Full legislation
s.8
Jurisdiction of the Tribunal
(1)
The Tribunal shall have jurisdiction to determine the amount of compensation
(if any) payable by the Government in respect of any claim submitted to it under any
Ordinance specified in the
Schedule
.
(2)
The Tribunal shall have jurisdiction to determine the amount of compensation (if
any) payable by the Government in respect of any claim submitted to it under an
Ordinance other than an Ordinance specified in the
Schedule
if—
(a)
the claim arises from any action taken by or on behalf of the Government in
connexion
with—
(i)
the compulsory acquisition of land or any interest therein;
(ii)
the extinguishment or variation of any rights pertaining to
land;
(iii)
the creation of any easements in, over or under any land; or
(iv)
the authorization of any undertaking affecting any land or any interest
therein; and
(b)
the claim is submitted to the Tribunal for determination by agreement by or
on behalf of both the Government and the claimant.
(3)
Subsection (2) shall apply notwithstanding any other provision made in any such
Ordinance for the determination of any such claim.
(4)
The Tribunal shall have jurisdiction to determine any appeal submitted to it
for determination under any Ordinance specified in the
Schedule
.
(5)
The Tribunal shall have such other jurisdiction as may be vested in it under
any Ordinance including any Ordinance specified in the
Schedule
.
(Amended
27 of 1993 s. 43
)
(6)
The Tribunal shall have jurisdiction to make an order for the recovery of
possession of any premises or for the ejectment of a tenant from those premises,
whether under the Landlord and Tenant (Consolidation) Ordinance (
Cap. 7
) or otherwise.
(Replaced
3 of 2008 s. 36
)
(7)
(Repealed
3 of 2008 s. 36
)
(8)
The Tribunal shall have jurisdiction, in any application for possession or for
ejectment, under the Landlord and Tenant (Consolidation) Ordinance (
Cap. 7
) or otherwise, and in any application for a new
tenancy under Part IV of that Ordinance, whether or not it grants any such
application, to make one or more of the following
orders—
(Amended
3 of 2008 s. 36
)
(a)
an order for the payment of rent and mesne profits (including interim
payments of rent and mesne profits);
(b)
an order for the payment of any other money which is due under the tenancy
or sub-tenancy;
(c)
an order for the disposal of any property left in the premises concerned by
the tenant or sub-tenant;
(Amended
36 of 2021 s. 9
)
(d)
an order for the payment of damages in respect of any breach of a condition
of the tenancy or
sub-tenancy;
and
(Added
30 of 1983 s. 2
. Amended
32 of 2002 s. 40
;
3 of 2008 s. 36
;
36 of 2021 s. 9
)
(e)
an order for the payment of any compensation within the meaning of
section 120AAZK
of that Ordinance.
(Added
36 of 2021 s. 9
)
(8AA)
The Tribunal has jurisdiction, on an application, to determine whether any
tenancy is a regulated tenancy for the purposes of
Part IVA
of the
Landlord and Tenant (Consolidation) Ordinance (
Cap. 7
).
(Added
36 of 2021 s. 9
)
(8A)
The Tribunal shall have jurisdiction to determine any claim or counterclaim or
set-off and counterclaim transferred to it under
section 7
or
10
of the Small Claims Tribunal Ordinance (
Cap. 338
).
(Added
28 of 1999 s. 18
)
(9)
In the exercise of its jurisdiction, the Tribunal shall have the same
jurisdiction to grant remedies and reliefs, equitable or legal, as the Court of
First Instance.
(Added
30 of 1983 s. 2
. Amended
27 of 1993 s. 43
;
25 of 1998 s. 2
)
(10)
The jurisdiction conferred by subsections (6) and (8) in respect of tenancies
to which Part IV or V of the Landlord and Tenant (Consolidation) Ordinance (
Cap. 7
) applies is subject to the repeal of certain
provisions of those Parts by the Landlord and Tenant (Consolidation) (Amendment)
Ordinance 2004 (
16 of 2004
).
(Added
16 of 2004 s. 16
. Amended
3 of 2008 s. 36
)
(11)
(Repealed
3 of 2008 s. 36
)
(12)
Except as provided by any other Ordinance, the Tribunal does not have
jurisdiction to make an order for the costs of and incidental to a dispute in
relation to which no proceedings have been commenced in the Tribunal.
(Added
3 of 2008 s. 36
)