Case Details

Citation

NGO CAM AND OTHERS v. NG TAK SHING KENNY AND OTHERS, LDCS 1000/2003

Case Number

LDCS 1000/2003

Court

Lands Tribunal

(LT)

Decision Date

25 November 2004

Parties

Applicant(s):

Ngo Cam also known as Ngo Cam 1st Applicant Ng Lai Yung 2nd Applicant Tung Mou Ye, Yau Wai Yin, Yau Dennis Wai Tak and Yau Wai Kim 3rd Applicant Wong Ka Pang 4th Applicant Or Nai Chi and Tam Kit Ying 5th Applicant Quach Sieu Eng 6th Applicant Lam Kam Tong 7th Applicant Wong Po Kee 8th Applicant Lee Sun Wah Hermony and Lam Nga Yu 9th Applicant Wong Cheung Wah and Cheng Lai Na 10th Applicant Leung Kai Yuen 11th Applicant Wong Benny Kwok Hing 12th Applicant The Church Body of t he Chinese Anglican Church in Hong Kong also known as Church Body of t he Hong Kong Sheng Kung Hui 13th Applicant Beautimind Investments Limited 14th Applicant Fong, Square 15th Applicant Shing Hing Lee Development Limited 16th Applicant Lee Kam Wah 17th Applicant So Hon Fai and Tam Mei Kwan Cherry 18th Applicant Lam Yip Tung and Chan Yuk Hing 19th Applicant also known as Lam Chan Yuk Hing Top Cosmos Development Limited 20th Applicant The personal representatives of Kwok King Hing (deceased) 21st Applicant Chan Tse Wai Ling Ada 22nd Applicant Lam Tat Yiu and Cheng Mei Lan 23rd Applicant Ho Kam-Moon, Patrick 24th Applicant Golden Cannon Development Limited 25th Applicant Tseung Kok Fu 26th Applicant Thavisak Mahanavanont 27th Applicant Hung Yuk Wai Raymond and Choi Chi Mei 28th Applicant Kong On Ong Gordon and Kong Ho Hai Yu Virginia 29th Applicant Chiu Wai Chuen 30th Applicant Chung Kai Sang Kevin and Chung Parr Hall Stephen 31st Applicant Leung Chi Ming 32nd Applicant Yeung Wing Kwong 33rd Applicant Lam Hark Chee and Cheng Annie 34th Applicant Lau Shek Wai Patrick 35th Applicant Manville Frederick Charles and Chow Poo Ming 36th Applicant Greatman Development Limited 37th Applicant Leung Wai Shing Edmond and Wong Oi Chun 38th Applicant Fung Shun Wa Dorothy 39th Applicant Wong Peng 40th Applicant Triumph Win Limited 41st Applicant Cheung Man Huen and Tang Shui Lan 42nd Applicant Leung So Lan 43rd Applicant Hong Long Ng as Administrator of the estate of Poon Chun Kun (Deceased) 44th Applicant Hui Siu Yeung and Tam Lik Fan 45th Applicant Chi Shiu Ling, Li Cheung Jing, Li Kwok 46th Applicant Ping Joseph, Li Kok Shun and Li Oi Ching Chau Wan Kwai and Chak Wing Mang 47th Applicant Yeung Kam Ming and Fung Sau Ping 48th Applicant Wu Wan Chi and Chan Shiu Yick 49th Applicant Sky Billion Development Limited 50th Applicant Wu Lien Chang Lincoln and Lok Pui Ying 51st Applicant Tai Kiu Enterprises Limited 52nd Applicant Cheung Mary 53rd Applicant World Party Development Limited 54th Applicant Kam Wang 55th Applicant Choi Mou Ming 56th Applicant Tam Mi Yuk Devon Clarice 57th Applicant Fung Ka Cheung and Yung Sau Ling 58th Applicant Choi Celine 59th Applicant Speedy Business Limited 60th Applicant Tse Shue Pui and Ho Yuen Shan 61st Applicant Lee Ka Yin and Lee Ip Kit Yiu Miranda 62nd Applicant Fung Chi Ping, Kong Chung Wong Michael, Ngo Cam also known as Ngo Cam, Ng Lai Yung, Tung Mou Ye, Yau Wai Yin, Yau Dennis Wai Tak and Yau Wai Kim, Wong Ka Pang, Or Nai Chi and Tam Kit Ying, Quach Sieu Eng, Lam Kam Tong, Wong Po Kee, Lee Sun Wah Hermony and Lam Nga Yu, Wong Cheung Wah and Cheng Lai Na, Leung Kai Yuen, Wong Benny Kwok Hing, The Church Body of t he Chinese Anglican Church in Hong Kong also known as Church Body of t he Hong Kong Sheng Kung Hui, Beautimind Investments Limited, Fong, Square, Shing Hing Lee Development Limited, Lee Kam Wah, So Hon Fai and Tam Mei Kwan Cherry, Lam Yip Tung and Chan Yuk Hing, Top Cosmos Development Limited, The personal representatives of Kwok King Hing (deceased), Chan Tse Wai Ling Ada, Lam Tat Yiu and Cheng Mei Lan, Ho Kam-Moon, Patrick, Golden Cannon Development Limited, Tseung Kok Fu, Thavisak Mahanavanont, Hung Yuk Wai Raymond and Choi Chi Mei, Kong On Ong Gordon and Kong Ho Hai Yu Virginia, Chiu Wai Chuen, Chung Kai Sang Kevin and Chung Parr Hall Stephen, Leung Chi Ming, Yeung Wing Kwong, Lam Hark Chee and Cheng Annie, Lau Shek Wai Patrick, Manville Frederick Charles and Chow Poo Ming, Greatman Development Limited, Leung Wai Shing Edmond and Wong Oi Chun, Fung Shun Wa Dorothy, Wong Peng, Triumph Win Limited, Cheung Man Huen and Tang Shui Lan, Leung So Lan, Hong Long Ng as Administrator of the estate of Poon Chun Kun (Deceased), Hui Siu Yeung and Tam Lik Fan, Chi Shiu Ling, Li Cheung Jing, Li Kwok, Chau Wan Kwai and Chak Wing Mang, Yeung Kam Ming and Fung Sau Ping, Wu Wan Chi and Chan Shiu Yick, Sky Billion Development Limited, Wu Lien Chang Lincoln and Lok Pui Ying, Tai Kiu Enterprises Limited, Cheung Mary, World Party Development Limited, Kam Wang, Choi Mou Ming, Tam Mi Yuk Devon Clarice, Fung Ka Cheung and Yung Sau Ling, Choi Celine, Speedy Business Limited, Tse Shue Pui and Ho Yuen Shan, Lee Ka Yin and Lee Ip Kit Yiu Miranda, Fung Chi Ping, Kong Chung Wong Michael, Omura, Takeshi, Spread Wing International Enterprise Limited, Wellink Creations Limited, Chan Mei Ka, Wong Kin Wai David and Li Ching Po, Tso Kwok Ching and Wong Yi Siu, Cheung Siu Hang Agnes, Cheng Sau Chi and Cheng Sau Han Lana, Wong Yuet May Yumi and Chan King, Wong Yuet Ting Sandy, Tin Tin Development Limited, Shum Chi Han Cindy, Chung Kwok Yi and Li Kit Ling, Lee Wai, Fung Chiu Ming Danny and Fung Cheuk Ming, Chin Tai Pek, Tse Yuk Chu and Chung Man Yee Barry, Lin Koon Wah also known as Lin Koon Wah David and Cheung Fung Ying also known as Cheung Fung Ying Margaret, Wong Wing Tak Gary, Chung Lup-Ng and Betty Yeung Pui-Tei, Central King Investments Limited, International Bank of Asia Limited, Siu Wai Ming and Chung Miu Har Juliana, Yu Lai Sim, Chau Wing Sang, Norwich Profits Limited, Shum Sheng Yin Yuk Betty, Wu Po Chun, Wan Heung Wing and Wan Wai Keung, Lai Sau Heem, Ho Siu Kai and Hon Shui Kuen, Chong Wing Sze Eliza, Kung Yick Ming, Joseph and Chan Ling Tai, Lee Kar On, Sino Venture Limited, Li Chan Pui Chun, Yew Wing Wai and Yew Lee Mary Lai Yung, Mak Kar Lon and Mak Ka Wai, Chan Kwai Wing, Yip Kwai Huen Herman and Mo Yuet Mui Karanda, Ho Pun Mee Lai, Law Shiu Nga, Lee Mei Mei, Lai Wai Hung and Au Yeung Mei Wah Eva, Ai Fung Company Limited, Kuo Eng Pei and Tsang Enian, Kwok Wai Hung and Wan Wai Ping Jennifer, Singh Gurdev Brar and Brar Amar Kaur, Shum Ma Lei, Circle Angle Limited, Accord International Investment Limited, Recycle Development Limited, Chiu Kam Wah and Tsang Siu King, David Au Lau, Chan Ying Chun, Lam Hung Kong John Baptist and Chan Chun Han Eliza, Cheung Lai Kwan Anny, Chow Che Fai, Wu Lung Chuen, Grand Medal Investments Limited, Cheung Chung Yee and Siu Yuk Kin, Lo Lai Sim and Lai Chi Shing Ronald, Wong Ming Lai, Citiworld Consultants Limited, Chen Wei and Au Kam Ling Alice, Lee Yiu Kei and Leung Kwai Ling Loretta, Chang Ivy, Chan Pun Kei, Cheung Mo Yan, Leung Luen Fai and Leung Virginia Yau Ling, Wong Sai Lun, Lam Shing Tak Andrew and Chow Sze Yiu, Ho Kim Pui Richard and Yeung Wai Yin, Golden Standard Investment Limited, Fong Hok Yee Louise, Lee Tony and June Olive also known as June Kwok Ying Olive, Chan Pok Lang, Yeung Cheung On and Yu Wen Yen, Yau Chi Wo and Wong Po Chun Jane, Cheung Kwong Fai and Lee Luen Fa, Leung Hong Yin and Leung Mei Ching Maria, Graeme Francis Herbert Brechin, Easy San International Limited, Cheung Ying Wing and Li Yan, Leung Sum Mai and Wu Kit Hing, Active Action Industrial Limited, Yip Koon Sang and Wong Ching Lai Theresa, Regent Tact Limited, Healflow Consultants Limited, Leung Tak Fai and Fok Siu Ping, Chen Yen Fei and Lee Yuk Suet, Sit Bun and Sit Hon Ming, Chang Sam Ho Samuel, Jennie Cheung also known as Lam Cheung Chong Ho Jennie, Wong Chi Pang Stephen and Chan Yau Ngan, Pak Sze Man, Lau Yick Wing and Leung Sui Lan Roginina, Chan, Kwok Wai and Lo, Jennifer Agnes Kar Wing, Indian Overseas Bank, Wong Yun Tai Grace Marie, Wong Eunice and Lee Ching Choy, Chan Sze Hin and Lo Suk Yin, Dorothy Fung Shun Wa, Lam Wai Fong and Lim Wai Sum, Ong Kwok Biu Albert, Wong Man Cheung, Wong Ming Ming and Wong Ming Lai, Perfect Grade Limited, Standard Brillant Limited, Consolidated Unison Limited

Respondent(s):

Kong So Ngor Elizabeth Omura, Takeshi 64th Applicant Spread Wing International Enterprise Limited 65th Applicant Wellink Creations Limited 66th Applicant Chan Mei Ka 67th Applicant Wong Kin Wai David and Li Ching Po 68th Applicant Tso Kwok Ching and Wong Yi Siu 69th Applicant Cheung Siu Hang Agnes 70th Applicant Cheng Sau Chi and Cheng Sau Han Lana 71st Applicant Wong Yuet May Yumi and Chan King 72nd Applicant Wong Yuet Ting Sandy 73rd Applicant Tin Tin Development Limited 74th Applicant Shum Chi Han Cindy 75th Applicant Chung Kwok Yi and Li Kit Ling 76th Applicant Kam Wang 77th Applicant Lee Wai, Fung Chiu Ming Danny and Fung Cheuk Ming 78th Applicant Chin Tai Pek 79th Applicant Tse Yuk Chu and Chung Man Yee Barry 80th Applicant Lin Koon Wah also known as Lin Koon Wah David and Cheung Fung Ying also known as Cheung Fung Ying Margaret 81st Applicant Wong Wing Tak Gary 82nd Applicant Chung Lup-Ng and Betty Yeung Pui-Tei 83rd Applicant Central King Investments Limited 84th Applicant International Bank of Asia Limited 85th Applicant Siu Wai Ming and Chung Miu Har Juliana 86th Applicant Yu Lai Sim 87th Applicant Chau Wing Sang 88th Applicant Norwich Profits Limited 89th Applicant Shum Sheng Yin Yuk Betty 90th Applicant Wu Po Chun, Wan Heung Wing and Wan Wai Keung 91st Applicant Lee Sun Wah Hermony and Lam Nga Yu 92nd Applicant Lai Sau Heem 93rd Applicant Ho Siu Kai and Hon Shui Kuen 94th Applicant Chong Wing Sze Eliza 95th Applicant Kung Yick Ming, Joseph and Chan Ling Tai 96th Applicant Lee Kar On 97th Applicant Sino Venture Limited 98th Applicant Li Chan Pui Chun 99th Applicant Yew Wing Wai and Yew Lee Mary Lai Yung 100th Applicant Mak Kar Lon and Mak Ka Wai 101st Applicant Chan Kwai Wing 102nd Applicant Yip Kwai Huen Herman and Mo Yuet Mui Karanda 103rd Applicant Ho Pun Mee Lai 104th Applicant Law Shiu Nga 105th Applicant Lee Mei Mei 106th Applicant Lai Wai Hung and Au Yeung Mei Wah Eva 107th Applicant Ai Fung Company Limited 108th Applicant Kuo Eng Pei and Tsang Enian 109th Applicant Kwok Wai Hung and Wan Wai Ping Jennifer 110th Applicant Singh Gurdev Brar and Brar Amar Kaur 111th Applicant Shum Ma Lei 112th Applicant Circle Angle Limited 113th Applicant Accord International Investment Limited 114th Applicant Recycle Development Limited 115th Applicant Chiu Kam Wah and Tsang Siu King 116th Applicant David Au Lau 117th Applicant Chan Ying Chun 118th Applicant Lam Hung Kong John Baptist and Chan Chun Han Eliza 119th Applicant Cheung Lai Kwan Anny 120th Applicant Chow Che Fai 121st Applicant Wu Lung Chuen 122nd Applicant Grand Medal Investments Limited 123rd Applicant Cheung Chung Yee and Siu Yuk Kin 124th Applicant Lo Lai Sim and Lai Chi Shing Ronald 125th Applicant Wong Ming Lai 126th Applicant Citiworld Consultants Limited 127th Applicant Chen Wei and Au Kam Ling Alice 128th Applicant Lee Yiu Kei and Leung Kwai Ling Loretta 129th Applicant Chang Ivy 130th Applicant Chan Pun Kei 131st Applicant Cheung Mo Yan 132nd Applicant Leung Luen Fai and Leung Virginia Yau Ling 133rd Applicant Wong Sai Lun 134th Applicant Lam Shing Tak Andrew and Chow Sze Yiu 135th Applicant Ho Kim Pui Richard and Yeung Wai Yin 136th Applicant Golden Standard Investment Limited 137th Applicant Fong Hok Yee Louise 138th Applicant Lee Tony and June Olive also known as June Kwok Ying Olive 139th Applicant Chan Pok Lang 140th Applicant Yeung Cheung On and Yu Wen Yen 141st Applicant Yau Chi Wo and Wong Po Chun Jane 142nd Applicant Cheung Kwong Fai and Lee Luen Fa 143rd Applicant Leung Hong Yin and Leung Mei Ching Maria 144th Applicant Graeme Francis Herbert Brechin 145th Applicant Easy San International Limited 146th Applicant Cheung Ying Wing and Li Yan 147th Applicant Leung Sum Mai and Wu Kit Hing 148th Applicant Active Action Industrial Limited 149th Applicant Yip Koon Sang and Wong Ching Lai Theresa 150th Applicant Regent Tact Limited 151st Applicant Healflow Consultants Limited 152nd Applicant Leung Tak Fai and Fok Siu Ping 153rd Applicant Chen Yen Fei and Lee Yuk Suet 154th Applicant Sit Bun and Sit Hon Ming 155th Applicant Chang Sam Ho Samuel 156th Applicant Jennie Cheung also known as Lam Cheung Chong Ho Jennie 157th Applicant Wong Chi Pang Stephen and Chan Yau Ngan 158th Applicant Pak Sze Man 159th Applicant Lau Yick Wing and Leung Sui Lan Roginina 160th Applicant Chan, Kwok Wai and Lo, Jennifer Agnes Kar Wing 161st Applicant Indian Overseas Bank 162nd Applicant Wong Yun Tai Grace Marie 163rd Applicant Wong Eunice and Lee Ching Choy 164th Applicant Chan Sze Hin and Lo Suk Yin 165th Applicant Dorothy Fung Shun Wa 166th Applicant Lam Wai Fong and Lim Wai Sum 167th Applicant Ong Kwok Biu Albert, Wong Man Cheung, Wong Ming Ming and Wong Ming Lai 168th Applicant Perfect Grade Limited 169th Applicant Standard Brillant Limited 170th Applicant Consolidated Unison Limited 171st Applicant and Ng Tak Shing Kenny and Li Hau Ying, Ng Tak Shing Kenny and Li Hau Ying, Eddystone Investment Company Limited, Ma Fung Keung and Hui Chun Wah Rebecca, Tse Hau Sang and Sze Chung Ming, Wu Kee Kwong Louis, the person appointed to represent the estate of Wong Hay Lun Helen (deceased), Ng Sze So, Tham Boonapinanchok and Au Yeung Fun, Yu Hau Ling, Lanford Trading Limited

NGO CAM AND OTHERS v. NG TAK SHING KENNY AND OTHERS

LDCS 1000/2003

Lands Tribunal25 November 2004

LDCS001000/2003 NGO CAM AND OTHERS v. NG TAK SHING KENNY AND OTHERS

LDCS 1000 OF 2003

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

LAND COMPULSORY SALE Application No. 1000 of 2003

_______________

Between

	Ngo Cam also known as Ngo Cam	1^st Applicant
	Ng Lai Yung	2^nd Applicant
	Tung Mou Ye, Yau Wai Yin, Yau Dennis Wai Tak and Yau Wai Kim	3^rd Applicant
	Wong Ka Pang	4^th Applicant
	Or Nai Chi and Tam Kit Ying	5^th Applicant
	Quach Sieu Eng	6^th Applicant
	Lam Kam Tong	7^th Applicant
	Wong Po Kee	8^th Applicant
	Lee Sun Wah Hermony and Lam Nga Yu	9^th Applicant
	Wong Cheung Wah and Cheng Lai Na	10^th Applicant
	Leung Kai Yuen	11^th Applicant
	Wong Benny Kwok Hing	12^th Applicant
	The Church Body of the Chinese Anglican Church in Hong Kong also known as Church Body of the Hong Kong Sheng Kung Hui	13^th Applicant
	Beautimind Investments Limited	14^th Applicant
	Fong, Square	15^th Applicant
	Shing Hing Lee Development Limited	16^th Applicant
	Lee Kam Wah	17^th Applicant
	So Hon Fai and Tam Mei Kwan Cherry	18^th Applicant
	Lam Yip Tung and Chan Yuk Hing	19^th Applicant
	also known as Lam Chan Yuk Hing
	Top Cosmos Development Limited	20^th Applicant
	The personal representatives of Kwok King Hing (deceased)	21^st Applicant
	Chan Tse Wai Ling Ada	22^nd Applicant
	Lam Tat Yiu and Cheng Mei Lan	23^rd Applicant
	Ho Kam-Moon, Patrick	24^th Applicant
	Golden Cannon Development Limited	25^th Applicant
	Tseung Kok Fu	26^th Applicant
	Thavisak Mahanavanont	27^th Applicant
	Hung Yuk Wai Raymond and Choi Chi Mei	28^th Applicant
	Kong On Ong Gordon and Kong Ho Hai Yu Virginia	29^th Applicant
	Chiu Wai Chuen	30^th Applicant
	Chung Kai Sang Kevin and Chung Parr Hall Stephen	31^st Applicant
	Leung Chi Ming	32^nd Applicant
	Yeung Wing Kwong	33^rd Applicant
	Lam Hark Chee and Cheng Annie	34^th Applicant
	Lau Shek Wai Patrick	35^th Applicant
	Manville Frederick Charles and Chow Poo Ming	36^th Applicant
	Greatman Development Limited	37^th Applicant
	Leung Wai Shing Edmond and Wong Oi Chun	38^th Applicant
	Fung Shun Wa Dorothy	39^th Applicant
	Wong Peng	40^th Applicant
	Triumph Win Limited	41^st Applicant
	Cheung Man Huen and Tang Shui Lan	42^nd Applicant
	Leung So Lan	43^rd Applicant
	Hong Long Ng as Administrator of the estate of Poon Chun Kun (Deceased)	44^th Applicant
	Hui Siu Yeung and Tam Lik Fan	45^th Applicant
	Chi Shiu Ling, Li Cheung Jing, Li Kwok	46^th Applicant
	Ping Joseph, Li Kok Shun and Li Oi Ching
	Chau Wan Kwai and Chak Wing Mang	47^th Applicant
	Yeung Kam Ming and Fung Sau Ping	48^th Applicant
	Wu Wan Chi and Chan Shiu Yick	49^th Applicant
	Sky Billion Development Limited	50^th Applicant
	Wu Lien Chang Lincoln and Lok Pui Ying	51^st Applicant
	Tai Kiu Enterprises Limited	52^nd Applicant
	Cheung Mary	53^rd Applicant
	World Party Development Limited	54^th Applicant
	Kam Wang	55^th Applicant
	Choi Mou Ming	56^th Applicant
	Tam Mi Yuk Devon Clarice	57^th Applicant
	Fung Ka Cheung and Yung Sau Ling	58^th Applicant
	Choi Celine	59^th Applicant
	Speedy Business Limited	60^th Applicant
	Tse Shue Pui and Ho Yuen Shan	61^st Applicant
	Lee Ka Yin and Lee Ip Kit Yiu Miranda	62^nd Applicant
	Fung Chi Ping, Kong Chung Wong Michael	63^rd Applicant
	and Kong So Ngor Elizabeth
	Omura, Takeshi	64^th Applicant
	Spread Wing International Enterprise Limited	65^th Applicant
	Wellink Creations Limited	66^th Applicant
	Chan Mei Ka	67^th Applicant
	Wong Kin Wai David and Li Ching Po	68^th Applicant
	Tso Kwok Ching and Wong Yi Siu	69^th Applicant
	Cheung Siu Hang Agnes	70^th Applicant
	Cheng Sau Chi and Cheng Sau Han Lana	71^st Applicant
	Wong Yuet May Yumi and Chan King	72^nd Applicant
	Wong Yuet Ting Sandy	73^rd Applicant
	Tin Tin Development Limited	74^th Applicant
	Shum Chi Han Cindy	75^th Applicant
	Chung Kwok Yi and Li Kit Ling	76^th Applicant
	Kam Wang	77^th Applicant
	Lee Wai, Fung Chiu Ming Danny and Fung Cheuk Ming	78^th Applicant
	Chin Tai Pek	79^th Applicant
	Tse Yuk Chu and Chung Man Yee Barry	80^th Applicant
	Lin Koon Wah also known as Lin Koon Wah David and Cheung Fung Ying also known as Cheung Fung Ying Margaret	81^st Applicant
	Wong Wing Tak Gary	82^nd Applicant
	Chung Lup-Ng and Betty Yeung Pui-Tei	83^rd Applicant
	Central King Investments Limited	84^th Applicant
	International Bank of Asia Limited	85^th Applicant
	Siu Wai Ming and Chung Miu Har Juliana	86^th Applicant
	Yu Lai Sim	87^th Applicant
	Chau Wing Sang	88^th Applicant
	Norwich Profits Limited	89^th Applicant
	Shum Sheng Yin Yuk Betty	90^th Applicant
	Wu Po Chun, Wan Heung Wing and Wan Wai Keung	91^st Applicant
	Lee Sun Wah Hermony and Lam Nga Yu	92^nd Applicant
	Lai Sau Heem	93^rd Applicant
	Ho Siu Kai and Hon Shui Kuen	94^th Applicant
	Chong Wing Sze Eliza	95^th Applicant
	Kung Yick Ming, Joseph and Chan Ling Tai	96^th Applicant
	Lee Kar On	97^th Applicant
	Sino Venture Limited	98^th Applicant
	Li Chan Pui Chun	99^th Applicant
	Yew Wing Wai and Yew Lee Mary Lai Yung	100^th Applicant
	Mak Kar Lon and Mak Ka Wai	101^st Applicant
	Chan Kwai Wing	102^nd Applicant
	Yip Kwai Huen Herman and Mo Yuet Mui Karanda	103^rd Applicant
	Ho Pun Mee Lai	104^th Applicant
	Law Shiu Nga	105^th Applicant
	Lee Mei Mei	106^th Applicant
	Lai Wai Hung and Au Yeung Mei Wah Eva	107^th Applicant
	Ai Fung Company Limited	108^th Applicant
	Kuo Eng Pei and Tsang Enian	109^th Applicant
	Kwok Wai Hung and Wan Wai Ping Jennifer	110^th Applicant
	Singh Gurdev Brar and Brar Amar Kaur	111^th Applicant
	Shum Ma Lei	112^th Applicant
	Circle Angle Limited	113^th Applicant
	Accord International Investment Limited	114^th Applicant
	Recycle Development Limited	115^th Applicant
	Chiu Kam Wah and Tsang Siu King	116^th Applicant
	David Au Lau	117^th Applicant
	Chan Ying Chun	118^th Applicant
	Lam Hung Kong John Baptist and Chan Chun Han Eliza	119^th Applicant
	Cheung Lai Kwan Anny	120^th Applicant
	Chow Che Fai	121^st Applicant
	Wu Lung Chuen	122^nd Applicant
	Grand Medal Investments Limited	123^rd Applicant
	Cheung Chung Yee and Siu Yuk Kin	124^th Applicant
	Lo Lai Sim and Lai Chi Shing Ronald	125^th Applicant
	Wong Ming Lai	126^th Applicant
	Citiworld Consultants Limited	127^th Applicant
	Chen Wei and Au Kam Ling Alice	128^th Applicant
	Lee Yiu Kei and Leung Kwai Ling Loretta	129^th Applicant
	Chang Ivy	130^th Applicant
	Chan Pun Kei	131^st Applicant
	Cheung Mo Yan	132^nd Applicant
	Leung Luen Fai and Leung Virginia Yau Ling	133^rd Applicant
	Wong Sai Lun	134^th Applicant
	Lam Shing Tak Andrew and Chow Sze Yiu	135^th Applicant
	Ho Kim Pui Richard and Yeung Wai Yin	136^th Applicant
	Golden Standard Investment Limited	137^th Applicant
	Fong Hok Yee Louise	138^th Applicant
	Lee Tony and June Olive also known as June Kwok Ying Olive	139^th Applicant
	Chan Pok Lang	140^th Applicant
	Yeung Cheung On and Yu Wen Yen	141^st Applicant
	Yau Chi Wo and Wong Po Chun Jane	142^nd Applicant
	Cheung Kwong Fai and Lee Luen Fa	143^rd Applicant
	Leung Hong Yin and Leung Mei Ching Maria	144^th Applicant
	Graeme Francis Herbert Brechin	145^th Applicant
	Easy San International Limited	146^th Applicant
	Cheung Ying Wing and Li Yan	147^th Applicant
	Leung Sum Mai and Wu Kit Hing	148^th Applicant
	Active Action Industrial Limited	149^th Applicant
	Yip Koon Sang and Wong Ching Lai Theresa	150^th Applicant
	Regent Tact Limited	151^st Applicant
	Healflow Consultants Limited	152^nd Applicant
	Leung Tak Fai and Fok Siu Ping	153^rd Applicant
	Chen Yen Fei and Lee Yuk Suet	154^th Applicant
	Sit Bun and Sit Hon Ming	155^th Applicant
	Chang Sam Ho Samuel	156^th Applicant
	Jennie Cheung also known as Lam Cheung Chong Ho Jennie	157^th Applicant
	Wong Chi Pang Stephen and Chan Yau Ngan	158^th Applicant
	Pak Sze Man	159^th Applicant
	Lau Yick Wing and Leung Sui Lan Roginina	160^th Applicant
	Chan, Kwok Wai and Lo, Jennifer Agnes Kar Wing	161^st Applicant
	Indian Overseas Bank	162^nd Applicant
	Wong Yun Tai Grace Marie	163^rd Applicant
	Wong Eunice and Lee Ching Choy	164^th Applicant
	Chan Sze Hin and Lo Suk Yin	165^th Applicant
	Dorothy Fung Shun Wa	166^th Applicant
	Lam Wai Fong and Lim Wai Sum	167^th Applicant
	Ong Kwok Biu Albert, Wong Man Cheung, Wong Ming Ming and Wong Ming Lai	168^th Applicant
	Perfect Grade Limited	169^th Applicant
	Standard Brillant Limited	170^th Applicant
	Consolidated Unison Limited	171^st Applicant
	and
	Ng Tak Shing Kenny and Li Hau Ying	2^nd Respondent
	Eddystone Investment Company Limited	4^th Respondent
	Ma Fung Keung and Hui Chun Wah Rebecca	7^th Respondent
	Tse Hau Sang and Sze Chung Ming	9^th Respondent
	Wu Kee Kwong Louis, the person appointed to represent the estate of Wong Hay Lun Helen (deceased)	10^th Respondent
	Ng Sze So	11^th Respondent
	Tham Boonapinanchok and Au Yeung Fun	13^th Respondent
	Yu Hau Ling	14^th Respondent
	Lanford Trading Limited	18^th Respondent

_______________

Coram: H. H. Judge Chan, Presiding Officer of the Lands Tribunal

Date of Hearing: 24^th November, 2004

Date of Judgment: 25^th November, 2004

_______________

J U D G M E N T

_______________

1. This is an application made under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545 (“the Ordinance”) for an order of compulsory sale of Lai Sing Court, 13 and 15 Tai Hang Road.

2. Lai Sing Court is a development comprised of two blocks each of 22 storeys standing on a podium of two storeys. It was built and completed 35 years ago. It stands on Inland Lot 7903 and the Extension thereto (“the Lot and Extension”). There are 176 residential units and 176 car parking spaces.

3. At the commencement of the hearing, 171 out of 176 owners have become the Applicants which comprised of over 97% of the shares in the Lot and Extension.

4. There are four categories of Respondents. The 10^th Respondent is in the first category. This owner of a flat and a parking space has passed away. There is not yet any grant of probate or letters of administration. Her husband was thus appointed the personal representative to represent her estate in this application. There is evidence showing that, but for the lack of capacity, the husband would have chosen to join the Applicant’s.

5. The second category of Respondents are the 2^nd, 4^th, 7^th and 9^th Respondents. They could not have joined the Applicants because of a title defects. The assignments by which they obtained ownership of their interest in the development and the right to occupy their flats and parking spaces had failed to mention the Extension in the particulars of the Lot. Their titles could thus be defective. There is evidence that, but for the title problem, the 2^nd, 4^th, 7^th and 9^th Respondents would have joined the Applicants.

6. The third category are the 11^th, 13^th and 14^th Respondents. They were joined because they were the predecessors in title of the second category and they were joined to provide them an opportunity to make representations to the Tribunal, if any.

7. The last category is the 18^th Respondent. It was joined because it was the third mortgagee before the mortgaged unit was foreclosed in favour of the 85^th Applicant. It was not included in those foreclosure proceedings. Hence it was joined in this application to provide an opportunity for it to make representation to the Tribunal, if need be.

8. At the hearing only the first named 9^th Respondent Mr. Tse Hau Sang has appeared. None of the other Respondents have appeared or was represented at the hearing.

9. The first witness for the Applicants is Mr. Charles C. K. Chan, a professional valuer. Mr. Chan has prepared two valuation reports for the value of the units in the development. The first report assessed the open market values of the individual units and parking spaces as at 6^th August 2003. The total value of all the units and car parking spaces as at that date was $391 million. The second report assessed the open market values of the individual units and parking spaces as at 4^th October 2004. The total value of all the units and car parking space as at that date was $512 million. Mr. Chan also assessed the open market value of the whole development on redevelopment basis and, if vacant possession should be delivered up at the expiry of six months immediately after the sale of the property, the value would be at $1,209,000,000.

10. There has not been any challenge by any Respondent to Mr. Chan’s valuation. There is also no minority owner who cannot be found. It is therefore not necessary for the majority owner to satisfy the Tribunal that the value of the minority owner’s property as assessed is not less than fair and reasonable and not less than fair and reasonable when compared with the value of the majority owner’s property as assessed.

11. I now come to the existing conditions of Lai Sing Court. The second witness called by the Applicants is Mr. Wong Chi Ming who is a geotechnical expert. Lai Sing Court is bounded at the back and at the sides by slopes. It is supported by two retaining walls in the front. A search at the Urban Land Register of the Land Registry revealed various Dangerous Hillside Orders that had been issued to the Incorporated Owners under section 27A of the Buildings Ordinance. Mr. C. M. Wong estimated that a sum of $12.4 million would be required for carrying out the necessary investigations on these slopes and retaining walls and to execute the stabilization works. He also anticipated that a period of 21 months would be required to complete these works.

12. The third witness for the Applicants is Mr. Richard Wong Kwok Chuen, a chartered engineer. Mr. Richard Wong has prepared a structural assessment report dated 31 May 2004 in respect of the structural condition of the development. A summary of his findings are: -

“ (a) concrete spalling and cracks on structural members of the building are found.

(b) concrete cored compression test results show that 33.3% of the beam and 20% of the column/structural walls have less than the designed strength.

(c) there are serious under-provision of concrete cover in the building with 94.4% of the surveyed beams and 80% of the column/structural wall samples have concrete cover thickness less than that as designed. Without sufficient concrete cover, the structural frame of the building will be unable to perform its designed structural durability in case of fire.

(d) carbonation tests revealed that 100% slab samples and 72.2% beam samples show carbonation depth exceeding the concrete cover. The protection against corrosion of the steel reinforcing bars inside the concrete is lost and the corrosion of steel bars will take place faster. This will result in more concrete cracking and spalling defects in the carbonated structural elements. It will in turn cause gradual deterioration of the structural integrity of the building.

(e) the combined effect of inadequate concrete cover and carbonation will escalate the rate of corrosion of the steel reinforcing bars in the structural elements.”

13. Mr. Richard Wong also estimated the costs for the remedial works would be around $10 million. He further recommended that there should be a survey of spalling concrete once every two years to be carried out by professional engineers and remedial work should be carried out upon discovery of spalling defects.

14. The next witness is Mr. Benson Wong, a building surveyor. Mr. Benson Wong has carried out a detailed survey of the conditions of the development including the slopes and a number of units and identified various defects therein. He recommended various essential works to be done so as to make good the defects. The estimated costs for carrying out remedial works to the common areas and slopes including the estimated costs of the works recommended by Mr. C. M. Wong and Mr. Richard Wong came to a total of $54,136,979. In addition Mr. Benson Wong also recommended some preventive and improvement works to the common areas which would require an estimated cost of $5,974,560. For the individual flat owners, the total estimated costs to remedy their flats to normal tenantable conditions is $10,541,280. Given full cooperation by all the owners, Mr. Benson Wong estimated that these remedial works would take 19 months to complete.

15. I would also mention that Mr. Charles Chan has opined that the $54 million remedial works would only produce an enhancement in value of the development of $52 million. Hence the expenditure to be incurred for the remedial works will not produce an enhancement in value equivalent to it.

16. The fifth witness is the chairman of the Incorporated Owners of the development Mr. Yeung Kam Ming. Mr. Yeung gave evidence on the premature deteriorating conditions of the development, the unsatisfactory experience in the past of collecting funds from the owners for repairs, the lack of support in the implementation of repairs as recommended by the experts referred to above, and the owners’ attempts to attract developers to redevelop the development. I do not think the difficulty in collecting funds from the owners for repairs should drive me to make an order for sale as sought by the Applicants.

17. The last witness is Mr. Robert Wong who gave evidence on behalf of all the Applicants. He referred to a Development Agreement to which all Applicants have subscribed. He also referred to the fact that but for the title problems the 2^nd, 4^th, 7^th, 9^th and 10^th Respondents would have joined the Applicants.

18. There has been no challenge to any of the evidence called by the Applicants. On such evidence, I am satisfied that the redevelopment of the Lot and Extension is justified due to the state of repair of the existing development standing thereon. I am also satisfied that the majority owner has taken reasonable steps to acquire all the undivided shares in the Lot and Extension. I therefore make an order that all the undivided shares in the Lot and Extension be sold for the purposes of its redevelopment. I also appoint under section 4(1)(c)(i) Mr. Ma Ho Fai and Ms. Tsang May Ping, partners of Messrs. Woo, Kwan, Lee and Lo, to discharge the duties imposed on trustees under the Ordinance in relation to the Lot and Extension. I also authorize the trustees to charge remuneration for their services as trustees at the rate specified in a letter dated 23^rd October, 2004 from Woo, Kwan, Lee and Lo to Messrs. Johnson Stokes & Master and exhibited as RW-16 in the witness statement of Mr. Robert Yau Chung Wong dated 10^th November, 2004.

19. I do not make any order on compensation to tenants under section 4(6) of the Ordinance as no tenant has filed any Form 34 in the Lands Tribunal Rules to seek determination of compensation under the Ordinance.

20. I further direct that the sale of the Lot and Extension be by auction with a reserved price set at $1,209,000,000 and that the sale be on the particulars and conditions substantially the same as those in the draft initialed and approved by the Tribunal.

21. On the period for completion of the redevelopment, Mr. Charles Chan has adopted 4 ¹/₃ years bearing in mind the substantial amount of work to be done on the slopes and taking into account of the 6 months stipulated in section 8(1)(b)(ii) of the Ordinance for the occupation by the tenants. I am happy to specify a period of 5 years pursuant to paragraph 1(a) of the Third Schedule of the Ordinance so as to provide a buffer of 8 more months to cater for unforeseen problems. I understand that if Hong Kong Land should be able to acquire the Lot and Extension for the redevelopment, the owners would get a share of the profit to be generated by the redevelopment under the Development Agreement. Furthermore, under the Development Agreement, each of the owners would be given a new flat for them to own. I therefore do not wish to provide for a long period for the redevelopment as I do not wish to delay the availability of the new flats and the distribution of profit, if any, to the owners.

22. Finally I give liberty to the trustees, the Applicants and the Respondents to apply but would not make any order of costs.

	(H. H. Judge chan)
	Presiding Officer,
	Lands Tribunal

Mr. MOK Yeuk-chi, instructed by Messrs. Johnson Stokes & Master, for the 1^st to 171^st Applicants

The 1^st named 9^th Respondent in person

Mr. TSE Hau-sang, representative of the 2^nd named 9^th Respondent

The 2^nd, 4^th, 7^th, 10^th, 11^th, 13^th, 14^th and 18^th Respondents, absent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Key citations

Case Details

Citation

NGO CAM AND OTHERS v. NG TAK SHING KENNY AND OTHERS, LDCS 1000/2003

Case Number

LDCS 1000/2003

Court

Lands Tribunal

(LT)

Decision Date

25 November 2004

Parties

Applicant(s):

Respondent(s):