Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Valuation and rateable value

Legal area

Court

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

HCAL91/2005

The Rent Ordinance s.29 establishes a self‑contained, predictable regime for holding over government rent pending determination of disputes; the Commissioner did not have a wider power under s.46 to withdraw holding over orders granted under s.29 and acting under s.46 to withdraw such orders was ultra vires. The Commissioner may however cancel holding over orders only under the grounds specified in s.29(5) (likely irrecoverability or unreasonable delay). Where the Commissioner lawfully applied s.29(5) (eg abuse of process/unreasonable delay in Best Origin) those cancellations stand; refusals…
10 Sept 1974

THE HONGKONG LAND CO LTD AND OTHERS v. RICHARD EDWIN AUSTIN MASON

Citation

THE HONGKONG LAND CO LTD AND OTHERS v. RICHARD EDWIN AUSTIN MASON
Court

District Court
Case number

DCCJ4/1974

The Court held that the burden was on the Appellants to prove the Tribunal's decision was wrong and, on the evidence before it, the Appellants failed to discharge that burden because key statutory inputs (the fair market rent determined on a hypothetical tenancy disregarding Part II and the rateable value) were not established; accordingly the Tribunal's confirmation of the increase was upheld.