Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 9 interpretation
  • 27 Apr 1987

    PROFIT GAIN DYEING CO LTD v. AUTHORITY

    Citation
    PROFIT GAIN DYEING CO LTD v. AUTHORITY
    Court
    District Court
    Case number
    DCMP9/1987

    The Board held that s.9 applies to owners of existing chimneys emitting pollutants and, without the three elements of existence or imminence of nuisance, notification and non-compliance under s.10, mere potential contribution by proposed, non-existent chimneys cannot justify refusal under Reg.8; the Authority erred in law by rejecting applications solely on s.9 and by adopting a blanket policy and failing to give proper reasons, so the appeals were allowed.