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Letter to Sir David Wilson, Governor - Petition for his rejection of the Proposed Golf Course at Shalotong

APPENDIX

IMPLICATIONS OF THE SHALOTONG EPISODE FOR CONSERVATION POLICY

We note below the implications for conservation policy in Hong Kong of proposal to develop Shalotong. We hope that these principles will be included in the conservation policy to be drafted by the Government.

1 Establish principles for the use of country parks

The purpose of the country parks and the uses to which their land may be put must be more clearly stated in legislation. For example, the reference in Section 4(c)(i) of the Country Parks Ordinance to the parks' "use and development for the purposes of recreation and tourism" has given rise to confusion. The interpretation of this Section to justify the building of hotels, marinas, theme parks or sports stadia is ruled out by other sections of the Ordinance. However, the appropriate uses of the country parks need to be more clearly stated.

We believe that the country parks’ chief value is as wilderness, the beauty of nature in an unspoiled state. To enable the people of Hong Kong to enjoy this beauty, there should be proper access, including limited car parking, and facilities such as paths, barbecue pits and shelters.

2 Economic value of conservation

Conservation and economic concerns should not be regarded as opposed. The argument was put forward by the district board members in approving the development of Shalotong that it would bring jobs and prosperity to the area. However Hong Kong as a whole cannot continue to prospers unless it remains an attractive place for its people to live and work in and for visitors to enjoy. Our successful economic competitors such as Singapore have significantly more advanced conservation policies than Hong Kong. Hong Kong cannot afford to neglect conservation.

3 Use of adjacent land

The village of Shalotong is excluded from the country park boundary. The argument was therefore been put forward that if the proposed development including country park land was not accepted the developer would go ahead with an environmentally "worse" scheme on the land outside the park boundary, and would be within his rights. However, this cannot be an appropriate principle. While care must be taken not to restrict the use of private property not on country park land, where such land is next to or surrounded by country park the impact of the proposed development on the park itself cannot be ignored. Guidelines are needed for such cases, perhaps based on the provisions of Section 24 of the Ordinance in relation to "special areas".

4 Public consultation

Conservation issues affect the general public and should be discussed publicly. Much of the discussion of the application to develop Shalotong took place behind closed doors.

5 Country parks belong to all the people

Conservation issues affect the whole of the Hong Kong people and should not be left to local interests to determine. The Pak Sin Leng Country Park is for the enjoyment of all Hong Kong people and its proposed development is not a matter primarily for the local district board or land office.

6 An independent Conservation Authority

Vested interests should not be permitted to a decisive say in conservation-related decision. It is not known whether the district board members who approved the application were independent of the developer; it is clear, however, that the Legco member for Tourism who chairs the Country Parks Board Planning Committee cannot be regarded as independent of producer interests. The Director of Agriculture and Fisheries, who has responsibility for the commercial prosperity of this sector of the economy, is not the appropriate officer to be the Authority for the Country Parks. Hong Kong needs an Conservation Authority.

7 Independent environmental appraisal

An independent appraisal of the environmental impact of development projects must be conducted. If the developer himself conducts the survey there must be a properly independent audit of his report, since he cannot be independent.

8 Environmental bond

Where a development is approved subject to certain environment conditions, the developer should put up a bond to guarantee his performance in meeting these conditions. In the Shalotong case the developer’s bond relates only to the public access conditions, not to the environmental aspects.

Policy Paper - page revised 23-09-2002
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