Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of administrative scheme
  • 12 Jun 2008

    CHAN YING WAH v. CHIEF EXECUTIVE AND OTHERS

    Citation
    CHAN YING WAH v. CHIEF EXECUTIVE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAL136/2005

    The Scheme's illustrative list is qualified to cover items that are 'minor annexures' used principally for agricultural purposes; although a 'bund' can include an embankment/sea wall, on the facts the sea wall was a large structure serving non‑agricultural (driveway/domestic) purposes and therefore did not qualify for the ex gratia allowance; the respondents' refusal was not irrational and the court declines to order substantive compensation, reserving costs for later determination.