2 Aug 2023
YIELD-THE-BEST LTD v. SECRETARY FOR TRANSPORT AND HOUSING
- Citation
- [2023] HKLdT 44
- Court
- Lands Tribunal
- Case number
- LDMR1/2021
The Tribunal held that s.12(b) and s.12(c) of the Lands Resumption Ordinance apply to resumptions under the Roads Ordinance by virtue of the Schedule and therefore the value of temporary or non-conforming structures must be disregarded for assessment of market value; paragraph 5 of the Schedule to the Roads Ordinance is supplementary and does not override s.12(b) but permits a discretionary reduction (eg for demolition costs) and cannot be construed to require inclusion of unlawful building-value; there was no abandonment or waiver of the restrictive covenants on the facts; the resumed land m…