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Swiss Chinese Law Association — Geneva

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Legal Observatory / Dispute Resolution

Legal Update China Hong Kong SAR Rules in force

Hong Kong SAR Establishes Fishermen Claims Appeal Board for Marine Works Allowance Claims

The Hong Kong SAR Government established an ad hoc Fishermen Claims Appeal Board to hear ex-gratia allowance appeals from small fishing vessel owners affected by marine works.

What Changed

  • Establishment of the non-statutory ad hoc Fishermen Claims Appeal Board with immediate effect on November 1, 2026.
  • Appointment of Chairperson Mr Yeung Ming-tai and four non-official members to serve for the duration of the appeal process.
  • FCAB tasked with hearing three pending appeals arising from 861 applications under 25 north-eastern marine works projects.

The Government of the Hong Kong Special Administrative Region (Hong Kong SAR) announced on November 1, 2026, the establishment of the Fishermen Claims Appeal Board (FCAB). The ad hoc, non-statutory body has been set up to process ex-gratia allowance (EGA) appeals lodged by owners of fishing vessels not exceeding 15 metres in length affected by marine works projects in the north-eastern waters of Hong Kong SAR.

Under established policy, the Hong Kong SAR Government provides EGA to eligible owners of fishing vessels impacted by marine developments. An interdepartmental working group (IWG) was tasked with handling EGA applications stemming from a total of 25 marine works projects in the north-eastern waters. During the designated registration period, the IWG received a total of 861 applications.

Applicants who are aggrieved by the decisions made by the IWG concerning either their eligibility for the allowance or the approved EGA amount are permitted to appeal to the newly formed FCAB. To date, three applicants have submitted formal appeals against the IWG’s determinations: one appeal challenges the approved payment amount, while two appeals contest decisions regarding applicant eligibility. These appeals will be heard directly by the FCAB.

The FCAB comprises one non-official Chairperson, Mr Yeung Ming-tai, alongside four non-official members: Mr Au Pak-ching, Dr Chung Shan-shan, Mr Ling Man-sum, and Mr Tam Kin-lok. These appointments took effect immediately on November 1, 2026, and will remain in place until all pending appeal proceedings are fully completed.

Under its official terms of reference, the FCAB is empowered to hear and consider appeals regarding eligibility and allowance amounts. In doing so, the board will examine any new or additional information or evidence presented by the appellants, their designated representatives, or relevant government departments. After assessing the relevance and weight of such evidence, the FCAB will determine whether to uphold or revise the IWG's original decisions and fix the finalized EGA amount payable to the appellants as appropriate.

Who May Be Affected

Owners of fishing vessels not exceeding 15 metres in length affected by marine works projects in the north-eastern waters of Hong Kong SAR who lodged appeals regarding EGA determinations.

Cross-Border Context

Not applicable; relates specifically to local Hong Kong SAR marine construction ex-gratia allowance policy and administrative appeal procedures.

What to check next

  • Decisions rendered by the Fishermen Claims Appeal Board on the three pending appeals.

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

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