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Written by: Li Huina
2021-03-31 14:56
The last update date: 2021-03-31 14:57
The "803 Fund" established by former Chief Executive Leung Chun-ying alleged that the Buildings Department had not dealt with the illegal construction of the former Legislative Council member Mao Mengjing's residence and filed a judicial review.
The High Court processed an application for review permission today (31st). The fund believes that the owner of the unit is a well-known journalist, and his wife Mao Mengjing is a former legislative council member. The issue of illegal structures will be more concerned, and the Department’s current practice may affect the department’s work. Public credibility; the house said that the department will only act in accordance with the policy. After receiving the media inquiries about illegal construction, it has already inspected it. If it is not dealt with immediately, it does not mean that it will never be dealt with.
After hearing the submissions of both parties, the judge adjourned the award of the verdict.
The "803 Fund" was the applicant for this judicial review. The respondent was the Director of Buildings. The owner of the unit involved and the husband of Mao Mengjing were listed as relevant stakeholders in the litigation, but he did not appoint a lawyer to attend the hearing today.
Refers to Mao and his husband as influential people
The applicant stated that the illegal construction problem in Hong Kong is notorious, and that this case involves the enforcement of the Buildings Department and involves public interest. The owner of the illegal construction unit in this case is a well-known journalist. His wife, Mao Mengjing, is a former legislative council member. They belong to the society. And politically influential people, so the issue of illegal construction will be more concerned.
Considered qualified for review
The applicant continued that since both of them are figures who will receive public attention, the Department’s current practice may affect the credibility of the department.
In addition, the applicant is an organization that promotes the rule of law and civic awareness activities, and its members include the former chief executive Leung Chun-ying, who is a surveyor, and therefore believes that the applicant is eligible for review.
The agency stated that the applicant is not directly related to the case
The Buildings Department pointed out that the applicant was not directly affected in the incident, and this case will not affect most of the public like the "Prohibition of Face Masking Act". There are other people who are more qualified to review the incident than the applicant. For example, residents of the same building.
The unauthorized construction part does not belong to the real-time processing category
The Buildings Department also pointed out that even if the owner and his wife are well-known journalists and former members of the Legislative Council, it is not important to the department. The department will only act in accordance with the policy. , Has been to the unit for investigation.
The Department believes that the unauthorized construction area is covered, not an exposed structure, and can be exempted under the Ordinance.
The Buildings Department also pointed out that it is not that the department will never take enforcement actions. According to its policy, illegal construction is not a category that requires immediate handling.
Case number: HCAL 2215/2020
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Judicial Review Court of Buildings Department
