Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rating law
  • 29 Mar 1999

    AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

    Citation
    AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDGA104/1998

    The Tribunal held that the Commissioner is empowered to ascertain rateable value for government rent in its quantum sense applying valuation principles of the Rating Ordinance but disregarding the requirement of rateable occupation (i.e. ratability is irrelevant for rent assessment); the contractor's test is a permissible but not exclusive method; the developer's present intention to develop is irrelevant; ss.4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value' for demolished buildings and thus conflict with Article 121; s.2 o…