Hong Kong Case Law: Decisions & Judgments

Topic

Rezoning

Legal area

Court

17 Feb 2023

ABLE LUCK DEVELOPMENT LTD AND OTHERS v. PAWLING LTD

Citation

[2023] HKCA 175
Court

Court of Appeal
Case number

CAMP435/2022

OU(B) is not an "industrial zone" within the meaning of the 2010 Notice so the Lot qualifies for the lowered 80% ownership threshold; the Tribunal was correct to focus on the statutory criteria for compulsory sale and was not required to weigh redevelopment against alternatives such as revitalisation; there was no reasonable prospect of success on the intended appeal, so leave to appeal was refused.
7 Aug 2020

HONG KONG RESORT CO LTD v. TOWN PLANNING BOARD

Citation

[2020] HKCFI 1956
Court

Court of First Instance
Case number

HCAL645/2017

The Board unlawfully relied on the Unused GFA (an implementation/lease‑related consideration) and thereby took into account an irrelevant consideration and omitted relevant planning factors; it also failed its Tameside duty to ask the right questions and misapplied the undesirable‑precedent concept without adequate factual basis. For these errors the Decision was quashed and remitted for reconsideration.
3 Feb 2015

ORIENTAL GENERATION LTD AND OTHERS v. LUK YUNG AND OTHERS

Citation

ORIENTAL GENERATION LTD AND OTHERS v. LUK YUNG AND OTHERS
Court

Lands Tribunal
Case number

LDCS4000/2013

Tribunal granted leave for two additional experts (an Authorized Person on plot ratio utilization; a town planning expert on rezoning prospects and impact) because the issues are specialised and beyond the ordinary competence of valuation surveyors and are relevant to setting the reserve price (RDV). The tribunal refused to direct a single joint expert given the contentious nature and likelihood of severe challenge; it dismissed the staying summons as speculative and not justified. Directions were given for prompt exchange and joint statements of expert evidence and consequential timetable ad…
15 Nov 2007

INTERNATIONAL TRADER LTD v. TOWN PLANNING APPEAL BOARD

Citation

INTERNATIONAL TRADER LTD v. TOWN PLANNING APPEAL BOARD
Court

Court of First Instance
Case number

HCAL13/2007

On a proper construction of the OZP, Notes and Explanatory Statement taken with the factual matrix, the R(C)7 zoning was directed primarily at sites lacking direct vehicular access; therefore traffic and visual considerations are not relevant planning considerations for a section 16 application relating to R(C)7 sites and the Appeal Board majority erred in treating them as material; consequently the majority decisions are quashed and the Board is ordered to allow the second appeal (Option 6a).

Hong Kong Case Law

ABLE LUCK DEVELOPMENT LTD AND OTHERS v. PAWLING LTD

HONG KONG RESORT CO LTD v. TOWN PLANNING BOARD

ORIENTAL GENERATION LTD AND OTHERS v. LUK YUNG AND OTHERS

INTERNATIONAL TRADER LTD v. TOWN PLANNING APPEAL BOARD