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I) Possession cases
Filing an application
A landlord who wishes to make an application under
the Landlord and Tenant (Consolidation) Ordinance,
Cap. 7 or under the Common Law has to file with the
Registrar of the Tribunal a notice of application
substantially in accordance with Form 22 in order
to set out the nature of the application. A filing
fee is charged. The applicant should complete the
notice of application, either in person or by an authorised
person (with letter of authorisation). The notice
of application may be completed either in English
or Chinese.
For an application based on the termination of a tenancy by a transitional termination notice served pursuant to section 5(2) of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004, Form 22A is used instead of Form 22. Likewise, for an application based on the ground of self-use pursuant to section 7(1) of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004, Form 22B is used.
Service of notice of application
The applicant must serve a copy of the notice of application, which bears the seal of the Tribunal, on the respondent not later than 7 days from the date it was filed.
Service may be effected by delivering the copy to the respondent personally, or by leaving it for him or her at, or sending it by ordinary post to, his last known or usual place of abode or business in Hong Kong. If there is a letter box for the address for service or for the last known or usual place of abode or business in Hong Kong, it may be effected by enclosing the copy in a sealed envelope addressed to the respondent and inserting it into the letter box. If such service proves unsuccessful, the Tribunal may, on application, order "substituted service", i.e. state what steps must be taken to bring the notice of application to the attention of the respondent.
The applicant must also post a copy of the notice of application in a conspicuous place on or at the entrance to the subject premises for which the possession order is sought as soon as practicable after the notice of application has been filed. A notice to occupiers informing them about the application should also be posted up in similar manner on 3 consecutive days.
The applicant must file an affirmation or affidavit of service (Form 30) within 3 days from the date of service.
Notice of opposition
A respondent wishing to oppose the application must file with the Registrar a notice of opposition (Form 7) stating the grounds of opposition within 7 days from the date of service of the notice of application. The respondent must also serve a copy of the notice of opposition on the applicant. A filing fee is charged.
Default judgment
Where no notice of opposition has been filed, the applicant may apply to the Tribunal in writing for an order to be made in terms of the application without trial.
Listing for hearing
Where a notice of opposition has been filed, the Registrar shall list the application for hearing as soon as practicable and give notice of the hearing to all parties. The notice shall not be less than 14 clear days or such other period as may be agreed by the parties.
II) Building management cases
Filing an application
Form 27 is used to commence an application for an order to convene an owners' meeting to appoint a management committee under section 4 of the Building Management Ordinance, Cap. 344. Such an application is made by the owners of not less than 10% of the shares, or the Secretary for Home Affairs or his authorised officer.
Where an owner, a registered mortgagee, an administrator or the Secretary for Home Affairs or his authorised officer seeks to dissolve a management committee and appoint an administrator or to remove and replace an administrator under section 31 of the Building Management Ordinance, Cap. 344, Form 29 is used.
Form 29 is also used for all applications under the Tenth Schedule to the Building Management Ordinance, Cap. 344.
Form 27 and Form 29 have to be filed with the Registrar of the Tribunal and served on the respondent.
Service of notice of application
Service of the notice of application may be effected by delivering it to the respondent personally or by leaving it for him or sending it by ordinary post addressed to him at his last known or usual place of abode or business in Hong Kong. If there is a letter box for the address for service or for the last known or usual place of abode or business in Hong Kong, it may be effected by enclosing the copy in a sealed envelope addressed to the respondent and inserting it into the letter box, or in such other manner as the Tribunal may direct.
Notice of opposition
The respondent must, if he wishes to oppose the application, within 21 days from the date of service of the application, file with the Tribunal and serve on the applicant a notice of opposition (Form 7).
Listing for hearing
Where a notice of opposition has been filed, or the time limited for filing has elapsed and no notice of opposition has been filed, any party to the application, on giving notice to all other parties, may apply to the Registrar by way of Form 31 to list the application for hearing.
III) Compensation cases
There are different types of compensation cases. They are governed by different ordinances, such as the Lands Resumption Ordinance, Cap. 124, the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance, Cap. 276 and the Roads (Works, Use and Compensation) Ordinance, Cap. 370. Parties bringing proceedings under these various ordinances should observe the respective rules laid down in these ordinances as well as the respective procedural requirements laid down in the Lands Tribunal Rules, Cap. 17.
IV) Compulsory sale cases
Filing an application
A party seeking for an order for sale under section 3(1) of the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545 must file with the Registrar of the Tribunal a notice of application substantially in accordance with Form 32.
Service of notice of application
The applicant must cause a copy of the notice of application to be served on each minority owner of the land in question not later than 7 days after it is filed.
The notice of application must also be registered under the Land Registration Ordinance, Cap. 128 not later than 7 days after it is filed.
In addition, the applicant must cause a copy of the notice as specified in Part 2 of Schedule 1 to the Land (Compulsory Sale for Redevelopment) Ordinance in the Chinese and English languages to be affixed and published in a Chinese language newspaper and an English language newspaper not later than 7 days after filing of the notice of application.
The applicant must file with the Registrar of the Tribunal an affidavit of service, an affidavit of the registration, an affidavit of affixture and an affidavit of the publication after such actions are effected.
Notice of opposition
The respondent, if he wishes to oppose the application, must file with the Registrar of the Tribunal a notice of opposition and serve a copy of it on the applicant within 21 days of the service of the notice of application on him.
Listing for hearing
The Registrar of the Tribunal shall serve a copy of the notice of hearing on all parties concerned.
V) Appeal cases
There are different types of appeal cases under different ordinances. Parties should observe the requirements under the respective ordinances as well as the relevant requirements in the Lands Tribunal Rules, Cap. 17. The most common appeal cases are brought under the Rating Ordinance, Cap. 116.
Under the Rating Ordinance, appeals may be brought to the Tribunal against the decision on the assessment of rateable value made by the Commissioner of Rating and Valuation. Two kinds of situations give rise to such appeals:
a) Under Section 37 of the Rating Ordinance
Any person not satisfied with the rateable value assessed by the Commissioner in respect of a premises may, within the months of April and May, serve a proposal form on the Commissioner for alteration of the rateable value. Aggrieved persons include owners, occupiers and agents for owners. The Commissioner will give notice of his or her decision, either confirming or varying the original assessment.
b) Under Section 40 of the Rating Ordinance
Any owner or occupier (not any person as under Section 37) aggrieved by the Commissioner's decision on the corrections, deletions, and interim valuations may lodge a notice of objection within 28 days from the date of issuance of such decision. The Commissioner will consider the objection and notify the owner or occupier of his decision, either confirming or reducing the interim valuation.
Any person on whom a notice of the decision has been served by the Commissioner may, within 28 days from the date of such service, appeal to the Tribunal against the decision.
If any party is not satisfied with any decision of the Tribunal, the correct and effective step is to apply for review or appeal with the procedures prescribed by the law. The procedures are briefly stated below.
Filing and serving of appeal
Within 28 days of the service of the Commissioner's notice of decision, the appellant must file with the Registrar of the Tribunal a notice of appeal (Form 19) together with a copy of the Commissioner's decision and serve a copy of the notice of appeal on the Commissioner, who is the respondent in the appeal.
Notice of opposition
Within 21 days from the date of the service of the notice of appeal, the Commissioner may file with the Registrar of the Tribunal and serve on the appellant a notice of opposition (Form 7) if he wishes to oppose the appeal.
Listing of hearing
The appellant must, within 14 days from the date of the service of the notice of appeal, make an application in writing to the Registrar of the Tribunal for a date to be fixed for the hearing of the appeal, and serve a copy of the application on the Commissioner. If such an application is not made within the time specified, the appeal shall lapse. |
