LANDS TRIBUNAL ORDINANCE

LANDS TRIBUNAL ORDINANCE

LAWS OF HONG KONG

LANDS TRIBUNAL ORDINANCE

CHAPTER 17





CHAPTER 17

LANDS TRIBUNAL ORDINANCE

ARRANGEMENT OF SECTIONS

Section
Page

1. Short title . ... ... ... ... ... . ... ... ... ... ... ... ... ... 2

2. Interpretation .. ... ... ... . ... ... ... ... ... ... ... ... 2

3. Establishment of Lands Tribunal. ... ... ... ... ... ... ... 2

4. Constitution of Tribunal ... ... . ... ... ... ... ... ... ... ... 2

5. Appointment of deputy of the President ... . ... ... ... ... ... ... 2

6. Acting appointments of President ... ... ... ... ... ... ... 3

7. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... 3

7A. Officers of the Tribunal .. . ... ... ... ... ... ... ... ... 3

7B. Protection of registrar .. ... ... ... ... ... ... ... ... ... ... 3

7C. Registrar may apply for order ... ..... ... ... ... ... ... ... 4

8. Jurisdiction of the Tribunal ... ... ... ... ... ... ... ... ... 4

8A.Transfer of proceedings to the High Court or the District Court .. 5

9.Exercise of the Tribunal's jurisdiction .. ..... 5

10.Practice and procedure of Tribunal ... ... ... ... .. ... ... ... 6

11. Decisions of Tribunal final ... ... ... ... ... ... .... ... ... 8

11A. Review of decision ..... ... ... ... ... ... ... ... ... 8

12. Costs ... ... ... . ... ... ... ... ... ... ... ... ... ... ... 9

13. Compensation, etc. determined by Tribunal payable out of general revenue....9

14. Saying in respect of other Ordinance ... . .. ... ... ... ... ... ... 9

15. Governor's power to amend Schedule ..... ... ... ... ... ... 10

Schedule. Ordinances under which matters may be submitted to the Tribunal for

determination .... .............- ....... ... .... ... ... ... ... 10





CHAPTER 17

LANDS TRIBUNAL

To establish a Lands Tribunal and to provide for matters connected
therewith.

[1 December 1974.]

1. This Ordinance may be cited as the Lands Tribunal Ordinance.

2. In this Ordinance, unless the context otherwise requires

'President' means the president of the Lands Tribunal appointed under
section 4;

'presiding officer' means a presiding officer appointed under section 4;
(Added, 49 of 1982, s. 2)

'qualified in law' means qualified for appointment as a District Judge
under section 5 of the District Court Ordinance;

'registrar' means the Registrar of the District Court; (Added, 21 of
1977, s. 2. Amended, 49 of 1982, s. 2)

'Tribunal' means the Lands Tribunal established under section 3.

3. There shall be a tribunal to be known as the Lands Tribunal
which shall be a court of record.

(Amended, 49 of 1982, s. 3)

4. (1) The Tribunal shall consist of a president, presiding officers
and such other members as may be appointed under subsection (4).

(2) The President shall be one of the Judges of the Supreme Court
and shall be appointed by the Governor.

(3) The presiding officers shall be District Judges and shall be
appointed by the Governor.

(4) The other members shall be such other persons appointed by
the Governor as are qualified in law or, in the opinion of the Governor,
sufficiently experienced in the practice of land valuation or some other
subject relevant to the proceedings of the Tribunal to qualify them to sit
as members of the Tribunal.

(Replaced, 49 of 1982, s. 4)

5. (1) If the President is temporarily unable to exercise his functions
as the president of the Tribunal, the Chief Justice may appoint any
presiding officer of the Tribunal to act as the deputy of the President for
such period as the Chief Justice may specify.





(2) A presiding officer of the Tribunal appointed under subsection
(1) to act as the deputy of the President may exercise the powers and
perform the duties of the President during the period of his appointment.

(Amended, 49 of 1982, s. 5)

6. (1) If the President is precluded by illness, absence from Hong
Kong or any other cause from exercising his functions as the president
of the Tribunal, the Chief Justice may appoint any presiding officer to
act as the president of the Tribunal for such period as the Chief Justice
may specify. (Amended, 49 of 1982, s.6)

(2)[Deleted, 49 of 1982, s. 6]

7.[Repealed, 49 of 1982, s. 7]

7A. (1) There shall be attached to the Tribunal a registrar and such
number of deputy registrars, assistant registrars, bailiffs, clerks,
interpreters and other officers as the Governor may consider necessary.

(2) In addition to the powers and duties conferred or imposed by or
under this Ordinance or any other enactment, the registrar, any deputy
registrar, assistant registrar, bailiff, clerk, interpreter and other officer
attached to the Tribunal may exercise such powers and perform such
duties, insofar as the same are applicable to the business of the
Tribunal, as those respectively exercised or performed by the registrar,
deputy registrar, assistant registrar, bailiff, clerk, interpreter or other
officer attached to the Supreme Court.

(3) Any act which by or under this Ordinance or any other
enactment is required or authorized to be done by the registrar may be
performed by a deputy registrar or assistant registrar of the Tribunal and
any process of the Tribunal may be executed by any bailiff thereof
notwithstanding that it may have been directed personally to some
other bailiff.

(Added, 21 of 1977, s. 3)

7B.(1) No action shall be brought against the registrar for-

(a)any act done or omitted to be done by any bailiff without -
directions from the registrar; or

(b)any directions given to any bailiff with regard to the execution
or non-execution of process if

(i) such directions are in accordance with an order from the
Tribunal under section 7C and

(ii) no material fact is wilfully misrepresented or suppressed
by the registrar.

(2)In this section and in section 7C-

'registrar' includes a deputy registrar and assistant registrar.

(Added, 21 of 1977, s. 3)





7C. The registrar may, in case of doubt or difficulty, apply
summarily to the Tribunal for an order for the direction and guidance of
a bailiff, and the Tribunal may make such order in the matter as may
seem just and reasonable.

(Added, 21 of 1977, s. 3)

8. (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.

(6) The Tribunal shall have jurisdiction to make orders for
possession under the Landlord and Tenant (Consolidation) Ordinance,
including an order for possession to take effect on termination of the
current tenancy where it does not make an order for the grant of a new
tenancy under section 119G of that Ordinance. (Added, 49 of 1982, s. 8.
Amended, 30 of 1983, s. 2)

(7) The Tribunal shall have jurisdiction to make orders for
possession or for ejectment in relation to premises to which Part 1, or
tenancies or sub-tenancies to which Part 11, Part IV or Part V of the
Landlord and Tenant (Consolidation) Ordinance applies where the
contractual period of a tenancy or sub-tenancy has been terminated by
forfeiture, by surrender or by notice to quit given by the landlord





to the tenant, the tenant to the landlord, the principal tenant to the sub-
tenant or the sub-tenant to the principal tenant. (Added, 30 of 1983, s. 2.
Amended, 32 of 1985, s. 27)

(8) The Tribunal shall have jurisdiction, in any application for
possession or for ejectment, under the Landlord and Tenant
(Consolidation) Ordinance 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 orders for the payment of rent, mesne
profits, including interim payments of rent and mesne profits, and for the
payment of any other money which is due under the tenancy or sub-
tenancy. (Added, 30 of 1983, s. 2)

(9) In the exercise of its jurisdiction, the Tribunal shall have the
same jurisdiction to grant remedies and reliefs, equitable or legal, as the
District Court. (Added, 30 of 1983, s. 2)

8A. (1) the Tribunal may transfer to the High Court or the District
Court any proceedings instituted before the Tribunal which are within
the jurisdiction of the High Court or the District Court, but which

(a)are not within the jurisdiction of the Tribunal; or

(b)the Tribunal considers should in the interests of justice be so
transferred.

(2) Proceedings may be transferred under subsection (1) at any
stage.

(3) Where the Tribunal transfers proceedings under subsection (1)
the practice and procedure of the High Court or, as the case may be, the
District Court shall thereafter apply.

(Added, 32 of 1985, s. 27)

9. (1) Subject to the provisions of this section, the jurisdiction of
the Tribunal shall be exercised by one or more of its members selected
by the President and in respect of any proceedings before the Tribunal
in which the President selects more than one member he shall designate
which member shall preside at the hearing.

(I A) For the purpose of achieving consistency in the application of
the law by the Tribunal, the President shall endeavour, wherever
practicable, to exercise the jurisdiction of the Tribunal in any case which,
in his opinion, is likely to involve any new or difficult point of law or
which, having regard to the nature or amount of the claim or any other
factor, is of special importance. (Added, 49 of 1982,s.9)

(2) The President may select another member of the Tribunal in
substitution for a member previously selected to hear any proceedings
before the Tribunal, including any proceedings which have been part
heard.

(3)[Deleted, 49 of 1982, s. 9]





(4)(a) A member may, subject to any directions given by the
President under section 10(4), appoint any person who has
specialized knowledge or experience of a particular subject to
sit and assist him in any proceedings or part of any
proceedings before the Tribunal; but the decision of the
member shall be the decision of the Tribunal.

(b)Where the Tribunal receives advice from a person appointed
under paragraph (a), the Tribunal shall advise the parties of
the nature of that advice and allow them the opportunity,
before the Tribunal's determination of the proceedings, to
comment on that advice. (Replaced, 49 of 1982, s. 9)

(5) Subject to subsection (6), any difference between the members
exercising the jurisdiction of the Tribunal shall be decided by the
majority of votes, and in the event of an equality of votes the member
presiding at the hearing shall be entitled to a second or casting vote.

(6) If, during any proceedings before the Tribunal-

(a)a point of law arises which is disputed by any party to the
proceedings; and

(b)the Tribunal hearing those proceedings does not include a
member qualified in law, (Replaced, 80 of 1978, s. 2)

the point of law may be determined by the President or a presiding
officer, who may for such purpose take part, in such proceedings in
such manner as he thinks fit. (Amended, 49 of 1982, s. 9)

(7) [Deleted, 49 of 1982, s. 91

(8) It shall be sufficient if any document made or issued by the
Tribunal is signed by the presiding member or registrar. (Amended, 21
of 1977, s. 4)

(9) [Deleted, 49 of 1982, s. 9]

10. (1) The Tribunal shall have the powers which are vested in the
High Court in the exercise of its civil jurisdiction in respect of the
following matters

(a) the attendance, examination and payment of witnesses;

(b)the hearing of any matter with the assistance of an assessor
or assessors;

(c)the consolidation or hearing of any matters;

(d)the punishment of persons guilty of contempt;

(e)the ordering of inspection of any premises or place;

(f)the entering and viewing of any premises or place;

(g)the enforcement of decisions, judgments and orders;

(h)the making of orders as to interim payments;

(i)the making of orders in default of any action by a party,





and, so far as it thinks fit, may follow the practice and procedure of the
High Court in the exercise of its civil jurisdiction. (Amended, 49 of 1982,
s. 10 and 30 of 1983, s. 3)

(2) Without prejudice to the generality of the powers vested in it
under subsection (1), the Tribunal may

(a)on the application of any party to any proceedings before it,
or of its own motion, order any party to the proceedings to
disclose to the Tribunal the existence of any document which
is in the power of such party to produce and which the
Tribunal considers is or may be material to the determination
of the matter being heard by the Tribunal;

(b)order any party to any proceedings before it-

(i) to produce to the Tribunal any document which it may
require and which is in the power of such party to
produce;and

(ii) to afford to any. other party to the proceedings an
opportunity to examine any such document or copy thereof
and to take copies thereof,

(c)together with the parties to any proceedings before it and any
expert witness of any such party, enter on and inspect any
land, premises or place which relates to the proceedings before
the Tribunal or any land, premises or place contiguous or
adjacent thereto; and

(d)for good cause, enlarge the time, whether or not that time has
already expired, fixed by any Ordinance

(i) for the giving of any notice, either before or after any
proceedings have commenced;

(ii) for the taking of any step in any proceedings; or

(iii) for the filing or lodging of any document in any
proceedings. (Added, 30 of 1983, s. 3)

(3) The Chief Justice after consultation with the President may
make rules prescribing- (Amended, 49 of 1982, s. 10)

(a)the form of any document to be made or issued by any party
or intending party for the purpose of any proceedings before
the Tribunal;

(b)the fees payable in respect of any proceedings before the
Tribunal;

(c)the practice and procedure to be followed in any proceedings
before the Tribunal or in any appeal from a decision of the
Tribunal in so far as no provision is made therefor in this
Ordinance;

(d)the evidence which may be required or admitted in any
proceedings before the Tribunal; (Added, 80 of 1978, s.3)

(e)the award, taxation and recovery of costs; and (Added, 49 of
1982, s. 10)





provisions generally for the better operation of this Ordin-

ance.(Added, 49 of 1982, s. 10)

(4)The President may-

(a)determine any form of document to be made or issued by the
Tribunal;

(b)determine any matter of procedure and practice in so far as no
provision therefor is made under this Ordinance; and

(c)give directions as to the distribution and disposal of the
business of the Tribunal. (Replaced, 49 of 1982, s. 10)

(5)(a) The proceedings of the Tribunal shall be conducted with as
much informality as is consistent with attaining justice and, for
this purpose, the President may give directions as to the
manner and form in which proceedings shall be conducted.

(b)Directions by the President under paragraph (a) may be given
in such manner as he thinks fit and need not be published in
the Gazette. (Added, 49 of 1982, s. 10)

(6) The Tribunal may admit in evidence any statement, document,
information or matter, whether or not it would otherwise be admissible in
evidence and attach such weight to it as may be appropriate in the
circumstances. (Added, 49 of 1982, s. 10)

11. (1) Subject to subsection (2) and section 11A the decision of
the Tribunal in determining- (Amended, 49 of 1982, s. 11)

(a)the amount of compensation payable by the Government in the
case of any claim submitted to it under section 8(1) or (2); or

(b) any appeal submitted to it under section 8(4),

shall be the final determination thereof.

(2) Subject to the provisions of any Ordinance relating to appeals
from the Tribunal, any party to proceedings before the Tribunal may
appeal to the Court of Appeal against a determination or order of the
Tribunal on the ground that such determination or order is erroneous in
point of law.

(3) Subject to subsection (4), any appeal under subsection (2) shall
be brought in such manner and shall be subject to such conditions as
are prescribed by the Rules of the Supreme Court.

(4)The time within which a notice of appeal must be served

shall be calculated from the date of the making of the determination
or order appealed against.

(Amended, 80 of 1978, s. 4 and 30 of 1983, s. 4)

11A. (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.(Replaced, 30 of 1983, s. 5)





(2) The Tribunal may act under subsection (I)-

(a) on the application of any party; or

(b) on its own motion,

and on notice to all other parties to the proceedings. (Replaced, 49 of
1982, s. 12)

(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.
(Added, 41 of 1984, s. 2)

(Added, 80 of 1978, s. 5)

12. (1) Subject to the provisions of the Ordinance giving the
Tribunal jurisdiction in any matter, the Tribunal may award costs to and
against any party to any proceedings and may order that those costs be
taxed on the basis of any one of the Scales of Costs set out in the First
Schedule to the District Court Civil Procedure (Costs) Rules and the
Schedules to Order 62 of the Rules of the Supreme Court.

(2) Subject to any rules made by the Chief Justice under section
10(3), Order 62 of the Rules of the Supreme Court shall apply to the
award, taxation and recovery of costs in the Tribunal.

(Replaced, 49 of 1982, s. 13)

13.Subject to the provisions of any other Ordinance-

(a)any sum of money determined by the Tribunal as
compensation payable by the Government in any case
submitted to the Tribunal under section 8 and any interest
payable thereon;

(b)any sum of money determined by the registrar as remu-
neration to, or emoluments or expenses of, any person
appointed by a member to assist the Tribunal in the hearing
of any proceedings before the Tribunal; (Amended, 49
of 1982, s. 14)

(c)[Deleted, 49 of 1982, s. 14]

(d)any costs awarded by the Tribunal against the Government in
any proceedings before the Tribunal,

shall be paid out of the general revenue of the Government.

14. (1) In exercising its jurisdiction under this Ordinance, the
Tribunal shall make its determination in accordance with the provisions
of the Ordinance under which the matter is submitted to it for
determination and in accordance with the provisions of any subsidiary
legislation made thereunder. (Amended, 49 of 1982, S. 15)





(2) [Deleted, 49 of 1982, s. 15]

15. The Governor may, by order published in the Gazette, amend
the Schedule.

SCHEDULE [ss. 8 & 15.)

ORDINANCES UNDER WHICH MATTERS MAY BE
SUBMITTED TO THE

TRIBUNAL FOR
DETERMINATION

Chapter Short title
7. Landlord and Tenant (Consolidation) Ordinance. (Added, 49
of 1982, s. 16)
116. Rating Ordinance.
124. Crown Lands Resumption Ordinance.
127. Foreshore and Sea-bed (Reclamations) Ordinance. (Replaced,
63 of 1985, s. 21)
130. Land Acquisition (Possessory Title) Ordinance. (Added, 41 of
1983,s. 14)
208. Country Parks Ordinance. (Added, 41 of 1984, s. 3)
276. Mass Transit Railway (Land Resumption and Related Pro-
visions) Ordinance. (Added, 80 of 1978, s. 6)
301. Hong Kong Airport (Control of Obstructions) Ordinance.
311. Air Pollution Control Ordinance. (Added, 23 of 1987, s. 19)
337. Demolished Buildings (Re-development of Sites) Ordinance.
358. Water Pollution Control Ordinance. (Added, 42 of 1985, s. 6)
370. Roads (Works, Use and Compensation) Ordinance. (Added, 49
of 1982, s. 16)
Originally 62 of 1974. 21 of 1977. 80 of 1978. 37 of 1982. 49 of 1982. 30 of 1983. 41 of 1983. 41 of 1984. 32 of 1985. 42 of 1985. 63 of 1985. 23 of 1987. L.N. 246/74. Short title. Interpretation. (Cap. 336.) Establishment of Lands Tribunal. Constitution of Tribunal. Appointment of deputy of the President. Acting appointments of President. Officers of the Tribunal. Protection of registrar. Registrar may apply for order. Jurisdiction of the Tribunal. Schedule. Schedule. (Cap. 7.) (Cap. 7.) Transfer of proceedings to the High Court or the District Court. Exercise of the Tribunal's jurisdiction. Practice and procedure of Tribunal. Decisions of Tribunal final. (Cap. 4, sub. leg.) Review of decision. Costs. (Cap. 336, sub. leg.) (Cap. 4, sub. leg.) (Cap. 4, sub. leg.) Compensation, etc. determined by Tribunal payable out of general revenue. Saving in respect of other Ordinance. Governor's power to amend Schedule.

Originally 62 of 1974. 21 of 1977. 80 of 1978. 37 of 1982. 49 of 1982. 30 of 1983. 41 of 1983. 41 of 1984. 32 of 1985. 42 of 1985. 63 of 1985. 23 of 1987. L.N. 246/74. Short title. Interpretation. (Cap. 336.) Establishment of Lands Tribunal. Constitution of Tribunal. Appointment of deputy of the President. Acting appointments of President. Officers of the Tribunal. Protection of registrar. Registrar may apply for order. Jurisdiction of the Tribunal. Schedule. Schedule. (Cap. 7.) (Cap. 7.) Transfer of proceedings to the High Court or the District Court. Exercise of the Tribunal's jurisdiction. Practice and procedure of Tribunal. Decisions of Tribunal final. (Cap. 4, sub. leg.) Review of decision. Costs. (Cap. 336, sub. leg.) (Cap. 4, sub. leg.) (Cap. 4, sub. leg.) Compensation, etc. determined by Tribunal payable out of general revenue. Saving in respect of other Ordinance. Governor's power to amend Schedule.

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