Hong Kong Case Law: Decisions & Judgments

Topic

Designation of country parks

Legal area

Court

12 Oct 2020

CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY

Citation

[2020] HKCFA 33
Court

Court of Final Appeal
Case number

FACV5/2020

The Working Paper set out an Authority policy together with an action plan whose batch of individual assessments formed a programme within the meaning of s5(1)(b) of the Country Parks Ordinance; accordingly the Authority had a mandatory duty to consult the Board on the assessment programme and its failure to do so was unlawful, warranting certiorari and mandamus.
12 May 2020

CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY

Citation

[2020] HKCFA 16
Court

Court of Final Appeal
Case number

FAMV411/2019

Leave to appeal was granted, confined to the specific legal questions about the proper construction of s5(1)(b) of the Country Parks Ordinance — namely when the Authority must consult and enable the Board to consider and advise on policies, programmes and designation of country parks (including existing enclaves and the Working Paper WP/CMPB/6/2011) — because those issues raise arguable points of law of public importance; leave on the applicant's broader questions was refused.
20 Nov 2019

CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY

Citation

[2019] HKCA 1292
Court

Court of Appeal
Case number

CACV150/2017

The recommendation to the Chief Executive under s.4(a) CPO does not fall within 'policy and programmes prepared by the Authority' in s.5(1)(b) and therefore the Authority has no statutory duty to consult the Board at the recommendation stage; the statutory scheme under Part III (notably s.8(4) consultation on draft maps and s.11(6) objection/adjudication) provides the consultative process for designation of country parks; consequently the leave application to appeal to the Court of Final Appeal was not granted.

Hong Kong Case Law

CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY

CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY

CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY