High Court Dismisses Judicial Review of Red Hill Villa Demolition Order
HK01 · 2 SOURCESabout 1 hour ago2 MIN
Summary
The High Court on Friday dismissed a judicial review application by the owner of Red Hill Peninsula Villa 52, upholding a demolition order issued by the Buildings Department for unauthorized structures on the property. Acting Justice Lam Chin-cheng ruled that the department lacks the discretion to grant retrospective approval for completed unauthorized building works, as such a practice would encourage property owners to circumvent the application process .
Key Points
- Applicant Bolitho Oliver Robert Morgan received a demolition order from the Buildings Department in December 2023 for unauthorized structures on his villa at Red Hill Peninsula
- Morgan challenged the order before the Building Works Appellate Tribunal, which rejected his appeal in May 2026
- The applicant argued the department had discretion under Section 24(1) of the Buildings Ordinance to issue modification orders instead of demolition orders
- Justice Lam ruled the Buildings Ordinance is preventive in nature and the department cannot issue retroactive permits for works already completed
- The court ordered the applicant to pay 260,000 Hong Kong dollars in legal costs to the Buildings Department
Why It Matters
This ruling clarifies that property owners cannot obtain retrospective authorization for unauthorized structures after construction, reinforcing the Buildings Department's enforcement powers and establishing a deterrent against non-compliant construction in Hong Kong .
This ruling clarifies that property owners cannot obtain retrospective authorization for unauthorized structures after construction, reinforcing the Buildings Department's enforcement powers and establishing a deterrent against non-compliant construction in Hong Kong .