MOK SAI CHOW v. THE BUILDING AUTHORITY AND ANOTHER

MOK SAI CHOW v. THE BUILDING AUTHORITY AND ANOTHER

The court dismissed all applications for judicial review, holding that both the Building Authority and the Appeal Tribunal acted within their statutory discretion under the Buildings Ordinance, there was no established legitimate expectation or binding estoppel preventing re-issuance of demolition orders, and the...

Source-derived case information.

Citation
MOK SAI CHOW v. THE BUILDING AUTHORITY AND ANOTHER
Parties
Applicant: Tsui Tim Sang; Applicant: Hui Sau Chun; Applicant: Cheung Ying Kow; Applicant: Choy Sook Ying; Applicant: Mok Sai Chow; Applicant: Yip Wai Ling; Applicant: Lai Shing Kok; Applicant: Takearn Investment Limited; Applicant: Cheung Sau Kuen; 1st Respondent: The Building Authority; 2nd Respondent: The Appeal Tribunal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 1990
Case Number
HCMP768/1990
Procedural Posture
Judicial Review / Judgment on Applications for Leave
Outcome
Applications for judicial review dismissed.
Legal Topics
Demolition Orders, Appeal Tribunal Procedure, Legitimate Expectation, Wednesbury Unreasonableness, Issue Estoppel, Judicial Review Limits
Source Language
en
Administrative Law Building and Construction Public Law Civil Procedure Demolition Orders Appeal Tribunal Procedure Legitimate Expectation Wednesbury Unreasonableness +2 more

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Parties

Tsui Tim Sang

Applicant

Hui Sau Chun

Applicant

Cheung Ying Kow

Applicant

Choy Sook Ying

Applicant

Mok Sai Chow

Applicant

Yip Wai Ling

Applicant

Lai Shing Kok

Applicant

Takearn Investment Limited

Applicant

Cheung Sau Kuen

Applicant

The Building Authority

1st Respondent

The Appeal Tribunal

2nd Respondent

Procedural Posture

Judicial Review / Judgment on Applications for Leave

Legal Issues

  1. 1 Whether the Appeal Tribunal erred in refusing to hold an inquiry and dismissing appeals
  2. 2 Whether the Building Authority could re-issue demolition orders after earlier proceedings
  3. 3 Whether applicants had a legitimate expectation of an inquiry or immunity from subsequent enforcement

Ratio Decidendi

The court dismissed all applications for judicial review, holding that both the Building Authority and the Appeal Tribunal acted within their statutory discretion under the Buildings Ordinance, there was no established legitimate expectation or binding estoppel preventing re-issuance of demolition orders, and the conduct did not amount to such unfairness or illegality as to justify judicial intervention.

Court Disposition

Applications for judicial review dismissed.

Orders

  • All applications dismissed
  • Court to hear parties on costs