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LDBM 138/2021
[2025] HKLdT 15
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 138 OF 2021
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BETWEEN
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THE INCORPORATED OWNERS OF HAIPHONG MANSION
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Applicant
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and
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JAMES S. LEE & COMPANY (KOWLOON) LIMITED
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1
st
Respondent
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CHEER HOPE INVESTMENT LIMITED
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2
nd
Respondent
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__________________________
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Before:
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Her Honour Judge LJ Cruden, Presiding Officer of the Lands Tribunal
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Dates of Trial:
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2-4 & 9 October 2024
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Date of Handing Down of Judgment:
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8 April 2025
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J U D G M E N T
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INTRODUCTION
1.
There has been a large advertising sign spanning two sides of the 1
st
floor of Haiphong Mansion at the corner of Nathan Road and Haiphong Road in the heart of Tsim Sha Tsui since the 1960s. This application concerns that advertising sign (“Sign”).
2.
The applicant is the incorporated owners (“IO”) of Haiphong Mansion at 99-101 Nathan Road, Nos. 53, 54 and 55 Haiphong Road and No. 52 Lock Road, Tsim Sha Tsui, Kowloon (the “Building”). The Sign has been erected on the external walls of the 1/F of the Building.
3.
The 1
st
respondent is the registered owner of Shops Nos. 2 and 3 on G/F (“G/F Premises”), and Apartments Nos. 1 to 5 and a portion of flat roof on 1/F of the Building (“1/F Premises”; together with G/F Premises, “Premises”).
4.
The 2
nd
respondent carries on a jewellery trading business under the trade name of “Luk Fook Jewellery & Goldsmith Company (六福珠寶金行)” and/or “Luk Fook (六福)” (“Luk Fook trade names”). It has been the tenant of the Premises since March 2010.
5.
The IO claims that the Sign was installed in breach of the Deed of Mutual Covenant of the Building dated 10/4/1961 (“DMC”) and section 34I of the Building Management Ordinance (
Cap. 344
) (“BMO”). It asks the respondents to remove the Sign, reinstate the relevant parts of the external walls and pay mesne profits. The crux of the dispute concerns whether the respondents are entitled to claim acquiescence, estoppel and/or lost modern grant in respect of the Sign.
6.
The IO is represented by Mr Lewis Law and Mr Steve Cheung. The 1
st
respondent and the 2
nd
respondent are represented by Mr Bernard Man SC and Mr Harrison Miao.
FACTUAL BACKGROUND
7.
The parties submitted a Statement of Agreed Facts which include the following.
8.
The IO was incorporated and registered on 10 February 1971. Yick Tat Property Management Company Limited (“Yick Tat”) was appointed by the IO as the management company of the Building.
9.
By an assignment dated 8 November 1979, the 1
st
respondent became the registered owner of units of the Building, the 1/F Premises, namely Apartment No. 1 on 1/F with a portion of flat roof and Apartments Nos. 2, 3, 4 and 5 on 1/F and the G/F Premises, Shops Nos. 2 and 3 on G/F.
10.
The registered owners of the Premises consisted of,
i
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