28 Aug 2020
U STORAGE GROUP LTD v. DIRECTOR OF FIRE SERVICES
- Citation
- [2020] HKCFI 2114
- Court
- Court of First Instance
- Case number
- HCAL490/2019
The court dismissed the applications. It held that sections 2(f) and 9(a) of the FSO lawfully empower the Director to identify and require abatement of fire hazards including matters touching building layout and windows; the Fact Sheet is guidance not a prescriptive sector‑regulating code and FHANs were issued case by case after inspection; the prescribed‑by‑law challenge to the enabling provisions fails because any interference with rights arises from specific FHAN requirements which here were sufficiently accessible and foreseeable; no clear promise to consult existed and no exceptional sec…