Hong Kong Case Law: Decisions & Judgments

Topic

Priority demolition order

Legal area

Court

15 Sept 2022

屋宇署對一個建於馬頭圍道行人路上方並附建於馬頭圍道182-186號晨曦樓及馬頭圍道188號康年閣的外牆的棚架構築物

Citation

[2022] HKCA 1336
Court

Court of Appeal
Case number

CAMP38/2022

The court refused the out‑of‑time leave application because the applicant’s explanations for delay were not reasonable and the proposed appeal lacked a real prospect of success: the scaffold was properly characterised as building works within the Buildings Ordinance so s24B applied, Labour Department safety approval did not negate public nuisance or Buildings Department jurisdiction, and the new evidence was immaterial to the core issues (thus no sufficient grounds to extend time).
4 Apr 2019

BUILDINGS DEPARTMENT v. TRUELAND DRIVING RANGE LTD

Citation

[2019] HKDC 478
Court

District Court
Case number

DCMP2594/2018

The court found on the evidence (expert report, physical inspection, website letting information and police complaints) that the bus, lounges and offices have the necessary degree of fixation, permanence, size, intended use and provision of services to be "building"/"building works" under s2; the lounges are let and the works fall within "other disposal" and the activities generated complaints amounting to public nuisance under s24B(1)(d); the legitimate expectation defence was inapplicable; accordingly a priority demolition order under s24B was warranted and granted.
9 Jul 2018

RE A WALL SIGNBOARD ATTACHED TO THE APPROVED MASONRY WALL FACING HIP WO STREET, KAI KING BUILDING, NO 12 YUET WAH STREET, KWUN TONG, KOWLOON

Citation

[2018] HKDC 760
Court

District Court
Case number

DCMP1550/2018

All three statutory conditions in BO s24B were met on the evidence: notices were properly given, the signboards were unauthorized, and structural engineer evidence established they posed an imminent danger and were being let for profit; the company representative's unauthorised status meant his unsupported assertions did not rebut the BA's evidence; accordingly the court granted the priority demolition orders for both signboards.
9 Jul 2018

RE A SIGNBOARD ATTACHED TO THE EXTERNAL WALL OF 2/F TO 4/F, NO 60 SAI YEUNG CHOI STREET SOUTH, KOWLOON (FACING SAI YEUNG CHOI STREET SOUTH AND NELSON STREET)

Citation

[2018] HKDC 760
Court

District Court
Case number

DCMP1530/2018

All three statutory conditions for granting PDOs under BO s24B were satisfied on the evidence: proper notice was given, the signboards were unauthorised works in contravention of BO s14, and expert evidence established they posed an imminent danger and were being let for profit; the respondent failed to produce evidence to rebut the BA and its purported representative lacked authority to act for the company, therefore the court exercised its discretion to grant PDOs as sought.
6 Mar 2017

RE A WALL SIGNBOARD ATTACHED AT 3/F-10/F, CHINA TRAVEL (CARGO) LOGISTICS CENTRE, NO.1 CHEONG TUNG ROAD, HUNG HOM, KOWLOON LOCATION 2: EXTERNAL WALL FACING HUNG HOM STATION

Citation

RE A WALL SIGNBOARD ATTACHED AT 3/F-10/F, CHINA TRAVEL (CARGO) LOGISTICS CENTRE, NO.1 CHEONG TUNG ROAD, HUNG HOM, KOWLOON LOCATION 2: EXTERNAL WALL FACING HUNG HOM STATION
Court

District Court
Case number

DCMP545/2017

The court granted the priority demolition order because the BA proved the signboard was an unauthorised structure posing imminent danger and erected for letting, and the BA complied with statutory notice requirements; Mr Li could not validly represent CTCM under RDC Order 5A r2 so his submissions had no effect on the entitlement to the order; costs were refused because CTCM had no valid participation and the DoJ instruction predated Mr Li's filing; no order on demolition costs was made because interested parties were not present and no warning had been given that costs recovery would be sough…
25 Jan 2017

BUILDING AUTHORITY v. GOOD FORTRESS LTD

Citation

BUILDING AUTHORITY v. GOOD FORTRESS LTD
Court

District Court
Case number

DCMP3411/2016

The court was satisfied on evidence including expert affirmations and the signboard's long-term unauthorised letting that (1) notice had been validly given, (2) the signboard is "building works" erected in contravention of the Buildings Ordinance, and (3) the signboard constituted an imminent danger to life or property and alternatively was carried out with a view to letting; accordingly a Priority Demolition Order under s24B was properly granted.

Hong Kong Case Law

屋宇署 對 一個建於馬頭圍道行人路上方並附建於馬頭圍道182-186號晨曦樓及馬頭圍道188號康年閣的外牆的棚架構築物

BUILDINGS DEPARTMENT v. TRUELAND DRIVING RANGE LTD

RE A WALL SIGNBOARD ATTACHED TO THE APPROVED MASONRY WALL FACING HIP WO STREET, KAI KING BUILDING, NO 12 YUET WAH STREET, KWUN TONG, KOWLOON

RE A SIGNBOARD ATTACHED TO THE EXTERNAL WALL OF 2/F TO 4/F, NO 60 SAI YEUNG CHOI STREET SOUTH, KOWLOON (FACING SAI YEUNG CHOI STREET SOUTH AND NELSON STREET)

RE A WALL SIGNBOARD ATTACHED AT 3/F-10/F, CHINA TRAVEL (CARGO) LOGISTICS CENTRE, NO.1 CHEONG TUNG ROAD, HUNG HOM, KOWLOON LOCATION 2: EXTERNAL WALL FACING HUNG HOM STATION

BUILDING AUTHORITY v. GOOD FORTRESS LTD

屋宇署對一個建於馬頭圍道行人路上方並附建於馬頭圍道182-186號晨曦樓及馬頭圍道188號康年閣的外牆的棚架構築物