Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Access and traffic safety

Legal area

Court

2 Feb 2009

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Final Appeal
Case number

FAMV78/2008

The Court held that s22(1)(a) confers appeals as of right only where the value of the claim or question itself is at least $1,000,000 and the Court's order would immediately produce that financial effect; the applicants' judicial review claims did not meet that test and the as-of-right application was dismissed; however the Court granted leave under s22(1)(b) on two points: (i) a reasonably arguable and important point on the proper construction of s16(1)(h) relating to the Tai Hang Road junction; and (ii) the right of way prescription issue affecting Sun Honest.
31 Jul 2007

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL2/2007

The court held the Tribunal lawfully considered the junction under s16(1)(h) because an off-site traffic impact with a direct causal link to the proposed developments made the junction 'sufficiently proximate'; the Building Authority and Tribunal had jurisdiction to determine for plot-ratio purposes that gridlines constituted a right-of-way and a prescriptive easement can arise in Hong Kong; the duty to act consistently did not preclude acting to prevent an unsafe junction where the prior scheme proved unworkable, and therefore the judicial review applications failed.