High Court refuses to grant leave for judicial review to concrete batching plant in Yau Tong

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As the Environmental Protection Department (EPD) and the Air Pollution Control Appeal Board (Appeal Board) refused the renewal application and dismissed the appeal, respectively lodged by the China Concrete Co. Limited (China Concrete) for a Specified Process Licence (SPL) for its concrete batching plant (CBP) at 22 Tung Yuen Street, Yau Tong, China Concrete made an application for leave to apply for a judicial review (JR) in the High Court on April 21, 2022. The Court of First Instance of the High Court today (January 20) handed down a decision refusing China Concrete's application.

The Court pointed out that the decisions of the EPD and the Appeal Board both met the requirements under the Air Pollution Control Ordinance, and the case is not reasonably arguable with a reasonable prospect of success. Hence the Court refused to grant leave to a JR and ordered the costs of the JR proceedings be paid by China Concrete. The spokesperson of the EPD welcomes the decision of the Court.

The EPD refused China Concrete's renewal application for an SPL earlier and the Appeal Board subsequently maintained the decision of refusal. As China Concrete's SPL has ceased, the EPD will continue to monitor the CBP and take resolute enforcement actions if the CBP is found to continue the operation of specified process without holding a valid SPL.

Ends/Friday, January 20, 2023
Issued at HKT 18:29

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