27 Apr 1987
MING KAI DYEING FACTORY LTD v. AUTHORITY
- Citation
- MING KAI DYEING FACTORY LTD v. AUTHORITY
- Court
- District Court
- Case number
- DCMP7/1987
The Board held that Section 9 cannot lawfully be invoked to refuse licences for proposed chimneys that are not yet in existence and therefore not emitting; because applicants were not existing owners of emitting chimneys the Authority erred in law in rejecting applications solely on Section 9 grounds and failed to meet requirements of Regulation 8(2) as to reasons; predictive modelling alone was insufficient to justify the blanket refusals. Accordingly the Authority's refusals were unlawful and were reversed.