The government is considering whether to appeal yesterday's Court of First Instance ruling that went against its decision to conduct temporary reclamation for the Central-Wanchai Bypass project.

"It (the harbor) is an asset so central to Hong Kong's identity that it is afforded special protection. That protection, as I have said, takes the form of a presumption against reclamation," Justice Michael Hartmann said in his written judgment.

The lawsuit was initiated by the Society for Protection of the Harbour against the government's plan to reclaim 8.4 hectares of the Causeway Bay Typhoon Shelter and a new breakwater of 2.4 hectares for a tunnel, which is part of a trunk road that aims at easing traffic jam in northern Hong Kong Island.

The harbor protection group argued that the reclamation of 10.8 hectares is additional to the 15 hectares that the government has informed the public about the bypass linking Central and Wan Chai. It argued that the government had failed to consult the public.

The government argued that the reclamation was only temporary, and thus should not fall within the scope of the Protection of the Harbour Ordinance, which stipulates that "there shall be a presumption against reclamation in the harbor."

The government also contended that it had raised the proposal of temporary reclamation on various occasions and through different channels during the public consultation period.

But Justice Hartmann ruled against the government as he interpreted that "The Ordinance seeks to protect the harbor from all reclamation whether it be intended to be permanent, as will almost invariably be the case, or is intended to be in existence for some finite period only."

The government has not stipulated how "temporary" the reclamation will be, his judgment added.

He also reiterated the earlier ruling of the Court of Final Appeal in 2004 that the criteria of overriding public need to be proved by cogent and convincing materials for all reclamations.

But he did not rule whether the temporary reclamation has overriding public need as the question did not fall within the ambit of the judicial review.

A spokesman for the Transport and Housing Bureau said the government would decide whether to appeal after studying the judgment, but added that the bypass is necessary to solve traffic jam.

The spokesman added that they will evaluate the impact caused by the judgment to the bypass project, which was originally scheduled for completion by 2016.

The harbor group chairman Christine Loh stated that they were not against the construction of the bypass.

(HK Edition 03/21/2008 page1)