RE A WALL SIGNBOARD ATTACHED TO THE APPROVED MASONRY WALL FACING HIP WO STREET, KAI KING BUILDING, NO 12 YUET WAH STREET, KWUN TONG, KOWLOON

RE A WALL SIGNBOARD ATTACHED TO THE APPROVED MASONRY WALL FACING HIP WO STREET, KAI KING BUILDING, NO 12 YUET WAH STREET, KWUN TONG, KOWLOON

All three statutory conditions in BO s24B were met on the evidence: notices were properly given, the signboards were unauthorized, and structural engineer evidence established they posed an imminent danger and were being let for profit; the company representative's unauthorised status meant his unsupported assertions did not rebut the BA's evidence; accordingly the court granted the priority demolition orders for both signboards.

Citation
[2018] HKDC 760
Parties
Applicant: Building Authority; Opposing Party: Carven (Hong Kong) Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 July 2018
Case Number
DCMP1550/2018
Procedural Posture
Priority Demolition Order Applications Under Buildings Ordinance S24 B / Hearing and Decision (hearing 27 June 2018; Decision 9 July 2018)
Outcome
Priority demolition orders granted in respect of both the Mong Kok signboard and the Kwun Tong signboard; no order as to costs.
Legal Topics
Priority Demolition Order, Buildings Ordinance S24 B, Unauthorized Building Works, Imminent Danger, Representation of Companies in Court
Source Language
EN
Administrative Law Building and Construction Law Public Safety Statutory Enforcement Priority Demolition Order Buildings Ordinance S24 B Unauthorized Building Works Imminent Danger +1 more

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Parties

Building Authority

Applicant

Carven (Hong Kong) Company Limited

Opposing Party

Procedural Posture

Priority Demolition Order Applications Under Buildings Ordinance S24 B / Hearing and Decision (hearing 27 June 2018; Decision 9 July 2018)

Legal Issues

  1. 1 Whether statutory notice requirements under BO s24B were satisfied
  2. 2 Whether the signboards constituted unauthorized building works in contravention of BO s14
  3. 3 Whether the circumstance condition in BO s24B(1) was met (imminent danger to life or property; erected with a view to sale/letting)

Ratio Decidendi

All three statutory conditions in BO s24B were met on the evidence: notices were properly given, the signboards were unauthorized, and structural engineer evidence established they posed an imminent danger and were being let for profit; the company representative's unauthorised status meant his unsupported assertions did not rebut the BA's evidence; accordingly the court granted the priority demolition orders for both signboards.

Court Disposition

Priority demolition orders granted in respect of both the Mong Kok signboard and the Kwun Tong signboard; no order as to costs.

Orders

  • Grant priority demolition order in terms of the amended draft order submitted by the Building Authority in DCMP 1530/2018 (Mong Kok Signboard at 60 Sai Yeung Choi Street South)
  • Grant priority demolition order in terms of the amended draft order submitted by the Building Authority in DCMP 1550/2018 (Kwun Tong Signboard at Kai King Building, No 12 Yuet Wah Street)