9 Mar 2018
UNI-CREATION INVESTMENTS LTD v. SECRETARY FOR JUSTICE
- Citation
- [2018] HKCA 141
- Court
- Court of Appeal
- Case number
- CACV73/2017
The Court of Appeal upheld the trial judge's factual evaluation that the defendant failed to discharge the burden of proving the columbarium use was 'offensive' in the relevant locality and that any offence alleged was not reasonable; given the present sparse, undeveloped locality, the manner of operation, the existence of preexisting graves and kam taps, and regulatory/licensing controls, the use did not contravene the offensive trade clause and the appellate court will not disturb the trial judge's evaluation absent clear error.