REGAL SHINING LIMITED v SECRETARY FOR JUSTICE(ON BEHALF OF THE DIRECTOR OF THE LANDS DEPARTMENT AND THE TOWN PLANNING BOARD)

Read the full judgment text of CACV 230/2014 on BabelCite. This Court of Appeal judgment was delivered on 16 November 2015.

1. Regal Shining Limited, the plaintiff in this appeal, is the registered owner of the land known as the Remaining Portion of Lot No 714 in Demarcation District No 450, Yiu Wing Street, Kwai Chung [“the Land”]. A Taoist temple called Hong Dao Tong (弘道堂) [“HDT”] was built on the land. In the temple, a columbarium with niches is situated at various parts of the building. Though it only occupied 26.94% of the total area of the temple, the scale of the columbarium is substantial. There are 26,000 ni