Wu Lai Ha v. Housing Department and Another

HCAL000017/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ADMINISTRATIVE LAW PROCEEDINGS NO. HCAL 17 OF 1998

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Coram: The Honourable Mr. Justice Waung in Chambers

Date of Hearing: 20 July 1998

Date of Delivery of Judgment: 20 July 1998

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JUDGMENT

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1. I have considered the application for leave to apply for Judicial Review. There are three main complaints by the Applicant. First in relation to act in 1976 by the District Office for refusing to register her hut. This is so long ago and in any event was overtaken by the registration in 1982. She was registered with permission for the hut with temporary building materials. So there is nothing in the 1976 District Office refusal point. The second complaint is that there should not be refusal of registration in 1992 for her to build the hut with permanent structure material. But there was in existence at that time a government policy to that effect and I can see no ground for believing that there is any arguable case of Judicial Review against such 1992 Government refusal to allow permanent structure materials to be erected. The last ground and really the only main ground of complaint is that the notices by the Housing Department starting from 1992 up to 1995 leading eventually to the 1995 demolition of the permanent structure materials of the hut was wrong. As the Government could properly refuse to give permission for the erecting of permanent structure with permanent materials, then equally the Government could remove the permanent structures and I find therefore there is no possibility of this ground succeeding. It follows that the Judicial Review of the Applicant is bound to fail and I therefore refuse leave. Finally it is also worthwhile to note that the application is made for actions going back many many years and therefore on the ground of delay without an adequate justification, I will also refuse leave to apply for Judicial Review.

2. I make no order of costs in respect of the application.

Representation:

Ms. Wu Lai Ha. Applicant (In Person)

Mr. Gerald Wu Government Counsel of Department of Justice for Respondents

上訴法庭撤銷申請人的上訴。請參閱CACV179/1998 日期: 1999年2月3日