Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Redevelopment possession order

  • 23 Jul 1983

    SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

    Citation
    SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDNT11/1983

    The Tribunal held that s.53A(4)(a) prescribes only a minimum compensation by reference to multiples of rateable value; reasonable compensation must be assessed by the tenant's actual loss measured as the value of the tenant's expected future use of the protected tenancy (capitalised profit rent over an appropriate period) plus a reasonable allowance for disturbance; past occupation or sentimental value is not a monetary measure of compensation; apportionment between principal and sub-tenants is required so that total does not exceed the tenant's interest value.

  • 23 Jul 1983

    SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

    Citation
    SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDNT7/1983

    The Tribunal held that the statutory rateable-value-based formula in s53A(4)(a) establishes only a minimum compensation; reasonable compensation must be assessed as the tenant's actual loss from accelerated loss of expected future use of the protected tenancy (capitalised profit-rent over the relevant period) plus disturbance; past occupation or sentimental value is not a proper measure; sub-tenants are entitled to an apportioned share of the tenant's compensation but apportionment does not constrain valuation method.