Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Failure to comply with statutory order
  • 9 Nov 1999

    HKSAR v. LIEM HUNG AND OTHERS

    Citation
    HKSAR v. LIEM HUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMA554/1999

    The 2nd Order was lawful: the consultant report and observed deterioration (mortar pointing and inadequate factors of safety) provided a proper cause under s27A for the BA's opinion. Appointment of an authorised person alone did not satisfy the obligation to carry out the specified investigations and reports, particularly after the BA explicitly rejected the AP's views and requested compliance; appellants failed to take further reasonable steps and therefore had no reasonable excuse. Convictions were upheld; sentence was adjusted to reflect proper apportionment among co‑owners.