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Butterworths Hong Kong Building Law Handbook, 5th Edition

Butterworths Hong Kong Building Law Handbook, 5th Edition

  • Author:
  • Publisher: LexisNexis Hong Kong
  • ISBN: 9789888764297
  • Published In: February 2022
  • Format: Paperback
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

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    The Butterworths Hong Kong Building Law Handbook is published to reflect the changes made under the Buildings (Amendment) Ordinance 2011 and Buildings Legislation (Amendment) Ordinance 2012.

    This handbook makes available in a convenient form the full text of the Buildings Ordinance (Cap 123) together with section-by-section annotations. The annotations include amendment notes, carefully researched case authorities, expert commentary and other authoritative material presented in a concise and succinct style. In addition, cross-references are made to subsidiary legislation and to tables and forms where necessary.

    Changes since the last edition:
    · Building Authority v Appeal Tribunal (Buildings) [2018] 21 HKCFAR 194, [2018] HKCFA 20 on section 27A.
    · HKSAR v Poon Lok To Otto [2021] HKCFI 26 on appeal against conviction under sections 14(1) and 40(1AA).
    · Magic Key Ltd & others v Appeal Tribunal (Buildings) [2020] HKCFI 1716 on approach to conflict of opinion of experts at a hearing of the Buildings Appeal Tribunal.
    · Tong Wun Ying Polly v Appeal Tribunal Buildings [2021] HKCFI 2119 on whether having paid for the premises with a balcony, there is legitimate expectation that it be permitted to be retained.
    · Charteryard Industrial Ltd v Appeal Tribunal (Buildings) [2021] HKCA 1164 on circumstances for Buildings Appeal Tribunal to hold full hearing.
    · The Incorporated Owners of Garden Vista v Appeal Tribunal (Buildings Ordinance)[2021] HKCFI 2179 on the duty of Buildings Appeal Tribunal to give reasons.
    · Lam Ah Fu Peter v Building Authority [2021] HKCA 756 on discretion of the Buildings Appeal Tribunal to award costs.
    · The Incorporated Owners of Garden Vista v Appeal Tribunal (Buildings) Ordinance)[2021] HKCFI 2179 on finding of fact by the Buildings Appeal Tribunal.
    · Monat Investment Ltd v Lau Chi Kan Kenneth [2020] 4 HKLRD 330, HKCFI 1970 on impact of breach of section 14 on adverse possession.
    · The Incorporated Owners of Tak Fan Lau v The Building Authority [2021] HKCFI 902 on power of Building Authority to withdraw a building order.
    · Additional annotation of section 30B on Mandatory Building Inspection Scheme (MBIS) and the Mandatory Window Inspection Scheme (MWIS) introduced under the Building Ordinance Cap 123.
    · Meaning of Scheduled Areas [Schedule 5].
    · Meaning of Prescribed Building or Building Works [Schedule 8] to include further types of unauthorized building or building works to be regulated under the Minor Works Validation Scheme.

    These changes are incorporated in this edition so that it will serve as the most up-to-date reference guide for practitioners, legal advisers, students, and anyone interested in the laws governing the planning, design and construction of buildings and associated works in Hong Kong.

  • Andrew Mak Andrew practises mainly in commercial and property litigation. He has appeared regularly in trials and appeals in the High Court. Before 1997 he was led to appear in the Privy Council case of Silver Mountain Investments Ltd v Attorney General of Hong Kong [1994] 1 WLR 925. He is also active in international commercial arbitration both in Hong Kong and in Mainland PRC. He has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is a member of panels of arbitrators, including the Hong Kong International Arbitration Centre (HKIAC), Shenzhen (SAIC), Panel of Arbitrators of SCIA Financial Arbitration Centre, Shanghai (SHIAC), Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and Malaysia (KLRCA). He is also a Chinese legal consultant of the PRC in Shanghai. His legal opinion has been accepted by the PRC courts. He gives lectures at the Peking University, the East China University of Politics and Law (formerly the St John University), and the Shanghai University of Finance and Economics. His major professional works include “The Law of Injunction in Hong Kong” 2nd Ed, (2018), Conveyancing & Property Litigation in Hong Kong 2nd Ed (2019), Disciplinary & Regulatory Proceedings in Hong Kong, 3rd Ed, (2019). He is also contributor to Halsbury‘s Laws of Hong Kong Vol 1 Administrative Law, 2nd Ed (2014), Atkin's Court Forms Hong Kong (looseleaf) Administrative Law, Emden’s Construction Law in Hong Kong Chapter 10, Butterworths Hong Kong Building Law Handbook 4th Ed, Butterworths Hong Kong Statutory Interpretation Handbook (3rd Ed).

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