Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Planning permission (s.16)

Legal area

Court

4 Dec 1998

SECRETARY FOR JUSTICE v. LAIN FUNG TRANSPORTATION CO. LTD. AND OTHERS

Citation

SECRETARY FOR JUSTICE v. LAIN FUNG TRANSPORTATION CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMA756/1998

The correct construction of s.23(9)(a) is that a defendant may rely on the defence if he proves he took all reasonable steps to comply with the enforcement notice, and such steps include making a timely application for planning permission; accordingly the magistrate was correct to find the defence established and to acquit.
24 Apr 1997

R. v. CHEUNG KAM TONG and Another

Citation

R. v. CHEUNG KAM TONG and Another
Court

Court of First Instance
Case number

HCMA266/1996

The magistrate's findings that by 28 May 1993 the land had undergone site formation and was used for open vehicle storage were supported by aerial photographs and witness evidence, and his credibility assessments were not demonstrated to be flawed; therefore the enforcement notices were valid and the convictions must stand.