23 Dec 2022
THE DAIRY FARM CO, LTD v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS
- Citation
- [2022] HKCA 1902
- Court
- Court of Appeal
- Case number
- CACV77/2020
SC20, read in its documentary and factual context, conferred a general right of way to Pokfulam Road which, absent clear restriction, prima facie includes vehicular passage; SC21 relates to the legal form and conditions of the formal grant and does not empower the Government to limit the substantive scope to a pedestrian-only way; accordingly the Court of Appeal affirmed the Court of First Instance and ordered that vehicular access be given.