| An Ordinance to enable persons who own a specified majority of the undivided shares in a lot to make an application to the Tribunal for an order for the sale of all of the undivided shares in the lot for the purposes of the redevelopment of the lot; to enable the Tribunal to make such an order if specified criteria are met; and for matters incidental thereto or connected therewith. [7 June 1999] L.N. 104 of 1999 (Originally 30 of 1998) Cap 545 s 1 Short title (1) This Ordinance may be cited as the Land (Compulsory Sale for Redevelopment) Ordinance. (2) (Omitted as spent) Cap 545 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 14 of 2002 s. 3 (1) In this Ordinance, unless the context otherwise requires- "auction" (拍卖), in relation to a lot, means the auction of the lot pursuant to section 5(1)(a); "building" (建筑物) means a building within the meaning of the Buildings Ordinance (Cap 123); "directions" (指示) means directions under section 4(6); "lis pendens" (待决案件) means a lis pendens- (a) within the meaning of section 1A of the Land Registration Ordinance (Cap 128); and (b) which is registered under that Ordinance;"lot" (地段)- (a) means- (i) any piece or parcel of ground the subject of a Government lease; (ii) a section which by virtue of section 8(3) or 27(2) of the Government Rent and Premium (Apportionment) Ordinance (Cap 125) is deemed to be a lot for the purposes of that Ordinance; (Amended 14 of 2002 s. 3)(b) includes a section and subsection of a lot;"majority owner" (多数份数拥有人), in relation to a lot- (a) means the person or persons who has or have made an application under section 3(1) in respect of the lot; and (b) includes any person who becomes a successor in title to any such person or persons at any time before a purchaser of the lot becomes the owner of the lot where the lot is the subject of an order for sale;"minority owner" (少数份数拥有人), in relation to a lot which is the subject of an application under section 3(1)- (a) means the person or persons who- (i) owns or own undivided shares in the lot otherwise than as a mortgagee; but (ii) is or are not the person or persons who has or have made the application; and(b) includes any person who becomes a successor in title to any such person or persons at any time before a purchaser of the lot becomes the owner of the lot where the lot is the subject of an order for sale;"mortgage" (按揭) means a security over a lot (including an undivided share in a lot) for securing money or money's worth; "mortgagee" (承按人) includes any person claiming under a mortgagee but does not include a mortgagee in possession; "order for sale" (售卖令) means an order under section 4(1)(b)(i); "property" (物业) means immovable property; "purchaser" (购买者), in relation to a lot the subject of an order for sale, means the purchaser of the lot at an auction (or, where section 5(1)(b) is applicable, the purchaser of the lot by the other means referred to in that section); "redevelopment" (重新发展), in relation to a lot, means the replacement of a building on (or formerly on) the lot; "tenancy" (租赁) includes a sub-tenancy; "tenant" (租客) includes a sub-tenant; "Tribunal" (审裁处) means the Lands Tribunal; "trustees" (受讬人), in relation to an order for sale, means the trustees appointed under the order. (2) References in this Ordinance to an application under section 3(1) shall be construed to include any documents required by that section or Schedule 1 to accompany the application. (3) It is hereby declared that- (a) for the purposes of- (i) the definition of "minority owner"; and (ii) the definition of "majority owner" as read with section 3(1), a mortgagee in possession of any property on a lot shall be deemed to be the owner of the undivided shares in the lot which relate to that property;(b) where there is any inconsistency between the provisions of this Ordinance and the provisions of the Trustee Ordinance (Cap 29) in relation to the trustees under an order for sale, the provisions of this Ordinance shall prevail over the provisions of the Trustee Ordinance (Cap 29) to the extent of that inconsistency; (c) for the purposes of this Ordinance, the purchaser of a lot the subject of an order for sale does not become the owner of the lot until the purchaser of the lot is the legal owner of all the undivided shares in the lot. Cap 545 s 3 Application to Tribunal for compulsory sale of lot (1) Subject to subsection (5), the person or persons who owns or own, otherwise than as a mortgagee, not less than 90% of the undivided shares in a lot may make an application- (a) accompanied by a valuation report as specified in Part 1 of Schedule 1; and (b) to the Tribunal for an order to sell all the undivided shares in the lot for the purposes of the redevelopment of the lot.(2) Without prejudice to the operation of subsection (5), an application under subsection (1) may cover- |
