Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 16 permission
  • 6 Dec 2006

    THE SECRETARY FOR TRANSPORT v. DELIGHT WORLD LTD

    Citation
    THE SECRETARY FOR TRANSPORT v. DELIGHT WORLD LTD
    Court
    Court of Final Appeal
    Case number
    FACV19/2005

    Section 12(aa) of the Lands Resumption Ordinance operates to exclude zoning considerations, and therefore the need for Town Planning Board section 16 permission, from being taken into account when assessing resumption compensation on the basis of Melhado use; it is incoherent to attempt to assess the likelihood of section 16 permission without taking zoning into account, so the Tribunal correctly disregarded the need for permission.