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Association of Engineering Professionals in Society


Seminaron
ReviewofEIAPracticesofMajorConstructionWorks
inHongKong
15 March 2014
Background
Study Methodology
Overview of EIA Practices in Hong Kong
Review of the Operation of EIAO in Hong Kong
Review of the Advisory Council on the Environment (ACE)
Recommendations
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Funded by the Hong Kong Construction
Associations Public Policy Research Fund Associations Public Policy Research Fund -
2011
Collaborative Study with the Hong Kong
Polytechnic University
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AES Task Force Team and Hong Kong
Polytechnic University Study Team
HK PolyU Research Team :
Ir Dr Linda FAN
Prof L Y SHEN
Dr NI Meng
Dr Maggie Liyanning TANG
AES Task Force Team :
Ir Victor LO King-yin
Ir PK LEE
Ir Prof Louis LOCK
Ir Roger NG
Ir HermanAU
ProjectDirector:IrDrRaymondHOChungtai
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Ir Herman AU
Ir FAN Ying Ming
Ir Albert CHEUNG
Mr Kenny KWAN
Mr Conan SHEN
Ms Molly FU
Ms J oyce LEE
AES Task Force Team and Hong Kong
Polytechnic University Study Team y y y
SubTask AESConvenor
Interview IrPKLEE
Questionnaire(andanalysis) IrDrLouisLOCK
Forum IrHermanAU
Overseas Visit Ir Roger NG
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OverseasVisit IrRogerNG
Reporting IrAlbertCHEUNG
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Project Operation Plan
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Interviews with Practitioners, Academic and
Professional Institutions Professional Institutions
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Interviews with Practitioners
(1) Government Bureau (1)GovernmentBureau
DevelopmentBureau
EPD,HyD,DSD,CEDD
(2)Consultant
Cinotech,AECOM
Mott MacDonald
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MottMacDonald,
Environ,HKPC
(3)Contractor
ChunWo
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Interviews with Academic and
Professional Institutions
HKU
CityU
HKIE Environmental
Division
HKIEIA
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HKIEIA
HKIP
Interviews with Practitioners, Academic and
Professional Institutions
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Presentation Forum and Panel Discussion
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Questionnaire Survey at the Forum
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Meetings with Green Groups
WorldWildFund HongKong
WorldGreenOrganization
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EIA System in Hong Kong
1. Legislative Framework 1. Legislative Framework
2. Enforcement Agency
3. Roles and Responsibilities of Parties Involved
4. Approach to Environmental Protection
5. Statutory Requirements
6. Procedures for EIA Operation p
7. Public Participation
8. Public Access to Information
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EIA System in Hong Kong
1. Legislative Framework 1. Legislative Framework
EIA Ordinance (EIAO), Cap 499
Subsidiary legislation includes the following :
Environmental Impact Assessment
(Appeal Board) Regulations
Environmental Impact Assessment (Fees)
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p ( )
Regulations
Technical Memorandum (TM)
on Environmental Impact Assessment
Process
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EIA System in Hong Kong
2. Enforcement Agency 2. Enforcement Agency
EnvironmentalProtectionDepartment(EPD)is
thedesignatedagencytoenforcetheEIAO.
AnIndependentAppealBoardwillhandlethe
appealsagainstdecisionsoftheDirectorof
Environmental Protection (DEP)
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EnvironmentalProtection(DEP).
Theappealboardsdecisionshavea
bindingeffectontheDirector.
EIA System in Hong Kong
3. Roles and Responsibilities of Parties Involved 3. Roles and Responsibilities of Parties Involved
EPDmanagestheEIAprocess.Itscreensthe
proposedactivitiesthatrequireEIAreports,decides
thescopeofEIAreports,andexaminesandapproves
EIAreports.EPDdecideswhetherornotaproposed
activityshouldbeallowedtoproceedandmonitors
the environmental impacts of the proposed activity.
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theenvironmentalimpactsoftheproposedactivity.
EPDalsocoordinatesalloftheconsultationworks
relatedtotheproposedactivity.Theapplicantis
requiredtoinformthepublicoftheproposed
activityandtopreparerelevantreportsatthe
scopingandreviewingstagesoftheEIAprocess.
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EIA System in Hong Kong
4. Approach to Environmental Protection 4. Approach to Environmental Protection
Threelevelapproach:
Firstlevel isthecontrolofoverallemissionsbyimposing
variousemission/dischargelimitsandlicensesundervarious
environmentallegislation
Secondlevel istheavoidanceandminimisationofenvironmental
i t th h l i d d i id ti f d i t d
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impactsthroughplanninganddesignconsiderationsofdesignated
projectsundertheEIAO
Thirdlevel isthemitigationofresidualimpactsfor
designatedprojectsundertheEIAO.
EIA System in Hong Kong
5. Statutory Requirements 5. Statutory Requirements
Section5:
ApplyforanEIAstudybrief
Section6:
EIAreport
Section8:
ApprovalofEIAreport
Section10:
Application for EP
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ApplicationforEP
Section10:
ApplicationforvariationofanEP
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EIA System in Hong Kong
6. Procedures for EIA Operation 6. Procedures for EIA Operation
EIA Process Six Main Steps
- Screening
- Scoping
- Reporting
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- Reviewing
- Decision-making
- Monitoring
EIA System in Hong Kong
7. Public Participation 7. Public Participation
ACE theGovernment'sprincipaladvisorybody
Twopublicinvolvementstages:
Firststage:within14daysforboththepublic
andACEtocommentonthescopeoftheEIA
reportsduringthesubmissionoftheproject
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profileforapplicationofanEIASBfortheEIA
study;
Secondstage:within30daysforthepublicand
60daysfortheACEtocommentontheEIA
reportswhentheyarepublished.
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EIA System in Hong Kong
8. Public Access to Information 8. Public Access to Information
EIAORegisterOffice
ResourceCentres
EPDWebsites
GuidanceNotes
Cyber Help Bench
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CyberHelpBench
EIA Process the Six Main Steps
- Screening
- Scoping
- Reporting
- Reviewing
- Decision-making - Decision-making
- Monitoring
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EIA Process the Six Main Steps
- Screening
proceduretodeterminewhichproposed
activityshouldbesubjecttoEIA
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EIA Process the Six Main Steps
- Scoping
proceduretodecidethecoverageof
andrequirementsforanEIAreport
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EIA Process the Six Main Steps
- Reporting
proceduretodocument,interalia,
findingsoftheenvironmentalimpactsof
theproposedactivityandthemitigation
measuresfortheadverseenvironmental
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impacts
EIA Process the Six Main Steps
- Reviewing
proceduretodeterminewhetherornot
theEIAreportprovidesasatisfactory
assessmentoftheproposedactivityand
meets all the necessary requirements
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meetsallthenecessaryrequirements
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EIA Process the Six Main Steps
- Decision-making
proceduretoformallyapprove,or
approvewithconditions,orrejectthe
proposedactivity
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EIA Process the Six Main Steps
- Monitoring (Follow up)
proceduretoauditandmonitorthe
environmentalimpactofthe
proposedactivitiestogetherthe
effectiveness of the mitigation
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effectivenessofthemitigation
measuresifany
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Hong Kongs EIA System Comparing with Others
- Australia
- Canada
- Mainland China
- Singapore
- Taiwan
- United Kingdom
- USA
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Hong Kongs EIA System Comparing with Others
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1 Designated Projetcs
2 Statutory Time Frame under EIAO
3 AO R d i S 3 EIAO Report and Executive Summary
4 Guidance on Criteria and Approaches in Technical Memoradum
5 Practicality of Permit Conditions
6 Envirnmental Monitoring and Audit
7 Role of Environmental Proetction Department
8 Cross-boundary Projects
9 l i l 9 Ecological Impact
10 New Air Quality Objectives
11 Public Participation
12 Public Access to Information
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1. Designated Projects
General view EIAO Schedules 2 & 3 General view EIAO Schedules 2 & 3
satisfactory
Particular comments:
Review description/scope of designated
projects
Review on classification - some small scale
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projects so designated may turn out to have
insignificant environmental impacts due to
the advancement of technology.
2. Statutory Time Frame under EIAO
General view General view
Time frame sufficient for various stakeholders
EIA system with its statutory time limits was
efficient
Particular comments:
Need to have statutory time frame to avoid
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delay to a project
Time limit of 30 days for the public to
comment on EIA report appears too short
Time limit of 45 days for EPD to issue the SB
seems too long
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3. EIA Report and Executive Summary
General view General view
Executive Summaries in Chinese and English -
sufficient for public to understand EIA reports
EIA reports generally not presented in laymans
terms
Particular comments:
Explanations on technical terms
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Explanations on technical terms
Executive Summaries sometimes simplified too
much
Unclear meaning of baseline
Large file size for executive summaries time
consuming for downloading
4. Guidance on Criteria and Approaches in TM
General view - sufficient guidance available General view sufficient guidance available
from the TM
Some suggestions:
EPD should provide more practical guidance
on approaches for avoiding, minimising and
mitigating adverse environmental impacts of
j t d l l d f k
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a project, and lessons learned from some key
projects on the EPD website
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5. Practicality of Permit Conditions
General view conditions in EPs considered General view conditions in EPs considered
effective to bind proponents to carry out the
agreed mitigation measures to avoid or mitigate
environmental impacts
Some suggestions:
EP conditions should take account of the
implementation of a project under a number
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implementation of a project under a number
of phases or contracts
Project proponent allowed to see the draft EP
and exchange views prior to the formal issue
of the EP
6. Environmental Monitoring and Audit
General view - the web-based cyber General view the web based cyber
environmental monitoring and auditing system
in Hong Kong highly commendable
Some suggestions:
Project proponent should formulate the EM&A
plans and engage an independent body to conduct
the EM&A
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the EM&A
For private projects, IEC should be employed by
the project proponent instead of the contractor in
a similar way as required in Government projects.
Complaints should be recorded in the EM&A report
with follow-up actions
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7. Role of EPD
Some comments: Some comments:
EPD is both the regulator and project proponent
for certain designated projects. Measures are
required to ensure that the professional judgment
of EIA approval will not be negatively influenced
due to any potential conflict of interest.
EPD often carries out an in-depth and robust
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checking on the draft EIA report
Project proponent to conduct public consultation
after placing the advertisement on public
inspection. Role of EPD should be a supervisor
during this process rather than the one
responsible for answering the questions.
8. Cross-boundary Projects
Some comments: Some comments:
Sometimes necessary to take into account
cross-boundary projects, particularly the
development projects undertaken in China
Mainland which may have impact on the Hong
Kong
Recommend to develop a mechanism for
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Recommend to develop a mechanism for
exchanging information, collecting data on
major development projects (particularly
cross-boundary projects) in China Mainland
close to Hong Kong and analysing the impact
to Hong Kong.
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9. Ecological Impact
Some comments: Some comments:
Recommend establishment of a database for
the baseline ecological data and a monitoring
programme in the long term so that relevant
stakeholders will be able to make use of the
database for evaluation of potential impacts
of a designated project on the ecological
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of a designated project on the ecological
environment.
Recommend the Government and academic
institutions to work together to strengthen
the training and development of specialist
ecologists.
10. New Air Quality Objectives
Some comments: Some comments:
There is a possibility that the existing
environmental conditions at some
places in Hong Kong might have already
exceeded the new AQO. Given the
tightened AQO, it is recommended to
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tightened AQO, it is recommended to
review the feasibility of undertaking
new infrastructure projects at these
places.
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11. Public Participation
General view EIA practitioners do not consider General view EIA practitioners do not consider
that there is a lack of public participation whilst
academic and professional institutions consider
that there is insufficient public participation
Suggestion - To enhance public participation by
project proponents by reaching out to relevant
stakeholders and the public to engage them for
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stakeholders and the public to engage them for
offering comments on the project at the earliest
possible stage of the EIA process and by
including the feedback from the consultation in
the preparation of the EIA report.
12. Public Access to Information
General view The statutory EIA process is General view The statutory EIA process is
considered adequate and transparent and that
the EPD website is very useful for facilitating
public access to and retrieval of information on
various applications, EIA reports, EPs, EM&A
data and guidance documents.
Suggestion - To provide additional information
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Suggestion - To provide additional information
in the EPD website, including a summary of
comments received from the public, a summary
of environmental monitoring and audit reports
and new applicable technology for monitoring
and audit.
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The Case of Hong Kong Zhuhai Macau Bridge
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Judicial Review
22 January 2010 The applicant (Chu Yee Wah a 22January2010 Theapplicant(ChuYeeWah,a
TungChungresident)appliedforaJRonthe
decisionsoftheRespondent(DEP)madeon23
October2009and4November2009respectively
pursuanttosections8(3)and10(3)oftheEIAOin
grantingapprovaloftheEIAreportsrelatingto2
out of the 3 designated projects of HKZMB and in outofthe3designatedprojectsofHKZMBandin
grantingtheEPsfortheconstructionandoperation.
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Judicial Review
18 April 2011 The Court of First Instance (CFI) 18April2011 TheCourtofFirstInstance(CFI)
quashedthedecisionofDEPinapprovingthe
relevantEIAreportsaswellastherelatedpermits,
onthebasisoftheabsenceofquantitative
standaloneprocess.TheCFIrejectedthe
applicantscontentionsonother
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Judicial Review
27 September 2011 The judgment of CA of the 27September,2011 ThejudgmentofCAofthe
HighstatesthatthecurrentTMundertheEIAOand
theEIASBontheHKZMBhasrequirementsforthe
projectproponenttominimisepollution".The
threeCAjudgesunanimouslyruledthattheEIAO
didnothaverequirementsforastandalone
assessment of the project in EIA reports and the assessmentoftheprojectinEIAreportsandthe
HKZMBcouldachievetheobjectiveofminimising
pollutioninaccordancewiththerequirementslaid
downinthecurrentTMandEIASB.Therefore,the
CAreversedtherulingoftheCFI.
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Lessons Learnt
1 The HKZMB Judicial Review case has 1. The HKZMB Judicial Review case has
concluded that it is not necessary to carry
out a standalone analysis of background air
quality.
2. Views collected:
Important to clearly define the requirements p y q
of the EIA in Study Brief, making reference to
the TM
Requirements for a standalone assessment
should explicitly be specified in the study
brief issued by EPD
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- Role of ACE Role of ACE
- Membership
- Transparency
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Role of ACE
General view ACE has a statutory General view ACE has a statutory
responsibility under the EIAO to advise the DEP
on EIA reports for DPs
Particular Suggestion - to empower ACE to
support or turn down a project. However
reaching a consensus on the suggestion among
relevant stakeholders is expected to be difficult
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relevant stakeholders is expected to be difficult.
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Membership of of ACE
General view It is important for ACE General view It is important for ACE
members to have the appropriate technical
background to enhance their degree of
understanding of EIA reports
Suggestion - to appoint sufficient ACE
members from EIA experts, academic
i i i G G d h
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institutions, Green Groups and the
engineering sector.
Transparency of of ACE
Suggestion - after each ACE meeting the Suggestion after each ACE meeting, the
Chairman accompanied by the Secretary to
meet the media and brief them on the
subjects discussed at the meeting, main
points raised and conclusion reached
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The Way Forward
- To specify in the SB the requirement of providing To specify in the SB the requirement of providing
hyperlinks in the Executive Summaries for linking
with the relevant part of the main report for
ease of reference
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The Way Forward
- To enhance the EPD website by providing To enhance the EPD website by providing
additional information, including more practical
guidance on approaches for avoiding, minimising
and mitigating adverse environmental impacts of
a project, lessons learned from some key
projects, a summary of comments received from
the public, a summary of environmental
monitoring and audit reports and new applicable
technology for monitoring and auditing.
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The Way Forward
- To develop a mechanism for exchanging To develop a mechanism for exchanging
information, collecting data on major
development projects (particularly cross-
boundary projects) in China Mainland close to
Hong Kong and analysing their impact to Hong
Kong.
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The Way Forward
- To develop or establish a database for the To develop or establish a database for the
baseline ecological data and a monitoring
programme in the long term so that relevant
stakeholders will be able to make use of the
database for evaluation of potential impacts of a
designated project on the ecological
environment.
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The Way Forward
- To coordinate with academic institutions to To coordinate with academic institutions to
strengthen the training and development of local
specialist ecologists.
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The Way Forward
- To review the feasibility of undertaking new To review the feasibility of undertaking new
infrastructure projects at places where the
existing environmental conditions have already
exceeded the new AQO.
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The Way Forward
- To review whether the requirement for a q
standalone assessment should explicitly be
specified in the study brief issued by EPD.
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The Way Forward
- To enhance public participation by the project To enhance public participation by the project
proponents by reaching out to relevant
stakeholders and the public to engage them for
offering comments on the project at the earliest
possible stage of the EIA process and by including
the feedback from the consultation in the
preparation of the EIA report.
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The Way Forward
- To arrange a press briefing with the media after To arrange a press briefing with the media after
each ACE meeting to report on the subjects
discussed at the meeting, the main points raised
and the conclusions reached.
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Hong Kong Construction Association (HKCA)
Hong Kong Polytechnic University (HKPU) Hong Kong Polytechnic University (HKPU)
Construction Industry Council (CIC)
Hong Kong Institution of Engineers (HKIE) -
Environmental Division
Hong Kong Institute of Environmental Impact
Assessment (HKIEIA) Assessment (HKIEIA)
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Government Bureau
Development Bureau Development Bureau
Environment Protection Department (EPD)
Highways Department (HyD)
Drainage Services Department (DSD)
Civil Engineering and Development
Department (CEDD) Department (CEDD)
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Consultant and Contractor
Chun Wo Chun Wo
Cinotect
AECOM
Mott MacDonald
Environ
P d i i C il ( PC) Hong Kong Productivity Council (HKPC)
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Other Academic and Professional Institution
The University of Hong Kong (HKU) The University of Hong Kong (HKU)
City University of Hong Kong (CityU)
Hong Kong Institute of Planners (HKIP)
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Association of Engineering Professionals in Society
Seminaron
ReviewofEIAPracticesofMajorConstructionWorks
inHongKong
15 March 2014