Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Definition of "site"
  • 23 Dec 1981

    ATTORNEY GENERAL v. CHENG YICK CHI AND OTHERS

    Citation
    ATTORNEY GENERAL v. CHENG YICK CHI AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV91/1981

    The Court held that for the purposes of Regulations 20-23 the unbuilt portion dedicated to public passage is included in the area of the site but, because a site cannot abut a street lying within its own boundaries, the combined properties constitute a Class A site abutting only Zetland Street; street-shadow calculations are made with reference to the building under Regulation 16 (not by reference to site class) and the declaration on street-shadow should omit the words "as for a class A site"; the Regulations contain a gap when a street lies within site boundaries and literal application wou…