these guidelines to ensure future approvals were fair, legal and transparent.
目前,康乐及文化事务署负责管理这块面积为32公顷的土地;该土地于2023年9月被归还给政府。政府已将该土地用于举办大型国际活动,并希望今后能继续将其用于此类用途。
The Leisure and Cultural Services Department currently manages the 32 hectares of land from the golf course that was returned to the government in September 2023. The government has made the resumed land available for the hosting of major international events. We trust it will continue to do so.
人们期待这个名为“北方大都会”(Northern Metropolis)的 mega-project 能为未来经济适用房的建设提供足够的土地。——摘自《南华早报》(SCMP)社论
It is to be hoped the Northern Metropolis mega-project can help provide enough land for future development of affordable housing. By SCMP Editorial