Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Compensation under statute

Legal area

Court

7 Jun 2002

JADE CITY INTERNATIONAL LTD. v. DIRECTOR OF LANDS

Citation

JADE CITY INTERNATIONAL LTD. v. DIRECTOR OF LANDS
Court

Court of Appeal
Case number

CACV2631/2001

Section 12 must be read in its statutory context with ss3-10: the compensation scheme is linked to statutory easements created under ss6-10 and therefore 'land' in s12 is confined to land identified in the relevant orders/Gazette (servient tenements); consequential and purposive interpretative principles support limiting compensation to owners of those servient tenements; appeal allowed.
13 Jun 2000

WONG WAN LEUNG AND OTHERS v. FU SAU PAN

Citation

WONG WAN LEUNG AND OTHERS v. FU SAU PAN
Court

Court of Appeal
Case number

CACV107/2000

The court held that because no forfeiture had been perfected before the expiry date, the sub-lease was subsisting on 7 November 1999 and therefore, by operation of Cap.488 s.5(2) and s.6(2), was converted into a direct Government lease and the Tong's deemed Government lease was surrendered; consequently no order for possession or forfeiture against the defendant could now be made in these proceedings and the claim for possession must be struck out, leaving only arrears to be dealt with in the Small Claims Tribunal and any compensation claim to be pursued against the Government in the statutor…