Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 12 lro

  • 31 May 2019

    LEE CHONG YIP v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 38
    Court
    Lands Tribunal
    Case number
    LDLR7/2016

    The applications for extension of time and leave to appeal were dismissed because the tribunal found the 36‑day delay from deadline substantial and inexcusable, requiring the applicants to show a real prospect of success which they failed to establish; materially, under section 12(c) LRO no account could be taken of the prospect of obtaining building licences or lease modifications where none were granted at the resumption date, and the asserted ding rights did not convert governmental discretion or judicial‑reviewable refusals into enforceable 'as of right' entitlements; substitution of the…

  • 23 Jan 2019

    CHENG KAM v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 6
    Court
    Lands Tribunal
    Case number
    LDLR12/2016

    The Tribunal held that (1) applicants failed to prove vehicular access as at the resumption date; (2) the Block Government Lease covenant operates as a restriction relevant to user so prospects of obtaining building licences or lease modification fall within s.12(c) LRO and must be disregarded; and (3) consequently the best use is open storage with pedestrian access only and compensation is to be assessed on that basis using the respondent's comparables and adjustments, producing the award set out in the judgment.