Hong Kong Case Law: Decisions & Judgments

Topic

Dangerous hillside order

Legal area

Court

1 Dec 2017

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV229/2016

Leave to appeal to the Court of Final Appeal was granted because the construction issue of SC31 and whether it applies differently where a paved way pre‑existed the lease raises questions of great general or public importance affecting a substantial number of active orders; the Court exercised its discretion to admit the limited new evidence for the leave application and to grant leave to clarify the legal position at the highest level.
11 Aug 2017

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV229/2016

SC31 is to be construed as imposing on the grantee an obligation to maintain the paved way within the Brown Area and incidental structures required by the Regulations, but not to impose a general obligation to maintain man-made slopes on Government land formed outside the Brown Area; however the Tribunal erred in relation to SC13 by failing to address BA's case that SC13 could require ENM to maintain the whole of Feature 33(1), so that determination is quashed and remitted for reconsideration.
22 Oct 2015

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL14/2014

The court held that the Tribunal erred in law by construing 'appertain' (and thus 'belong') in Condition 6 as limited to features located within the leased lots; even if 'appertain' equals 'belong', the phrase covers features outside the lots that are part and parcel of, substantially connected to, or indispensable to the construction or survival of the buildings on the lots. The Tribunal's Decision was quashed and the appeal remitted for factual reassessment by a differently constituted Tribunal.

Hong Kong Case Law

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)