Parkside’s Ernest Ng, instructed by the Department of Justice, played a role in a novel Court of Appeal case, representing the Building Authority in a successful appeal that could reshape how building orders are issued across Hong Kong.
In this landmark decision, the Court of Appeal clarified that building orders related to defective drains or sewers under section 28(3) of the Buildings Ordinance (Cap. 123) must be served on the owner of the specific part of the building where the defective drains or sewers exclusively serve. This ruling marks a significant departure from the previous practice, which allowed more discretion in choosing among co-owners.
This decision is poised to have considerable consequences for owners of multi-storey buildings across the city, potentially setting a new precedent in Hong Kong’s legal landscape.
To see the full judgment, click here.
