The Incorporated Owners of Blocks F1 To F7 of Pearl Island Holiday Flats v. Fullwill Property Management Ltd.

LDBM000273A/2000

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

BUILDING MANAGEMENT APPLICATION

Application No. LDBM 273 of 2000

_________________

Coram : H.H. Judge LAM

Date of Hearing: 16 August 2001

Date of Ruling: 16 August 2001

-----------------------------------------

RULING ON JURISDICTION

-----------------------------------------

1.The jurisdiction of the Lands Tribunal has to be determined by reference to s.45 and Schedule 10 of the Building Management Ordinance. For that purpose, Schedule 7 Para 8 is irrelevant.

2.Schedule 10 Para 5(c) refers to a manager within the meaning of s.34D(1). The definition of manager under that section confines that to a manager who for the time being is managing the building.

3.The Respondent does not fit within that description and the rationale of Universal Property v in respect of Ying Ga Garden [1997] 4 HKC 349 applies. The present proceedings concern the powers and duties of an ex-manager rather than a manager. I therefore hold that the case does not fall within Para. 5(c) of the Tenth Schedule.

4.However, I accept that the present proceedings concern the interpretation and enforcement of Para 8 of the Seventh Schedule of Building Management Ordinance, hence it is within Para 1 of the Tenth Schedule.

5.I am satisfied that the Lands Tribunal does have jurisdiction to deal with the matter subject to the necessary amendment to the Form 29. I give leave to the applicant to amend the Form 29 by deleting the reference to Para 5(c) of the Tenth Schedule and replacing it with reference to Para 1.

Representation:

Mr. Mark WEI, Counsel instructed by M/S Daniel Wong & Partners, for the Applicant

Ms FONG Wai-yee of M/S Spencer Lee & Co., for the Respondent