Wise Grace Investment Ltd and Others v. Lui Man Dung and Others

LDCS 15000/2021

[2025] HKLdT 14

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

LAND COMPULSORY SALE MAIN APPLICATION NO 15000 OF 2021

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REVIEW DECISION

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Application

1.This is the tribunal’s decision on the application of the 1^st to 3^rd Applicants in respect of the redevelopment period.

2.The 1^st to 3^rd Applicants by solicitors letter dated 19 February 2025 seek correction to paragraph 175(5) of the judgment and decision handed down on 13 February 2025 (the “Judgment”) in respect of the redevelopment period.

3.The 3^rd Respondent by solicitor’s letter dated 27 February 2025 informed the tribunal it takes a neutral stance on the requests of the 1^st to 3^rd Applicants. The 5^th Respondent by solicitor’s letter dated 25 February 2025 informed the tribunal it adopts a neutral stance regarding the application of the 1^st to 3^rd Applicants.

Review

4.On 10 March 2024 pursuant to section 11A(1) of the Lands Tribunal Ordinance, Cap.17 the tribunal decided to review the decision and Judgment, paragraph 175(5) in respect of the redevelopment period “6” years and gave directions for the parties to lodge and serve further submissions, if any, within 7 days thereof.

5.The tribunal has decided to exercise its power of review to vary the redevelopment period to be within 7 years, instead of 6 years provided at paragraph 175(5) of the Judgment.

Reasons

6.The the Notice of Application (“the NOA”) was filed on 17 December 2021. The trial took place in July 2024 and closing submissions were lodged in August 2024. At that time the draft Particulars and Conditions of Sale submitted by the Applicants provided for a redevelopment period of 6 years.

7.Thereafter the Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024 (the “Amendment Ordinance”) came into effect on 6 December 2024 amending the Land (Compulsory Sale for Redevelopment) Ordinance (“Cap 545”). Notwithstanding that the application for the order for sale was made before the commencement of the Amendment Ordinance the following amendment is material:

(a)  Section 1(a)(ii) of Schedule 3 of Cap 545 provides that for an order for sale of 2 or more lots, the redevelopment must be completed and made for occupation “within a period which expires after 7 years after the date on which the purchaser of the lots became the owner of the lots, as specified by the Tribunal in the order for sale” (with bold emphasis added).

(b)  Section 9(2) of Cap 545 provides that “Schedule 3 as amended by the Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024 (25 of 2024) applies if the order for sale was made on or after the commencement* of that Ordinance, whether or not the application for the order was made before that commencement” (with bold emphasis added). The * denotes the commencement date of 6 December 2024.

8.The lots in the present application comprise 3 groups of adjoining but separate lots (paragraph 1 to 4 of the Judgment). Accordingly, pursuant to section 9(2) and section 1(a)(ii) of Schedule 3 of Cap 545, as the order for sale was made after 6 December 2024, the applicable redevelopment period should be 7 years after the date on which the purchaser of the lots becomes the owner of the lots.

Order for sale

9.By letter dated 17 March 2025 the Applicants’ solicitors ask that if the tribunal shall make an order varying the redevelopment period to 7 years then the order for sale in the Judgment shall only take effect following the date of the decision on the review is made for the purpose of section 5(4)(a) of Cap 545. This is because the Applicants will have to draw up and seal the order for sale in order to enable the Trustees to register the same at the Land Registry pursuant to section 76(1) of Cap 545. The Applicants will also have to re-submit and obtain the tribunal’s approval on the revised Particulars and Conditions of Sale as the redevelopment period has to be stated therein, and thereafter provide the approved Particulars and Conditions of Sale to the Trustee for the purpose of the public auction. To allow the Applicants sufficient time to do so and for the Trustees to prepare for the public auction they require the order for sale to take effect following the date of this decision. We accede to the application.

10.The order for sale in the varied Judgment shall take effect following the date of this decision for the purposes of section 5(4) of the Ordinance.

11.There shall be no order as to costs of the review.

Mayer Brown, for the applicants

Yu & Associates, for the 3^rd respondent

Ho Tse Wai & Partners, for the 5^th respondent