21 Mar 2001
TENG FUH CO. LTD. t/a KONG CHIN TRADING CO. v. AIR POLLUTION CONTROL APPEAL BOARD AND ANOTHER
- Citation
- TENG FUH CO. LTD. t/a KONG CHIN TRADING CO. v. AIR POLLUTION CONTROL APPEAL BOARD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL1928/2000
The storage and trading activities produced emissions (objectionable odour) and therefore qualified as a 'polluting process' under the Ordinance; the factual matrix (officers' observations, leakage, capacity for increased stock, seasonal heat and handling) established that air pollution was imminent in the statutory sense; the Appeal Board's affirmation was neither irrational nor Wednesbury unreasonable, so the judicial review application failed.