HO LOY v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER

HO LOY v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER

Director's and CEIC's decisions were lawful and not Wednesbury unreasonable: the Technical Memorandum and Study Brief do not mandate a species‑specific assessment absent a habitat supporting a significant population; AFCD professional advice reasonably supported that Lung Mei/Study Area did not support a significant...

Source-derived case information.

Citation
HO LOY v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER
Parties
Applicant: Ho Loy; 1st Respondent: Director of Environmental Protection; 2nd Respondent: Chief Executive in Council; Interested Party: Civil Engineering and Development Department
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2014
Case Number
HCAL100/2013
Procedural Posture
Judicial Review / Final Judgment (court of First Instance)
Outcome
Application dismissed
Legal Topics
Environmental Impact Assessment, Judicial Review, Wednesbury Unreasonableness, Statutory Interpretation, Suspension and Cancellation of Environmental Permits
Source Language
en
Environmental Law Administrative Law Constitutional Law Environmental Impact Assessment Judicial Review Wednesbury Unreasonableness Statutory Interpretation Suspension and Cancellation of Environmental Permits

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Summary, issues, holding and outcome

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Parties

Ho Loy

Applicant

Director of Environmental Protection

1st Respondent

Chief Executive in Council

2nd Respondent

Civil Engineering and Development Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the Director was obliged to carry out a species‑specific ecological impact assessment for spotted seahorses such that failure rendered information misleading/incorrect under s14(1) EIAO
  2. 2 Whether the Chief Executive in Council was required to suspend/vary/cancel the environmental permit under s14(3) EIAO because continuation would be more prejudicial to fauna/ecosystem than expected
  3. 3 Standard of review and deference to professional judgment in ecological assessments and exercise of statutory discretion

Ratio Decidendi

Director's and CEIC's decisions were lawful and not Wednesbury unreasonable: the Technical Memorandum and Study Brief do not mandate a species‑specific assessment absent a habitat supporting a significant population; AFCD professional advice reasonably supported that Lung Mei/Study Area did not support a significant spotted seahorse population; 'more prejudicial' under s14(3) requires significant or serious adverse change and CEIC properly exercised discretion on the evidence and mitigation measures; application dismissed.

Court Disposition

Application dismissed

Orders

  • Costs to respondents to be paid by applicant, to be taxed if not agreed
  • No order as to costs for the interested party