LDBM 89/2018

[2025] HKLdT 20

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

BUILDING MANAGEMENT APPLICATION NO 89 OF 2018

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J U D G M E N T

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1. This is an application by the applicant, Wing Ming Garment Factory Limited (“Wing Ming”) pursuant to section 31 of the Building Management Ordinance ( Cap. 344 ) (“BMO”) to dissolve the management committee (“MC”) of the the respondent, the Incorporated Owners of Wing Ming Industrial Centre (“IO”) of the building known as Wing Ming Industrial Centre (“the Building”) and to appoint an administrator on the ground that the MC and, by extension the IO, has been unwilling and/or unable properly to perform its statutory duties under the BMO thereby necessitating its dissolution.

2. Wing Ming’s case is that the MC is unable to perform its duties properly and is not fit and proper and should therefore be dissolved and replaced by an impartial, fit and proper administrator. Wing Ming does not claim damages, injunctive relief or any other equitable remedy, and/or the enforcement of the judgment of any Court or other tribunal. The IO opposes the application and denies the allegations.

Wing Ming

3. Wing Ming was the developer of the Building, Wing Ming Industrial Centre, 15 Cheung Yue Street, Cheung Sha Wan, Kowloon, Hong Kong on New Kowloon Inland Lot No. 5491. On 2 March 1991, Super Kind Investment Limited as the 2 ^nd owner (“Super Kind”) executed the 1 ^st assignment with Wing Ming on 2 March 1991 (“the 1 ^st Assignment”) and also entered into the Deed of Mutual Covenant (“DMC”) with Wing Ming and Essman Construction Company Limited (“Essman”), the then manager of the Building. Since 2 March 1991 Wing Ming has sold various parts of the Building.

4. As at the hearing, Wing Ming holds 133/1,323 shares (about 10.05% shareholding) in the Building:-

(1) 120 shares representing the Front Portion on G/F & Foyer & Lofts, B/F & void space above CPS 2-4 [Originally, 125 shares were assigned to the Front Portion under the DMC. By a deed poll, 15 May 1991, 2 sub-portions being Portion V1 (3/1,323 shares) and Portion V2 (2/1,323 shares) were carved out];

(2) 2 shares representing Portion V2 on G/F;

(3) 1 share representing Storeroom at Rear of G/F (above CPS 1 and 11) and Room A; and

(4) 10 shares representing CPS 3 and 4 (5 shares each).

The IO

5. The IO was incorporated on 24 May 1993, pursuant to the BMO. The IO’s duties and powers are set out in section 18 of the BMO.

The land and the Building

6. The Building is situated on New Kowloon Inland Lot No.5491, which is held under the Conditions of Sale No. 10715 dated 13 September 1974 as varied or modified by two modification letters with Memorial Nos. 1197335 a