The High Court said it will decide next week whether to extend a temporary suspension of an environmental impact assessment (EIA) report that would pave way for the construction of public flats on part of the Fanling golf course, pending a ruling on a judicial challenge that is due next year.

The Hong Kong Golf Club had sought to overturn the government’s decision, arguing that there were flaws in the way the assessment was being conducted.

Its lawyer, senior counsel Benjamin Yu, said any housing development on the site will inevitably lead to the removal of many old and valuable trees, and that the EIA had not given that sufficient weight.

“[The development] cannot go on without violating government policy on old and valuable trees and cultural heritage”, Yu argued.

He also noted that the EIA report itself called the century-old course the “oldest surviving golf course in Hong Kong” which includes “elements no longer used in contemporary golf course design”.

He stressed the heritage value of the golf course is extremely high and forms part of Hong Kong’s “collective memory”, adding that it’s unacceptable for the city’s cultural heritage to be destroyed.

But Judge Russell Coleman said that under the amended EIA Ordinance, the government does not need to conduct another report as long as the area concerned is less than 50 hectares. He said this will reduce the current judicial review – which involves a 9.5-hectare site – into an academic discussion.

Senior counsel Rimsky Yuen, who represents the government, also questioned the purpose of the legal challenge. He pointed out that the Town Planning Board will handle issues relating to heritage preservation and tree protection even if they are not covered in the EIA report.

Yuen added that housing is a pressing issue that the current administration needs to deal with.

The temporary suspension order against authorities conditionally approving the EIA will remain in place until the court decides whether to further extend it next week.