Court cannot be misled

 

 

Commenting on reports that the Government and its legal representatives had misled the judge at the hearing of an application from the Society for Protection of the Harbour to stop reclamation in Central on October 3, a Government spokesman said today (October 13) that such an allegation was very serious.

 

The spokesman said that the application was heard in open court and both parties provided evidence and made submissions to the judge in support of their respective cases. Each party had the opportunity to comment on the evidence and submissions made by the other before the judge.

 

"It is entirely in order for the judge to decide on the application based on the evidence and the legal submission presented to him by both parties and to arrive at his own conclusions. There is no question the judge was misled," the spokesman said.

 

At a joint meeting of Legislative Council's Panel on Planning, Lands and Works and Panel on Environmental Affairs this (October 13) afternoon, some members expressed that the Government and its legal representatives had led the court to believe that reclamation was not irreversible and the Government would suffer huge financial losses if the court ordered the work be stopped pending the outcome of a judicial review.

 

"Under Hong Kong's judicial system, any party involved in a court case can appeal if he or she disagreed with the court ruling," the spokesman added.

 

End/Monday, October 13, 2003

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