Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 8
  • 17 Mar 2017

    COMMISSIONER OF RATING AND VALUATION v. CLP POWER HONG KONG LTD

    Citation
    COMMISSIONER OF RATING AND VALUATION v. CLP POWER HONG KONG LTD
    Court
    Court of Final Appeal
    Case number
    FACV7/2016

    Section 8A is a deeming provision that creates, for rating purposes, a separate tenement where land/building/structure is occupied by plant; the deeming does not nullify section 8 or its relieving provision in section 8(b) but operates technically to regard occupying plant as part of a deemed tenement; items specified in section 8A(3) (eg cables, ducts, pipelines, settings and supports) are plant and are rateable where not properly characterised as machinery excluded by s8(b); on the facts the disputed items (supporting steelwork for boilers, cooling water circuits, ancillary pipework and ele…