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…