Sime Darby Motor Services Limited v Director of Lands 

[2024] HKCA 207, the Court of Appeal granted the Director of Lands’ 

appeal and dismissed Sime Darby Motor Services Limited’s 

The Court held that the Director’s decision not to grant an 

land exchange for five lots of land in Fanling as they ought to be preserved land for small house development by indigenous villagers 

was a decision made squarely in the contractual context of the government acting as private landlord and not amenable to judicial review.

The Applicant’s submission that the nature of the Director exercising its powers as a protector of public interest alone renders the Decision susceptible to judicial review was rejected. In so holding, the Court upheld a long line of authorities and affirmed that the fact that the Director had to take into account land planning purposes is a peculiar feature of land administration in Hong Kong which has never been enough in itself to make the government’s decisions as landlord reviewable in public law.

 [2012] 2 HKC 329, the Court held that the Decision was not made by way of application or implementation of the small house policy. Instead, the Decision was one made in the context of the government exercising its contractual rights under existing leases to prevent the land from being developed and used in any manner inconsistent with the user and building restrictions, and the “concomitant freedom to decide whether to release those rights”. This was not sufficient to bring the Decision into the domain of public law to render it amenable to judicial review.

 and Justin Lam, instructed by the Department of Justice, acted for the Respondent.

, instructed by Messrs Reed Smith Richards Butler LLP, acted for the Applicant.

Sime Darby Motor Services Limited v Director of Lands

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