27 Apr 1987
SOLAR ACE CO LTD v. AUTHORITY
- Citation
- SOLAR ACE CO LTD v. AUTHORITY
- Court
- District Court
- Case number
- DCMP2/1987
Section 9 of the Ordinance cannot, by itself, justify refusal of chimney licences for proposed installations because it presupposes existing or imminent nuisance caused by emissions from chimneys or plant; appellants were not owners of emitting chimneys and the statutory ingredients for enforcement under ss.9-10 were absent. The Authority therefore erred in law in rejecting the licence applications and in some instances failed to give proper reasons or exercised discretion improperly; the appeals are allowed and the refusals reversed.