Hong Kong Case Law: Decisions & Judgments

Topic

Valuation assumptions

Legal area

Court

16 Oct 2017

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

Citation

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD
Court

Court of Final Appeal
Case number

FACV7/2017

The court held that 'godown purposes' in the grant does not extend to open mid-stream storage (a godown implies a building); and for the after valuation under s12 the correct approach is to assume at the valuation date that the reclamation (the cause of loss of marine rights) was certain to proceed, so the Tribunal was entitled to make the after valuation on that basis (approach b).
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

LDGA43/1998

The Tribunal held that development sites are liable to be assessed for government rent and the Commissioner may ascertain rateable value in the quantum sense applying the principles of rating law but disregarding the requirement of rateable occupation; the contractor's test is a permissible method but not the sole test; s.2 of the Rent Regulations is not ultra vires and does not displace valuation principles in quantum; however ss.4 and 5 of the Rent Regulations, insofar as they adopt the 'last ascertained rateable value' as the basis for redevelopment sites, are ultra vires and void and inco…
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

LDGA44/1998

Section 2 of the Rent Regulations must be interpreted to permit the Commissioner to ascertain a rateable value in the quantum sense applying the same valuation principles as the Rating Ordinance but disregarding liability for rates (i.e. ratability); the contractor's test is not the sole permissible method; the appellants' intention to develop is irrelevant to valuation; however ss.4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the aggregate of 'last ascertained rateable values' as the basis for rateable value for government rent because s.34 does not empowe…
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

LDGA52/1998

Rateable value for government rent must be ascertained in its quantum sense applying rating valuation principles (ss7/7A and common law) but disregarding the question of rateable occupation; the contractor's test may be used where direct evidence lacking but is not the sole permissible method; the intention of developers to redevelop is irrelevant to valuation; s2 of the Rent Regulations and the Rent Ordinance provisions (s2, s6, s8, s34) are validly construed to permit assessment irrespective of ratability, but sections 4 and 5 of the Rent Regulations are ultra vires and contrary to Basic La…
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

LDGA103/1998

The Tribunal held that rateable value for government rent must be ascertained in its quantum sense applying the principles of rating law but without regard to the requirement of rateable occupation (i.e. sites can be assessed for rent even if not liable for rates); the contractor's test is an admissible valuation method but not the sole permissible method; the developer's present intention to develop is irrelevant to the hypothetical year‑to‑year tenancy valuation; section 2 of the Rent Regulations is valid to the extent it enables ascertainment of rateable value notwithstanding non‑ratabilit…
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

LDGA92/1998

Held that rateable value for government rent must be ascertained in the quantum sense applying the same valuation principles as under the Rating Ordinance except that ratability (rateable occupation) is irrelevant for government rent assessment; the contractor's test is an admissible method but not the sole method; s.2 of the Rent Regulations is not ultra vires and must be read so as to permit valuation of development sites notwithstanding lack of rateable occupation, but ss.4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value'…
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

LDGA45/1998

The Tribunal held that 'rateable value' for government rent must be understood in its quantum sense and ordinarily ascertained by applying the same valuation principles applicable under the Rating Ordinance, but with the statutory assumption that lack of rateable occupation does not preclude assessment for rent; the contractor's test is a permissible but not exclusive method; the current intention of a developer to undertake future development is irrelevant to the annual hypothetical tenancy valuation; Rent Regulations s.2 is not ultra vires and should be construed to permit ascertainment of…

Hong Kong Case Law

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

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

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

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

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

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

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