LAND COMPULSORY SALE MAIN APPLICATION NO 16000 OF 2019
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BETWEEN
DOUBLE TOP DEVELOPMENT LIMITED (德泰發展有限公司)
1
st
Applicant
HERO PERFECT LIMITED (鴻培有限公司)
2
nd
Applicant
GOLDEN IVY HOLDINGS LIMITED
3
rd
Applicant
and
KENTONE LIMITED (勤通有限公司)
1
st
Respondent
SOLAR ACE LIMITED (日曦有限公司)
2
nd
Respondent
CHAN YUK PIU (陳沃標) BY CHAN YU PAK (陳如栢), HIS GUARDIAN AD LITEM
3
rd
Respondent
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Before:
Mr Alex Ng, Member of the Lands Tribunal
Dates of Trial:
1, 2 and 5 December 2022
Date of Written Closing Submissions:
28 December 2022
Date of Reply Submissions:
11 January 2023
Date of Judgment:
4 April 2023
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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 section R of Marine Lot No 414 (“the Lot”) together with a building erected thereon known as Lee Wang Building, Nos 133 – 134 Connaught Road West, Hong Kong (“the Building”).
2.
The Building is an 8-storey tenement block served by 2 common staircases. According to the approved building plans, there are 2 ground floor shops plus cockloft fronting onto Connaught Road West and 4 residential flats per floor from 1
st
floor to 7
th
floor.
3.
Occupation permit No H48/69 was issued for the Building on 13 March 1969, granting permission to occupy its ground floor as 2 shops with 2 stores on cockloft for non-domestic use and its 1
st
floor to 7
th
floor as 4 tenements per floor for domestic use.
4.
According to the records of the Land Registry, the Lot together with the Building standing thereon is allocated 35 undivided shares. Each of the 2 shop units on ground floor is given 2 undivided shares, each of the 2 cocklofts is given 1 undivided share, each of the 28 residential flats is given 1 undivided share and portion of main roof is given 1 undivided share, making up a total 35 undivided shares.
SECTION 3 OF THE ORDINANCE – OWNERSHIP OF THE APPLICANTS
5.
At the time of filing of the Notice of Application (“NOA”) on 23 May 2019, there were 3 respondents and the applicants owned 85.71% (i.e. 30 out of the total 35) undivided shares in the Lot, more than the threshold of 80% required for building aged 50 years or above.
6.
Section 3(1) of the Ordinance prescribes that the minimum percentage of undivided shares that an applicant or applicants should possess before making an a
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