[LTPD: Review No. 1/2009]
Direction Issued by the President of the Lands Tribunal
Pursuant to Section 10(5)(a) of the
Lands Tribunal Ordinance (Cap. 17)
Review Procedure
1. The Lands Tribunal (“the Tribunal”) has the power to review its decision pursuant to section 11A of the Lands Tribunal Ordinance, Cap. 17 (“the Ordinance”). Section 11A(1) to (4) of the Ordinance stipulates that:-
| “ | (1) | The Tribunal may, within 1 month from the date of any decision by it, decide to review that decision and, on such grounds as it may think sufficient, may set aside, reverse, vary or confirm it. | |
| (2) | The Tribunal may act under subsection (1)- | ||
| (a) on the application of any party; or | |||
| (b) on its own motion, | |||
| and on notice to all other parties to the proceedings. | |||
| (3) | If the Tribunal shall have decided, within 1 month from the date of any decision, to exercise its power of review in respect thereof, such power may be exercised at any time thereafter whether within such period of 1 month or otherwise. | ||
| (4) | The Tribunal may, in any review, hear and receive any evidence it thinks fit for the purpose of determining the issue between the parties.” | ||
2. As decided in CLP Power Hong Kong Limited v. Commissioner of Rating and Valuation, LDRA 536/1999 & 48 others, the review process under section 11A of the Ordinance is a two-stage process and the other parties have a right to be heard at both stages. First, the Tribunal has to consider whether an application for review should be entertained. If the Tribunal decided that there should be a review, then the review will proceed. That will be the second stage. At the second stage, as provided under section 11A(4), the Tribunal may hear and receive evidence it thinks fit for the purpose of determining the issues between the parties.
3. As far as the first stage is concerned, it is clear from the wordings of section 11A(1) and (3) of the Ordinance that the Tribunal has to decide whether there should be a review and that decision has to be made within one month from the date of the decision under review.
4. However, as happened in many instances, when a party applies for a review shortly before the one-month time limit expires, there will be insufficient time to serve the review application on the other parties or to allow the other parties to respond. That would effectively deprive the other parties the right to be heard.
5. In order to afford the other parties an opportunity to present their objections at the first stage of the review process and to deal with this stage in a more efficient and costs saving manner, the following procedure shall be adopted:-
(1) A party seeking review of a decision of the Tribunal shall make the review application by way of an inter partes summons substantially in accordance with the Form attached to this Practice Direction.
(2) The review application must be supported by an affidavit or affirmation stating all the grounds of the review.
(3) The review application and the supporting affidavit or affirmation must be filed with the Registrar and served by the party making the application on all the other interested parties not less than 5 working days (excluding Saturdays) before the end of the one-month period stipulated in section 11A(1) of the Ordinance, and the party making the review application must file an affidavit or affirmation of service within 3 working days (excluding Saturdays) after the service.
(4) After receiving the review application and the supporting affidavit or affirmation, the other parties must file and serve their written submission in response to the review application within 3 working days (excluding Saturdays), failing which the Tribunal shall make the first stage decision by considering the supporting affidavit or affirmation of the party making the review application only.
(5) Unless otherwise ordered by the Tribunal, the Tribunal shall deal with the first stage decision on papers without a hearing.
(6) If the Tribunal decides to entertain a review application, a hearing date will be fixed to deal with the second stage of the review process, and all the parties concerned will be notified by the Registrar to attend the hearing accordingly.
(7) If the Tribunal decides not to review its decision, the Registrar shall give written notice of the Tribunal’s decision to the parties accordingly.
6. This Practice Direction shall take effect on 1 July 2009.
Dated this 21st day of May 2009.
| (Johnson Lam) | |
| President, Lands Tribunal |
