Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S14 approval and consent
  • 22 Dec 2014

    RE PROFIT SUCCESS DEVELOPMENT LTD

    Citation
    RE PROFIT SUCCESS DEVELOPMENT LTD
    Court
    Court of Appeal
    Case number
    CACV87/2014

    The Tribunal gave adequate, detailed reasons applying the Leung Lai So factors and correctly concluded both structures were building works; paragraph 5 of the building order must be read in context to require the applicant to obtain all legally necessary permissions from the Building Authority, including s14 approval where applicable, and a building order can in ordinary cases amount to the BA's consent under s14 for works within its scope; accordingly the proposed challenge was not reasonably arguable and leave was properly refused and the appeal dismissed.