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LDBM 200/2020
[2024] HKLdT 39
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO.200 OF 2020
__________________
BETWEEN
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THE INCORPORATED OWNERS OF GRENVILLE HOUSE
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Applicant
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and
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KEEN JOY ENTERPRISES LIMITED
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Respondent
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_________________
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Before:
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Deputy District Judge S. H. Lee, Presiding Officer of the Lands Tribunal, in Court
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Dates of Trial:
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18 & 19 July, 3 August, 13 September 2023
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Date of Written Closing Submissions:
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31 August 2023 (Applicant)
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Date of Judgment:
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14 May 2024
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_____________________
J U D G M E N T
_____________________
Introduction
1.
This is the second of three trials concerning Mandatory Building Inspection Scheme (
MBIS
) that I held from June to November 2023. All of them focused, one way or another, on alleged breaches of Code of Conduct for Procurement of Supplies, Goods and Services (
COP
) issued by the Authority pursuant to s.44 of Buildings Management Ordinance
[1]
(
BMO
), enforcement of COP and/or consequences of their breaches, if any.
Parties to this application
2.
The applicant is the incorporated owners (
IO
) of Grenville House (
GH
). It was incorporated as an owners’ corporation pursuant to the predecessor of BMO in 1972. At all material times, IO managed GH on its own assisted by a management company. Mr Warren Suen of counsel (
Mr Suen
) appeared for IO at trial.
3.
The registered deed of mutual covenant of GH is dated 31 March 1971 (
the DMC
). According to the DMC, GH consists of 5 blocks, known as Blocks AB, CD, EF, GH and IJ. Each block is 12-storey high. GH contains 120 apartments in total. The land over which GH is built (
the Land
) is notionally divided in the DMC into 120 undivided shares with one share allocated to the purchaser thereof with exclusive use of one of the said apartments and one car parking space.
4.
The respondent (
Keen Joy
) has since January 2000 been the registered owner of apartment No.F on 12/F of Block EF (including a portion of roof thereof) and car parking space No.156 of GH (
Apartment F12
), holding one undivided share of the Land. The saleable area of Apartment F12 exceeds 3,300 square feet, so do the remaining apartments of GH. Ms Fok Lai Lor Nora (
Nora
), the authorized representative of Keen Joy at this trial, was at all material times, and is, the sole director of Keen Joy.
5.
On the provision of the DMC
[2]
, pursuant to s.34D of BMO, and pursuant to s.41 of Conveyancing and Property Ordinance
[3]
, the benefits and burdens of the provisions of the DMC run with the Land and are binding on its registered owners and the manager of GH defined therein. Hence, the provisions of the DMC were at all material times, and are, binding on Keen Joy and MC (as the manager of GH defined therein).
Background facts
6.
This litigation began with, I find, IO receiving in Ju
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