26 Jul 2013
LEUNG HON WAI v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER
- Citation
- LEUNG HON WAI v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL49/2012
The Director lawfully approved the EIA Report and granted the environmental permit because the EIA complied with the Technical Memorandum and Study Brief in substance, the proposed off‑site mitigation (700 ha marine park) was a feasible like‑for‑like compensation confirmed sufficiently in the report and by statutory procedure, the health and pollutant assessment methodology fell within reasonable professional judgment (not Wednesbury unreasonable), technology comparisons were adequate, and internal segregation of functions within EPD eliminated actual or apparent bias; consequently all judici…