Chan Ka Lam v. The Country and Marine Parks Authority

FAMV No. 411 of 2019

[2020] HKCFA 16

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 411 OF 2019 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 150 OF 2017)

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BETWEEN

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Appeal Committee: Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Cheung PJ

Date of Hearing and Determination: 12 May 2020

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DETERMINATION

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The Appeal Committee:

1.We grant leave to appeal confined to the following questions, namely:

(a) “On the true construction of section 5(1)(b) of the Country Parks Ordinance (Cap 208), in what circumstances does the Authority come under a duty to consult the Board, and thus to enable the Board to consider and advise the Authority, on the policy and programmes prepared by the Authority in respect of country parks ... including proposed country parks...? 

(b) In particular, to what extent, if any, does the Authority come under a duty to consult the Board, and thus to enable the Board to consider and advise the Authority, regarding the Authority’s assessments and decisions regarding the suitability or otherwise of designating existing enclaves as country park pursuant to the Authority’s Working Paper WP/CMPB/6/2011 published in May 2011?”

2.Subject as aforesaid, we refuse leave to appeal on the questions formulated by the applicant in her Application for Leave to Appeal dated 18 December 2019.        

3.The Appeal will be heard on 4 September 2020.

Mr Nigel Kat, SC and Mr Earl Deng, instructed by Vidler & Co., for the Applicant

Mr Abraham Chan, SC and Mr Keith Lam, instructed by the Department of Justice, for the Respondent