Full legislation
s.53A
Restriction on order for possession for rebuilding
(1)
The Tribunal shall not make an order for possession of premises on the ground
mentioned in paragraph (c) of
section 53(2)
unless, in addition, it is
satisfied
that—
(a)
the rebuilding will result in an increase in the number of dwellings or in
accommodation for domestic use or in accommodation for other than domestic use;
and, if for other than domestic use, the site of the premises is suitable for
the intended use; or
(b)
the rebuilding is in the public interest; or
(c)
the expenditure required to restore or repair the premises would not be
economically reasonable,
and, where the approval or authority of any person is required in respect of
the rebuilding, the Tribunal
may—
(i)
state that it is satisfied as mentioned in paragraph (c) of
section
53(2)
and this subsection, if that be the case;
(ii)
postpone the hearing of the application to enable the landlord or principal
tenant to apply for that approval or authority; and
(iii)
if that approval or authority is obtained, but not otherwise, make an order
for possession of the premises.
(2)
Where the Tribunal grants an order for possession on the grounds mentioned in
paragraph (c) of
section 53(2)
, it may impose any reasonable condition on
the landlord in relation to his intention to rebuild the premises and shall order
that compensation be paid to the tenant
and—
(a)
that plans of the new building showing the number and size of any dwellings
to be erected be lodged with the Tribunal and that the new building be erected
to provide that number of dwellings; and
(b)
that the rebuilding work (including any demolition that is required) be
commenced, and the new building be ready for occupation, on the dates
ordered.
(Amended
29 of 1983 s. 16
;
32 of 1985 s. 13
)
(2A)
For the purposes of any review under
section 11A
of the Lands
Tribunal Ordinance (
Cap. 17
), the time limit mentioned
in that section shall not apply to a decision, other than in relation to the payment
of compensation, under subsection (2).
(Added
29 of 1983 s. 16
)
(3)
The Commissioner shall cause an order of the Tribunal under this section to be
registered by memorial in the Land Registry against the premises affected and the
conditions imposed under subsection (2) shall be binding on and enforceable against
any successors in title to the landlord.
(Amended
8 of 1993 s. 2
)
(4)
(a)
The compensation ordered by the Tribunal under subsection (2) shall
be—
(i)
where the rateable value of the premises does not exceed $30,000, an
amount equal to 7 times the rateable value;
(ii)
where the rateable value of the premises exceeds $30,000 and does not
exceed $60,000, $210,000 plus 5 times the amount by which the rateable value
exceeds $30,000;
(iii)
where the rateable value of the premises exceeds $60,000 and does not
exceed $90,000, $360,000 plus 3 times the amount by which the rateable value
exceeds $60,000;
(iv)
where the rateable value of the premises exceeds $90,000, $450,000 plus
the amount equivalent to that by which the rateable value exceeds
$90,000.
(Replaced
L.N. 153 of 1996
)
(b)
Where a tenant has sublet premises or any part of premises, the
compensation payable under this subsection shall be apportioned by the Tribunal
so that a sub-tenant shall be entitled to receive a portion of the compensation
payable under paragraph (a) which is just and equitable.
(Amended
40 of 1984 s. 20
)
(c)
Where it appears that premises or any part of premises is sublet, the
Tribunal may call upon the Commissioner for a certificate as to which part of
the premises is occupied by a sub-tenant and such a certificate purporting to be
signed by or on behalf of the Commissioner shall be admissible in evidence for
the purposes of paragraph (b) upon its mere production without further proof,
subject to the right of any party, including any sub-tenant, to cross-examine
the Commissioner or a public officer in his department nominated by the
Commissioner for that purpose.
(d)
For the purposes of this
subsection—
premises
(
處所
) means the subject matter of a
tenancy;
(Amended
E.R.
4 of
2020
)
rateable
value
(
應課差餉租值
)
means—
(a)
in the case of premises being a tenement that was, at the date of
the application for an order for possession on the ground mentioned in
section 53(2
)(
c)
, included in the valuation list in force
under
section 14
of the Rating Ordinance (
Cap. 116
), the rateable value of those
premises contained in that list on that date (disregarding any amendment
or alteration to that list made after that date, even if
retrospective);
(Amended
22 of 1995 s. 36
)
(b)
in any other case, the rateable value that would have been
contained in that list on that date had the premises been included in
that list, a certificate signed by the Commissioner as regards the
premises for the purposes of this section being final and binding as to
such value.
(Replaced
53 of 1993 s. 21
. Amended
E.R. 4 of
2020
)
(e)
The method of calculating the compensation mentioned in paragraph (a) may
be amended by resolution of the Legislative Council.
(Replaced
40 of 1984 s. 20
)
(f)
Where an order for possession on the ground mentioned in
section 53(2
)(
c)
is made pursuant to an application made before
the
commencement
*
of the Landlord and
Tenant (Consolidation) (Amendment) Ordinance 1993 (
53 of
1993
), the definition of
rateable
value
in paragraph (d) shall be construed as if each reference to the date of the
application were a reference to the date of that commencement.
(Added
53 of 1993 s. 21
. Amended
E.R. 4 of
2020
)
(5)
(a)
Where there is a breach of a condition imposed under paragraph (a) of
subsection (2) which results in fewer dwellings or less accommodation being
erected than appeared in the plans lodged, the Tribunal may, on the application
of the Commissioner, impose a penalty of a sum not exceeding what would have
been the market value, at the time of the imposition, of the building if it had
been erected in accordance with the plans.
(b)
Where there is a breach of a condition imposed under paragraph (b) of
subsection (2), the Tribunal may, on the application of the
Commissioner—
(Amended
E.R.
4 of 2020
)
(i)
where the applicant for an order for possession holds the premises
under a Government lease or other tenancy from the Government, decree such
breach to be a breach of covenant in the Government lease or of a condition
or stipulation in the tenancy and a right of re-entry under the Government
Rights (Re-entry and Vesting Remedies) Ordinance (
Cap. 126
) shall accrue to the Government; or
(Amended
29 of 1998 s. 5
)
(ii)
in any case, impose a penalty not exceeding the market value of the
premises at the time of the imposition of the penalty.
(c)
Where there is a breach of any other condition imposed under subsection
(2), the Tribunal may, on the application of the Commissioner, impose a penalty
of a sum not exceeding $500,000.
(6)
In this section,
dwelling
(
住宅
) has the meaning given to that phrase by
section 50C(1)
.