Read the full judgment text of FAMV 000020/2008 on BabelCite. This FAMV judgment was delivered on 8 September 2008 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ.
Constitutional law – deprivation of property – Article 105 of the Basic Law – Outline Zoning Plan – lease modification – question of fact and degree – reality versus form – government's willingness to modify lease conditions – development potential – discretion in granting lease modifications – protection of property rights 'in accordance with law' – restrictions lawfully imposed under Town Planning Ordinance – present value of land – no infringement of fundamental right – no arguable point of public importance – application for leave to appeal dismissed with costs.
Legal issues: Deprivation of property under Article 105 of the Basic Law · Infringement of Article 105 due to discretion in lease modifications
Outcome: Application for leave to appeal dismissed.
Cited by 2 cases