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Planning Law in Hong Kong

Planning Law in Hong Kong

  • Author:
  • Publisher: LexisNexis Hong Kong
  • ISBN: 9789888476435
  • Published In: April 2018
  • Format: Paperback , 294 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,100.00

HKD 2,037.00 Save HKD 63.00 (3%)

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  • Description 
  • Contents 
  • Author 
  • Details

    This new title brings together in a single book the operation of the Town Planning Ordinance and the legal process for challenging planning decisions. In two parts, the first section of the book sets out and explains the plan making and development control functions that the Town Planning Ordinance has in Hong Kong with reference to the evolving case law. The second part examines and discusses how decisions can be challenged through the High Court, including the grounds on which such decisions may be challenged, and draws extensively on Hong Kong and English case law.

  • PART A: The Planning Framework
    1 The Planning Department and the Statutory Framework

    PART B: Challenging and Defending Planning Decisions
    2 Basic Principles and Specific Issues in Judicial Review
    3 Access to Court - Standing
    4 Access to Court – Funding
    5 Common Grounds of Challenge - Wednesbury, Issues of Fairness, the Tameside Duty, Spot Zoning, Constitutional Points

    App 1 Town Planning Ordinance
    App 2 Town Planning Regulations
    App 3 Town Planning (Appeals) Regulations
  • John Litton QC

    Born in Hong Kong, John is admitted to the Bars of Hong Kong (1990), England & Wales (1989) (QC, 2010), Northern Ireland (2013) and the Supreme Court of the Eastern Caribbean (BVI) (2013). He is a registered lawyer in the Dubai International Financial Centre Court, a member of the Chartered Institute of Arbitrators and an associate member of the Hong Kong Institute of Arbitrators. In full time practice as a member of Des Voeux Chambers in Hong Kong and Landmark Chambers in London, John appears regularly in the Courts of Hong Kong, England & Wales, Northern Ireland, the Caribbean (Cayman Islands and the BVI) and elsewhere. His practice in Hong Kong includes town planning, environmental law, public administrative law, complex rating cases, commercial litigation and arbitration. As a former member of the “A” Panel of Treasury Counsel for the UK Government he has extensive experience of judicial review in a broad range of administrative and public law cases (including town planning and environmental law matters) in Hong Kong and the United Kingdom for both private and public sector clients. He appears before the Lands Tribunal, Town Planning Appeal Board, Court of First Instance, Court of Appeal and Court of Final Appeal. Recent Hong Kong cases include Nam Sang Wai Development Co. Ltd v Town Planning Board (2017), CLP Power Hong Kong Ltd v Commissioner Rating and Valuation (2017), Mayer Corporation Development International Ltd v Alliance Financial Intelligence Ltd (2017), Song Liang Zhong v Chan Sze Wan & Others (2017) and Jonnex International Ltd. v Town Planning Board (2018).

     

    Kate Olley

    Kate is admitted to the Bars of Hong Kong (2015) and England & Wales (1999). She is a member of Parkside Chambers in Hong Kong and Landmark Chambers in London. She appears regularly in the High Court and Court of Appeal in both jurisdictions and has appeared in the Court of Final Appeal and on her own as a junior barrister in the UK Supreme Court. She is a judicial review specialist and has been recognised in the UK Legal Directories since 2005 as a leading junior in her field: “highly impressive”; “she can win very difficult and complex cases with her brilliant advocacy”; “a persuasive advocate whose skeleton arguments and written advice are of a very high standard”; “gives clear and precise advice”; “has excellent communication skills and deals with very difficult clients with ease”; “a rising star”. Kate was instructed by the UK Government to act on behalf of HM Treasury in the high-profile Bank Mellat litigation and has acted for a wide range of Government Departments as well as private clients. Her practice in Hong Kong includes town planning, environmental law, public administrative law, immigration law and general commercial litigation. Recent Hong Kong cases include Jonnex International Ltd. v Town Planning Board (2018) and Designing Hong Kong Ltd v Town Planning Board (2017), making the law on protective costs orders in Hong Kong. Kate co-updated LexisNexis' Judicial Review in Hong Kong (Gordon & Mok, 2014) and was a former Pegasus Scholar to Hong Kong, working with Frank Stock VP (as he then was). She is a mediator and has mediated disputes in the public, planning and property law fields. She graduated from Oxford University in 1997 with 1st Class Honours in Chinese Studies and speaks Mandarin.

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