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Brian Wong

The government’s push to boost short-term public housing supply has suffered a setback after it lost an appeal against a court decision overturning conditional approval for building 12,000 flats on part of Hong Kong’s oldest golf course.
In a judgment delivered on Monday, the Court of Appeal found that the official endorsement of the project’s environmental impact assessment report was marred by an unfair public consultation process, the imposition of improper conditions and a failure to meet wildlife conservation objectives.
The ruling is likely to result in fresh public consultations on developing 9.5 hectares (23.5 acres) of the 32 hectares that the government took back from the 172-hectare golf course in Fanling three years ago. The project was initially slated for completion in 2029.
The government said it would review the judgment to decide whether to appeal further, adding that an announcement would be made “at the appropriate time”.
The Hong Kong Golf Club welcomed the judgment, describing the course as a “precious living heritage” of the city that remained pivotal to the development of the sport.
“The club will continue to communicate with the government, in the hope of preserving the old course and generating the greatest value for Hong Kong by fully utilising all resources and facilities at the club, which is in line with government policies of promoting golf and sports tourism,” a spokesman said.
The club, which manages the course on the remaining 140 hectares, won a judicial review in late 2024 to quash the director of environmental protection’s approval of the study conducted by the Civil Engineering and Development Department.

Mr Justice Russell Coleman, of the Court of First Instance, ruled that the government had failed to consult the public again when the civil engineering department provided additional information regarding the development’s ecological impact, which formed part of the report.
The lower court also found it unfair and unreasonable for the director to disregard the club’s responses to the new information, and that the conditions he imposed for the report’s final approval were excessive and would effectively require an overhaul of project plans, as if the study had not actually been approved.
Lawyers for the government urged the appellate court to dismiss the club’s challenge on the basis that it had become “academic” following legal amendments aimed at speeding up development of smaller plots.
The Environmental Impact Assessment Ordinance originally required a report for urban developments covering more than 20 hectares or involving a population exceeding 100,000. That definition was revised in June 2023 to cover projects of at least 50 hectares.
Rimsky Yuen Kwok-keung SC, on behalf of the director, argued the new regime allowed the government to press ahead with the project without going through an environmental impact assessment.
But the court ruled that the amendments did not relieve the director of his duty to review environmental studies that commenced before the legal changes took place.
The three presiding judges also dismissed the government’s argument that the report in the present case had become so obsolete or irrelevant it could serve no other meaningful purposes.
“The [environmental impact assessment report] and the complaints raised against it in the judicial review are plainly matters which the government at least can and may well take into account in any further deliberation, even outside of the [Environmental Impact Assessment Ordinance] regime, on the project and on the future use of the site,” the judges said.
The three judges concurred with the lower court that the department’s additional analysis on various topics, including the development’s hydrological impact, was incorrectly excluded from the report for public inspection.
They said the government’s failure to further consult the public on the matter rendered the overall process unfair.
The panel also agreed with the Court of First Instance that the director had imposed “impermissible” conditions for approving the report, which involved making significant or even fundamental changes to the project’s layout, making his decision to approve the report lack finality and certainty.
The Court of Appeal further held that the report failed to address the project’s impact on the site’s cultural heritage and ecology, such as trees classified as “old and valuable” by authorities.
The Leisure and Cultural Services Department currently manages the 32 hectares of land returned to the government in September 2023. The government has continued to make the land available for the club’s use during international tournaments.
LIV Golf Hong Kong, one of the international tournaments hosted by the club, faces an uncertain future after Saudi Arabia’s Public Investment Fund decided to pull its support.
Considered a “mega-event” by authorities, the fourth edition of the tournament is scheduled to take place at the Fanling course in February next year.
The league has long been expected to file for Chapter 11 bankruptcy protection in the United States while it continues to secure funding for a downsized competition, referred to as LIV 2.0.


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Hong Kong courts

Hong Kong government loses appeal over Fanling golf course housing plan

The Fanling golf course is the oldest in Hong Kong. Photo: Dickson Lee

The Hong Kong Golf Club manages the Fanling course. Photo: Elson Li

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Court of Appeal’s ruling is likely to result in fresh public consultations on developing 9.5 hectares of land at Fanling course


Court of Appeal’s ruling is likely to result in fresh public consultations on developing 9.5 hectares of land at Fanling course.


Hong Kong government loses appeal over Fanling golf course housing plan

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Court of Appeal’s ruling is likely to result in fresh public consultations on developing 9.5 hectares of land at Fanling course

Court of Appeal’s ruling is likely to result in fresh public consultations on developing 9.5 hectares of land at Fanling course