Secretary for Transport v. Poon Chi Man and Ho Sai Mui

Read the full judgment text of on BabelCite. was delivered on 8 August 2001.

Case No.
Court
Date08 Aug 2001
Judge
Case Document
100%Judiciary

LDMR000042M/2000

LDMR 42 OF 2000

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS REFERENCE APPLICATION NO. 42 of 2000

_______________

Between
Secretary for Transport Applicant
AND
Poon Chi Man and Ho Sai Mui Respondents

_______________

Coram: H. H. Judge Chow, Presiding Officer of the Lands Tribunal
Mr. W. K. Lo, Member of the Lands Tribunal

Date of delivery of Judgment: 8 August 2001

Date of Corrigenda: 21 August 2001

________________________

C O R R I G E N D A

_________________________

(1) In paragraph 36 of the Judgment dated 8th August 2001 ("the Judgment"), the following floor adjustments are to replace the figures stated therein: -

Name of Building/Comparables Floor adjustments
Wang Lung Industrial Building
RC4 +2.4%
RC5 -3.9%
Lucida Industrial Building
AC16 -0.6%
AC17 -0.3%
AC18 +0.3%

(2) After allowing the value of the top roof as 1/10 of the unit rate of the 25th Floor, the unit rate for RC4 in paragraph 37 of the Judgment is adjusted to $5,704 per sq. m., and the consequential total adjustments for the comparables and their corresponding adjusted unit rates as set out in paragraphs 36 and 37 of the Judgment are hereby amended to read as follows: -

Name of Building/Comparables Unadjusted
unit rate

(/sq. m.)
Total
Adjustment
Adjusted
unit rate
(/sq. m.)
Wang Lung Industrial Building
RC4 $5,704 +13.4% $6,468
RC5 $5,446 +14.6% $6,241
Lucida Industrial Building
AC16 $6,397 +5.4% $6,742
AC17 $7,206 +5.7% $7,617
AC18 $7,231 +6.3% $7,687

(3) As a result, the adjusted unit rates for the two aforesaid buildings in paragraphs 37 and 39 of the Judgment are amended to read as $5,990 per sq. m. and $7,349 per sq. m. respectively, the average adjusted unit rate of the six comparable buildings as set out in paragraphs 39 and 41 of the Judgment is amended to read as $6,007 per sq. m. and the open market value of the subject property as set out in paragraph 41 of the Judgment is amended to read as $463,740 (77.2 sq. m. x $6,007 per sq. m.).

(4) The amount of compensation payable to the Respondents as set out in paragraph 42 of the Judgment is accordingly amended to read as follows:-

(a) Open Market Value of the Property $463,740
(b) Loss of Rental Income $41,900
Total compensation $505,640
Rounded to $506,000

(H.H. Judge Chow) (Mr. W. K. Lo)
Presiding Officer, Member,
Lands Tribunal Lands Tribunal