Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deeming provision (s.2 rent regulation)
  • 21 Dec 2012

    BEST ORIGIN LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    BEST ORIGIN LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Court of Final Appeal
    Case number
    FACV21/2011

    Section 2 does not create a special regime displacing ss.7 and 7A; for Government rent purposes development sites are to be treated as rateable tenements but rateable value must be ascertained in accordance with the Rating Ordinance subject to its statutory assumptions. The intrinsic character and development potential of an active construction site are relevant under the rebus assumptions and the hypothetical yearly tenancy is to be understood as of indefinite duration for valuation purposes; applying those principles the Lands Tribunal correctly used the contractor's basis and the Court of…