2 Dec 1999
YING HO CO. LTD. AND OTHERS v. THE SECRETARY FOR JUSTICE
- Citation
- YING HO CO. LTD. AND OTHERS v. THE SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCA10834/1998
The DDH Clause in the land grant empowered the Director of Lands to impose and to have regard to height restrictions that would be prescribed under s.3(1AA) Cap.301 on the advice of the Director of Civil Aviation; therefore the proper issues to be tried are whether an implied term existed that approvals could only be withheld on reasonable grounds and whether the Director could consider statutory height restrictions, and not whether the Government must justify the aviation‑safety necessity or reasonableness of the 324 mPD restriction; consequently no disclosure of aviation safety reports or a…