Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Structural alterations

  • 6 Jul 2006

    THE INCORPORATED OWNERS OF CHAMPION COURT v. PANG PING FAN PETER AND ANOTHER

    Citation
    THE INCORPORATED OWNERS OF CHAMPION COURT v. PANG PING FAN PETER AND ANOTHER
    Court
    District Court
    Case number
    DCCJ55/2005

    District Court has jurisdiction to hear and determine the dispute; defendants constructed illegal structures on the roof (except the wire mesh fencing marking their assigned roof portion and the original drying-area pillars) and cut a hole in the roof floor contrary to Cl.10(a) of the DMC; delay did not amount to laches; antennae and pump noise complaints lacked merit; judgment entered for plaintiff, illegal structures to be removed/demolished, counterclaim dismissed, costs to plaintiff.

  • 22 Nov 1999

    THE INCORPORATED OWNERS OF TUEN MUN HUNG CHEUNG INDUSTRIAL CENTRE (PHASE I) v. UNITED HONG KONG LTD.

    Citation
    THE INCORPORATED OWNERS OF TUEN MUN HUNG CHEUNG INDUSTRIAL CENTRE (PHASE I) v. UNITED HONG KONG LTD.
    Court
    Court of First Instance
    Case number
    HCMP2991/1998

    The court held that removal of external walls of Unit E constituted a breach of the DMC because external walls are part of the building's structure and the DMC prohibits structural alterations to the exterior; the 1995 demolition could not be remedied by reinstatement because the Plaintiff had acquiesced for an extended period (equitable estoppel/unconscionability), but the 1998 demolition was not acquiesced to and the Plaintiff was entitled to injunctive relief and an order to reinstate Unit E2's external wall; an architect's prior opinion is not a prerequisite to the incorporated owners enf…

  • 19 May 1981

    HOP LUEN ENTERPRISES LTD v. ATTORNEY GENERAL

    Citation
    HOP LUEN ENTERPRISES LTD v. ATTORNEY GENERAL
    Court
    Court of First Instance
    Case number
    HCA3259/1978

    The second covenant must be read as a continuing restriction during the currency of the lease forbidding any building on the premises other than the specified types; internal structural alterations that would change the character of the building (for example converting four triplex flats into twelve separate flats) are prohibited as creating a building outside the permitted description. The lease's user restrictions beyond the listed obnoxious trades are governed by the first covenant; the second covenant does not by its terms impose additional user prohibitions.