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LDCS 5000/2023
[2024] HKLdT 95
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
LAND COMPULSORY SALE MAIN APPLICATION NO 5000 OF 2023
__________________________
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BETWEEN
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SUNNY PALACE LIMITED (朗殿有限公司)
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1
st
Applicant
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DYNAMIC SUMMIT LIMITED (沛峰有限公司)
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2
nd
Applicant
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MARWIN INVESTMENT LIMITED
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3
rd
Applicant
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(明榮投資有限公司)
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and
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LOK TIN SANG (駱天生)
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1
st
Respondent
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(Discontinued)
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LOK TIN KEI (駱天基)
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2
nd
Respondent
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(Discontinued)
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LOK TIN YIN (駱天賢)
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3
rd
Respondent
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(Discontinued)
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LOK TIN ON (駱天安)
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4
th
Respondent
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(Discontinued)
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CHEUNG LAI LING RITA (張麗玲)
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5
th
Respondent
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THE PERSONAL REPRESENTATIVE OF THE
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6
th
Respondent
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ESTATE OF LATE SOO YEE LEE (李素如)
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__________________________
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Before:
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Mr Alex Ng, Member of the Lands Tribunal
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Date of Trial:
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25 November 2024
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Date of Judgment:
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9 December 2024
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JUDGMENT
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BACKGROUND
1.
This is the applicants’ application for an order for sale, for the purposes of redevelopment under the Land (Compulsory Sale for Redevelopment) Ordinance,
Cap 545
(“the Ordinance”), of all the undivided shares of and in the Remaining Portion of Sub-Section 4 of Section M of Kowloon Marine Lot No 28 (the Lot”) together with a building erected thereon known as Nos 24, 26, 28 and 30 Fuk Chak Street, Kowloon (“the Building”).
2.
The Building comprises two 6-storey adjoining blocks, and each block is served by a common staircase. An occupation permit No K90/64 was issued for the Building on 19 February 1964, granting permission to occupy its ground floor as 4 shops for non-domestic use and its 1
st
floor to 5
th
floor as 8 tenement rooms per floor for domestic use. According to the approved building plans, there are 2 shops planned on the ground floor and 4 flats planned on each of the 1
st
to 5
th
floors of each block.
3.
The Lot together with the Building standing thereon is allocated with 48 undivided shares. Each of the 4 shops on ground floor is given 2 undivided shares and each of the 20 flats on upper floors is given 1 undivided share, making up a total of 48 undivided shares.
SECTION 3 OF THE ORDINANCE – OWNERSHIP OF THE APPLICANTS
4.
The applicants filed a Notice of Application (“NOA’) on 26 October 2023. At the time of filing of the NOA, there were 6 respondents and the applicants owned 45 over 48 (i.e. 93.75%) undivided shares in the Lot.
5.
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