31 Jul 2007
CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL2/2007
The court held the Tribunal lawfully considered the junction under s16(1)(h) because an off-site traffic impact with a direct causal link to the proposed developments made the junction 'sufficiently proximate'; the Building Authority and Tribunal had jurisdiction to determine for plot-ratio purposes that gridlines constituted a right-of-way and a prescriptive easement can arise in Hong Kong; the duty to act consistently did not preclude acting to prevent an unsafe junction where the prior scheme proved unworkable, and therefore the judicial review applications failed.