Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Crown leases

  • 24 Nov 1992

    TANG TIM FAT AND ANOTHER v. CHAN FOK KEI AND OTHERS

    Citation
    TANG TIM FAT AND ANOTHER v. CHAN FOK KEI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA7338/1989

    Defendants failed to prove any legal right of way for vehicular traffic: prescription, presumption of a lost modern grant and the Prescription Act 1832 do not operate to create such a right between lessees of Crown leases in Hong Kong absent fee simple proprietorial involvement; dedication to the public requires consent of the fee simple owner and cannot be presumed against lessees alone; easement of necessity for vehicular traffic was not established given the historical character of the grant. Consequently the defendants have no vehicular right of way; a pedestrian footpath easement was con…

  • 11 Jun 1985

    LAI KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING & VALUATION

    Citation
    LAI KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING & VALUATION
    Court
    Court of Appeal
    Case number
    CACV160/1984

    The Court held that rateable value must be assessed by reference to the tenement's existing physical condition and relevant factors affecting occupation at the relevant date (s.7(2) and s.7A(2)), taking into account all realistic alternative uses; terms of Crown head leases and superior leases where the Crown was immediate lessor are to be ignored for rating purposes, though statutory restrictions on use must be considered; the Lands Tribunal erred by considering Crown head lease restrictions, landlord benefit, occupants' ability to pay and intermittent use, and therefore the appeals by the C…