Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Foreshore and sea-bed

  • 16 May 2016

    PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS

    Citation
    PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
    Court
    Court of Appeal
    Case number
    CACV120/2015

    Court of Appeal held that the CFA formula (difference between open market value with and without marine rights at authorization date) must be applied using the same set of market expectations and the same assessment of uncertainty for both valuations; the Tribunal erred in treating the legal fiction that reclamation was completed as altering evidential risk/deferral; Tribunal wrongly treated open mid‑stream container storage as a 'godown' (which requires a warehouse/building); adjustments must be made to the Before valuation for sub‑tenancy and demolition errors and remaining valuation questi…

  • 20 Jul 1995

    CHAN SIK-CHEUNG and Others v. DIRECTOR OF LANDS

    Citation
    CHAN SIK-CHEUNG and Others v. DIRECTOR OF LANDS
    Court
    Lands Tribunal
    Case number
    LDMR5/1995

    The Tribunal holds that it has the discretionary power under s.10(2)(d) of the Lands Tribunal Ordinance to enlarge statutory time limits for giving notices under the FS(R)O for 'good cause', but the applicants failed to establish good cause on the facts (late awareness, long cessation of oyster farming, failure to quantify claim within the statutory period), and accordingly the discretion to enlarge time is refused; additionally, applicants lacked the requisite legal interest/right/easement under s.12(1) and likely would not have qualified to claim.