Hong Kong Case Law: Decisions & Judgments

Topic

Dedicated customer substations

Legal area

Court

9 Apr 2015

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA366/2004

The tribunal held as a matter of law and fact that (1) ss 8 and 8A address different subject matters so items falling within s8A(3) are rateable plant and are not re-characterised as non-rateable machinery under s8(b); (2) the DCS issue was not a live ground for leave because CLP succeeded overall on that issue and paramountcy is a question of fact; (3) the Black Point deferral premium was a one-off previously funded item not to be treated as an HT expense for 2004/05 under the valuation reality assumptions; (4) the tribunal's asset-split global approach adequately accounted for interest, rew…
3 Jan 2014

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA241/2004

The Tribunal held that Ms Jim's method of interpolating from CLP's 2004 accounts to derive exact per-customer growth rates was impermissible hindsight and rejected that approach; it adopted Mr Davis' Original Method (use of accounts to 31 Dec 2003 combined with customer numbers at 1 Apr 2004) to reflect physical and economic state; HT's AUC and CS are included in HT asset base (HL's AUC/CS are excluded); wayleaves, pole sites and DCS need not be separately included in the HL asset base because their contribution is captured in the divisible balance; the appropriate decapitalisation/capitalisa…
3 Jan 2014

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA366/2004

The Tribunal prohibited interpolation using full post-List Date (2004) accounts as a method to derive exact growth rates for projection at the valuation date and adopted Mr Davis's Original Method to reflect physical and economic state at the List Date; asset-split reference is to SOC register subject to legal qualifications (exclude non-capable-for-occupation assets from RA; contributions of non-registered assets captured in DB); HL's non-rateable AUC and CS are to be excluded from HL asset base but tenant's AUC/CS may remain in HT asset base; wayleaves, pole sites and DCS need not be separa…
3 Jan 2014

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA367/2004

The Tribunal held that interpolation from CLP's actual 2004 accounts to derive economic growth as at the AVD was impermissible hindsight and not preferred; it adopted Mr Davis' Original Method (using accounts to 31 Dec 2003 with per‑customer adjustment for physical growth to 1 Apr 2004) for R&E projections; HT AUC and CS remain in HT asset base while HL AUC/CS are excluded; wayleaves, pole sites and DCS need not be separately included in the HL asset base for asset split because their effect is captured in the DB; where capitalisation is required the decapitalisation rate adopted is 12.35%; C…
3 Jan 2014

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA368/2004

The Tribunal held that using CLP's 2004 accounts to derive exact rates of change for the R&E valuation amounted to impermissible hindsight and must be rejected; it adopted Mr Davis's Original Method (accounts to 31 December 2003 plus customer numbers at 1 April 2004) to reflect physical and economic state; AUC and CS are to be deducted from the landlord's asset base but not from the tenant's asset base; wayleaves, pole sites and DCS need not be separately included in the landlord's asset base for the asset split because their contribution is captured in the divisible balance; where capitalisa…
3 Jan 2014

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA369/2004

Tribunal holds that use of full post‑List‑Date (calendar 2004) accounts as employed by CRV/Ms Jim to interpolate per‑customer profitability for valuation at AVD is impermissible; adopt Mr Davis' Original Method to reflect physical and economic state at List Date; HT's AUC and capital stores may be included in HT asset base while HL's AUC/CS are excluded; wayleaves, pole sites and DCS need not be separately included in HL asset base for the asset split because their contributions are captured in the divisible balance, but if separately valued they must be capitalised using the tribunal's decap…

Hong Kong Case Law

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION