Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

License validity
  • 7 Nov 1991

    YU SHU TUNG v. BUK CHEONG LOONG

    Citation
    YU SHU TUNG v. BUK CHEONG LOONG
    Court
    Court of First Instance
    Case number
    HCA6531/1989

    Assuming the Urban Council validly exercised its statutory powers in granting fixed pitch (wall stall) licences and the defendants' acts fall within the terms of those licences, the defendants were acting under statutory authority; injuries to the plaintiff's premises caused as the necessary and inevitable consequence of such lawful authority cannot be complained of in the absence of negligence, therefore the defendants have a valid defence and the plaintiff's action must be dismissed (subject to the plaintiff's right to challenge licence validity).