Profit Success Development Ltd v. Appeal Tribunal (Buildings)

HCAL94/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 94 OF 2011

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BETWEEN

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Before : Hon Au J in Court

Date of Hearing : 28 August 2012

Date of Judgment : 8 November 2012

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2^nd CORRIGENDUM

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Paragraph 19 (1) of the judgment should read as follows:

(1)Both Structures 1 and 2 are not “building works” as defined under the BO, but are plant, machinery or equipment (under regulation 17(2)(e)(i) of the Building Regulations Building (Construction) Regulations, Cap.123B (“the Regulations”)).  They therefore do not fall within the purview of the BA.  I would call this the “building works ground”.