18 Nov 2015
HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
- Citation
- HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
- Court
- Court of Final Appeal
- Case number
- FAMV28/2015
The Court refused most applications for leave to appeal and dismissed TPB's FAMV17/2015 application; it granted leave only on two narrow issues (Question 7 in TPB FAMV30/2015 concerning dimensions of a non‑building area and Question 2 in Hysan FAMV28/2015 concerning whether proportionality under Basic Law applies), holding that (i) procedural fairness requires participating Board members to be adequately informed of representations but factual findings on adequacy are for trial record, (ii) most challenges raised did not raise important questions of principle sufficient to grant leave, and (i…