Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Exemption under s41(3)

Legal area

Court

28 Jul 2021

THE INCORPORATED OWNERS OF GARDEN VISTA v. APPEAL TRIBUNAL (BUILDINGS ORDINANCE)

Citation

[2021] HKCFI 2179
Court

Court of First Instance
Case number

HCAL229/2021

The Tribunal provided adequate and intelligible reasons, having considered the relevant factors and evidence; on the facts it was open to the Tribunal to conclude the false ceilings were 'building works' under s2 and did 'involve the structure' such that s41(3) exemption did not apply; there was no basis for judicial review intervention and leave is refused.
28 Oct 2013

RONALD WILSON, LI DO WAI & TANG SO HA AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)

Citation

RONALD WILSON, LI DO WAI & TANG SO HA AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL165/2012

The Tribunal's decision was lawful and is upheld: the structures are building works carried out without prior approval, they fall within the actionable categories targeted under Blitz 2010 and are not exempt under s41(3); the Appeal Tribunal properly exercised its power under s49 to dismiss the appeals for failing to show good cause for a full hearing; the Building Authority's enforcement policy and its application in this case were lawful and not inflexibly applied.