Protection of the Harbour (Amendment) Bill 2024

On May 7, 2025, the Protection of the Harbour (Amendment) Bill 2024 was passed in LegCo. The bill aims to amend the existing Protection of the Harbour Ordinance (Chapter 531) to provide clearer mechanisms for regulating reclamations in Victoria Harbour.

The primary objectives include facilitating harbourfront enhancements and non-permanent reclamations, while maintaining the principle of protecting the harbour from excessive reclamation.

The bill introduces a streamlined mechanism for harbour enhancement reclamations ("HERs") and harbour non-permanent reclamations ("NPRs"). For HERs, the Financial Secretary ("FS") may grant exemptions from the Presumption under certain conditions. The exemption applies to reclamations with a total area not exceeding 0.8 hectares, initiated by both government departments and private or non-governmental organizations.

Similarly, for NPRs, exemptions may be granted if the reclaimed area does not exceed three hectares and the duration of the reclamation does not exceed seven years. The bill also clarifies that 'protection and preservation' is no longer a separate principle, aligning the purpose of the ordinance with its original intent to regulate reclamations.

The bill establishes a formalised mechanism for assessing the need for reclamations, including an 'Overriding Public Need Assessment Report' (OPNA report) prepared by specified officers, public consultations, and a clear process for CE-in-C to determine whether the Presumption is rebutted. This mechanism aims to enhance certainty and transparency in the process.

To further facilitate the understanding of the proposed new mechanisms, a flowchart summarizing the key actions and a technical circular with detailed administrative procedures for public officers and bodies will be issued.

The proposed amendments would provide greater flexibility and encourage community-driven harbourfront enhancement projects, potentially enhancing the vibrancy and connectivity of the harbour area. Examples of such projects are provided at Annex E of the bill.

The bill has been positively received during the public engagement exercise and has cross-party support from the LegCo. There are no alternative options to effect these amendments through legislative means.