Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Basic law article 6

Legal area

Court

26 Sept 2016

LEIGHTON PROPERTY CO LTD AND ANOTHER v. TOWN PLANNING BOARD

Citation

LEIGHTON PROPERTY CO LTD AND ANOTHER v. TOWN PLANNING BOARD
Court

Court of Final Appeal
Case number

FACV22/2015

Articles 6 and 105 of the Basic Law are engaged when Town Planning Board planning restrictions encroach upon landowners' property rights; such encroachments must be justified by a proportionality analysis incorporating a three-step test (legitimate aim, rational connection, minimal impairment) and a fourth-step fair-balance inquiry; where the Board's statutory planning decisions are unimpeachable on traditional judicial review grounds, they will generally be reviewed on the narrower 'manifestly without reasonable foundation' standard reflecting the Board's margin of discretion, but the court…
20 Nov 2006

HSBC PRIVATE TRUST (HONG KONG) LTD v. AU-YEUNG CHUNG

Citation

HSBC PRIVATE TRUST (HONG KONG) LTD v. AU-YEUNG CHUNG
Court

Court of First Instance
Case number

HCA1662/2001

The court will not accede to the proposed procedural arrangement of adjourning consideration of the amendment until after trial; for case management and fairness the application to amend must be heard and determined before the trial proceeds. The judge refused to adjourn the amendment application and ordered it to be heard and ruled on now.