12 Feb 2010
SINO MOUNT LTD v. MA HON CHEUNG, ANDREW, PRINCIPAL MAGISTRATE PRESIDING AT KOWLOON CITY MAGISTRATE\'S COURT
- Citation
- SINO MOUNT LTD v. MA HON CHEUNG, ANDREW, PRINCIPAL MAGISTRATE PRESIDING AT KOWLOON CITY MAGISTRATE\'S COURT
- Court
- Court of First Instance
- Case number
- HCAL142/2009
Leave to apply for judicial review was refused because Sino Mount, as tenant, lacked locus to challenge a warrant properly addressed to the owner; DMC clause 3(d) does not confer on a tenant rights against the Incorporated Owners to block or demand compensation for remedial works; any remedy for disturbance is against the landlord under the tenancy, and the Magistrate was entitled to issue the warrant given the Building Authority's order and the urgency of protecting public safety.