17 Jan 2003
DIRECTOR OF LANDS v. YIN SHUEN ENTERPRISES LTD. AND ANOTHER
- Citation
- DIRECTOR OF LANDS v. YIN SHUEN ENTERPRISES LTD. AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV3/2002
Section 12(c) must be read to exclude from compensation any speculative 'hope value' attributable to the expectancy or probability of obtaining grants, permissions, leases or permits that would permit development beyond the claimant's lawful interest under the lease; compensation therefore is limited to the claimant's interest under the lease (its real value absent speculative overage) and s.12(c) is consistent with Basic Law art.105; accordingly the Court allowed the appeal, discharged the assessments and remitted the matters for reassessment excluding speculative elements where applicable.