BUILDING AUTHORITY v. GOOD FORTRESS LTD

BUILDING AUTHORITY v. GOOD FORTRESS LTD

The court was satisfied on evidence including expert affirmations and the signboard's long-term unauthorised letting that (1) notice had been validly given, (2) the signboard is "building works" erected in contravention of the Buildings Ordinance, and (3) the signboard constituted an imminent danger to life or property and alternatively was carried out with a view to letting; accordingly a Priority Demolition Order under s24B was properly granted.

Citation
BUILDING AUTHORITY v. GOOD FORTRESS LTD
Parties
Applicant: Building Authority; Interested Party: Good Fortress Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 January 2017
Case Number
DCMP3411/2016
Procedural Posture
Application for Priority Demolition Order Under Section 24 B of the Buildings Ordinance (cap. 123) / Hearing and Decision (reasons Handed Down)
Outcome
Priority Demolition Order granted
Legal Topics
Priority Demolition Order, Unauthorized Building Works, Imminent Danger to Life or Property, Statutory Enforcement, Legitimate Expectation, Service of Notice
Source Language
EN
Building Law Administrative Law Public Law Public Safety Enforcement Priority Demolition Order Unauthorized Building Works Imminent Danger to Life or Property Statutory Enforcement +2 more

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Parties

Building Authority

Applicant

Good Fortress Limited

Interested Party

Procedural Posture

Application for Priority Demolition Order Under Section 24 B of the Buildings Ordinance (cap. 123) / Hearing and Decision (reasons Handed Down)

Legal Issues

  1. 1 Whether notice was given in accordance with s24B(2)-(4)
  2. 2 Whether the signboard constitutes "building works" and was erected in contravention of the Buildings Ordinance
  3. 3 Whether the signboard constitutes an imminent danger to life or property

Ratio Decidendi

The court was satisfied on evidence including expert affirmations and the signboard's long-term unauthorised letting that (1) notice had been validly given, (2) the signboard is "building works" erected in contravention of the Buildings Ordinance, and (3) the signboard constituted an imminent danger to life or property and alternatively was carried out with a view to letting; accordingly a Priority Demolition Order under s24B was properly granted.

Court Disposition

Priority Demolition Order granted

Orders

  • Applicant authorized to demolish or cause to be demolished the projecting signboard attached to the external wall at 2/F to 4/F facing Argyle Street, Golden Hill Commercial Building, Nos 39-41 Argyle Street, Kowloon
  • Applicant authorized to carry out or cause to be carried out such incidental works as the applicant considers necessary or expedient