Mallesons Stephen Jaques
Environment and planning - Hong Kong

Recent matters

Acquisition of offshore oil interests

We acted for an international oil company on an environmental due diligence in relation to a proposed acquisition of offshore oil production, exploration and development interests in China.

Chemical import regulatory review

We acted for a U.S. law firm on a Hong Kong regulatory review of laws relating to the import and export of chemicals. This included looking at a range of environmental laws, regulations and guidelines as well as import and export laws and regulations.

Draft Clear Water Bay Peninsula South Development Permission Area Plan

We advised indigenous villagers in an objection hearing by the Objection Hearing Committee of the Town Planning Board in respect of the Draft Clear Water Bay Peninsula South Development Permission Area Plan.

Heritage Hong Kong

We acted for Heritage Hong Kong in a judicial review application against Town Planning Board’s decisions in respect of the Outline Zoning Plan over the Former Central Police Station, Victoria Prison and Central Magistracy.

Sustainable chemical usage

We worked with an international chemical company to implement the Stockholm Convention on the management of persistent organic pollutants after shifting to more sustainable chemical usage, including organising and contracting for the supply of 10,000 tonnes of hazardous waste to be destroyed in Europe.

Environmental legal risk management strategy for major construction contractor

Our lawyers developed an integrated risk management strategy for a major construction contractor. This involved a detailed review of its existing environmental management system against a matrix of legal risks presented by Hong Kong environmental law to the company and its officers. As far as we are aware, it is the first time a major contractor has taken an integrated approach to legal risk presented by its environmental performance across all its construction activities. There was a particular emphasis on managing and mitigating legal risk presented to directors and other corporate officers motivated by recent changes to Hong Kong environmental law.

Route 8 Eagle’s Nest Tunnel

We are acting for the main contractor on the project to build Route 8 Eagle’s Nest Tunnel. The 2.1 km Route 8 Eagles Nest road tunnel will link Butterfly Valley in Kowloon to Sha Tin in Hong Kong’s New Territories. We recently advised the contractor on its dispute with the Environmental Protection Department regarding construction noise permits and potential prosecution for an alleged breach of the Noise Control Ordinance. We are also advising on the claims against the Employer, Highways Department, for prolongation costs and extensions of time as well as issues on impossibility adverse ground conditions and misrepresentation.

Environmental compliance disputes, Hong Kong

We act for an international joint venture contractor currently carrying out one of the largest tunnelling projects in Hong Kong. The project is being carried out in a noise sensitive area and noise control mitigation has to be carefully planned and implemented by the contractor. Our team are advising the contractor to resolve its disputes with the Environmental Protection Agency through mediation. These decisions concerning noise permits would normally be challenged by judicial review. As far as we are aware, this will be the first true environmental mediation in Hong Kong.

 

 

First-tier ranking, environment

PLC Which Lawyer? Yearbook 2005-2006