30 Mar 2022
TAM HOI PONG v. TOWN PLANNING BOARD
- Citation
- [2022] HKCA 462
- Court
- Court of Appeal
- Case number
- CACV540/2020
The TPB had not adopted the 2011 NNCP Arrangements as part of its own PPP policy; Condition (o) did not unlawfully delegate the TPB's statutory decision-making because it permitted DEP/DAFC to approve funding arrangements while preserving TPB's power to approve; absent adoption there was no legitimate expectation. Therefore the Court of Appeal allowed the TPB's appeal and reinstated the Decision.