25 Aug 2008
CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of Appeal
- Case number
- CACV299/2007
Appeals dismissed. Court upheld the Tribunal: s16(1)(h) permits consideration of the safety and convenience of traffic using the whole street including sufficiently proximate hazardous parts such as the Tai Hang Road junction; the Building Authority was not obliged to replicate the earlier No.6 condition because that decision was open‑ended and would exacerbate traffic hazards given the scale of proposed redevelopments; gridline 1 was subject to a prescriptive right of way acquired by long user (lost modern grant) and lost modern grant is available between leaseholders in Hong Kong under appl…