Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Review under section 59

Legal area

Court

18 Oct 1983

HONGKONG BANK TRUSTEE LTD v. CHANG CHI FAN

Citation

HONGKONG BANK TRUSTEE LTD v. CHANG CHI FAN
Court

Lands Tribunal
Case number

LDLA14/1983

Because the amendment taking effect 10 June 1983 makes the date of valuation the date the Commissioner issues his certificate, the Tribunal assessed prevailing market rent as at 10 February 1983 and, on available evidence including early‑1983 rents, found the correct increase was $314 per month; appeal dismissed.
13 Sept 1983

LEE YU FONG v. CHEUNG WING MING

Citation

LEE YU FONG v. CHEUNG WING MING
Court

Lands Tribunal
Case number

LDLA15/1983

The Tribunal held the proper valuation date is the date of the Commissioner's certificate (21 Oct 1982) under the amended Section 49; the Commissioner erred in principally relying on averaging and insufficient comparable analysis; on analysed evidence the prevailing market rent was fixed at HKD 1,750 per month exclusive of rates as at 21 Oct 1982 and applying Section 58 produced a permitted increase of HKD 233, reducing the certified increase from HKD 385 to HKD 233.