The Incorporated Owners of Blocks F1 to F7 of Pearl Island Holiday Flats v. Fullwill Property Management Ltd.

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

BUILDING MANAGEMENT APPLICATION

Application No. LDBM 273 of 2000

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RULING ON JURISDICTION

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1. The jurisdiction of the Lands Tribunal has to be determined by reference to s.45 and Schedule 10 of the Building Management Ordinance. For that purpose, Schedule 7 Para 8 is irrelevant.

2. Schedule 10 Para 5(c) refers to a manager within the meaning of s.34D(1). The definition of manager under that section confines that to a manager who for the time being is managing the building.

3. The Respondent does not fit within that description and the rationale of Universal Property v in respect of Ying Ga Garden [1997] 4 HKC 349 applies. The present proceedings concern the powers and duties of an ex-manager rather than a manager. I therefore hold that the case does not fall within Para. 5(c) of the Tenth Schedule.

4. However, I accept that the present proceedings concern the interpretation and enforcement of Para 8 of the Seventh Schedule of Building Management Ordinance, hence it is within Para 1 of the Tenth Schedule.

5. I am satisfied that the Lands Tribunal does have jurisdiction to deal with the matter subject to the necessary amendment to the Form 29. I give leave to the applicant to amend the Form 29 by deleting the reference to Para 5(c) of the Tenth Schedule and replacing it with reference to Para 1.