31 Jul 2023
The application for a certificate under s32 was dismissed because the applicant failed to identify any legal point of great and general importance; the contested grounds were either addressed in the judgment or were insubstantial and did not raise matters meriting certification.
4 Apr 2022
The trial judge's findings that the metal frames, front and rear platforms and the iron door constituted building works and were unauthorised, that the demolition orders were validly issued and served on the appellant, and that the appellant offered no reasonable excuse were supported by the evidence; the judge properly refused termination and subpoenas; accordingly the convictions and fines were upheld.
10 Oct 2019
Service under the Buildings Ordinance is an element of the offence and, on the facts, the unauthorised fixtures and coverings in the rear lane were used as an extension of the appellant's shop at Nos.71–73 such that the demolition order was properly served on and binding the appellant; accordingly the prosecution proved the offence beyond reasonable doubt and the appeal against conviction fails.
27 Dec 2013
BA validly served the building orders on Easy Groups Ltd/HKTAL in accordance with s24(2)(c); BA was entitled to act on information available at the time and had no legal duty to serve subsequent claimants or every person who might later assert ownership under Category (i); the applicants failed the reasonable arguability test and leave is dismissed; interim injunction discharged.