The Court of Final Appeal has given the all clear for the construction of an incinerator on Shek Kwu Chau after rejecting a challenge by a Cheung Chau resident.
The five-judge panel said the reasons for the decision will be disclosed at a later date.
The judicial review on the HK$19 billion proposal was launched by Outlying Islands tourism chairman Leung Hon-wai who claimed the incinerator would affect the health of those on the nearby island.
The director of environmental protection had approved an environmental impact assessment report in January 2012 and granted a construction permit the same year.
Leung’s lawyer, Hector Pun Hei, argued that the director did not have the power to approve an application that was made by his own department.
Pun said the building of an incinerator would also involve many government departments and it would not have been difficult to get someone else to apply for the project.
He said it was a conflict of interest and against natural justice for the director of the department and his staff to apply for the project.
The five judges were not convinced by the argument.
The Town Planning Board approved the change of land use for Shek Kwu Chau in 2012 to allow the building of an incinerator.
Leung said outside the court he is not disappointed with the ruling and described it as a “glorious defeat.”
He said he will find new grounds to challenge the project.
He is also planning to to ask ships and boats of residents to gather around Shek Kwu Chau to block the construction.
Court okays construction for Shek Kwu Chau island incinerator.