Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rent regulations

  • 29 Mar 1999

    AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

    Citation
    AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDGA22/1998

    The Tribunal held that (1) rateable value for government rent must be understood in its quantum sense and is to be ascertained applying the same valuation principles as under the Rating Ordinance, but for rent assessment the requirement of rateable occupation is to be disregarded so that development sites may be valued for rent even if not assessable for rates; (2) s.2 of the Rent Regulations is not ultra vires and is to be read as empowering the Commissioner to value development sites 'as if' assessable while not altering established valuation principles or prescribing the contractor's test…

  • 29 Mar 1999

    AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

    Citation
    AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDGA32/1998

    Section 2 of the Rent Regulations is valid to make development sites liable for government rent and does not itself change the quantum principles of valuation; the rateable value for rent is to be understood in its quantum sense and the rule of rebus sic stantibus applies subject to disregarding rateable occupation for rent purposes; contractor's test is not prescribed as the sole method; developers' present intention to develop is irrelevant to valuation; sections 4 and 5 of the Rent Regulations are ultra vires and void to the extent that they adopt the "last ascertained rateable value" as t…