Chiu Chi Wo v. Director of Lands

Case No.CACV 18/1997

Court

Court of Appeal

Date28 May 1997

Judge—

Case Document

100%

CACV000018/1997

IN THE COURT OF APPEAL	1997, No.18
	(Civil)

BETWEEN
	CHIU CHI WO	Appellant
	AND
	DIRECTOR OF LANDS	Respondent

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Coram: Hon Nazareth Ag. CJ, Bokhary & Liu JJA

Date of Hearing: 28 May 1997

Date of Judgment: 28 May 1997

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JUDGMENT

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Liu JA:

1. The appellant is a partner of Hang Hing which formerly carried on business at No. 9, Ground Floor, Sui Lun Street, Kowloon. On 3 October 1992 the property reverted to the Crown pursuant to a Notice of Resumption. The partnership was, nevertheless, allowed to remain on the premises rent free until April 1994. The appellant applied for compensation under the provisions of Crown Land Resumption Ordinance. $3.85 million was awarded. The appellant felt dissatisfied with the compensation, and he applied for a review. On 10 January 1997, the review was refused. He lodged his Notice of Appeal on 17 January 1997.

2. The Director of Lands complains that the appellant has specified no appealable points of law for appeal. The appellant gives an identical ground of appeal as that in Civil Appeal No.2491 of 1996 in which he is an authorised agent. We have just delivered ourselves of a judgment in that other appeal.

3. Today the appellant makes reference to the erroneous refusal of the Director to award compensation to him for lack of a water disposal system. He also complains that the Lands Tribunal failed to take into account his proper relocation expenses. These are all alleged errors of fact which are not appealable according to law.

4. For the reasons just given in Civil Appeal No.2491 of 1996, we must hold that the ground in his Notice of Appeal as unappealable and his appeal incompetent. For the same reasons, we strike out his Notice of Appeal and his appeal.

(G P Nazareth)	(K Bokhary)	(B Liu)
Acting Chief Justice	Justice of Appeal	Justice of Appeal

Representation:

Chiu Chi wo, appellant in person

Mr Raymond Tam, Sr C.C. of Crown Solicitor for respondent