29 Apr 1983
WINFAT ENTERPRISES (HK) CO LTD v. ATTORNEY GENERAL
- Citation
- WINFAT ENTERPRISES (HK) CO LTD v. ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCMP982/1982
The court held that plaintiffs' predecessors held land under Chinese common tenure subject to land taxes and, absent nuisance, could use land for non-building purposes prior to resumption; the 1899 Chinese proclamations had no legal effect as municipal law; the impugned ordinances were clear, intra vires under the Order in Council and Letters Patent and were not invalidated by Governors' assent even if given contrary to Royal Instructions because of the operation of Colonial Laws Validity Act s.4 and by non-disallowance; accordingly most declarations challenging the validity of ordinances, le…