27 Apr 1987
CHUNG SHING FINISHING WORKS LTD v. AUTHORITY
- Citation
- CHUNG SHING FINISHING WORKS LTD v. AUTHORITY
- Court
- District Court
- Case number
- DCMP8/1987
The Authority erred in law by refusing chimney licences solely on the basis of s.9 because s.9, read with s.10, requires a notified owner of existing or imminently offending plant and non-compliance to constitute contravention; appellants were not owners of existing chimneys and therefore could not a fortiori cause or contribute to an air pollutant nuisance. The Authority also improperly exercised its discretion by applying a blanket policy; accordingly the refusals were unlawful and were reversed.