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LDCS 1000/2023
[2026] HKLdT 18
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
LAND COMPULSORY SALE MAIN APPLICATION NO 1000 OF 2023
__________________________
| BETWEEN |
|
|
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OR PUI KWAN |
Applicant |
| |
and |
|
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Transtar Holdings Limited (祥達集團有限公司) |
1st Respondent |
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(Discontinued) |
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Ching Po Yi (程寶儀), the appointed representative of the estate of Lee Lim Chu (李念珠) deceased |
2nd Respondent |
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Ip Hang Jim Shirley (葉幸沾) |
3rd Respondent |
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|
(Discontinued) |
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Lo Kwai Yeung (羅桂養) and Fung Wan Ying (馮雲英) |
4th Respondent |
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(Discontinued) |
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Au Wing Keung (區永強), the appointed representative of the estate of Lee Nui (李女) deceased |
5th Respondent
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__________________________
| Before: |
Her Honour Judge LJ Cruden, Presiding Officer of the Lands Tribunal, and Mr Edwin W. K. CHAN, Temporary Member of the Lands Tribunal |
Dates of Trial: Date of Closing Submission |
20-21, 23 & 26-30 May 2025 2 October 2025 |
| Date of Handing Down of Judgment: |
1 April 2026 |
| Date of Corrigenda: |
29 April 2026 |
________________
CORRIGENDA
________________
Please note the following corrigenda for the Judgment dated 1 April 2026:
1. Page 5, 1st line, paragraph 10, “Mr Mok Yeuk Chi” should read “Mr Jonathan Lee”.
2. Pages 24 to 25, paragraph 71, the table should be replaced by:
| Comparable |
Basement, No. 25 Staunton Street |
| Transaction Date |
20 January 2021 |
| OP Date |
1965 |
| Consideration |
$13,000,000 |
| Effective Area |
55.37 sq m |
| Headroom |
2.9 m |
| Effective Unit Rate |
$234,784/sq m |
| Adjustment |
| Item |
KF |
Mr C W Wong |
LT |
Remarks |
| Time |
-3.6% |
No dispute |
| Location |
-15% |
-10% |
-10% |
Mr C W Wong’s view is taken |
| Age |
-0.7% |
No dispute |
| Size |
-4% |
-9.5% |
-10% |
Adopting LT’s approved effective area of the basement floor unit of 109.74 sq m and KF’s Threshold Approach of 2% for every 10 sq m difference |
| Street Exposure |
-25% |
-20% |
-25% |
The main entrance of the basement does not have frontage on GS. KF’s view is taken |
| Internal Condition |
-2% |
0 |
-2% |
No inspection has been made to the comparable. Assuming the internal condition of it as “fair”, KF’s view is taken |
| Total Adjustment |
-42.6% |
-37.6% |
-43% |
|
| Adjusted Effective Unit Rate |
$234,784 x 0.57 = $133,827/sq m say $134,000/sq m |
3. Pages 26 to 27, paragraph 73, the table should be replaced by:
| Floor |
Portion |
Assignment Area (sq m) |
Approved Extended Area (sq m) (about) |
Discount Factor as Falling within Common Area (*) |
Conversion Factor |
Effective Area (sq m) |
| SB |
SB1 |
10.47 (Workshop) |
- |
- |
1/4 |
2.62 |
|
SB2 |
- |
14.69 (Workshop) |
0.75 |
1/4 |
2.75 |
|
SB3 – SB7 |
These portions are the Unauthorized Extended Area of the Building. Any potential enhancement value should not be taken into account as the related UBW structures will cause obstruction to means of fire escape constituting obvious hazard or imminent threat to life or property and that the chance of enforcement action from the relevant authorities is not low. |
| B |
B1 |
74.85 (Workshop) |
- |
- |
1 |
74.85 |
|
B2(a) |
- |
13.92 (Packing Space) |
0.75 |
1 |
10.44 |
|
B2(b) |
- |
3.3 (Covered Yard) |
0.75 |
1/4 |
0.62 |
|
B3 |
- |
22.9 (Workshop) |
0.75 |
1 |
17.18 |
|
B4 |
- |
6.8 (Covered Yard) |
0.75 |
1/4 |
1.28 |
|
B5 – B8 |
Same situation of SB3 –SB7 above. |
|
B9 |
Though the extended area has the approval of BD according to an A & A Plan, the structure has been demolished without authorization. Thus there is no enhancement in value. |
| Sub-total |
|
|
|
|
109.74 |
(Note*: Mr C W Wong suggests no discount is required. KF suggests a discount factor of 0.1 is necessary. The Tribunal considers a discount factor of 0.75 is reasonable to reflect that the respective area is part of the common area of the Building.)
4. Page 27, 3rd to 4th lines, paragraph 74, “$137,000 / sq m x 104.37 sq m = $14,298,690 (say $14,300,000)” should read “$134,000 / sq m x 109.74 sq m = $14,705,160 (say $14,710,000)”.
5. Pages 27 to 28, paragraph 75, the table should be replaced by:
| Properties |
Market Value (EUV) |
| Basement Unit (including Sub - Basement) |
$14,710,000 |
| Ground Floor Shops |
$86,150,000 |
| Sub-total of Non-domestic Units |
$100,860,000 |
| Sub-total of Upper Floor Domestic Units |
$100,763,000 |
| Total |
$201,623,000 |
| KF |
($196,682,037) |
| Mr C W Wong |
($219,664,000) |
6. Page 56, 2nd line, paragraph 156, “$201,213,000” should read “$201,623,000”.
7. Page 62, 2nd line, paragraph 172(5), “HK$13,791,010” should read “HK$14,000,000”.
8. Pages 67 to 68, paragraph 190, the table should be replaced by:
| Respondent |
Offer in 2022 |
EUV as determined by the Tribunal |
| R2 (4/F Block C) |
$7,619,00018 |
$4,215,000 |
| R5 (Basement of Block E, Block F & Sub-Basement) |
$20,622,00019 |
$14,710,000 |
Dated this 29th day of April 2026
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(CHOI Wai Hin, Marvin)
Clerk to Her Honour Judge LJ Cruden |
18 (C2/386-394)
19 (C3/530-547)
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