Read the full judgment text of CACV 000043/1995 on BabelCite. This Court of Appeal judgment was delivered on 18 May 1995 before Nazareth, V.-P., Godfrey and Liu, JJ.A..
Administrative law – judicial review – compensation for injurious affection – Foreshore and Sea-bed (Reclamations) Ordinance, Cap. 127 – statutory claim procedure – lease of Lot no. TYTL 68 off Tsing Yi Island with marine access between points B and C – condition of grant reserving Government's right to reclaim foreshore – proposed reclamation for construction of Terminal 9 – s.5 plan notice published 21 February 1992 – s.9 notice published 20 November 1992 with one-year claim period – claimant's agents' letters of 2 January 1992, 14 October 1992, 19 March 1993 and 13 January 1994 proposing lease modification as alternative to monetary compensation while 'reserving' right to compensation – Director's refusal to consider reservation of compensation rights on basis that statutory period expired – whether claimant's correspondence constituted a claim under s.12 – whether requirement to state sum of money willing to accept in full and final settlement is imperative or directory – whether a right to compensation is distinct from a claim for compensation – first issue: no, letters intimated a possible claim and proposed negotiated settlement, but did not make a claim properly so-called – second issue: requirement is imperative and forms an essential part of the s.12(1) scheme – distinguishing Howard v Secretary of State for the Environment [1975] 1 QB 235 – good administration requires Director to ascertain claims and amounts by a certain time – claimant failed at first hurdle – even if treated as a claim, absence of stated sum fatal – Director of Lands' decision upheld – appeal dismissed
Legal issues: Whether claimant made any claim for compensation before the statutory deadline · Whether s.12(1) requirement to state sum accepted in settlement is imperative
Outcome: Appeal dismissed; decision of Mayo, J. refusing judicial review of the Director's decision upheld.