The High Court ruled today (August 10) that the Antiquities Authority's decision not to declare Queen's Pier as a monument was lawful.
"We welcome the court judgment which will allow works to preserve Queen's Pier to proceed as planned," a spokesman for the Development Bureau said.
In a judgment handed down today following a whole-day hearing on August 7, Mr Justice Lam dismissed an application lodged by two members of Local Action to judicially review the Antiquities Authority's (the then Secretary for Home Affairs) decision of not declaring the Queen's Pier as a monument. The judgment contained clear references that in coming to his decision, the Antiquities Authority had duly taken into account all relevant factors, including the respective roles of the Antiquities Advisory Board, the Antiquities and Monuments Office and the Antiquities Authority. The Antiquities Authority had also given solid and concrete reasons for coming to his decision in papers submitted to the Legislative Council. In short, the Judge had upheld the procedural and substantive legality of the Antiquities Authority's decision.
"As our Leading Counsel submitted in court, which is recorded in the judgment, a decision not to declare Queen's Pier as a monument under the Antiquities and Monuments Ordinance does not mean that the Pier will not be preserved at all. The fact of the matter is the Government is responding positively to public views about the pier's historical value and has undertaken to preserve it.
"It's time to move on and the preservation works should proceed as scheduled without further delay. In this respect, the judgment refers to the fact that the Government is not constrained by Section 6 of the Antiquities and Monuments Ordinance in proceeding with the works relating to the reclamation of the harbour at the pier site," the spokesman said.
"Since handing over of the Queen's Pier works site to the Central Reclamation Phase III contractor, we have completed the hoarding works and started the condition survey. In accordance with the implementation plan submitted to the Legislative Council, this will then be followed by the removal of metalware and non-structural parts and the erection of temporary support for preservation of the structural parts of Queen's Pier. All parts to be retained will be carefully dismantled and removed for proper storage," the spokesman said.
The Government will actively engage the community in identifying the most suitable and preferred location for re-assembling Queen's Pier. This will take place in the context of Planning Department's Urban Design Study for the New Central Harbourfront, which is currently under way.
"We do not rule out the possibility of re-assembling Queen's Pier at its original location. Physical models and other illustrative materials showing options on the design ideas and locations for re-assembling the Pier would be put on display by Planning Department later this year to facilitate people to express their views," the spokesman said.
The Harbour-front Enhancement Committee under the chairmanship of Professor Lee Chack-fun and comprising nominated representatives from various professional institutions, environmental bodies and harbour-concern groups will be fully engaged in the Urban Design Study for the New Central Harbourfront.
"Taking a wider perspective, the Government is fully aware of the public feelings towards heritage expressed in relation to the Star Ferry and Queen's Pier incidents. As the Chief Executive has pledged in his policy blueprint during the Chief Executive Election, we will improve the existing heritage conservation policies, increase resources allocation for heritage conservation, and consult the public in a more in-depth and comprehensive fashion.
"The newly set up Development Bureau is tasked to deliver the Chief Executive's blueprint. The Secretary for Development has a duty to strike a balance amongst development, environment and heritage preservation, and her statutory role as the Antiquities Authority will be conducive to delivering this task effectively. Engaging the community at an early stage of the process and establishing mutual trust and understanding is the only way to ensure that the balance struck between development and conservation of heritage will have the fullest public support," the spokesman said.
Two members of Local Action filed a judicial review with the High Court on the Antiquities Authority's decision of not declaring Queen's Pier as a monument on July 30. The case was heard before Mr Justice Lam, Judge of the Court of First Instance of the High Court on Tuesday (August 7) and the judgment was handed down this morning.
Ends/Friday, August 10, 2007
Issued at HKT 15:27
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