OR PUI KWAN v. CHING PO YI AND ANOTHER

OR PUI KWAN v. CHING PO YI AND ANOTHER

The Tribunal held the Applicant satisfied statutory prerequisites (80% threshold applied), determined EUV total HK$201,213,000 and RDV HK$277,000,000, found redevelopment justified on grounds of both age and state of repair (repairs neither cost-effective nor financially viable using the Tribunal's benchmarks), concluded the Applicant had taken reasonable steps to acquire minority shares, granted an order for sale, appointed trustees and fixed the auction reserve price at HK$277,000,000.

Citation
[2026] HKLdT 18
Parties
Applicant: Or Pui Kwan; 1st Respondent: Transtar Holdings Limited (祥達集團有限公司); 2nd Respondent: Ching Po Yi (appointed representative of the estate of Lee Lim Chu deceased); 3rd Respondent: Ip Hang Jim Shirley; 4th Respondent: Lo Kwai Yeung and Fung Wan Ying; 5th Respondent: Au Wing Keung (appointed representative of the estate of Lee Nui deceased)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
1 April 2026
Case Number
LDCS1000/2023
Procedural Posture
Compulsory Sale Application Under the Land (compulsory Sale for Redevelopment) Ordinance, Cap.545 / Judgment Handed Down 1 April 2026
Outcome
Order for sale granted under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap.545
Legal Topics
Ownership Threshold and Prerequisites, Market Valuation (euv and Rdv), Redevelopment Justification (age and State of Repair), Reasonable Steps to Acquire Minority Interests, Treatment of Unauthorised Building Works (ubw), Reserve Price and Auction Orders, Costs
Source Language
EN
Property Law Land Compulsory Sale Valuation Law Building and Planning Regulation Administrative/tribunal Procedure Ownership Threshold and Prerequisites Market Valuation (euv and Rdv) Redevelopment Justification (age and State of Repair) +4 more

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Parties

Or Pui Kwan

Applicant

Transtar Holdings Limited (祥達集團有限公司)

1st Respondent

Ching Po Yi (appointed representative of the estate of Lee Lim Chu deceased)

2nd Respondent

Ip Hang Jim Shirley

3rd Respondent

Lo Kwai Yeung and Fung Wan Ying

4th Respondent

Au Wing Keung (appointed representative of the estate of Lee Nui deceased)

5th Respondent

Procedural Posture

Compulsory Sale Application Under the Land (compulsory Sale for Redevelopment) Ordinance, Cap.545 / Judgment Handed Down 1 April 2026

Legal Issues

  1. 1 Whether the Applicant met the statutory prerequisites under section 3(1) (ownership threshold and accompanying valuation)
  2. 2 What is the market value (EUV) of each property in the building as at 19 December 2022
  3. 3 Whether redevelopment is justified by the age of the building under s4(2)(a)(i)

Ratio Decidendi

The Tribunal held the Applicant satisfied statutory prerequisites (80% threshold applied), determined EUV total HK$201,213,000 and RDV HK$277,000,000, found redevelopment justified on grounds of both age and state of repair (repairs neither cost-effective nor financially viable using the Tribunal's benchmarks), concluded the Applicant had taken reasonable steps to acquire minority shares, granted an order for sale, appointed trustees and fixed the auction reserve price at HK$277,000,000.

Court Disposition

Order for sale granted under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap.545

Orders

  • All undivided shares in Inland Lot No. 4868 to be sold by public auction for redevelopment under section 4(1)(b) of the Ordinance
  • Mr Anthony Chow and Ms Anna Chow of Messrs. Guantao & Chow appointed as trustees to discharge duties under the Ordinance