22 Jan 2019
PCCW HKT TELEPHONE LTD AND ANOTHER v. LINK PROPERTIES LTD
- Citation
- [2019] HKCA 82
- Court
- Court of Appeal
- Case number
- CACV275/2017
The Court allowed the appeal and held that the Common Use Parts are not 'land for the exclusive occupation or use of any person whilst the land is being so occupied or used' within s14(10); accordingly the plaintiffs, as authorised licensees, have a statutory right of access under s14(1) to place and maintain telecommunications lines in the Common Use Parts, applying a purposive construction of the Ordinance and finding the tenants’ rights amount to common use rather than exclusive occupation.