Hong Kong Case Law: Decisions & Judgments

Topic

Holding over orders

Legal area

Court

4 Mar 2008

MTR CORPORATION LTD v. THE COMMISSIONER OF RATING AND VALUATION

Citation

MTR CORPORATION LTD v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of Appeal
Case number

CACV408/2006

Section 46 of the Interpretation and General Clauses Ordinance applied because the Rent Ordinance did not disclose a clear contrary intention; section 29's drafting defects did not amount to a statutory exclusion of the general power to withdraw or amend orders, so the Commissioner had the power to withdraw holding over orders and the Court of Appeal allowed the appeal, setting aside the High Court order quashing the withdrawal.
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL83/2005

The Rent Ordinance s.29 constitutes a self-contained statutory regime governing holding over of government rent; s.46 of the Interpretation Ordinance does not confer a broader power to withdraw holding over orders made under s.29 and any setting aside of such orders before final determination is limited to the grounds specified in s.29 (notably s.29(5)); where the Commissioner honestly forms an opinion within those statutory parameters (e.g. unreasonable delay or likely irrecoverability) the court will not interfere unless the decision is perverse or outside the scope of reasonable judgment.
6 Oct 2006

MTR CORPORATION LTD v. THE COMMISSIONER OF RATING AND VALUATION

Citation

MTR CORPORATION LTD v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL96/2005

The Rent Ordinance s.29 creates a self-contained, certain regime governing holding over orders; absent express contrary intention in that Ordinance, s.46 of the Interpretation Ordinance does not give the Commissioner a general power to withdraw holding over orders made under s.29. A holding over order ordinarily endures until final determination of the statutory dispute process and may only be cancelled before that time on the specific grounds contained in s.29(5). Where the Commissioner cancelled orders under s.29(5) for unreasonable delay or risk of irrecoverability he may act within his st…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL92/2005

S.29 of the Rent Ordinance constitutes a self-contained scheme governing holding over of disputed government rent; the Commissioner had no broader power under s.46 of the Interpretation Ordinance to withdraw holding over orders at will because that would undermine the statutory regime and render s.29(5) otiose; cancellations before final determination are limited to grounds in s.29(5) (irrecoverability or unreasonable delay). Where s.29(5) applies (honest opinion reasonably open to Commissioner) cancellation is lawful; Commissioner’s abuse of process reasoning re Best Origin was within his st…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL150/2005

S.29 of the Rent Ordinance constitutes a self-contained statutory regime governing holding over of government rent and the limited grounds for cancellation in s.29(5) preclude invocation of the general power in s.46 of the Interpretation Ordinance to withdraw holding over orders; the Commissioner therefore acted ultra vires in purporting to withdraw existing holding over orders under s.46. Separately, where the Commissioner properly acted under s.29(5) to cancel orders for unreasonable delay or likelihood of irrecoverability and did so rationally and in good faith (including reliance on legal…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL90/2005

The Rent Ordinance s.29 constitutes a self-contained, certain and predictable regime governing holding over of government rent; s.46 Interpretation Ordinance does not confer upon the Commissioner a general power to withdraw holding over orders made under s.29 because that would undermine the statutory scheme and render s.29(5) otiose. Accordingly the Commissioner acted ultra vires in purporting to withdraw holding over orders under s.46. Separately, where the Commissioner cancelled orders under the specific statutory power in s.29(5) on grounds of unreasonable delay or risk of irrecoverabilit…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL85/2005

The Rent Ordinance s.29 creates a self‑contained regime for holding over disputed government rent; the Commissioner did not have a broader power under s.46 to withdraw holding over orders generally before final determination except insofar as s.29(5) expressly permits cancellation for specified reasons. The Commissioner acted lawfully in cancelling certain orders under s.29(5) for abuse/unreasonable delay but acted ultra vires in purporting to withdraw holding over orders under s.46 in respect of those appellants (Turbo Top, MTR, Chest Gain) where no s.29(5) cancellation was invoked; refusals…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL88/2005

The court held that s.29 of the Rent Ordinance constitutes a self-contained, certain and predictable regime governing holding over orders; the Commissioner had no broader power under s.46 to withdraw holding over orders once granted except as expressly permitted by s.29(5). Where cancellation under s.29(5) is relied upon the Commissioners opinion must be honest and rational but is entitled substantial deference; his exercise of discretion in finding abuse of process and refusing further orders was within the parameters of lawful administrative judgment in the facts of these consolidated case…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL84/2005

The Court held that s.29 of the Rent Ordinance constitutes a self‑contained regime: the Commissioner did not possess a broader power under s.46 to withdraw holding over orders once granted; withdrawal under s.46 was ultra vires. The Commissioner may only cancel holding over orders before final determination under the specific grounds in s.29(5). Where the Commissioner validly cancelled orders under s.29(5) for unreasonable delay (as to parties associated with Best Origin) that exercise was within his discretion; refusals to grant further holding over orders were not Wednesbury unreasonable in…
6 Oct 2006

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION

Citation

BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
Court

Court of First Instance
Case number

HCAL89/2005

S.29 of the Rent Ordinance creates a self-contained, certain regime governing holding over orders such that the Commissioner did not have a broader power under s.46 of the Interpretation Ordinance to withdraw holding over orders at will; cancellation before final determination is limited to grounds in s.29(5). The Commissioner acted lawfully in cancelling certain orders under s.29(5) for unreasonable delay/abuse of process where his opinion was reasonably open to him; however the Commissioner acted ultra vires in purporting to withdraw existing holding over orders under s.46 in respect of som…