Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Meaning of 'addition' in by‑law
  • 13 Aug 1997

    HKSAR v. TAM YUK HA

    Citation
    HKSAR v. TAM YUK HA
    Court
    Court of First Instance
    Case number
    HCMA1385/1996

    The court held that 'alteration or addition' in By‑law 35(a) is not restricted to structural or building works; an unauthorised expansion of allocated space (here, two metal trays occupying pavement space) constituted an addition resulting in a material deviation from the approved plan required by By‑law 33(1), and therefore the magistrate's conviction, fine and costs were properly affirmed; the authenticated Chinese text did not change that meaning under s.10B.

    • Interpretation of bilingual statutes
    • Meaning of 'addition' in by‑law
    • Compliance with approved licence plan
    • Material deviation from approved plan
    • Appellate review of magistrate's factual findings