23 May 1996
WU CHEE LING v. THE URBAN COUNCIL
- Citation
- WU CHEE LING v. THE URBAN COUNCIL
- Court
- Court of First Instance
- Case number
- HCMP1740/1995
The steps of On Hing Terrace are a "public place" for PHMSO purposes and the Council had power under by-law 34(1) to require vacatur of a fixed pitch allocated under by-law 33; the Council's practice of re-siting fixed pitch holders where private landowners withdraw consent is lawful; however, in this case the Council failed to take sufficient steps to satisfy itself that the Applicant's pitch fell within that policy (notably by failing to investigate a possible possessory title arising from 45 years' occupation), rendering the 19 April 1995 notice and the decision to serve it unlawful and su…