16 Feb 2017
NAM SANG WAI DEVELOPMENT CO LTD AND ANOTHER v. TOWN PLANNING BOARD
- Citation
- NAM SANG WAI DEVELOPMENT CO LTD AND ANOTHER v. TOWN PLANNING BOARD
- Court
- Court of Final Appeal
- Case number
- FACV8/2016
By majority the Court held that s17(1) must be read in context and confines the review mechanism to primary decisions under s16: either refusal of permission under s16(3) or grant of permission subject to conditions under s16(5); ancillary decisions such as determinations whether approval conditions have been satisfied do not attract a s17(1) review and appeal under the statutory scheme, given the statute's history, purpose and public consultation regime.