LDCS 4000/2023

[2025] HKLdT 40

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

LAND COMPULSORY SALE MAIN APPLICATION NO 4000 OF 2023

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BETWEEN

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JUDGMENT

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Background

1. This is an application for a compulsory sale order (“the Application”) under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap 545 (“the Ordinance”) to sell all the undivided shares of New Kowloon Inland Lot No 3941 (“the Lot”) on which two pairs of 5-storey tenement buildings (collectively “the Buildings”) are erected, having their addresses respectively as 308 & 310 and 312 & 314 Shun Ning Road, Cheung Sha Wan, Kowloon (respectively, “308/310 Building” and “312/314 Building”). The Buildings are collectively named as Tai Chung Court.

2. By reference to a Permit No K279/58 issued by the Building Authority on 15 October 1958 (“Occupation Permit”), permission was granted to occupy and use the Buildings for domestic purposes. Each of the Buildings has two domestic units per floor, giving a total of 20 domestic units. Each of the Buildings is served by one common staircase.

3. According to the record of the Land Registry, the Buildings are subject to a Deed of Mutual Covenant dated 27 February 2021 whereby each unit was allotted one equal and undivided share of and in the Lot.

4. As at the date of the Application, being 10 July 2023, the applicant owned all the equal undivided share of and in Lot save the following owned by two respondents:

(1) the 1 ^st respondent (“R1”) who owned 3/F, together with Balcony and Veranda Appertaining Thereto, 308 Shun Ning Road; and

(2) the 2 ^nd respondent (“R2”) who owned 3/F, together with Balcony and Veranda Appertaining Thereto, 314 Shun Ning Road.

5. The Lot was granted under Conditions of Grant No 5721 (“the Land Grant”) dated 12 March 1957 under the Civil Servants’ Co-operative Building Society Scheme which was launched by the Government in 1952 to provide accommodation to Co-operative Building Societies’ members and their families (“the Scheme”). The grantee in the present case was Tai Chung Co-operative Building Society Limited.

6. Co-operative Building Societies were formed by eligible civil servants, governed by the Co-operative Building Societies Ordinance, Cap 33 . Under the Scheme, Co-operative Building Societies were granted lands by Government at a concessionary rate, together with Government loans to Co-operative Building Societies at preferential interest rates so as to enable