Hong Kong Case Law: Decisions & Judgments

Topic

Repossession for redevelopment

Legal area

Court

23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA19/1983

The Tribunal held that the statutory rateable‑value formula in Section 53A(4)(a) prescribes only a minimum compensation; reasonable compensation must be assessed as the tenant's actual loss measured by the value of the tenant's expected future use (the tenant's particular interest in the property) plus an allowance for disturbance, and past occupation or sentimental attachment is not a proper component of monetary compensation.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA6/1983

The Tribunal found the buildings are post‑war and within Part II, the redevelopment scheme (with Building Authority approved plans) is in the public interest, and the applicant has genuine intention and sufficient financial means; accordingly repossession was ordered under s.53(2)(c) subject to specified conditions (plans lodged, commencement and completion timelines, minimum building cost, restrictions on assignment/solicitation until Occupation Permit issued, and compensation arrangements for tenants).
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA20/1983

Repossession granted because the premises were within Part II, the applicant demonstrated a genuine intention to redevelop, had approved plans and sufficient funding and the redevelopment was in the public interest under s53A(1); repossession is conditional on specified safeguards including approved plans, commencement and completion timelines, minimum building expenditure, restriction on disposal until occupation permit, and payment of compensation to tenants.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA12/1983

The Tribunal found the premises were post-war buildings within Part II, the redevelopment scheme had Building Authority approval and was conducive to the public interest, and the applicant demonstrated genuine intention and sufficient financial means; accordingly repossession was granted subject to specified conditions including approved plans, commencement and completion timelines, minimum building expenditure, restrictions on assignment and solicitation until completion and occupation permit, and payment/determination of compensation to tenants.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA18/1983

The Tribunal found Part II applicable, accepted the applicant's evidence of bona fide redevelopment intention, Building Authority approval, and sufficient funding (including shareholder advances and bank loan), and held the redevelopment scheme is conducive to the public interest; accordingly repossession under s.53(2)(c) was granted subject to specified conditions restricting assignment/pre‑sale until completion and occupation permit and requiring specified timelines, minimum building cost and payment of compensation to tenants.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA15/1983

The Tribunal found the premises to be post-war and subject to Part II, accepted the redevelopment scheme as conducive to the public interest and the applicant's genuine intention and sufficient financing, and therefore granted the repossession order under s53(2)(c) subject to specific conditions protecting public interest and tenants (plans lodged, commencement and completion timelines, minimum building expenditure, restrictions on assignment/solicitation until Occupation Permit, and compensation arrangements).
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA8/1983

The Tribunal found the premises fell within Part II, the applicant demonstrated a genuine intention to redevelop, had Building Authority approval and sufficient funds (including shareholder advances and bank loan) and the scheme was conducive to public interest; accordingly repossession was ordered subject to specified conditions including lodging plans, commencement and completion deadlines, minimum building expenditure, restrictions on disposition until completion and payment of compensation to tenants.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA21/1983

The Tribunal found the premises are post‑war and within Part II, the redevelopment scheme was approved by the Building Authority and found conducive to the public interest, and the applicant demonstrated sufficient financial means; accordingly repossession was granted subject to specified conditions (plans lodged, commencement and completion deadlines, minimum building costs, restrictions on disposal until Occupation Permit, and payment of compensation).
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA17/1983

Repossession was granted because the premises are post‑war buildings under Part II, the redevelopment scheme has Building Authority approval and meets the public interest under s53A(1), and the applicant demonstrated genuine intention and adequate financing; accordingly the Tribunal ordered repossession subject to specific conditions restricting assignment/solicitation until completion and occupation permit, and subject to tenant compensation provisions.