Read the full judgment text of FACV 8/2016 on BabelCite. This FACV judgment was delivered on 16 February 2017.
1. A discrete, but important, point of statutory construction arises for determination. The relevant provision is s 17(1) of the Town Planning Ordinance Cap 131 (the TPO). [1] The judgments of the lower courts [2] dealt with that provision as it stood prior to the amendments made to the Ordinance in 2004. [3] I shall presently explain the reason for looking at the former provisions of the Ordinance although it will also be necessary in this appeal to look at the effect of current provisions of