30 Jun 2023
JETGLORY DEVELOPMENT LTD v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS
- Citation
- [2023] HKCFI 1701
- Court
- Court of First Instance
- Case number
- HCMP2098/2020
Applying Fully Profit, the term 'house' in the government leases is to be interpreted by reference to the characteristics of the houses standing when the leases were granted; the proposed two‑storey portions form integral parts of a composite high‑rise redevelopment and, on comparison of characteristics and purpose, are not the same, similar or comparable type as the original Chinese houses and therefore do not qualify as 'houses' under the leases; consequently the proposed works on Nos 11 and 15 breach the leases and the originating summons is dismissed.