In Well Honour Development Ltd v The Director of Lands of Lands Department Headquarters [2024] HKCFI 2221, the Court dismissed an application for judicial review made by the assignee of a deceased former owner of two lots of land resumed by the Government pursuant to the then Crown Lands Resumption Ordinance (Cap. 124). The subject matter of the assignment was the right to claim compensation under the LRO.
In rejecting the Applicant’s argument that the Director of Lands erred in law by refusing the assignee’s claim for compensation under s.8 of the LRO, the Court gave useful guidance on the proper construction of that legislation. The Court held that the right to claim compensation under the LRO is not a freestanding assignable commodity. In doing so, the Court reviewed the relevant provisions of the Australian Land Administration Act 1997, the legislative purpose and framework of the LRO, and reconciled English and local authorities in relation to the proper forum to claim compensation for land resumption in Hong Kong.
DVC member Ms Frances Lok SC, leading Mr Alvin Hor SGC (Ag.) and Ms Nova Tang (GC) of the Department of Justice, acted for the Director of Lands
The full judgment is available here.
