LDCS 21000/2022

[2024] HKLdT 75

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

LAND COMPULSORY SALE MAIN APPLICATION NO 21000 OF 2022

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BETWEEN

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JUDGMENT

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BACKGROUND

1. This is the applicant’s 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 two adjoining lots.

2. The first lot comprises the Remaining Portion of New Kowloon Inland Lot No 1961 and the Remaining Portion of Kowloon Inland Lot No 1962 (the 1 ^st Lot”) together with a building erected thereon known as Hoi Sang Mansion, Nos 54 & 56 Fuk Wa Street, Kowloon (“the 1 ^st Building”). The second lot comprises the Remaining Portion of New Kowloon Inland Lot No 1959 and the Remaining Portion of Kowloon Inland Lot No 1960 (the 2 ^nd Lot”) together with a building erected thereon known as Nos 58, 58A & 60 Fuk Wa Street, Kowloon (“the 2 ^nd Building”). In this judgment, the 1 ^st Lot and the 2 ^nd Lot are collectively referred to as “the Lots”, and the 1 ^st Building and the 2 ^nd Building are collectively referred to as “the Buildings”.

3. The 1 ^st Building is a 6-storey tenement block served by a common staircase. An occupation permit No NK26/77 was issued for the 1 ^st Building on 22 March 1977, granting permission to occupy its ground floor as 2 shops for non-domestic use and its 1 ^st floor to 5 ^th floor as 4 flats on each 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. In addition, a yard is attached to each of the 2 shops on the ground floor, a flat roof is attached to each of the 4 flats on the 1 ^st floor, and a roof is attached to each of the 4 flats on the 5 ^th floor.

4. The 1 ^st Lot together with the 1 ^st Building standing thereon is