New Ordinance Enhances Protection and Regulation of Victoria Harbour Reclamations

Protection of the Harbour (Amendment) Ordinance 2025 comes into force

The Protection of the Harbour (Amendment) Ordinance 2025 (the Amendment Ordinance) was gazetted and came into force today (May 16).

The Amendment Ordinance received its third reading and was passed at the meeting of the Legislative Council last Wednesday. The Amendment Ordinance aims to amend the Protection of the Harbour Ordinance (Cap. 531) (the Ordinance), and seeks to, on one hand, set out a clearer mechanism to regulate reclamations in Victoria Harbour (the Harbour), in particular large-scale reclamations, for protecting the Harbour; and on the other hand, introduce a streamlined mechanism for small-scale reclamations which improve the functions and harbourfront of the Harbour as well as non-permanent reclamations in the Harbour, in order to facilitate and promote harbourfront enhancement for public enjoyment and to strengthen harbour functions.

According to the amended Ordinance, harbour enhancement reclamations and harbour non-permanent reclamations meeting certain criteria and are in the public interest, may be granted with exemption from the "Presumption against Reclamation" (the Presumption)by the Financial Secretary under the streamlined mechanism to facilitate these works which could benefit the community.

Other reclamations in the Harbour will still be subject to the stringent Presumption. To rebut the Presumption, it is not only necessary to consider the three considerations set out in earlier court judgment (which are now incorporated as part of the Ordinance), it is also obligatory to comply with the new statutory procedures, which include: to prepare an assessment on the "overriding public need" of the project, to publish the report for public comments and to submit the report and the comments received to the Chief Executive in Council for determination on whether the Presumption is rebutted.

A spokesperson for the Development Bureau (DEVB) said, all along, if any government departments or other persons have proposals to carry out reclamations in the Harbour, they must first be considered and approved (if granted) by the Government in accordance with the Ordinance. The amended Ordinance will more effectively regulate the Government in exercising the power to pursue reclamations in the Harbour. On the other hand, the amendments of the Ordinance do not change the right of members of the public in applying for judicial review against the decision of the Administration.

The spokesperson said, the Amendment Ordinance demonstrates the Government's commitment to protecting Victoria Harbour, and also provides a more solid legal basis for the long-term protection of the Harbour. Moreover, the Government will have greater flexibility in connecting the harbourfront and enhancing the harbour functions, which will promote the better use of harbourfront resources, and creating with the community a Victoria harbourfront that everyone could be proud of. The Government has reiterated that there is no plan to initiate large-scale harbour reclamations to form land for housing, commercial or industrial developments.

With the amendments to the Ordinance coming into force, the DEVB and relevant departments are finalising the administrative guidelines, which will be completed and published within two months. During the consultation and examination of the legislative amendments, the Government received a number of suggestions on how to improve the harbourfront on both sides of the Harbour. The Government noted the views received. Subject to the availability of resources, the Government will exchange ideas with various sectors, with a view to leveraging the facilitations brought by the streamlined mechanism for taking forward more works that are conducive to the public's enjoyment of the Victoria harbourfront.

Notice on appointments to advisory and statutory bodies

A Government spokesman said today (January 12) that Mr Chan Kin-por recently sought approval from the Chief Executive to suspend his three public positions as appointed by the Chief Executive, until the completion of the work of the Independent Committee in relation to the fire at Wang Fuk Court in Tai Po (Independent Committee). Mr Chan made this request to allow himself more time to dedicate to the work of the Independent Committee. After due consideration, the Chief Executive has agreed to and approved this request. The three public positions are: (1) Chairman of Independent Commission Against Corruption Advisory Committee on Corruption; (2) Non-executive Director of Urban Renewal Authority Board; and (3) Member of Honours and Non-official Justices of the Peace Selection Committee.

On December 12, 2025, the Government established the Independent Committee to examine the causes of the incident and related issues, ascertain the facts, and make recommendations on preventing similar tragedies and on improvement measures. The Independent Committee is chaired by Mr Justice David Lok, with Mr Chan Kin-por and Dr Rex Auyeung Pak-kuen serving as members. The Independent Committee held its first meeting on December 19 last year and aims to complete its work within nine months of commencing operations.

Mr Chan Kin-por wrote earlier to the Chief Executive, expressing his wish to suspend the aforementioned three public positions until the Independent Committee completes its work, in order to dedicate more time and focus to the Independent Committee's tasks. The Chief Executive has agreed to and approved the request.

A Government spokesperson said that since the fire at Wang Fuk Court in Tai Po, both the Government and the wider community have been highly concerned about the causes of the incident and the follow-up work. The scope of the Independent Committee's work is extensive, particularly concerning systemic issues related to bid-rigging and connected interests. Given the numerous issues involved and their complex nature, the Government will fully co-operate with the Independent Committee to ensure that it can complete its work and compile its report within nine months. The Government extends its gratitude to Mr Chan for accepting the appointment as a member of the Independent Committee and for his professional and conscientious approach to the Committee's work. When the Independent Committee's work is completed, the Government looks forward to Mr Chan's continuous contribution through his aforementioned public positions.

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