Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Building regulation

  • 30 Sept 2022

    LEE KWAI YING v. PANG WING FAI AND OTHERS

    Citation
    [2022] HKDC 1043
    Court
    District Court
    Case number
    DCCJ1680/2022

    Plaintiff failed to demonstrate a serious question to be tried on nuisance, breach of the DMC, Noise Control Ordinance or Buildings Ordinance because independent investigations (Management Office, Police, Building Department) found no supporting evidence, the plaintiff's expert opinion lacked reasons and inspection of the alleged source, the alleged 'soundless' vibration lacked credible evidence, damages would be an adequate remedy and the proposed injunction terms were vague and unworkable; accordingly the interlocutory injunction was refused and the summons dismissed.

  • 31 Oct 1979

    HANG WAH CHONG INVESTMENT CO LTD v. ATTORNEY GENERAL

    Citation
    HANG WAH CHONG INVESTMENT CO LTD v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV84/1978

    The 1953 correspondence amounted to at least an implied consent limited to the height specified (roof of Hillview Apartments); Building Authority approval under the Buildings Ordinance does not waive lease conditions; the Director of Public Works can act in distinct capacities and, given Special Condition 21's absolute discretion, lawfully withhold approval and require payment of a premium; consequently refusal to approve redevelopment as proposed was lawful and the appeal is dismissed.