30 Jul 1997
Department of Justice v. Hung Wan Construction Co. Ltd.
- Citation
- Department of Justice v. Hung Wan Construction Co. Ltd.
- Court
- Court of First Instance
- Case number
- HCMA524/1997
The court held that a s.23(1) notice must include the alternative informing the recipient of the right to obtain planning permission under s.23(1)(b)(ii) (and thus enable the statutory defence in s.23(9)); failure to include that alternative renders the notice a nullity and the learned magistrate did not err in acquitting the respondent; the appeal is dismissed.