中紀投資有限公司 Centre Chase Investment Limited v. 青山道國際工業大廈業主立案法團 the Incorporated Owners of Castle Peak Road International Industrial Building and Stl Company Limited

FAMV No 88 of 2025

[2026] HKCFA 6

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 88 OF 2025 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO 96 OF 2021)

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DETERMINATION

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The Appeal Committee:

1.We are satisfied that the following question put forward by the applicant is of the requisite importance and grant leave to appeal in respect of the same, namely:

Besides breaches of a deed of mutual covenant (“DMC”) involving illegality – for which there undisputedly can be no waiver or acquiescence – in what circumstances (if any) can waiver or acquiescence curtail the scope and/or excuse the discharge of the statutory duty imposed on a building’s incorporated owners (“IO”) by s.18(1)(c) of the Building Management Ordinance, Cap 344 (“BMO”)?

2.The other questions formulated in the Notice of Motion can be subsumed under this question and Mr Chan accepted that there is no need for them to be considered as separate questions.

3.The appeal will be listed for hearing on 29 May 2026.

Mr Abraham Chan SC, Mr Henry Cheng and Mr John Leung, instructed by C W Chan & Co, for the Applicant

Mr Lewis Law and Mr Lok Ho, instructed by Vitus Lawyers, for the 1^st Respondent

Mr Tommy Cheung, instructed by Fred Kan & Co, for the 2^nd Respondent