Hong Kong: Lovells Acts For Hong Kong Government In Unique Environmental Appeal
Last Updated: 1 August 2001

Lovells’ Litigation Group in Hong Kong has been acting for the Director of The Environmental Protection Department ("EPD") in connection with the Appeal by the Kowloon-Canton Railway Corporation ("KCRC") under the Environmental Impact Assessment Ordinance. KCRC appealed against the EPD's rejection of its environmental impact assessment report on and its associated application for an environmental permit to build the Spur Line across Long Valley, an area of known habitat for over 200 species of birds, some of which are of conservation importance. The appeal was the first of its kind in Hong Kong.

The decision of the Appeal Board was handed down by the Chairman of the Appeal Board, Mr Barry Mortimer GBS, QC, a former Justice of Appeal and a non-permanent Judge of the Court of Final Appeal in Hong Kong. It was a unanimous judgment dismissing the KCRC’s appeals. The other two members of the Appeal Board are Professor Joseph Lee and Mr Stanley Yip. The EPD's decision was made mainly on the basis of the adverse environmental impact of the project on Long Valley.

The Lovells team was led by litigation partner, Allan Leung, who was assisted by associates Edward Seto, Graham Shuttleworth and Clara Chiu. Lovells is one of a small group of firms in Hong Kong with well-established practices in the environmental law field.

Allan Leung said :

"We are delighted to have acted for the Environmental Protection Department in this landmark appeal, which is the first of its kind under the Environmental Impact Assessment Ordinance in Hong Kong. We are obviously happy with the decision, which is a milestone for Hong Kong in so far as environmental protection is concerned. Our involvement is ana excellent example of the strength of Lovells' litigation practice and its particular expertise in environmental law.'

Lovells is a leading international law firm with over 300 partners and around 1,400 lawyers in 26 offices around the world. Our network of Asian offices encompasses all the major Asian financial and business centres and has a total staff of more than 190 in Asia, located in Beijing, Hong Kong, Ho Chi Minh City, Singapore and Tokyo offices. The firm provides a full range of business and legal services covering corporate and commercial law, banking and finance, China practice, construction, corporate finance and capital markets, environmental law, project finance and infrastructure, insolvency and restructuring, intellectual property and telecommunications, IT and e-commerce, litigation and dispute resolution and property.

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