Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 12(c) construction
  • 31 May 2019

    LAM YIK HEI v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 38
    Court
    Lands Tribunal
    Case number
    LDLR10/2016

    The Tribunal dismissed applications for extension of time and leave to appeal: the delay was substantial and inexcusable such that applicants had to show a real prospect of success and failed to do so; on the merits the Tribunal held section 12(c) of the LRO precludes taking into account prospective building licences or ding/small house development potential absent a licence granted at the resumption date (relying on Yin Shuen), and judicial reviewability does not equate to an 'as of right' enforceable entitlement; however the substitution of the executrix for two deceased applicants was perm…