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A stroke of bad luck for some

Hong Kong, 21 June 2023: A good walk spoiled. This is the oft-quoted barb aimed at golf by people who cannot fathom why fanatics such as myself spend countless hours attempting, in the words of Winston Churchill, “to hit a very small ball into an even smaller hole, with weapons singularly ill-designed for the purpose”. But we do and we love it. Golfers have enjoyed having their good walk spoiled in this city since the late 19th century and the game has a rich tradition here. The Hong Kong Golf Association has 20,000 members.

But history and heritage are counting for little in an almighty kerfuffle over government plans to demolish this city’s – nay, Greater China’s – oldest 18-hole course to make way for public housing. Players, conservationists, politicians, NGOs, civil servants and many others have waded into the debate. Rarely has the final round of a major tournament been this dramatic.

At the centre of this emotive tussle is the hallowed Hong Kong Golf Club, which sits on 172 hectares of prime land in the New Territories. It has three 18-hole layouts and pays nominal annual rent (in 2019, some HK$2.5 million) to the government. The Old Course was built in 1911, followed in 1931 by the New Course and the Eden Course in 1969. Its Clubhouse, Pavilion and stately Fanling Lodge, still used as a residence for the Chief Executive, are all listed buildings. So much history.

Alas, Hong Kong has little time for nostalgia as it grapples with a modern problem: its chronic lack of housing. The average waiting time for a public rental flat is almost six years, nearly double the Housing Authority’s three-year service pledge. Meanwhile, there are some 110,000 subdivided units in rundown old buildings across our city, where it is common for a family of four to share a 120 sq ft space. Beijing has made it clear Hong Kong’s top priorities should be housing, housing and more housing. Chief Executive John Lee has heard the message, loud and clear.

Hence, the government is taking back 32 hectares, almost half of the Old Course, when the HKGC’s private recreational lease on the plot expires in August. It intends to use 9.5 hectares for building 12,000 public housing flats for about 33,600 residents, with the remaining area reserved for recreational and conservation uses.

The HKGC, naturally, opposes this on environmental grounds and from a commercial point of view. It insists losing the Old Course will hamper its ability to host international tournaments such as the Hong Kong Open, which it has staged since the inaugural edition in 1959. Sceptics dismiss this argument, pointing out the event is played on the so-called Championship Course, a mix of holes from the New and Eden Courses. And there will still be 10 holes left from the Old Course.

Still, the HKGC has the support of some senior pro-establishment figures. Regina Ip, Convenor of Hong Kong’s top decision-making Executive Council, has spoken out against the plan, as has former Commerce Secretary Frederick Ma, who says “the course is very important as many senior executives love to play golf”. Perhaps we should mention they are both club members.

It’s easy to portray this drama as a class struggle, the wealthy elite versus the masses in urgent need of housing, but it’s far more nuanced. First, the public do have access to the club’s facilities. To comply with the terms of its lease, the club has in recent years opened its doors wider, promoting golf in schools and providing training courses, while non-members can play on weekdays. Second, there certainly will be huge environmental impact. Property services company Colliers has produced an insightful report detailing such concerns and concludes “numerous other sites should be considered before this one”. Third, advocacy groups Greenpeace and Liber Research Community have identified 433 hectares of brownfield plots – land designated for agriculture but used for industrial purposes such as storage, workshops and recycling – in the northern New Territories that would be more suitable for development.

But the Old Course is a sitting duck. Even though the Town Planning Board is currently holding a series of public meetings at which various stakeholders – including the HKGC – are having their say, John Lee is not for turning. He has confirmed his administration will take back the plot.

Barely a decent tee shot from the HKGC is another environmental issue. Green groups are warning a 248-hectare bird haven – home to 117 species of special conservation value, including the rare Baer’s pochard and black-faced spoonbill – is under threat from government plans to build the “San Tin Technopole”, a massive innovation and technology hub. “Damage to wetlands there could threaten migratory bird populations in the East Asian-Australasian Flyway,” says Wong Suet-mei of the Hong Kong Bird Watching Society. The flyway supports some 50 million migratory birds a year.

Not to be outdone, Friends of the Earth is telling our government to step up climate leadership to achieve its carbon neutrality goal. In a statement marking the recent UN World Environment Day, the NGO warns: “As our greenhouse gas emission continues to warm the planet, extreme weather like typhoons and heatwaves will be more frequent and severe.” Its recommendations include investing in reforestation by preserving existing natural environments and restoring degraded ecosystems.

If all this seems doom and gloom for lovers of the outdoors, we do have some good news. Hong Kong police are to launch a new mobile app that provides a search and rescue smart solution for hikers in distress. The technology can detect SOS signals in complex terrain or areas without cellular network coverage. Do we need this? You bet! The number of hiking-related rescue missions here has surged from fewer than 200 in 2019 to more than 1,000 last year.

And when that happens, my friends, it really is a good walk spoiled.

Until next time, everybody!

Colin Cohen
Senior Partner
Boase Cohen & Collins

按此了解本行逾39年的專業法律經驗。

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