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LDCS 7000/2022
[2024]HKLdT 27
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
LAND COMPULSORY SALE MAIN APPLICATION NO 7000 OF 2022
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BETWEEN
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WINLAND PROPERTY LIMITED
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1
st
Applicant
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(永倫興業有限公司)
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WINDLAND CENTRE LIMITED
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2
nd
Applicant
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(永倫中心有限公司)
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WINLAND CULTURE LIMITED
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3
rd
Applicant
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(永倫文化有限公司)
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And
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CHANG SAI HO (蔣世浩) formerly
known as LAW WAI KUN (羅維根)
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1
st
Respondent
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VOLANT RICH LIMITED
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2
nd
Respondent
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KANCO DEVELOPMENT LIMITED
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3
rd
Respondent
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(奇高發展有限公司)
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_________________
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Before:
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Deputy Judge L Cruden, Presiding Officer of the Lands Tribunal and Mr Lawrence PANG, Member of the Lands Tribunal
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Dates of Hearing:
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4-7 December 2023
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Date of Closing Submissions:
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11 December 2023
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Date of Judgment:
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28 March 2024
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J U D G M E N T
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BACKGROUND
1.
This is the applicants’ application for a compulsory sale order (“the Application”) issued on 10 May 2022 under section 3 of the Land (Compulsory Sale for Redevelopment) Ordinance,
Cap 545
(“the Ordinance”). The applicants seek to sell all the undivided shares of the Remaining Portion of Section C of Inland Lot No 2821 (“the Lot”) on which a 18-storey commercial building known as Kam Chung Building (“the Building”) is erected. This is a corner location so that the Building abuts two streets whose address is Nos 52-58 Jaffe Road and Nos 17-21 Fenwick Street, Hong Kong.
2.
Pursuant to an occupation permit, No H57/67 of BOO Ref: 2/3261/63, issued on 6 March 1967, occupation of the Building was permitted for the following purposes:
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Ground Floor:
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5 shops & 1 transformer room for non-domestic use
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1
st
Floor:
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Light Refreshment restaurant for non-domestic use
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2
nd
to 16
th
Floors (inclusive):
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1 office per floor for non-domestic use
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Roof:
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1 office for non-domestic use
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3.
According to a set of building plans approved by the Building Authority on 21 September 1963, 28 December 1964, 6 July & 7 December 1966, 6 March 1967 and 7 December 1968, the 1/F, which is supposed to be occupied together with the entrance hall on G/F, is served by an exclusive staircase exiting to Fenwick Street and two common staircases. Whereas the remaining floors are served by two common staircases, the 3/F, 5/F and 7/F are served by one lift, the 2/F, 4/F, 6/F, 8/F to 16/F are served by two lifts, and the 17/F, being the roof, has no lift access.
4.
Pursuant to a Deed of Mutual Covenant vide memorial UB597969 dated 28 August 1967, various un
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