10 Nov 2008
SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of Appeal
- Case number
- CACV300/2007
The court held that s22(1)(a) second limb does not apply because the applicants lacked any proprietary interest in the subject land and s15 Buildings Ordinance was not engaged; consequently appeals as of right were refused. However the court granted leave under s22(1)(b) limited to the single question whether a leaseholder in Hong Kong can acquire a right of way by prescription under the doctrine of lost modern grant against another leaseholder both before and after 1 July 1997, concluding that question is of great general or public importance; all other leave questions were refused.