29 Jul 1999
KAM LAN KOON AND OTHERS v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS
- Citation
- KAM LAN KOON AND OTHERS v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS
- Court
- Court of Appeal
- Case number
- CACV197/1998
The Director of Lands' decision refusing extension was judicially reviewable, but on the facts the grant was for a specific stipulated private purpose (an ancestral Chi Tong) which was not fulfilled by the building's use as a Taoist public temple; appellants lacked proper standing (first applicant unconstituted, second a stranger, third not sole grantee) and assignments breached the permanent non-assignment covenant, justifying refusal of extension; accordingly the appeal was dismissed and costs awarded to the respondent with specified interlocutory exceptions.