Hong Kong Case Law: Decisions & Judgments

Topic

Site classification (class a/b/c)

Legal area

Court

9 Aug 2022

DELUXE ASCENT LTD v. DIRECTOR OF LANDS

Citation

[2022] HKLdT 33
Court

Lands Tribunal
Case number

LDLR9/2018

The applications for leave were refused because the tribunal's factual and legal determinations—that the Resumed Lots did not abut a specified street maintained by the Highways Department, that historical access rights were extinguished by statutory resumption, and that the valuation approach and applied discounts were lawful and supported by evidence—were not shown to disclose an appeal with reasonable prospect of success or other reason in the interests of justice.
25 Jul 2003

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL147/2002

For the purpose of Reg.23(2)(a) an area within a site will be excluded from site area only if it has been dedicated to the public for passage or is subject to subsisting third‑party rights of passage (the landowner's ability to control and exclude is determinative); however, for other regulatory contexts (eg Reg.2(1) site classification) the existence of a street may be determined by physical characteristics, use and context. Applying these principles the Appeal Tribunal correctly found Section B was not a street for Reg.23(2)(a) and correctly found the EVA to be a street of requisite width a…
4 Jul 1981

CHENG YICK CHI ADN OTHERS v. ATTORNEY GENERAL

Citation

CHENG YICK CHI ADN OTHERS v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP233/1981

For the purposes of regulations 20, 21 and 22 the 'site' includes the entire leased area, including portions dedicated to the public for passage under regulation 23(2)(b); site classification is determined by the site boundary abutting streets of requisite width (the plaintiffs' site is Class A); for regulation 16 'frontage' is the site boundary and 'street shadow area' applies only to shadow cast over the surface of a street external to the site, so any 'street' within the site is ignored for street shadow calculations (thus calculations are to be made with regard only to Zetland Street).

Hong Kong Case Law

DELUXE ASCENT LTD v. DIRECTOR OF LANDS

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

CHENG YICK CHI ADN OTHERS v. ATTORNEY GENERAL