Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Airport obstruction orders
  • 2 Dec 1999

    YING HO CO. LTD. AND OTHERS v. THE SECRETARY FOR JUSTICE

    Citation
    YING HO CO. LTD. AND OTHERS v. THE SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCA10834/1998

    The DDH Clause in the land grant empowered the Director of Lands to impose and to have regard to height restrictions that would be prescribed under s.3(1AA) Cap.301 on the advice of the Director of Civil Aviation; therefore the proper issues to be tried are whether an implied term existed that approvals could only be withheld on reasonable grounds and whether the Director could consider statutory height restrictions, and not whether the Government must justify the aviation‑safety necessity or reasonableness of the 324 mPD restriction; consequently no disclosure of aviation safety reports or a…