The Protection of the Harbour (Amendment) Ordinance 2025 was published in the Government Gazette and came into force today.
The Development Bureau said the amended ordinance will more effectively regulate the Government in exercising its power to pursue reclamations in the Victoria Harbour.
The bureau and relevant departments are finalising administrative guidelines for the ordinance. These will be completed and published within two months. The amended ordinance received its third reading and was passed at the meeting of the Legislative Council last Wednesday.
Amending the Protection of the Harbour Ordinance, it sets out a clearer mechanism to regulate reclamations in Victoria Harbour, in particular large-scale reclamations, in order to protect the Harbour.
It also introduces a streamlined mechanism for small-scale reclamations that improve Victoria Harbour’s functions and harbourfront and for non-permanent reclamations, in order to facilitate and promote harbourfront enhancements.
According to the amended ordinance, harbour enhancement reclamations and non-permanent reclamations that meet certain criteria and are in the public interest may be granted exemption from the “Presumption against Reclamation” by the Financial Secretary.
Other reclamations in the Victoria Harbour will still be subject to the stringent presumption.
To rebut the presumption, it will be necessary to apply three considerations set out in earlier court judgment which are now incorporated in the ordinance, and to comply with the new statutory procedures.
These include preparing an assessment on a project’s “overriding public need”, publishing a report for public comment, and submitting the report and comments received to the Chief Executive-in-Council for determination.
The bureau stressed that even under existing arrangements government departments or other persons must submit proposals to carry out reclamations for consideration and approval by the Government.
It added that the amendments do not change the right of members of the public to apply for judicial review against decisions.
It stressed that the Amendment Ordinance demonstrates the Government’s commitment to protecting Victoria Harbour, and also provides a more solid legal basis for its long-term protection.
Moreover, it said the Government will have greater flexibility to promote better use of harbourfront resources and create a harbourfront that everyone can be proud of.
The Government has made it clear that there is no plan to initiate large-scale harbour reclamations to form land for housing, commercial or industrial developments.
