Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Licensing of chimneys/plant

Legal area

Court

27 Apr 1987

TREASURE WAY INDUSTRIAL LTD v. AUTHORITY

Citation

TREASURE WAY INDUSTRIAL LTD v. AUTHORITY
Court

District Court
Case number

DCMP4/1987

The Authority erred in law by rejecting licence applications solely under Section 9 because the applicants did not own chimneys in existence that were causing or contributing to an air pollutant nuisance; Section 9 must be read with Section 10 and requires notification and non-compliance to create an offence; the Authority's blanket policy and failure to give proper individualized reasons under Regulation 8(2) amounted to wrong exercise of discretion and justification for reversal of refusals.
27 Apr 1987

MING KAI DYEING FACTORY LTD v. AUTHORITY

Citation

MING KAI DYEING FACTORY LTD v. AUTHORITY
Court

District Court
Case number

DCMP7/1987

The Board held that Section 9 cannot lawfully be invoked to refuse licences for proposed chimneys that are not yet in existence and therefore not emitting; because applicants were not existing owners of emitting chimneys the Authority erred in law in rejecting applications solely on Section 9 grounds and failed to meet requirements of Regulation 8(2) as to reasons; predictive modelling alone was insufficient to justify the blanket refusals. Accordingly the Authority's refusals were unlawful and were reversed.