Hong Kong Case Law: Decisions & Judgments

Topic

Certificate of exemption

Legal area

Court

22 Aug 2025

TANG CHIU MAN AND ANOTHER v. SECRETARY FOR JUSTICE FOR DIRECTOR OF LANDS

Citation

[2025] HKCFI 3253
Court

Court of First Instance
Case number

HCAL916/2021

The May Decision (21 May 2021) and the Director's exercise of discretion in approving the rebuilding with conditions were not amenable to judicial review absent cogent proof of bad faith; the Applicants failed to prove bad faith or ulterior motive on the balance of probabilities, JR1 was academic, and both judicial review applications are dismissed with costs.
19 Mar 2015

CHEUNG FUK YU DANNY AND ANOTHER v. VU POI VAN

Citation

CHEUNG FUK YU DANNY AND ANOTHER v. VU POI VAN
Court

District Court
Case number

DCCJ2817/2013

The vendor failed to prove good title because she did not satisfactorily answer critical requisitions: the DLO Exemption Documents were ineffective to exempt the requirement for an Occupation Permit in absence of evidence of compliance with Part 1 dimensional/structural requirements (notably wall thickness) and the risk of Building Department enforcement was not disproved beyond reasonable doubt; the right of way requisition went to the root of the contract and was not waived; therefore the purchasers validly rescinded the Agreement and are entitled to return of deposits; other requisitions (…
28 Jan 2015

CHOY SON FAI AND OTHERS v. YEUNG MIU KWAN BRENDY

Citation

CHOY SON FAI AND OTHERS v. YEUNG MIU KWAN BRENDY
Court

District Court
Case number

DCMP1972/2013

Defendant failed to show or prove a good title because it did not produce a certificate of exemption or specific Buildings Department approval for the drainage works of the Property (the communal documents produced did not show approval specific to the Property); that failure repudiated the Agreement and entitled plaintiffs to return of deposits and specified indemnities and costs.
25 Jul 2003

DISCREET LTD v. SECRETARY FOR TRANSPORT

Citation

DISCREET LTD v. SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDMR14/2002

Tribunal rejected the applicant's separate garden-land valuation and NTEH development model because the development model must reflect applicable zoning and lease conditions and the resumed land retained building potential; the severance effect was negligible given the small proportion of land taken and the respondent's before-and-after residual valuation using Zone R(C) parameters was preferred; compensation assessed as HK$1,530,000.
21 Feb 2000

MA HON MING v. LEE TSAN SUM

Citation

MA HON MING v. LEE TSAN SUM
Court

Court of First Instance
Case number

HCA1620/1998

The vendor failed to show a good title because no occupation permit or the necessary certificates of exemption had been produced or shown to exist in a manner eliminating a real risk of enforcement under the Building Ordinance; therefore the vendor was in breach and the purchaser was entitled to repayment of the deposit and to damages and costs (excluding estate agent fees).
30 Nov 1999

GREEN HOUSE PROPERTY AGENCY v. YU MA KWAI AND OTHERS

Citation

GREEN HOUSE PROPERTY AGENCY v. YU MA KWAI AND OTHERS
Court

Court of First Instance
Case number

HCA10345/1997

The phrase "commencement of work paper" is to be construed objectively and by commercial common sense to mean the consent to carry out site formation works issued by the Buildings Department; therefore time under Clause 3 began to run on 17 May 1996 when the Buildings Department granted consent, and DLO consent for works on adjoining Government land was not a prerequisite to start the one-year period.
27 Nov 1998

HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA

Citation

HO KWOK CHEUNG AND ANOTHER v. CHEN LI JIA
Court

Court of First Instance
Case number

HCMP555/1998

Where a building exceeds the statutory dimensions, title cannot be established without an Occupation Permit or a Certificate of Exemption; letters or certificates from the District Lands Office (Certificate of Compliance/Letter of Toleration) do not amount to a representation by the Building Authority that statutory requirements have been waived, and therefore the Defendant failed to show good title.
18 Feb 1997

KA CHUNG MAN v. LAU YIN LING

Citation

KA CHUNG MAN v. LAU YIN LING
Court

Court of First Instance
Case number

HCMP4098/1996

Defendant failed to produce the completed Crown lease and the correct Government Notices and did not satisfactorily answer requisitions; letters from the District Lands Office were found to operate as a valid certificate of exemption under the applicable Buildings Ordinance provisions and delegations; on those findings the purchasers were entitled to rescind the agreements and recover their deposits and costs.
21 Jun 1995

R. v. VARMA MAHARAJ KRISHNA

Citation

R. v. VARMA MAHARAJ KRISHNA
Court

Court of First Instance
Case number

HCMA321/1995

The appeal was dismissed on its merits because the appellant had notice and had been provided application forms, but the court exercised sentencing discretion to reduce the fine from $12,000 to $10,000 to reflect parity with a similar recent case and limited mitigation (age and first offence).
2 Dec 1994

LUI KWOK WAI AND ANOTHER v. CHAN YIU HING AND ANOTHER

Citation

LUI KWOK WAI AND ANOTHER v. CHAN YIU HING AND ANOTHER
Court

Court of First Instance
Case number

HCMP3246/1994

An occupation permit or a certificate of exemption is a relevant and necessary document to prove title to a building in the New Territories; absence of either document creates a real risk of enforcement by the Building Authority or Crown remedies and therefore renders the vendor's title defective and insufficiently proved. A District Lands Office letter is not equivalent to a certificate of exemption or a waiver of statutory requirements.