The Appeal Committee of the Court of Final Appeal granted leave to appeal against the judgment of the Court of Appeal in 

Sime Darby Motor Services Limited v Director of Lands

 [2024] 2 HKLRD 319, on the following two questions of law:

The underlying judicial review proceedings concerned the refusal of the Director of Lands to entertain a land exchange application (i.e. the Decision), on the ground that the subject land, falling within boundaries of village environs, ought to be preserved for the building of small houses under the Small House Policy unless exceptional circumstances exist (i.e. the Policy).

The Court of First Instance ([2022] 4 HKLRD 714) held that, notwithstanding the principle established by the Judicial Committee of the Privy Council in 

Hang Wah Chong Investment Co Ltd v Attorney General 

[1981] HKLR 336, the Decision based on the Policy asserted by the Director of Lands was amenable to judicial review, and that the substantive grounds of review were made out.

The Court of Appeal ([2024] 2 HKLRD 319) reached a contrary conclusion.

The full Determination of the Appeal Committee can be viewed 

The appeal will be heard on 1 April 2025.

, Anna Chow and , instructed by Reed Smith Richards Butler LLP, for the Applicant.

, who was not able to attend the leave application hearing due to another commitment), instructed by the Department of Justice, for the Respondent.

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Court of Final Appeal Grants Leave to Appeal on whether Land Decisions of the Director of Lands are Amenable to Judicial Review

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