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LDBM 154/2021
[2025] HKLdT 19
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 154 OF 2021
___________________
BETWEEN
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The Incorporated Owners of Sang Woo Building
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Applicant
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and
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Chou Ying
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1
st
Respondent
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Cheung Hing Hung
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2
nd
Respondent
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Fast Profit Advertising Production Limited
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3
rd
Respondent
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Full Honest (China) Limited
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4
th
Respondent
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___________________
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Before:
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Her Honour Judge Michelle Lam, Presiding Officer of the Lands Tribunal
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Dates of Hearing:
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21 January 2025
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Date of Decision:
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16 April 2025
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_________________
D E C I S I O N
_________________
APPLICATION
1.
At the hearing on 21 January 2025 (“Hearing”), the applicant made a number of applications. Some of them were determined at the Hearing. What were left to be dealt with in this Decision were four summonses as follows: -
(1) three summonses for leave to administer interrogatories respectively on the 1
st
and 2
nd
respondents, the 3
rd
respondent and the 4
th
respondent (collectively, “Three Summonses”).
(2) a summons filed on 7 January 2025 seeking time extension for the parties to seek counsel advice and to take out interlocutory applications.
BACKGROUND
2.
This action concerns the erection of an advertising signage board (“Board”) on the roof (“Roof”) of the building known as Sang Woo Building (“Building”).
3.
The applicant is the incorporated owners of the Building. The registered owners of the Roof were the 1
st
and 2
nd
respondents between 6 November 2008 and 30 November 2022, and thereafter, the 4
th
Respondent until now.
THE APPLICANT’S CASE
4.
The applicant’s case as stated in the Notice of Application
[1]
(“NOA”) can be summarized as follows: -
(a) By a licensing agreement dated 30 April 2008, the 3
rd
respondent was granted by the then registered owner of the Roof (“Former Owner”) a licence to sub-license to another company
[2]
the right to erect and use an advertising signage board on the Roof. The licence was for a term of three years ending on 31 October 2010, with an option to renew up to 30 April 2014.
(b) The Board has been in existence since then until now notwithstanding the applicant’s repeated demands for the removal of it and the subsequent changes of the legal ownership of the Roof from the Former Owner to the 1
st
and 2
nd
respondents and further to the 4
th
respondent.
(c) The 3
rd
respondent has had the control and management of the Board since 30 April 2008.
(d) The applicant complains that the 1
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