Listening to the people and starting a fresh round of public consultation may be the new mantra guiding the administration, given the current political climate. But the need to engage in a fresh round of public consultation following the row over harbour reclamation is based on something more than the need to listen to the people.

The High Court ruling in August against the Wan Chai reclamation project has shed new light on the legality of the scheme. The court ruling says, first, that there must be a compelling, overriding and present need for such work; second, that there must be no viable alternative; and third, that there must be minimum impairment to the harbour.

In the light of this, there is a strong case to reassess the need for reclamation. And pending the government's appeal against the ruling, which will be heard on December 9, a most sensible move would be to suspend the reclamation work and start a fresh round of consultation.

The decision by the Executive Council to restart the reclamation project - but with a promise not to dump rock or sand in the harbour - and the meeting between harbour-protection activists and planning officials to seek common ground are the latest hints at what the future may hold. But they will not suffice to assure the public of the government's determination to protect the harbour, while getting on with developing the city.

Changes in demography, transport needs and land use compel us to think twice about the original reclamation plan we approved. According to projections of population distribution issued by the Planning Department in August, the population of Hong Kong island will fall by 87,000, from 1,327,000 to 1,240,000 by 2011. This will lead to a decrease in passenger demand and a change in land-use assumptions.

Also on the list of change are a downsized western district development reclamation project and a reduced demand for offices in the western and northern coast of the Central reclamation area, which will lead to a reduction of about 70,000 in the working population, to 90,000.

The changes also mean the projected population for the western district in 2016 has been reduced, from 230,000 to 190,000.

These amendments prompted the government in January to announce the deferral of the date of completion for the North Hong Kong Island Line to 2016, making a reconsideration of the route a possibility. New strategies in railway developments are prompting us to review the plan to build more roads. The recently announced plan by the government to build the South Hong Kong Island Line - linking Wan Chai to the southern district - which the government considers a close substitute for Route Seven, calls for a reassessment to build more roads in Central.

A vibrant waterfront promenade of international standard would certainly help beautify the area, as well as enable public access to the harbour. But if the public, for whom the promenade is meant to be built, deems it unnecessary, there is a strong case for rethinking the plan.

Such circumstances are enough to call for a suspension of the reclamation and dredging work, and to wait at least until the court's ruling in December. Although the ongoing dredging work - allegedly harmless to the harbour - complies with the law, it does little to inspire confidence about the government's sincerity in respecting public opinion.

Suspension of the work would incur additional costs in the form of compensation for the contractor, but it will be the lesser of two evils, given the precious nature of the harbour. It is also the price that has to be paid for coming up with a sensible compromise. The harbour is a special public asset and a natural heritage of Hong Kong people. It is for this reason that the preservation of the harbour was entrenched in law. To comply with the Protection of the Harbour Ordinance means something more than respect for the rule of law - we all have a duty to preserve this special asset.

A fresh round of public consultation will provide an opportunity for all parties to review the need for reclamation in the light of the court ruling, and would be in the interests of all who are mired in the controversy.

The consultation should not only be a test of public sentiment over the preservation of the harbour, but also a chance for experts on transport and the environment to air their views on revamping the whole reclamation project, in light of changing transport needs and land-use assumptions.

The administration will also stand a better chance of convincing the public that any new decision based on the results of the consultation will be the best choice between the devil and the deep blue sea.

YEUNG SUM

Chairman of the Democratic Party and a directly elected Legislative

Councillor

[South China Morning Post, October 14, 2003]