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.