Nam Sang Wai Development Co Ltd and Another v. Town Planning Board

FAMV No. 53 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 53 OF 2015 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 25 OF 2014)

_______________________

BETWEEN

_______________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ

Date of Hearing and Determination: 27 May 2016

_______________________

DETERMINATION

_______________________

Mr Justice Ribeiro PJ:

1.We grant leave on the basis of the following question of law:

“Whether any decisions by the Town Planning Board other than a decision either refusing or granting permission under section 16(3) of the Town Planning Ordinance, Cap 131 or one granting planning permission with conditions under section 16(5) are capable of constituting ‘a decision of the Board under section 16’ reviewable under section 17(1).”

2.The appeal will be heard on 5 January 2017.

Mr Anthony Neoh SC and Mr Anthony Ismail, instructed by Lo & Lo, for the Interested Parties (Applicants)

Mr John Litton, instructed by the Department of Justice, for the Applicant (Respondent)

The Respondent, Town Planning Appeal Board, attendance excused