Lawyers divided over Central harbourfront issues

Lawyers are divided on whether there will be law enforcement problems at the military berth on the newly reclaimed Central harbourfront that will be open to the public while being managed by the army.

Their doubts came as a mainland newspaper said that anyone who mounted a legal challenge to rezoning the site would pose "a challenge to state sovereignty".

The government is asking the Town Planning Board to rezone the 0.3-hectare site from open space to military use under a 1994 Sino-British defence land agreement. The agreement stipulates that the Hong Kong government has to leave free 150 metres of the waterfront for a military dock.

In 2000, the People's Liberation Army promised it would allow public access when it was not using the berth.

But harbour protection groups argue that the original "open space" description would be enough to enable the military to use the berth. They fear a military zoning would pose more restrictions on public access to the promenade and say they may seek a judicial review.

University of Hong Kong law professor Eric Cheung Tat-ming said there could be confusion over law enforcement if the berth area were handed over to and controlled by the army even when it was not using it.