ORIENT SEA INVESTMENTS LTD AND OTHERS v. CHEUNG WING CHING AND OTHERS

ORIENT SEA INVESTMENTS LTD AND OTHERS v. CHEUNG WING CHING AND OTHERS

The Tribunal granted the 12‑month extension because the applicant demonstrated exceptional conservation and technical difficulties that have materially prolonged works, substantial foundational and ELS works are complete, the AP expects to apply for an Occupation Permit by July 2027, and a 12‑month extension is proportionate; the existence of Government enforcement powers did not preclude the Tribunal from exercising its discretion to extend the covenant.

Citation
[2024] HKLdT 55
Parties
1st Applicant: Orient Sea Investments Limited; 2nd Applicant: Top Score Properties Limited; Interested Party (on Behalf of Director of Lands): Secretary for Justice
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
21 June 2024
Case Number
LDCS27000/2018
Procedural Posture
Land Compulsory Sale Main Application No. 27000 of 2018 / Post‑judgment Application for Extension of Building Covenant Period (ex Parte Summons Amended; Joinder Application)
Outcome
Application granted in part: Secretary for Justice joined as interested party on behalf of Director of Lands; 12‑month extension of the building covenant granted; no order as to costs between Tribunal and applicants (A1 to deal with Secretary for Justice separately).
Legal Topics
Extension of Building Covenant, Compulsory Sale for Redevelopment, Judicial Discretion, Government Lease Enforcement, Joinder of Interested Party, Costs
Source Language
EN
Land Law Administrative Law Heritage Conservation Civil Procedure Extension of Building Covenant Compulsory Sale for Redevelopment Judicial Discretion Government Lease Enforcement +2 more

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Parties

Orient Sea Investments Limited

1st Applicant

Top Score Properties Limited

2nd Applicant

Secretary for Justice

Interested Party (on Behalf of Director of Lands)

Procedural Posture

Land Compulsory Sale Main Application No. 27000 of 2018 / Post‑judgment Application for Extension of Building Covenant Period (ex Parte Summons Amended; Joinder Application)

Legal Issues

  1. 1 Whether the Lands Tribunal should grant a 12‑month extension of the building covenant period imposed by its earlier order
  2. 2 Whether the Secretary for Justice/Director of Lands should be joined as an interested party and the implications of lease enforcement by the Government
  3. 3 What principles govern the Tribunal’s exercise of discretion when extending a building covenant imposed under the Land (Compulsory Sale for Redevelopment) Ordinance

Ratio Decidendi

The Tribunal granted the 12‑month extension because the applicant demonstrated exceptional conservation and technical difficulties that have materially prolonged works, substantial foundational and ELS works are complete, the AP expects to apply for an Occupation Permit by July 2027, and a 12‑month extension is proportionate; the existence of Government enforcement powers did not preclude the Tribunal from exercising its discretion to extend the covenant.

Court Disposition

Application granted in part: Secretary for Justice joined as interested party on behalf of Director of Lands; 12‑month extension of the building covenant granted; no order as to costs between Tribunal and applicants (A1 to deal with Secretary for Justice separately).

Orders

  • The Secretary for Justice is joined as an interested party on behalf of the Director of Lands to the Ex‑Parte Summons filed on 10 May 2024
  • Leave granted for A1 to amend the Ex‑Parte Summons as a result of the joinder