Well Honour Development Limited (安鴻發展有限公司) v. The Director of Lands of Lands Department Headquarters

FAMV No. 48 of 2026

[2026] HKCFA 23

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 48 OF 2026 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 412 OF 2024)

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DETERMINATION

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The Appeal Committee:

1.We are satisfied that leave to appeal should be granted in the present case.  However, we consider that the issues arising are not properly reflected in the questions and “or otherwise” grounds formulated by the applicant. 

2.In their place, we grant leave in respect of the following questions, being questions of law of the requisite importance involved in the appeal, namely:

(a)     Who is entitled to claim compensation in respect of a resumption of land under the Lands Resumption Ordinance (Cap 124) (“LRO”)? [Question 1]

(b)     Is an entitlement to such compensation dependent upon the applicability of section 6 and/or section 8 of the LRO? [Question 2]

(c)     Is an entitlement to compensation assignable? [Question 3]

(d)     Where entitlement to compensation is disputed, must the question of entitlement be determined by the Lands Tribunal rather than some other court, at least in the first instance? [Question 4]

3.The appeal will be listed for hearing on 13 November 2026.

Mr Felix H.Y. Tang, instructed by K. Y. Woo & Co. LLP, for the Applicant

Ms Frances Lok SC, instructed by the Department of Justice, Mr Alvin Hor, Senior Government Counsel (Ag.) and Ms Nova Tang, Government Counsel, of the Department of Justice, for the Respondent