20 Mar 2008
SOCIETY FOR PROTECTION OF THE HARBOUR v. SECRETARY FOR JUSTICE (ON BEHALF OF SECRETARY FOR TRANSPORT AND HOUSING)
- Citation
- SOCIETY FOR PROTECTION OF THE HARBOUR v. SECRETARY FOR JUSTICE (ON BEHALF OF SECRETARY FOR TRANSPORT AND HOUSING)
- Court
- Court of First Instance
- Case number
- HCAL116/2007
The primary purpose of the proposed temporary works is the formation of land from the foreshore/sea-bed within the ordinary meaning of 'land'; temporary reclamation that forms land falls within the Protection of the Harbour Ordinance and attracts the statutory presumption against reclamation. A declaration to that effect is warranted; the court declined to determine whether the presumption had been rebutted on the evidence before it.