WU LAI HA v. Housing Department and Another

FAMV No. 8 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV No. 179 OF 1998)

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D E T E R M I N A T I O N

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Litton PJ:

1. This is the determination of the Appeal Committee.

2. The background to the application before us briefly is this. The applicant is the occupier of a structure erected on government land located at Sai Kung. In April 1991 she applied to the District Office for permission to erect a porch. This was refused. She proceeded to erect the porch nevertheless. In August 1992 the Housing Department sent her a warning letter and asked her to demolish the illegal structure. She also refused. In February 1995 the Housing Department, in reliance upon the powers contained in section 6 of the Land (Miscellaneous Provisions) Ordinance, Cap. 28, caused the structure to be demolished.

3. On 3 April 1998, many years after the time limit in Order 53 r.4 of the Rules of the High Court had expired, the applicant sought leave from the High Court to institute proceedings against the Housing Department for judicial review of its decisions and actions in relation to the porch. Mr Justice Waung refused to grant leave. His decision was upheld by the Court of Appeal. The Court of appeal refused leave to appeal to this Court.

4. We have heard the applicant this morning. We need not deal with any question of jurisdiction as argued by the respondent, since nothing suggests that the Court of Appeal has erred. This application is dismissed.