Hong Kong Case Law: Decisions & Judgments

Topic

Government rent (assessment and collection) ordinance s.29

Legal area

Court

6 Oct 2006

SUPER LION ENTERPRISES LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

SUPER LION ENTERPRISES LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL71/2005

The court held that s.29 of the Rent Ordinance establishes a self-contained, certain regime governing holding over and cancellation; the general power in s.46 of the Interpretation Ordinance cannot be read to give the Commissioner broader power to withdraw holding over orders at will because that would undermine the specific cancellation mechanism in s.29(5). Accordingly the Commissioner acted ultra vires in purporting to withdraw (under s.46) holding over orders for some applicants; however cancellation under s.29(5) for unreasonable delay/abuse of process was within the Commissioner's opini…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL87/2005

S.29 of the Rent Ordinance creates a self‑contained, predictable regime governing holding over orders; the Commissioner had no broader power under s.46 to withdraw such orders at will and could cancel or make fresh orders only on the limited grounds in s.29(5); where Commissioner properly applied s.29(5) to find unreasonable delay or risk of irrecoverability his cancellations stood, but purported withdrawals under s.46 were ultra vires and quashed in appropriate cases; refusals to grant new orders were not unreasonable where Commissioner reasonably concluded insufficient justification.

Hong Kong Case Law

SUPER LION ENTERPRISES LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION