2 Sept 2014
LEUNG HON WAI v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER
- Citation
- LEUNG HON WAI v. DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV176/2013
By majority the Court of Appeal dismissed the appeal: the EIA report's off‑site mitigation (a firm commitment to seek designation of a c.700 ha marine park subject to MPO process and supplemented by avoidance/minimisation measures) met the Annex 16/TM/SB requirements as being feasible, practicable and reasonably implementable; the health impact assessment complied with the SB/TM insofar as the generic category 'other potential accidental events' was properly addressed by identification of event types and preventive measures rather than requiring exhaustive enumeration and improbability calcul…