Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Access for repairs

Legal area

Court

6 Nov 2025

CHUI MARJORIE CHE YING, CHUI TONI YIM v. APPEAL TRIBUNAL (BUILDINGS), BUILDING AUTHORITY

Citation

[2025] HKCFA 21
Court

Court of Final Appeal
Case number

FAMV104/2025

Because the Buildings Ordinance defines 'building' to include any part of a building, s28(3) must be read to permit the Building Authority to serve a repair order on the owner of the relevant part (the unit) served by the defective drain; the Court of Appeal's construction is correct, the applicants' alternative constructions are not reasonably arguable, and potential access issues are addressed by s22 and by DMC/easement rights, so the BA validly served the applicants and leave to appeal is refused.
22 Nov 2011

THE INCORPORATED OWNERS OF TAK WING INDUSTRIAL BUILDING v. POON CHI HUNG, WILLIAM

Citation

THE INCORPORATED OWNERS OF TAK WING INDUSTRIAL BUILDING v. POON CHI HUNG, WILLIAM
Court

Lands Tribunal
Case number

LDBM63/2011

Leave to appeal refused because the Respondent failed to show a reasonable prospect of success or any other reason in the interests of justice: the tribunal upheld its factual finding that the Applicant's arrangement was reasonable and sufficiently protective, found no substantive procedural unfairness or bias, noted the Respondent's failure to comply with directions, and held the summary assessment and award of costs to the Applicant was appropriate.