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LDCS 1000/2020
[2022] HKLdT 69
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
LAND COMPULSORY SALE MAIN APPLICATION NO 1000 OF 2020
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BETWEEN
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ABLE WIDE CORPORATION LIMITED
(廣能有限公司) |
1st Applicant |
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TOP SMART INDUSTRIAL (HK) LIMITED
(高俊實業(香港)有限公司) |
2nd Applicant |
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ABLE LUCK DEVELOPMENT LIMITED
(加福發展有限公司) |
3rd Applicant |
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SKY HUGE DEVELOPMENT LIMITED
(廣天發展有限公司) |
4th Applicant |
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MANWAY CORPORATION LIMITED
(文威有限公司) |
5th Applicant |
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HIGH SMART INDUSTRIAL LIMITED
(領駿實業有限公司) |
6th Applicant |
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JOYSON INTERNATIONAL COMPANY LIMITED
(駿誠國際有限公司) |
7th Applicant |
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CHANDER DEVELOPMENT COMPANY LIMITED
(創得發展有限公司) |
8th Applicant |
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NICE EXPRESS DEVELOPMENT LIMITED
(益通發展有限公司) |
9th Applicant |
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CHINA BEST CORPORATION LIMITED |
10th Applicant |
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and |
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BRIGHT CITY INTERNATIONAL LIMITED
(澤城國際有限公司) |
1st Respondent
(Discontinued) |
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THE INCORPORATED OWNERS OF GOOD
YEAR INDUSTRIAL BUILDING |
2nd Respondent |
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TOPRISE INTERNATIONAL INVESTMENT ENTERPRISE LIMTED
(卓陞國際投資企業有限公司) |
3rd Respondent
(Discontinued) |
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MAKHARIA ALKA |
4th Respondent |
_________________
Before:
Deputy District Judge Roy Yu,
Presiding Officer of the Lands Tribunal and Mr Lawrence
Pang, Member of the Lands Tribunal
Dates of Trial: 11 – 15 July 2022 and 18 –19 July 2022
Date of Joint Inspection: 12 July 2022
Date of Closing Submission: 15 September 2022
Date of Judgment: 23 December 2022
Date of Corrigenda: 10 January 2023
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CORRIGENDUM
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1. On page 25, paragraph 58: “adopt $2,450,000” to be replaced by “adopt $24,500,000”;
2. On page 29, paragraph 74: “market value of the Lot at $1,128,000,000(i.e. an accommodation value of $80,120 per sq m)” to be replaced by “market value of the Lot at $1,108,000,000(i.e. an accommodation value of $78,700 per sq m)”;
3. On Page 52, (d)(ii): “reserve price be set at $1,128,000,000” to be replaced by “reserve price be set at $1,108,000,000”
4. On page one, name of the 6th Applicant should be “HIGH SMART INDUSTRIAL LIMITED領駿實業有限公司”, and
5. Revised appendix on page 54 as follow:
Appendix
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Residual Valuation |
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Gross Development Value |
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4/F-18/F & 21/F-38/F Workshops |
9,789.993 |
m2 |
x |
$245,000 |
/ m2 |
= |
$2,398,548,285 |
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5/F Flat Roof |
53.910 |
m2 |
x |
$36,000 |
/ m2 |
= |
$1,940,760 |
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Private Car Parking Space |
13 |
Nos |
x |
$2,160,000 |
each |
= |
$28,080,000 |
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Private Car Parking Space (Double Deck) |
11 |
Nos |
x |
$1,510,000 |
each |
= |
$16,610,000 |
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Light Goods Vehicle Parking Space |
7 |
Nos |
x |
$3,260,000 |
each |
= |
$22,820,000 |
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Heavy Goods Vehicle Parking Space |
4 |
Nos |
x |
$4,100,000 |
each |
= |
$16,400,000 |
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Motorcycle Parking Space |
3 |
Nos |
x |
$140,000 |
each |
= |
$420,000 |
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$2,484,819,045 |
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Less Marketing Costs |
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@ |
3% |
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0.97 |
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$2,410,274,474 |
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Present Value in |
3 |
years |
@ |
4.5% |
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0.8763 |
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$2,112,123,522 |
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Development Costs |
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Demolition Cost |
10,182.57 |
m2 |
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= |
$24,500,000 |
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Professional Fee |
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@ |
6% |
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1.06 |
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Developer's Profit |
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@ |
20% |
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1.20 |
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$31,164,000 |
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Present Value in |
0.375 |
year |
@ |
4.5% |
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0.9836 |
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$30,652,910 |
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Construction Costs |
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$468,687,778 |
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Professional Fee |
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@ |
6% |
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1.06 |
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Developer's Profit |
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@ |
20% |
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1.20 |
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$596,170,854 |
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Present Value in |
1.875 |
years |
@ |
4.5% |
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0.9208 |
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$548,954,122 |
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$1,532,516,490 |
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Stamp Duty |
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@ |
4.25% |
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Legal Cost |
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@ |
0.2% |
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Developer's Profit |
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@ |
20% |
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÷ |
1.2445 |
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Full Market Value |
$1,231,431,491 |
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Premium payable for User Relaxation |
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10% |
$123,143,149 |
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$1,108,288,342 |
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say |
$1,108,000,000 |
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Accommodation Value |
$78,699 |
/ m2 |
Dated: 10 January 2023
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(YEUNG Fung-yan)
Clerk to Member Lawrence PANG, Lands Tribunal
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