CSE566

Topic 3 - Tutorial
 Consent to commence works
• Plans were approved and documents duly
submitted for consent to commence works. The
application was rejected by reason of not lodging
or not providing proper supervision plan for the
works. It the developer appeals against the
decision of BA, is there any chance to succeed in
the appeal?
• Alternatively, consent was granted. Later, it came
to the knowledge of the BA that the supervision
plan was incomplete or defective. Would the
consent be still valid within the meaning of BO?
 Mag Appeal no. 493 of 1997 - 1

 D, a Registered Structural Engineer, applied to

the BA for approval of the building plan.The
building plan was rejected several times, and the
last being on 25th November 1994.
 D proceeded with the works. Proceedings were
brought against D for contraventions of BO …
under s14(1) and s40
 Which sub-section of s40 should be referred to?
 Mag Appeal no. 493 of 1997 - 2

 D alleged that the day before the latest refusal, an

employee of the BA, K had given oral approval
to D and K also chopped the building plans with
the approval stamp.
 D was unable to produce a copy of the approved plan.
 D intended to call K and another employee of the
Building Authority V. However, K and D were both
retired and were abroad.
 D sought an adjournment so that K and V could
be called as witnesses.

 Did D have any chance at all to defend the case?

•
 Mag Appeal no. 493 of 1997 - 3

 Read s14(1). Note the administrative procedure

on the approval of plans. Was the building plan
approved?

 As to the offence, what would be the defence?

 Would D be allowed to adjourn the case to

call for the witness?

Case referred HKSAR v Choy Bing Wing, Mag App

no 493 of 1997.
THE END