31 Jul 2007
SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL3/2007
The Court held the Tribunal lawfully applied s16(1)(h) because off-site junction danger was 'sufficiently proximate' by virtue of a direct causal link to the proposed developments rather than by fixed distance; the Building Authority and Tribunal had jurisdiction to determine that gridlines constituted a right-of-way for plot-ratio calculation; prescriptive easements can arise in Hong Kong leasehold under the Application of English Law Ordinance and the Prescription Act as modified for local circumstances; the duty of administrative consistency did not prevent the Building Authority from refu…