Cap. 337 - Demolished Buildings (Re-development of Sites) Ordinance

To make provision concerning the re-development of sites of certain demolished buildings, and the compensation of certain tenants for loss of possession, and for purposes connected with the matters aforesaid. [11 January 1963](Format changes—E.R. 5 of 2020) 1. Short title This Ordinance may be cited as the Demolished Buildings (Re-development of Sites) Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—Building Authority (建築事務監督) includes any person authorized to exercise the powers of the Building Authority under the Buildings Ordinance (Cap. 123);Director (署長) means the Director of Buildings; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)final award (最終判給額) means the amount awarded under section 7 or, if the amount is reduced under section 8, the amount as so reduced; (Replaced 76 of 1981 s. 60)Land Registry (土地註冊處) means the Land Registry established under the Land Registration Ordinance (Cap. 128); (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)lease (租契) includes an agreement for a lease and a tenancy agreement;owner (擁有人) does not include a mortgagee;protected building (受保障建築物) means a building to which Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) applies or at the relevant date applied, and it also means a building to any part of which that Part applies or so applied;protected tenant (受保障租客) means a tenant or sub-tenant at the relevant date of a protected building or part thereof but only where and to the extent Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) applies or at the relevant date applied to the subject matter of his tenancy;re-development notice (重新發展通知書) means a notice served by the Director under section 3;re-development order (重新發展令) means an order made by the Director under section 4;the relevant date (有關日期) in relation to any protected building means—(a) where an order has been made under section 26 of the Buildings Ordinance (Cap. 123) requiring the demolition of the building, the date of service of the order; or(b) where a fire or other calamity has occurred in consequence whereof the building has been demolished or certified by the Building Authority as being so dangerous as to require demolition, the date of the fire or calamity.(2) The duties imposed on and the powers granted to the Director under this Ordinance may be carried out and exercised by any officer of the Buildings Department authorized by the Director either generally or particularly and subject to his instructions. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) 3. Premises made subject to Ordinance (1) Where under section 26 of the Buildings Ordinance (Cap. 123) the Building Authority serves an order in respect of a protected building requiring the demolition thereof, or where the Building Authority certifies that, as a result of fire or other calamity occurring after the commencement* of this Ordinance, a protected building has been demolished or has in his opinion been rendered so dangerous as to require demolition, the Director may, within 3 months of the service of the order or the occurrence of the fire or other calamity, serve notice in writing on the owner of the property comprising such building declaring that the property has become subject to the provisions of this Ordinance.(2) The Director shall cause a copy of such notice to be served on any person appearing from the Land Registry registers to have an interest in such property, and such notice shall be registered in the Land Registry by a memorial thereof signed by the Director. (Amended 8 of 1993 s. 2) Editorial Note: * Commencement date: 11 January 1963. 4. Order for re-development (1) Where a re-development notice has been served in respect of any property, the Director may, within 3 months of the date of service thereof, by order in writing served on the owner require the re-development of the site of the property, within such time as he may prescribe, by the replacement of the building thereon or formerly thereon with a new, sound and substantial building, completed fit for occupation, conforming to the covenants, conditions and stipulations of the Government lease, and, subject to the provisions of the Buildings Ordinance (Cap. 123), of no less gross floor area than the building replaced. The owner may, within 21 days of the date of service of such order or such extended time as the Lands Tribunal may allow, appeal to the Lands Tribunal against such order. (Amended 62 of 1974 s. 16; 73 of 1984 s. 2)(2) Any order served under subsection (1) shall within one month of such service be registered in the Land Registry by a memorial thereof signed by the Director, and a copy of such order shall be served also on any person appearing from the Land Registry registers to have any interest in such property. (Amended 8 of 1993 s. 2)(3) Upon the expiry of the time limited for appeal against an order made under subsection (1), or, in the event of an appeal, where such order is confirmed or another order is substituted therefor, the requirements made in such order or substituted order shall be deemed to be covenants, conditions or stipulations in the Government lease of the property to which the order relates, and thereafter failure to comply with any such requirement shall entitle the Government to re-enter upon the property under and in accordance with the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126).(Amended 29 of 1998 s. 65) 5. Extinguishment of rights of protected tenants and compensation therefor Where a re-development notice has been served in respect of any property—(a) Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) shall cease to apply to any part of any building comprised in the property, and the protected tenants shall cease to have any rights of occupation or possession in any such building; and(b) every protected tenant shall be entitled to compensation in accordance with the provisions of this Ordinance from the person who was the owner of such property immediately before such notice was served. 6. Assessment of incremental value (1) Where a re-development notice has been served in respect of any property, the Director of Lands or any officer authorized by him shall assess the incremental value thereof, which shall be the amount by which the market value of the property with vacant possession after the service of such notice exceeds what was the market value of the property in occupation prior to the service by the Building Authority of the order for demolition or prior to the fire or other calamity occasioning the issue under section 3 of the certificate of the Building Authority, as the case may be.(2) The Director of Lands or any officer authorized by him shall give notice of such assessment to the owner of the property and to any person appearing from the Land Registry registers to have a mortgage on the property, and in addition he shall communicate it to any other person, not being a tenant, who makes application in writing to him and who he considers has good grounds for requiring such information. (Amended 8 of 1993 s. 2)(3) The owner or any mortgagee so notified may, within 14 days of such notification, appeal to the Lands Tribunal against the assessment. (Amended 62 of 1974 s. 16)(Amended L.N. 291 of 1993) 7. Claims for compensation (1) Where a re-development notice has been served in respect of any property, there shall be published in the Gazette and (with a translation in Chinese) affixed to the property, a copy of the notice together with, save where the Director of Lands or any officer authorized by him has found that no incremental value exists, a statement to the effect that protected tenants may apply in accordance with the provisions of subsection (2) to the Lands Tribunal to determine the amount of compensation payable to them. (Amended 76 of 1981 s. 60; 68 of 1995 s. 19)(2) Within 3 weeks of the date of publication of the copy of the re-development notice in the Gazette, or such extended time as the Lands Tribunal may in its discretion allow, any protected tenant may, save where he and the owner of the property in respect of which the re-development notice has been served have entered into an agreement in writing for the payment of compensation or where the Director of Lands or any officer authorized by him has found that no incremental value exists, apply to the Lands Tribunal to determine the amount of compensation to which he is entitled under this Ordinance. (Amended 76 of 1981 s. 60; 68 of 1995 s. 19)(3) (Repealed 76 of 1981 s. 60)(4) (Repealed 58 of 1975 s. 2)(5)-(10) (Repealed 76 of 1981 s. 60)(11) For the purposes of this section and of sections 8 and 9, owner (擁有人) shall be deemed to include a mortgagee. 8. Reduction of awards in excess of incremental value (1) If the sum of the awards made by the Lands Tribunal, together with any amounts agreed to be paid to other protected tenants by the owner by way of compensation exceeds the assessment of the incremental value, the owner may, within 14 days of the notification of such awards, apply to the Lands Tribunal for the reduction of the awards made. (Amended 76 of 1981 s. 60)(2) On an application being made under subsection (1) the Lands Tribunal shall proceed to determine the amount of compensation which it would have awarded to every protected tenant with whom the owner has entered into an agreement in writing for the payment of compensation had the tenant applied to the Lands Tribunal under section 7(2), and if the total (hereinafter referred to as the said total) of the amounts which it would have so awarded and of the amounts which it has awarded or such amounts as may have been substituted therefor on any appeal, exceeds the said assessment, the Lands Tribunal shall reduce the amounts which it has awarded to amounts which bear the same proportion to the amounts awarded as the said assessment does to the said total. (Amended 76 of 1981 s. 60; 68 of 1995 s. 20)(3) The reduced awards shall be notified to the tenants in respect of whom they were made, to the owner and to the Director. 9. Payment of compensation (1) The final awards shall be published in the Gazette, and shall be registered in the Land Registry by a memorial thereof signed by the Director. Such awards shall be payable within 3 weeks of the notification thereof. (Amended 8 of 1993 s. 2)(2) Where any protected tenant who has been awarded compensation in accordance with section 7 does not, within the period limited by subsection (1), demand payment of the compensation awarded to him, the owner may deposit with the Treasury the sum awarded together with any interest accrued due thereon under subsection (5).(3) Any such sum so deposited may, within a period of 5 years from the date of such deposit, be claimed by the person entitled thereto and, upon any such claim being substantiated, shall be paid to the person so entitled.(4) At the expiration of the said period of 5 years, any such sum remaining unpaid shall be transferred to the general revenue. (Amended 71 of 1971 s. 3; 68 of 1995 s. 21)(5) In the event of any sum awarded as compensation not being paid within the period limited by subsection (1) or deposited with the Treasury in accordance with subsection (2) within 1 week thereafter, the sum awarded shall bear interest at the rate of 10 per cent per annum from the expiry of the period within which it should have been paid in accordance with subsection (1) until payment or deposit under subsection (2). (Amended 76 of 1981 s. 60) 10. Enforcement of awards (1) The final awards may be enforced against the person liable to pay such compensation in the same manner as a judgment of the High Court. (Amended 25 of 1998 s. 2)(2) Where—(a) a re-development notice has been served in respect of any property, and(b) any person liable to pay, or whose interest in the property is or may be made subject to a charge for, compensation under this Ordinance has applied for permission to carry out building works, other than demolition, in relation to that property,the Building Authority may refuse to grant such permission until he is satisfied that all sums due to the protected tenants by way of compensation under this Ordinance (whether under an award or under an agreement) of which the Government has notice have been paid to the persons entitled thereto or have been deposited with the Treasury under section 9(2). 11. Provisions where property resumed by the Government (1) Where a re-development notice has been served in respect of any property and the Government has resumed the same either in accordance with the terms of the Government lease under which the property is held or under the provisions of the Lands Resumption Ordinance (Cap. 124), there shall be deducted from the compensation payable by the Government to the owner in respect of the resumption all sums due to the protected tenants by way of compensation under this Ordinance (whether under an award or under an agreement) of which the Government has notice. (Amended 29 of 1998 s. 66)(2) Any such sum deducted shall be paid by the Government to the person entitled thereto or, if such person cannot be found, shall be deposited with the Treasury.(3) Any such sum so deposited may, within a period of 5 years from the date of such deposit, be claimed by the person entitled thereto, and, upon any such claim being substantiated, shall be paid to the person so entitled.(4) At the expiration of the said period of 5 years, any such sum remaining unpaid shall be transferred to the general revenue. (Amended 71 of 1971 s. 3; 68 of 1995 s. 21)(5) Where any sum is deducted under subsection (1), no interest shall accrue thereon after the date of deduction. 12. Charge for compensation awarded (1) Upon the registration in the Land Registry under section 9(1) of a final award, the amount of such award and any interest accrued or thereafter accruing thereon shall, until the compensation and interest are paid, constitute a charge on the property in respect of which the compensation has been awarded in favour of The Financial Secretary Incorporated in trust for the person or persons entitled to the compensation and interest. (Amended L.N. 63 of 1975; L.N. 180 of 1985; 8 of 1993 s. 2)(2) Without prejudice to the priority of instruments executed prior to the commencement* of this Ordinance a charge created by subsection (1) shall have priority over all other instruments affecting the property against which the charge is registered executed after such commencement.(3) For the purpose of enforcing any such charge, The Financial Secretary Incorporated shall have all the same powers and remedies as are, under the Conveyancing and Property Ordinance (Cap. 219), and otherwise, available in Hong Kong to a mortgagee under a legal charge or equitable mortgage by deed, and the provisions of the said Ordinance which apply where a mortgagee exercises any such power or avails himself of any such remedy shall apply where The Financial Secretary Incorporated exercises any such power or avails himself of any such remedy. (Amended L.N. 180 of 1985; 61 of 1999 s. 3) Editorial Note: * Commencement date: 11 January 1963. 13. (Repealed 72 of 1971 s. 3) 14. Determination of appeals under sections 4 and 6 (1) In determining an appeal under section 4 the Lands Tribunal may confirm or set aside the re-development order and may substitute therefor any other re-development order which it thinks proper and which could have been made by the Director. (Amended 68 of 1995 s. 22)(1A) In determining an appeal under section 6 the Lands Tribunal may confirm or set aside the incremental value and may substitute therefor any other incremental value which it thinks proper and which could have been made by the Director of Lands or any officer authorized by him. (Added 68 of 1995 s. 22)(2) The decision of the Lands Tribunal shall set out the matters for which allowance is made in making its determination and such decision shall be final.(Replaced 62 of 1974 s. 16) 15. Service of notices and orders Service of any notice, communication or order which may be given or served under the provisions of this Ordinance may be effected—(a) personally; or(b) by registered post addressed to the last known place of business or residence of the person to be served; or(c) by leaving the same with an adult occupier of the premises to which the notice, communication or order relates; or(d) by posting the same upon a conspicuous part of such premises: Provided that in addition to or in substitution for any such method of service the publication in the Gazette of such notice or order together with the available particulars of the person to whom it is addressed shall be deemed to be good service. 16. (Repealed 68 of 1995 s. 23) 17. Saving of rights of Government and powers of Building Authority Nothing in this Ordinance shall be deemed to take away or affect—(a) any rights of the Government or any remedies of the Government for the enforcement of, or otherwise in respect of, such rights; or (Amended 29 of 1998 s. 67)(b) any powers of the Building Authority under the Buildings Ordinance (Cap. 123).