Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Validity of administrative orders

  • 22 Dec 2014

    RE PROFIT SUCCESS DEVELOPMENT LTD

    Citation
    RE PROFIT SUCCESS DEVELOPMENT LTD
    Court
    Court of Appeal
    Case number
    CACV87/2014

    The Tribunal gave adequate, detailed reasons applying the Leung Lai So factors and correctly concluded both structures were building works; paragraph 5 of the building order must be read in context to require the applicant to obtain all legally necessary permissions from the Building Authority, including s14 approval where applicable, and a building order can in ordinary cases amount to the BA's consent under s14 for works within its scope; accordingly the proposed challenge was not reasonably arguable and leave was properly refused and the appeal dismissed.

  • 29 Nov 1993

    ATTORNEY GENERAL v. NGUYEN THI HUE

    Citation
    ATTORNEY GENERAL v. NGUYEN THI HUE
    Court
    Court of First Instance
    Case number
    HCMP3315/1993

    The court, having postponed argument on the jurisdictional challenge pending evidence from the Director, exercised its discretion to grant limited further detention orders under s.32(4)(b) because the Crown demonstrated that witnesses' evidence was sufficiently important and there was a reasonable prospect they would give evidence within a reasonable time; therefore detention orders for 14 days from 3 December 1993 were granted for all respondents except the three identified, and procedural objections (unsealed originating motions) were rejected as clerical and non‑determinative.