Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Disturbance

  • 25 Nov 1983

    LEE CHUN v. DIRECTOR OF LANDS

    Citation
    LEE CHUN v. DIRECTOR OF LANDS
    Court
    Lands Tribunal
    Case number
    LDLR9/1983

    Where credible actual figures of loss exist they must be preferred to departmental average rates; leasehold interest is valued by capitalising net annual income as at resumption date; disturbance losses are compensable when incurred and may be assessed for subsequent years; capital expenditure in excavated ponds is not separately recoverable from lessee when the leasehold valuation already compensates expected future income; Crown Land occupation not described in Gazette is outside Tribunal's compensation jurisdiction.

  • 23 Jul 1983

    SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

    Citation
    SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDLA13/1983

    The Tribunal held that the statutory formula based on rateable value applies only to minimum compensation; reasonable compensation must be the equivalent of the tenant's actual loss measured by the value of the tenant's expected future use of the premises (tenant's particular interest) plus reasonable disturbance costs; past occupation or sentimental attachment is not a monetisable measure of compensation; apportionment between principal tenant and sub‑tenant must reflect their respective interests.