Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Zoning and compensation zones

Legal area

Court

6 Apr 2001

PARGO LTD. v. SECRETARY FOR JUSTICE

Citation

PARGO LTD. v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL107/1999

The CPLD's decisions were quashed because its decision-making process was materially flawed: it failed to take into account a material consideration (whether West Rail should be assessed as part of the wider Western Corridor Railway and whether resumed drainage land was 'affected by' that larger project or had clear potential for urban development). That omission rendered the decisions unlawful/Wednesbury-flawed and required remittal to the CPLD for reconsideration in accordance with the scheme and relevant policy precedents.
6 Apr 2001

PARGO LTD v. SECRETARY FOR JUSTICE

Citation

PARGO LTD v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL2170/1999

CPLD’s determinations were quashed because the committee failed to take into account material considerations required by the ex gratia compensation scheme: it did not properly consider whether West Rail should be treated as part of the larger Western Corridor Railway (and hence whether it was an essential territory-wide project) and failed adequately to consider whether the Applicants' lands merited at least Zone B classification as areas likely to be urbanised; the CPLD’s reasoning process was therefore flawed and remittal for reconsideration was required.