Share on LinkedInShare on LinkedIn

ARTICLE · 14 JUNE 2010

Caution to Majority Owners in Their Compulsory Sale Applications

Mayer Brown
Mayer Brown
Contributor
Mayer Brown

Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major...

View firm profile
Explore more from Mayer Brown

The Court of Appeal expressed its reservation on the correctness of the tests formulated by the Lands Tribunal relating to the meaning of "age" and "state of repair" of the building under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap.545) (the "Ordinance").

Hong KongLitigation, Mediation & Arbitration
FK Au
FK Au
Sally Tsoi
Sally Tsoi
Alan Yip
Alan Yip
Author LinkedIn connections

Originally published 11 June 2010

Keywords: Hong Kong, compulsory sale applications, Lands Tribunal,

The Court of Appeal expressed its reservation on the correctness of the tests formulated by the Lands Tribunal relating to the meaning of "age" and "state of repair" of the building under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap.545) (the "Ordinance").

In a recent Court of Appeal judgment in Fineway Properties Limited v Sin Ho Yuen Victor, the Administrator of the Estate of Sin Yat CACV 95/2009 (handed down on 28 May 2010), the Court of Appeal held that :

  1. The redevelopment value of a lot ("RDV"), once agreed by the parties, should not be re-opened merely because of lapse of time.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

US$1.8 Billion At Risk: Hong Kong’s Cross-Border Asset Preservation Power In The Zong Family Trust Dispute

When substantive proceedings unfold in one jurisdiction while key assets sit in another, can courts preserve those assets without determining ownership? The Hong Kong Court of Appeal's decision in Jacky Zong v Kelly Fuli Zong addresses this critical question in cross-border family wealth disputes, examining whether preservation orders under section 21M require proof of dissipation risk, whether applicants must first seek relief from foreign courts, and how disclosure orders can ensure effective asset preser
Hong KongLitigation, Mediation & Arbitration
Jincheng Tongda & Neal
Jincheng Tongda & Neal
Article

Hong Kong Sets Aside USD 481.6 Million Award: The Duty To Address The Defence Actually Advanced

The Hong Kong Court of First Instance set aside a USD 481.6 million arbitral award after finding that the tribunal failed to address the actual estoppel defence presented by the respondents. The court distinguished between a tribunal rejecting arguments on their merits versus failing to determine the essential issue actually advanced, emphasizing that tribunals must address the specific case presented rather than a materially different question.
Hong KongLitigation, Mediation & Arbitration
Aceris Law
Aceris Law
Article

Trump Administration Announces New Enforcement Actions Against Employers In H-1B And PERM Fraud Probes

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...
United StatesImmigration
Mayer Brown
Mayer Brown
Article

AI Regulation In Singapore And Hong Kong: A Mid-Year Checkpoint

Singapore and Hong Kong continue to regulate artificial intelligence through existing laws and voluntary frameworks rather than comprehensive AI statutes, but the first half of 2026 has brought sharper emphasis on practical controls including agentic AI governance, assurance and testing, financial-sector oversight and cyber resilience. Both jurisdictions are building concrete expectations around risk management, transparency, human accountability and operational safeguards while avoiding horizontal AI legis
GlobalStrategy
Mayer Brown
Mayer Brown
Article

DOL Announces New Enforcement Policy For Mental Health Parity Nonquantitative Treatment Limitation Requirements

The US Department of Labor has issued new guidance establishing a streamlined framework for enforcing mental health parity requirements under MHPAEA, focusing enforcement on three priority areas while maintaining nonenforcement of controversial 2024 rule provisions. This guidance aims to reduce compliance burdens on plan sponsors while ensuring participants maintain access to mental health and substance use disorder benefits comparable to medical and surgical coverage.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Russia/Ukraine Sanctions Update - Month Of August 2026

This monthly update tracks the latest developments in Russia/Ukraine sanctions across US, EU, and UK jurisdictions, covering new designations, general license extensions, legislative proposals, and enforcement actions. The update also examines Russia's countermeasures, including shadow fleet expansion and legal restrictions on foreign investors, while highlighting international coordination efforts by Switzerland, Canada, and New Zealand.
GlobalInternational Law
Mayer Brown
Mayer Brown
Article

European Union Adopts 21st Package Against Russia & Parallel Sanctions On Belarus

The European Union has adopted its 21st package of sanctions against Russia and Belarus, significantly expanding restrictions across finance, energy, crypto, and military-industrial sectors. This comprehensive package introduces 218 new designations, freezes the oil price cap, imposes stricter LNG controls, and closes loopholes while reinforcing measures to discourage third-party sanctions evasion. The sanctions also strengthen protections for EU operators and facilitate business exits from Russia.
European UnionInternational Law
Mayer Brown
Mayer Brown
Article

SEC Staff Statement On Fair Value Measurement And Disclosure Considerations For Private Assets

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.
United StatesAccounting and Audit
Mayer Brown
Mayer Brown
Article

Trump’s China Visit Will Likely Extend Trade Truce, While Points Of Friction Remain

President Trump's May 2026 state visit to China yielded agreements on trade boards, agricultural purchases, and tariff stability, but tensions persist over export controls and military company designations. As both nations pursue "strategic stability," multinational companies face increasing compliance conflicts from competing regulatory frameworks. Will the planned bilateral forums successfully navigate friction points in semiconductors, rare earths, and defense sectors?
ChinaInternational Law
Mayer Brown
Mayer Brown
Article

EU AI Act News: Digital Omnibus On AI, New Guidance On Risk Classification, GPAI, And Transparency Obligations

The European Union's Artificial Intelligence Act continues to evolve with significant regulatory updates that reshape compliance timelines and clarify key obligations. Recent developments include the Digital Omnibus on AI, which extends implementation deadlines for high-risk systems and introduces new prohibitions on harmful AI applications, alongside comprehensive guidance from the European Commission on classification criteria, transparency requirements, and general-purpose AI model obligations.
European UnionIntellectual Property
Mayer Brown
Mayer Brown