'Tallest building posed no risk'
The world's tallest building could have been built in Hong Kong without posing an unacceptable risk to aircraft, it was claimed in court yesterday.
But senior judges refused to allow the issue to be considered in a multimillion-dollar court battle over the Tsuen Wan project.
Chinachem chief Nina Wang had planned to develop a 108-storey skyscraper on the site which would have soared to a record 522 metres.
The plans were shelved in 1997 when the Government cited fears about the safety of flights from Chek Lap Kok airport and restricted the height to 324 metres.
A court battle is now to be fought over payments of more than $175 million made by Chinachem firms to the Government as a result of delays in completing the revised project, which is unfinished.
Martin Lee Chu-ming SC, for the companies, had wanted to call expert witnesses to challenge government claims the original plans would have endangered flight safety.
He was also seeking to force the Government to reveal advice it had received from its own experts on the alleged danger to aircraft.
But the Court of Appeal, in a preliminary hearing, upheld a decision by a Court of First Instance judge that this should not be one of the issues in the case.
Mr Justice Anthony Rogers questioned whether a court, rather than the Government, could determine the acceptable risk.
The case would be limited to deciding whether the Government needed, and in fact had, reasonable grounds for imposing the height restriction, the court ruled.
Mr Lee claimed the companies had reached an oral agreement with the Government in which they were promised they would not have to pay any premium as a result of delays to the project.
In return, he said, the developers had agreed to abide by the height restriction introduced by the Government.
The action is brought by Ying Ho Company Ltd, Kwong Fonk Investors and Developers Ltd, Cheong Ming Investment Co Ltd, The World Realty Ltd, Yau Fook Hong Co Ltd, Tsing Lung Investments Co Ltd, Dorfolk Investments Ltd and On Lee Investment Co Ltd.
The court also comprised Mr Justice Gerald Godfrey and Mr Justice Arjan Sakhrani.
