Court of First Instance judgment overturned on 'stand-alone air quality assessment'

The Court of Appeal on Tuesday overturned the Court of First Instance judgment that caused a costly delay in the construction of the Hong Kong-Macao-Zhuhai Bridge.

Tuesday's ruling means construction on the project finally can get underway again.

Secretary for Transport and Housing Eva Cheng welcomed the appeal court's judgment, adding the government, in order to make up for lost time, will resume work on the critical span by the end of this year.

She promised the bridge will open on schedule in 2016.

The lower court had ruled that the bridge could not go forward because the government, in completing its environmental impact assessment (EIA) of the project, had failed to include a stand-alone air quality assessment.

In its appeal, the government argued that the stand-alone air quality assessment was not necessary, since the EIA that had been carried out amply covered the data.

The construction delay, however, means costs for the project will go up HK$6.5 billion, including costs for increased manpower and compressed work schedule.

Cheng said she hoped the other side would think twice about an appeal, given the unanimous, unambiguous verdict by the three appeal judges.

Alan Wong, one of the lawyers for Chu Yee-wah (who raised the litigation), said counsel would study the judgment before deciding whether to appeal.

Tuesday's finding by the Court of Appeal follows a three-day hearing in August.

In April, the Court of First Instance had brought down its ruling in favor of 66-year-old Chu, a public housing resident who suffers from a heart condition and diabetes. Chu had initiated a judicial review of the bridge project, arguing that air pollution resulting from the bridge works would affect her health.

Her counsel argued in court that a baseline study on existing air quality without the bridge should be conducted.

In the written judgment of the Court of Appeal, Justice Robert Tang, vice-president of the court, said it was not in dispute that the EIA reports did not contain a stand-alone assessment.

He accepted the government counsel's argument that minimization of air pollution could be dealt with by other laws, including one governing the issuance of vehicle registrations.

"There is no dispute that the EIA report has adequately dealt with the existing conditions," said the judgment.

Chu's counsel had submitted six reasons in support of the need for a stand-alone assessment to minimize pollution. Tang however rejected all of them, adding he had not heard any suggestion from the public that a stand-alone assessment was necessary.

Greg Wong, former president of the Hong Kong Institution of Engineers, said the project should resume as soon as possible, given it is already falling behind the Pearl River section of the bridge.

joseph@chinadailyhk.com

China Daily

(HK Edition 09/28/2011 page1)