27 Apr 1987
KAM KONG DYEING FACTORY v. AUTHORITY
- Citation
- KAM KONG DYEING FACTORY v. AUTHORITY
- Court
- District Court
- Case number
- DCMP1/1987
The Authority's blanket refusal of licence applications based solely on section 9 was unlawful because s.9 does not by itself prohibit or create liability for owners who are not yet operating chimneys; a contravention requires existence or imminence, notification under s.9 and non-compliance under s.10. The Authority failed to apply discretion to individual applications and in A8 also failed to follow earlier advice; therefore the refusals were reversed.