RE A WALL SIGNBOARD ATTACHED AT 3/F-10/F, CHINA TRAVEL (CARGO) LOGISTICS CENTRE, NO.1 CHEONG TUNG ROAD, HUNG HOM, KOWLOON LOCATION 2: EXTERNAL WALL FACING HUNG HOM STATION

RE A WALL SIGNBOARD ATTACHED AT 3/F-10/F, CHINA TRAVEL (CARGO) LOGISTICS CENTRE, NO.1 CHEONG TUNG ROAD, HUNG HOM, KOWLOON LOCATION 2: EXTERNAL WALL FACING HUNG HOM STATION

The court granted the priority demolition order because the BA proved the signboard was an unauthorised structure posing imminent danger and erected for letting, and the BA complied with statutory notice requirements; Mr Li could not validly represent CTCM under RDC Order 5A r2 so his submissions had no effect on the entitlement to the order; costs were refused because CTCM had no valid participation and the DoJ instruction predated Mr Li's filing; no order on demolition costs was made because interested parties were not present and no warning had been given that costs recovery would be sought at the hearing.

Citation
RE A WALL SIGNBOARD ATTACHED AT 3/F-10/F, CHINA TRAVEL (CARGO) LOGISTICS CENTRE, NO.1 CHEONG TUNG ROAD, HUNG HOM, KOWLOON LOCATION 2: EXTERNAL WALL FACING HUNG HOM STATION
Parties
Applicant: Building Authority; Owner: Owner of China Travel (Cargo) Logistics Centre; Person Affected: Yamatoo Japan Limited; Operator / Interested Party: China Travel Cultural Media Hong Kong Limited; Advertising Agent / Person Affected: Real Media International Company Limited; Applicant Under S24 B(7) / Purported Representative: Li Lyu (李旅)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 March 2017
Case Number
DCMP545/2017
Procedural Posture
Miscellaneous Proceedings Under S24 B Buildings Ordinance / Hearing and Decision on Application for Priority Demolition Order
Outcome
Priority demolition order granted; costs of the application refused; no order made in respect of demolition costs
Legal Topics
Priority Demolition Order, Section 24 B Buildings Ordinance, Costs, Demolition Cost Recovery, Representation of Corporations (rdc Order 5 A)
Source Language
EN
Building Law Administrative Law Civil Procedure Public Safety Enforcement Priority Demolition Order Section 24 B Buildings Ordinance Costs Demolition Cost Recovery +1 more

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Parties

Building Authority

Applicant

Owner of China Travel (Cargo) Logistics Centre

Owner

Yamatoo Japan Limited

Person Affected

China Travel Cultural Media Hong Kong Limited

Operator / Interested Party

Real Media International Company Limited

Advertising Agent / Person Affected

Li Lyu (李旅)

Applicant Under S24 B(7) / Purported Representative

Procedural Posture

Miscellaneous Proceedings Under S24 B Buildings Ordinance / Hearing and Decision on Application for Priority Demolition Order

Legal Issues

  1. 1 Whether the signboard constituted an imminent danger to life or property under s24B(1)(a)
  2. 2 Whether the signboard was erected with a view to letting or disposal under s24B(1)(b)
  3. 3 Whether the BA complied with notice requirements under s24B(2)-(4)

Ratio Decidendi

The court granted the priority demolition order because the BA proved the signboard was an unauthorised structure posing imminent danger and erected for letting, and the BA complied with statutory notice requirements; Mr Li could not validly represent CTCM under RDC Order 5A r2 so his submissions had no effect on the entitlement to the order; costs were refused because CTCM had no valid participation and the DoJ instruction predated Mr Li's filing; no order on demolition costs was made because interested parties were not present and no warning had been given that costs recovery would be sought at the hearing.

Court Disposition

Priority demolition order granted; costs of the application refused; no order made in respect of demolition costs

Orders

  • Priority demolition order granted in respect of the wall signboard at 3/F to 10/F facing Hung Hom Station, China Travel (Cargo) Logistics Centre, No.1 Cheong Tung Road, Hung Hom, Kowloon
  • Costs of this application are refused to the Building Authority