Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory acquisition/resumption

Legal area

Court

6 Jun 1997

TSANG KAM LAN v. YOOK TONG ESTATES LTD.

Citation

TSANG KAM LAN v. YOOK TONG ESTATES LTD.
Court

Court of First Instance
Case number

HCMP325/1997

The Secretary lawfully exercised discretion after obtaining and considering independent expert advice; his recommendation was not Wednesbury‑unreasonable or procedurally flawed, the court will not compel him to offer a joint development (marriage) value, and valuation disputes are for the Lands Tribunal; accordingly the judicial review application is dismissed.
26 Sept 1996

FOK LAI YING v. GOVERNOR IN COUNCIL and Others

Citation

FOK LAI YING v. GOVERNOR IN COUNCIL and Others
Court

Court of First Instance
Case number

HCMP940/1996

The duty to act fairly in administrative decisions affecting property requires prior notice and an opportunity to make representations unless the statute clearly and expressly excludes that duty; the Crown Land Resumption Ordinance contains no clear and express exclusion and therefore the resumption affecting the applicant was procedurally unfair and is null and void as regards the applicant.
29 Jun 1992

SHUN FUNG IRONWORKS LTD v. DIRECTOR OF BUILDINGS AND LANDS (VOLUME III)

Citation

SHUN FUNG IRONWORKS LTD v. DIRECTOR OF BUILDINGS AND LANDS (VOLUME III)
Court

Lands Tribunal
Case number

LDLR18/1987

Relocation claim dismissed as speculative; valuation must be fixed to the statutory date with limited hindsight; plant and machinery valued by depreciated replacement cost with realistic allowance for obsolescence and remaining life; stock, land and buildings valued by reference to agreed and analysed comparables and depreciated replacement cost; C.A.P.M. and P/E approaches examined and judged of limited or no utility in this case for a lone private company; adopted judgmental capitalisation/discounting approach to reach a fair market-based figure and awarded HK$131,030,728 on the extinguishm…

Hong Kong Case Law

TSANG KAM LAN v. YOOK TONG ESTATES LTD.

FOK LAI YING v. GOVERNOR IN COUNCIL and Others

SHUN FUNG IRONWORKS LTD v. DIRECTOR OF BUILDINGS AND LANDS (VOLUME III)