Read the full judgment text of LDMR 000005/1995 on BabelCite. This LDMR judgment was delivered on 20 July 1995 before His Honour Judge Cruden, Presiding Officer.
Property law – Foreshore and Sea-bed (Reclamations) Ordinance, Cap 127 – alleged destruction of oyster beds by reclamation of land at Black Point, Tuen Mun – application by five oyster farmers to enlarge time for delivery of written claim for $3.5 million compensation to the Director of Lands – whether Lands Tribunal has power to enlarge time – if so whether applicants had established good cause for the discretion to enlarge time to be exercised in their favour – observations on mariculture ex-gratia payments – s.10(2)(d) Lands Tribunal Ordinance – s.12(2) FS(R)O time limit – power to extend time for delivery of prior claims to the Director for good cause – Tai Tung Industrial Equipment Ltd v. Director of Lands Civil Appeal No.43/95 (18.5.95) distinguished on ground that Court of Appeal not referred to s.10(2)(d) – applicants had abandoned oyster farming at Yung Long from 1982-1983 due to pollution and had not visited locality since 1985 – no personal service of s.9(1) notice required as none of applicants had objected to the s.5 proposal – Director had fully complied with notice requirements of s.9 – first informal notification 8 months after time expired and first quantification 18 months after – reliance on two local elders to relay information not good cause – held: Tribunal has power under s.10(2)(d) LTO to enlarge the s.12(2) FS(R)O time limit for good cause – but applicants failed to establish good cause – enlargement refused – summoning dismissed with no order as to costs – observations that claimants under s.12(1) must have a legal interest, right or easement in or over the foreshore or sea-bed reclaimed – observations that compensation for injurious affection may be limited where claimant does not own adjacent land and is merely holder of a right in gross – easements in gross unknown to common law and do not exist in Hong Kong – ex-gratia mariculture payments are voluntary and outside Tribunal's jurisdiction.
Legal issues: Tribunal's power to enlarge s.12(2) FS(R)O time limit for delivery of claims to Director · Whether applicants established good cause for enlargement of time
Outcome: Summons for enlargement of time dismissed; no order as to costs.