In August 2024, Mr. Tse, a social worker and environmental activist, applied for judicial review against the Decision of the Director of Environmental Protection in May 2024 to conditionally approve the Environmental Impact Assessment of the San Tin Technopole. Leave was granted in August 2024 ([2024] HKCFI 2103), then represented by Nigel Kat SC leading Ernest Ng.
Eventually, as a result of the refusal of legal aid and acts of threats and harassment said to have occurred, Mr. Tse applied for an order that Ms. Chan, an ex district councillor and also an environmental activist, be substituted as the applicant to continue the judicial review. The Director of Environmental Protection and the Director of Civil Engineering and Development opposed the application.
In a landmark decision on 11 April 2025, the High Court, recognizing the public interest in the litigation, ruled comprehensively on the principles as to the substitution of applicants in public law cases for the first time in Hong Kong. Whilst sympathizing with the effect and consequences of the decision, and commending the pro bono representation to the Applicant, the High Court eventually ruled that Ms. Chan did not have sufficient identity of interest to that of Mr. Tse and refused the application. As a result, the judicial review was also withdrawn.
Parkside Chambers’ members appeared on both sides of the case:
Ernest Ng (together with Jason Ko), instructed by Patricia Ho & Associates on a pro bono basis, acted for the Applicant and Intended Applicant. His profile can be found here.
Leticia Tang (led by Abraham Chan SC and together with Zenith Chan), instructed by the Department of Justice, acted for the Director of Civil Engineering and Development. Her profile can be found here.
The judgment of Coleman J [2025] HKCFI 1447 can be found here.
