編號 : 2015165
講師 : Louie Chan, FHKIS, FRICS, FCIArb, Barrister
日期 : 14/12/2015
時間 : 6:30 pm - 8:30 pm
進修時間 : 2
地點 : 香港上環干諾道中111號永安中心12樓 1207室測量師研究中心
主辦單位 : 產業測量組
截止日期 : 12/12/2015
費用 : HK$120 for member; HK$150 for non-member (HK$30 walk in surcharge for all pricings listed)
名額 : GPD Members; First-come-first-served
語言 : English and/or Cantonese
詳情 :

The recent decision of the Court of Appeal in CACV 230/2014 reaffirmed, inter alia, that the use as columbarium was in breach of General Condition 15 [“GC15”] of the government lease under which the land was granted. At issue in this case was the interpretation of government lease, based on the application of the principles of contextual interpretation elicited by Lord Hoffman and accepted by the Court of Final Appeal in the Fully Profit case in Hong Kong. 

In the seminar Mr. Chan will go through the submissions of both sides in relation to the relevant historical context in the prevailing situation in 1911 when the clause was first devised as well as the prevalence in the use of cremation in 1953 when the government lease in that case was granted.

This is perhaps an important case after the Fully Profit and United Bright cases on interpretation of government lease and should be of interest to our general practice surveyors in land matters. It is hoped that there can be exchange of views on this interesting topic.