17 Jan 2003
DIRECTOR OF LANDS v. YIN SHUEN ENTERPRISES LTD. AND ANOTHER
- Citation
- DIRECTOR OF LANDS v. YIN SHUEN ENTERPRISES LTD. AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV2/2002
Section 12(c) of the Lands Resumption Ordinance excludes from compensation any speculative element of market price attributable to the prospect or expectancy of obtaining a modification of lease terms (hope value); compensation must be assessed according to the claimant's interest subject to lease restrictions and may not include hope value, and s.12(c) is compatible with Basic Law art.105; the cases are remitted to the Lands Tribunal for reassessment excluding unentitled speculative elements.