NAM SANG WAI DEVELOPMENT CO LTD AND ANOTHER v. TOWN PLANNING BOARD
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FAMV No. 53 of 2015
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 53 OF 2015 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 25 OF 2014)
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BETWEEN
| TOWN PLANNING BOARD | Applicant (Respondent) | |
| and | ||
| TOWN PLANNING APPEAL BOARD | Respondent | |
| NAM SANG WAI DEVELOPMENT COMPANY LIMITED and KLEENER INVESTMENT LIMITED | Interested Parties (Applicants) |
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Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 27 May 2016
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DETERMINATION
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Mr Justice Ribeiro PJ:
1. We grant leave on the basis of the following question of law:
“Whether any decisions by the Town Planning Board other than a decision either refusing or granting permission under section 16(3) of the Town Planning Ordinance, Cap 131 or one granting planning permission with conditions under section 16(5) are capable of constituting ‘a decision of the Board under section 16’ reviewable under section 17(1).”
2. The appeal will be heard on 5 January 2017.
| (R A V Ribeiro) | (Robert Tang) | (Joseph Fok) |
| Permanent Judge | Permanent Judge | Permanent Judge |
Mr Anthony Neoh SC and Mr Anthony Ismail, instructed by Lo & Lo, for the Interested Parties (Applicants)
Mr John Litton, instructed by the Department of Justice, for the Applicant (Respondent)
The Respondent, Town Planning Appeal Board, attendance excused