1. Hung Shiu Fung, Thomas Fischer
Public Participation Window, Time and Outcome Empirical Case Studies in Hong Kong
Hung Shiu Fung, Thomas Fischer

2. Introduction
Public participation is mostly considered as important, because:
should contribute to the identification and resolution of conflicts and facilitate project implementation (Glucker et al, 2013)
could help solving problems through suggestions of concepts, solutions and mobilizing resources (O’Faircheallaigh, 2010)
Is it the case?
How does it work?

3. Overview of Hong Kong EIA System
Mainly governed by Environmental Protection Department (EPD)
Environmental Permit based
EIA findings would be reflected in permit conditions
TWO statutory Public Inspection windows
May require Stakeholder/ Community Liaison in the Environmental Permit
Public inspection
Public inspection
Stakeholder Liaison
Project Profile /Study Brief
EIA Report
Permit
Follow ups
EIA Process
Project Implementation

4. Case 1: Biodiversity Conservation in Tung Chung
Part of the Tung Chung New Town Expansion Planning Study
Tung Ching River and Bay was known for its aquatic and coastal biodiversity
Green groups demanded keep it as it was

5. Case 1: Major EIA and project events
EIA Report Approval
3rd Project Profile & Study Brief
Project Profile Submission
Study Brief Issued
EIA Report Submission
Environmental Permit Approval
2nd Project Profile & Study Brief
2007
2012
2013
2014
2015
2016
Stage 1 Public Engagement
Stage 3 Public Engagement &
Drafted Plan release
Finalized Plan release
Stage 2 Public Engagement &
Start Drafting Outline Development plan
Revised Concept Plan

6. Case 1 Major Negotiation events
Required to conduct studies on concerned area and species
Proposed River Park added to Project Profile
Conservation measures stated as Permit Conditions
Project Profile Submission
Study Brief Issued
2nd Project Profile & Study Brief
Environmental Permit Approval
3rd Project Profile & Study Brief
EIA Report Approval
EIA Report Submission
Concerns about potential
damage to ecosystem
2012
2013
2014
2015
2016
Request “no work” at the river and bay area
Finalized Plan release
Stage 1 Public Engagement
Stage 3 Public Engagement & Drafted Plan release
Stage 2 Public Engagement
To be studied
River Park and Boundary of conservation Area Proposed
Will implement conservation measures, base of EIA result

7. Case 1: Outcome The lobbying and negotiation took 2 years
The river and bay area was modified as part of the storm water management measures
Bay area was zoned as Coastal Protection Area
River park was viewed as a compromised measure

8. Case 2: Nuisance at Telegraph Bay Barging Point
Part of the South Island Line East Railway Extension Project
The railway was generally well Perceived
Concerns over the noise and air impact associated with the barging activities

9. Case 2: Major EIA and Project Events
Project Profile Submission
Environmental Permit Approved
Study Brief Issued
EIA Report Submission & Approval
Community liaison Group meetings
2008
2009
2010
2011
2015
2016
Preliminary Design Start
Gazette of the use of Telegraph Bay Barging Point
Project Completion
Main civil works Contracts awarded
Green light from Government
Detail Design Start

10. Case 2: Major Negotiation Events
(Impact Predicted to be within Criteria)
Community Liaison Required as Permit Condition
EIA Report Submission & Approval
Environmental Permit Approved
Community liaison Group meetings
Concerns about
local nuisance
Request Additional Monitoring and Mitigation Measures
2011
2010
Objection to the use of site
Main civil works Contracts awarded
Gazette of the use of Telegraph Bay Barging Point
Additional Monitoring Mitigation Measures Implemented

11. Case 2: Outcome
Requests
Results
Use other barging point
Enhancement of Barging Point Design
Additional Monitoring
Measures to Control Trucks Type and Speed
Scheduling the works of heavy machineries
Enhancement of Landscape reinstatement
Partly
Request from the local community changed from prohibiting the use to minimizing nuisance
Negotiation focused on the contractor and site management
Significant Influence to the construction work

12. Analysis and Discussion
“Early” is a relative term
Different concerns associated with different project stage
Necessary to engage in both the EIA and Project Implementation
Project Implementation and EIA works in parallel, but not directly linked
The status of the project implementation usually not transparent
Project Profile
/Study Brief
EIA Report
Permit
Follow ups
Preliminary Design
Detail Design
Finalized Design
Green light
Construction

13. Conclusion
Public Participation in EIA have potentials to influence project design and solve socio-environmental conflicts
Having multiple participation windows helps
Neither connected to each other nor design for continuous negotiation
Depends heavily on the will, determination and “know how”
Cases that made significant change are not common
Frustration when requests got dismissed
Should EIA install provisions to align public comments with project implementation schedule?

14. Thank you!!