ATTORNEY GENERAL v. FAR EAST PAINT CO (A FIRM)

ATTORNEY GENERAL v. FAR EAST PAINT CO (A FIRM)

Because the Crown had the power to facilitate lawful alternative accommodation and there was no evidence it had assisted the licensee, the court adjourned the application for three months to allow the Crown to assure availability of licensed premises and to enable the appellant to take energetic steps to obtain them; this was the necessary balancing of public safety and the appellant's prejudice.

Citation
ATTORNEY GENERAL v. FAR EAST PAINT CO (A FIRM)
Parties
Plaintiff/respondent: The Attorney General; Defendant/appellant: Far East Paint Co. (a firm)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 1973
Case Number
HCA15/1973
Procedural Posture
Possession/ejectment (crown Land) / Appeal Against Registrar's Refusal of Stay of Execution (original Jurisdiction)
Outcome
Application for stay of execution adjourned for three months to enable Crown to assure availability of alternative licensed accommodation; liberty to Crown to restore application earlier.
Legal Topics
Ejectment, Stay of Execution, Licence/permit Termination, Public Safety Obligations, Remedies
Source Language
EN
Property Law Administrative Law Public Safety/regulatory Law Civil Procedure Ejectment Stay of Execution Licence/permit Termination Public Safety Obligations +1 more

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Parties

The Attorney General

Plaintiff/respondent

Far East Paint Co. (a firm)

Defendant/appellant

Procedural Posture

Possession/ejectment (crown Land) / Appeal Against Registrar's Refusal of Stay of Execution (original Jurisdiction)

Legal Issues

  1. 1 Whether a stay of execution should be granted pending provision of alternative licensed premises for dangerous goods storage
  2. 2 Whether the Crown has any obligation to assist a licensee displaced from Crown land to avoid unlawful storage of dangerous goods
  3. 3 How to balance public safety against prejudice to the licensee and employees

Ratio Decidendi

Because the Crown had the power to facilitate lawful alternative accommodation and there was no evidence it had assisted the licensee, the court adjourned the application for three months to allow the Crown to assure availability of licensed premises and to enable the appellant to take energetic steps to obtain them; this was the necessary balancing of public safety and the appellant's prejudice.

Court Disposition

Application for stay of execution adjourned for three months to enable Crown to assure availability of alternative licensed accommodation; liberty to Crown to restore application earlier.

Orders

  • Application adjourned for three months to allow Crown to assure availability of alternative licensed premises for storage of appellant's dangerous goods
  • Liberty to the Crown to apply to restore the application on an earlier date if assurance is available before the three months expire