Lands Tribunal

THE LANDS TRIBUNAL

Constitution of the Tribunal

The Lands Tribunal is established under the Lands Tribunal Ordinance, Cap. 17. At present, there are four professional judges: a President who is a Judge of the Court of First Instance of the High Court and three Presiding Officers, who are District Judges. There are also two Members of the Tribunal who are qualified surveyors. The President and a Presiding Officer may either sit alone or together with a Member in hearing cases. A Member may also sit alone in hearing cases.

Jurisdiction of the Tribunal

The Tribunal has jurisdiction to hear and adjudicate the following main categories of cases:

1. I) Possession cases

   The Tribunal has jurisdiction to determine applications by landlords for possession of premises under the Landlord and Tenant (Consolidation) Ordinance, Cap. 7 or under the Common Law. In such applications, apart from making orders for possession, the Tribunal also has power to make orders for the payment of rent, mesne profits, disposal of any property left in the premises by the tenant and payment of damages in respect of any breach of a condition of the tenancy or sub-tenancy.

2. II) Regulated tenancies of subdivided units

   For tenancy of subdivided units regulated under Part IVA of the Landlord and Tenant (Consolidation) Ordinance, Cap. 7, apart from recovery of possession, the Tribunal also has jurisdiction to determine whether a tenancy is regulated by Cap. 7, the entitlement of a family member of a deceased tenant to the deceased’s benefits under a regulated tenancy, and holdover compensation claimed by a superior landlord or the sub-landlord against the tenant of a subdivided unit.

   III) Building management cases

   The Tribunal has jurisdiction to determine building management disputes such as the interpretation and enforcement of the Building Management Ordinance, Cap. 344 and deeds of mutual covenant, the appointment or dissolution of management committee, convening owners’ meeting and appointment of administrator.

3. IV) Compensation cases

   The Tribunal has jurisdiction to determine the amount of compensation payable by the Government to a person whose land has been compulsorily resumed or has suffered a reduction in value because of public developments pursuant to the relevant ordinances.

4. V) Compulsory sale cases

   The Tribunal has jurisdiction to determine applications made by majority owners of a land for the sale of the land for redevelopment purpose under the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545.

5. VI) Appeal cases

   The Tribunal has jurisdiction to determine appeals brought under the following ordinances:

   • Rating Ordinance, Cap.116
   • Government Rent (Assessment and Collection) Ordinance, Cap. 515
   • Housing Ordinance, Cap. 283

   In the exercise of its jurisdiction, the Tribunal has the same powers to grant remedies and reliefs, legal or equitable, as the Court of First Instance of the High Court.

Procedures for Applications and Appeals

1. I) Application for Possession of Domestic or Non-Domestic Premises

   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 that does not concern regulated tenancy of subdivided units, has to file with the Registrar of the Tribunal a notice of application substantially in accordance with Form 22 (Part A of Form 22 be completed) in order to set out the nature of the application.

2. 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.

3. 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 or her 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 up 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, which shall not be less than 14 clear days or such other period as may be agreed by the parties.

4. II) Application concerning Regulated Tenancy of Subdivided Units

   Any person who wishes to make an application concerning tenancy of subdivided unit regulated by Part IVA of the Landlord and Tenant (Consolidation) Ordinance, Cap. 7 has to file with the Registrar of the Tribunal a notice of application substantially in accordance with Form 22 (Part B of Form 22 be completed) in order to set out the nature of the application.

   To apply for recovery of possession and rent, Part B(I) of the notice of application (Form 22) shall be completed. The procedures in I) above concerning “service of notice of application”, “notice of opposition”, “default judgment” and “listing for hearing” shall generally apply.

   To apply for determination of whether a tenancy is a regulated tenancy, Part B(II) of the notice of application (Form 22) shall be completed. The procedures in I) above concerning “service of notice of application” (except the requirement of posting up the notice of application and the Notice to Persons in Actual Possession/Occupation is not applicable) and “notice of opposition” shall generally apply. After the time for the filing of the notice of opposition has elapsed, either party may file a Form 31 to apply for listing the application for hearing regardless whether a notice of opposition has been filed. No default judgment may be applied for.

   To apply for determination on the entitlement of a family member of a deceased tenant to the deceased tenant’s benefits and protection under a regulated tenancy, Part B(III) of the notice of application (Form 22) shall be completed. The procedures in I) above concerning “service of notice of application” (except the requirement of posting up the notice of application and the Notice to Persons in Actual Possession/Occupation is not applicable) and “notice of opposition” shall generally apply. After the time for the filing of the notice of opposition has elapsed, either party may file a Form 31 to apply for listing the application for hearing regardless whether a notice of opposition has been filed. No default judgment may be applied for.

   To apply for compensation of rent for the holding-over period by the superior landlord or the sub-landlord against the tenant of a subdivided unit, Part B(IV) of the notice of application (Form 22) shall be completed. The procedures in I) above concerning “service of notice of application” (except the requirement of posting up the notice of application and the Notice to Persons in Actual Possession/Occupation is not applicable), “notice of opposition”, “default judgment” and “listing for hearing” shall generally apply. If a notice of opposition has been filed, either party may file a Form 31 to apply for listing the application for hearing.

   III) Application for 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 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 Schedule 10 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 her or sending it by ordinary post addressed to him or her at his or her 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 or she 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.

   Case Management and Mediation

   On 21st May 2009, the President of the Lands Tribunal issued Direction LTPD: BM No. 1/2009 to streamline the processing of building management cases and to facilitate the more efficient, expeditious and fair disposal of building management cases. With effect from 1st July 2009, unnecessary hearings will be cut down as the Tribunal will give directions on paper without any oral hearing in circumstances where it is appropriate to do so. Unnecessary interlocutory applications will be discouraged and in appropriate cases, costs sanctions will be imposed. Parties to building management cases are encouraged to make attempts to resolve their differences by mediation, before or after they issue proceedings in the Tribunal.

   For more details on case management and mediation, please refer to the President’s Direction and Information Leaflet on Case Management and Mediation for Building Management Cases in the Lands Tribunal which are accessible at the Judiciary’s website.

5. IV) Application for Determination of Compensation

   There are various 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 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. 17A.

6. V) Application for Order of Compulsory Sale

   Filing an application

   A party seeking 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

   Any Respondent wishing to oppose the application must file with the Registrar of the Tribunal a notice of opposition (Form 33) and serve a copy of it on the Applicant within 21 days of the service of the notice of application on him or her.

   Listing for hearing

   The Registrar of the Tribunal shall serve a copy of the notice of hearing on all parties concerned.

7. VI) Appeal Cases under Different Ordinances

   There are various 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. 17A. 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:

   1. 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.

   2. 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 of service on him or her of such notice of decision. The Commissioner will consider the objection and notify the owner or occupier of his or her 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.

   The procedures are briefly stated below:

   Filing and serving of notice 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 or she wishes to oppose the appeal.

   Listing of hearing

   The Appellant must, within 14 days from the date of the service of the notice of opposition, or within 14 days after the time limited for filing the notice of opposition has expired, 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.

   If any party is not satisfied with any decision of the Tribunal, the correct and effective step is to apply for review or appeal in accordance with the procedures prescribed by the law.

Listing Matters, Adjournments and Withdrawals

In relation to an application other than an application for an order for possession of any premises, 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 or appeal for hearing. Payment of filing fee is required. For the application to list for hearing, information has to be given as to the estimated duration of trial and the number of witnesses to be called.

In relation to an application for an order for possession of any premises, where a notice of opposition has been filed, the Registrar shall list the application for hearing as soon as practicable and give notice to all parties, which shall be not less than 14 clear days or such other period as may be agreed by the parties.

It should be noted that in the case of rating appeals, government rent appeals and housing appeals, the appeal proceedings will lapse if the application to list for hearing is not made within 14 days of filing of the notice of opposition.

A hearing date will usually be fixed on the earliest available date. If certain dates are not convenient to either party, he or she should inform the listing officer before the hearing date is fixed. The listing officer will serve notice of hearing on both parties when the hearing date has been fixed. Generally, once a hearing date has been fixed, the Tribunal will not change the date to suit the travelling schedule or work arrangements or life style of any party. If a party cannot attend a hearing on a fixed date, a representative can be appointed to attend the hearing on the party’s behalf. If it is absolutely necessary to postpone or vacate a hearing date already fixed, either party may apply for a new date by way of Interlocutory Application. Payment of filing fee is required. Parties will have to explain to a Presiding Officer or a Member the reasons for postponement unless the consent of the opposite party is obtained and endorsed on the summons. The application for postponement will be considered and approved by the Presiding Officer or the Member.

If both parties come to terms of settlement, they may jointly apply by way of consent application/summons for the terms of settlement to be made into an order of the Tribunal. Alternatively, the Applicant or Appellant may apply to discontinue his or her case at any time.

If an Applicant wishes to discontinue or withdraw the whole proceedings against the Respondent or one or more of the Respondents, he or she should file a formal notice of discontinuance duly signed at the registry. Payment of filing fee is required. A copy of such notice should be served on the Respondent concerned.

Payment of Fees

Court fees are payable for items of documents filed or for service provided as specified in the Schedule to the Lands Tribunal (Fees) Rules, Cap. 17B. A schedule of usual fees payable is posted up for inspection at a place outside the Accounts Office. Payment may be in cash, EPS or by cheques, which should be made payable to the Government of Hong Kong Special Administrative Region.

Payment of Awards

Where a party has been ordered to pay money awarded to the other party, unless otherwise directed by the Lands Tribunal, he or she should try to pay the amount awarded together with any costs fixed or agreed direct to the other party and obtain a receipt. If the Tribunal orders that payment must be paid into the Lands Tribunal, he or she should call at the Accounts Office well before the close of business hours. All sums ordered to be paid into the Tribunal must be in cash or by cashier orders issued by a bank of Hong Kong or by a cheque drawn by a solicitors’ firm of Hong Kong, which should be made payable to the “Lands Tribunal Suitors’ Funds Account”. Personal cheques are not acceptable.

Statement of Truth

A statement of truth is a statement that the party putting forward the document believes that the facts stated in the document are true; or in the case of a witness statement or an expert report believes that the facts stated in the document are true and (if applicable) the opinion expressed in it is honestly held.

The following documents must be verified by a statement of truth in accordance with the provisions of Order 41A of the Rules of the High Court, Cap. 4A:

1. (a) Notice of Application/Appeal and the Amended Notice of Application/ Appeal;
2. (b) Notice of Opposition and the Amended Notice of Opposition;
3. (c) Witness Statement;
4. (d) Expert Report;
5. (e) Statement of Damages and Answer to Statement of Damages; and
6. (f) Any other document verification of which is required by order of the Tribunal.

1. A statement of truth must be signed by

(i) in the case of witness statement or expert report, the maker of the statement or report;

(ii) in any other case, the party personally or the legal representative of the party.

Right of audience

A party may appear and be heard personally or by counsel or a solicitor or by any other person allowed by leave of the Tribunal to appear instead of that party. An application for leave may be made in writing before the hearing or orally at the hearing.

Use of language

The Tribunal may use either Chinese or English or both languages in any proceedings or a part of any proceedings.

Call-over hearing

A case may be listed for call-over hearing or for trial. A call-over hearing is a hearing for directions on how the case should proceed. In simple cases like possession cases, the case may be fixed directly for trial at the first hearing. In appropriate cases, the Tribunal may give directions by letters instead of holding a call-over hearing.

Trial

Generally, trials at the Tribunal are conducted in similar manners like those civil cases in the District Court and the High Court, but can be less formal. Without prejudice to the Tribunal’s impartiality, guidance may be given to parties who are not legally represented.

At the hearing, parties may give oral evidence, produce documents in support and call witnesses. After hearing evidence and submissions form both parties, the Tribunal will then make its decision.

Witness summons

A party may apply to the Registrar of the Tribunal by way of Form 3 for a witness summons to be issued. The Registrar will decide whether a witness summons is to be issued or not. Witness summons can be issued to any person requiring him or her to attend at a time and place to be specified in the summons to give evidence before the Tribunal, or to produce to the Tribunal any documents (particulars of which shall be stated in the summons) in his or her possession or control.

In order to ensure that the witness summons is served on the witness before the hearing, application for witness summons should be made at least 10 working days before the hearing.

Interlocutory application

Unless the Tribunal otherwise permits, an Interlocutory Application shall be made in writing by filing with the Registrar an application substantially in accordance with Form 1.

Setting aside default judgment

If a Respondent is not satisfied with a court order made under rule 15 of the Lands Tribunal Rules, Cap. 17A for default judgment, where no notice of opposition has been filed, he or she may apply to set aside the court order by taking out an inter-partes summons as soon as possible. Filing of the said application requires payment of the prescribed fees. The application shall be determined by the Tribunal at the hearing of the inter-partes summons.

Reinstatement of proceedings

If an Applicant or an Appellant does not appear at the time and place fixed for the hearing, the proceedings may be dismissed by the Tribunal. The Applicant or the Appellant has to take out an inter-partes summons to reinstate the proceedings within 21 days after the dismissal. Filing of the application requires payment of the prescribed fees.

Review

If a party is not satisfied with the Lands Tribunal’s decision, he or she may apply for a review pursuant to section 11A of the Lands Tribunal Ordinance, Cap. 17.

The Tribunal may, within one month from the date of any decision by it, decide to review that decision and may set aside, reverse, vary or confirm the decision on such grounds as it may think sufficient. The Tribunal may review a decision on the application of any party or on its own motion, and on notice to all other parties to the proceedings.

On 21st May 2009, the President of the Lands Tribunal issued a Direction LTPD: Review No. 1/2009 to lay down the procedure on review which takes effect on 1st July 2009. With effect from 1st July 2009, a party seeking review of a decision of the Lands Tribunal should complete and file an Application for Review, a copy of which can be obtained from the Lands Tribunal Registry. The Application for Review must be supported by an affidavit or affirmation stating all the grounds of the review. The Application for Review and the supporting affidavit or affirmation must be filed with the Registrar and served by the party making the application on all the other interested parties not less than 5 working days (excluding Saturdays) before the end of the one-month period stipulated in section 11A(1) aforesaid, and the party making the review application must file an affidavit or affirmation of service within 3 working days (excluding Saturdays) after the service. After receiving the Application for Review and the supporting affidavit or affirmation, the other parties must file and serve their written submission in response to the review application within 3 working days (excluding Saturdays), failing which the Tribunal shall decide whether there should be a review by considering the supporting affidavit or affirmation of the party making the review application only. Unless otherwise ordered by the Tribunal, the Tribunal shall decide whether to entertain the review on papers without a hearing.

If the Tribunal decides to entertain the review, a hearing date will be fixed to hear the parties before the Tribunal exercises its power of review. All the parties concerned will then be notified by the Registrar to attend the hearing accordingly. If the Tribunal decides not to review its decision, the Registrar shall give written notice of the Tribunal's decision to the parties accordingly.

The Tribunal shall not exercise its power of review in respect of a decision if the decision has already been the subject of a review or the decision is a decision setting aside, reversing, varying or confirming another decision of the Tribunal under section 11A of the Lands Tribunal Ordinance, Cap. 17; or subsequent to the commencement of proceedings by any party with a view to questioning the decision, by way of appeal or otherwise, unless such proceedings have been abandoned.

An application for review shall not operate as a stay of execution of a judgment, order or decision unless the Tribunal orders otherwise.

Appeal

Any party to the proceedings before the Tribunal may appeal to the Court of Appeal against a judgment, order or decision of the Tribunal on the ground that such judgment, order or decision is erroneous in point of law. Thus, no appeal will be entertained if it concerns with factual issues only. A party wishing to lodge an appeal must apply to the Presiding Officer or Member of the Tribunal for leave to appeal first.

If the appeal is in respect of an interlocutory judgment, order or decision, the application to the Tribunal for leave to appeal must be made within 14 days from the date of the interlocutory judgment, order or decision; otherwise, the application must be made within 28 days from the date of the judgment, order or decision in respect of which leave to appeal is sought. An application for leave to appeal must be made inter-partes if the proceedings to which the judgment, order or decision relates are inter-partes. Application for leave to appeal should be made by way of filing and serving Form 1 and a supporting affidavit or affirmation setting out the grounds of appeal and the reasons in support of such grounds.

Where the Tribunal refuses the application, a further application for leave to appeal may be made to the Court of Appeal within 14 days from the date of refusal.

When leave to appeal is granted, a notice of appeal must be served on the Tribunal and all parties to the proceedings within 7 days from the date on which leave to appeal is granted.

The Appellant must also produce to the Registrar of the High Court a copy of the sealed judgment or order of the Tribunal and a copy of the reasoned decision (if any) as well as 2 copies of the notice of appeal within 7 days after service of the notice of appeal.

The Tribunal or the Court of Appeal may, at any time, and notwithstanding that the time for an appeal or an application for leave to appeal may have already expired, extend the time for the appeal or for applying for leave to appeal.

An application for leave to appeal or an appeal shall not operate as a stay of execution of a judgment, order or decision unless the Tribunal or the Court of Appeal orders otherwise.

Enquiries may be made at the Clerk of Court’s Office, G/F, High Court Building, 38 Queensway, Hong Kong (Tel: 2825 4643).

Appeal against Registrar's Decision

According to section 11AA of the Lands Tribunal Ordinance, Cap. 17 and rule 30A of the Rules of the Lands Tribunal, Cap. 17A, an appeal lies as of right to a Presiding Officer from a judgment, order or decision of a registrar, irrespective of whether the judgment, order or decision was given or made on the basis of written submissions only or after hearing. The appeal must be brought by serving on every other party to the proceedings a notice in the form specified by the Tribunal, requiring the party on whom the notice is served to attend before the Presiding Officer on a day specified in the notice or on such other day as may be directed.

Unless the Tribunal otherwise orders, the notice must be filed with the Registrar of the Tribunal within 14 days after the judgment, order or decision appealed against was given or made and must be served within 5 days after filing.

Except so far as the Tribunal may otherwise direct, an appeal under rule 30A of the Lands Tribunal Rules, Cap. 17A does not operate as a stay of the proceedings in which the appeal is brought.

Taxation of Costs

Where the Lands Tribunal has made an award of costs, the bill of costs in respect of such costs shall be filed:

1. (1) in the High Court if the Tribunal has ordered that all or part of such costs are to be taxed on the High Court scale;
2. (2) in the District Court if the Tribunal has ordered that such costs are to be taxed on the District Court scale;
3. (3) in the Lands Tribunal for provisional taxation by the Chief Judicial Clerk (if the amount of the bill of costs is under $200,000).

For more details on the procedures for taxation of costs, please refer to the Leaflet “What is taxation of costs” which can be obtained at the Resource Centre for Unrepresented Litigants in the High Court or downloaded from the Judiciary’s website at rcul.judiciary.hk.

Enquiry on Procedures

Staff of the Lands Tribunal can only explain the general procedures to lodge an application or appeal and the procedural requirements, if any, to be complied with before commencement of proceedings or thereafter. As they are not professionally qualified, and in order to maintain neutrality of the Lands Tribunal, the staff have been directed not to give legal advice to any party.

For advice on tenancy matters arising from the Landlord and Tenant (Consolidation) Ordinance, Cap. 7, the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004, and the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2021, please consult Rent Officers of the Rating and Valuation Department at 2294 2555.

For legal advice on liabilities, merits, validity of documents, etc., please consult your own solicitor or the lawyers on duty in designated district offices under the Duty Lawyer Scheme. For enquiries, please call the Central Telephone Enquiry Centre of the Home Affairs Department at 2835 2500.

Enforcement of Tribunal Orders

After a party has obtained from the Tribunal an order for possession, recovery of arrears of rent or costs and when the other party fails to comply with the order, the successful party may apply to the Tribunal for an appropriate writ of execution. He or she may request the bailiff to execute the writ in order to recover possession of the premises or debt from the judgment debtor.

There is no guarantee that a party can recover in full or any of the judgment sums or even the costs of execution incurred or to be incurred with the bailiff. It all depends on whether there are valuable assets to be seized by the bailiff. Parties should consider carefully the chances of recovery and the expenses to be incurred before enlisting assistance of the bailiffs.

Bailiffs are authorized to:

1. (1) seize goods and chattels at value equivalent to the judgment debts plus incidental expenses of the execution; and
2. (2) repossess suit premises.

You can apply for an appropriate Writ of Execution depending on the nature of the order concerned.

I) Writs of Executions

To enforce an order for possession, the Applicant shall, after filing the Notice of Application with the Registrar and posting up a copy of the Notice of Application in a conspicuous place on or at the entrance of the suit premises, at the same time also post up a copy of the Notice to Persons In Actual Possession/Occupation in a conspicuous place at the main door or entrance of the subject premises on 3 successive days. If the Applicant has not done this procedure, after obtaining a judgment/order for possession from the Tribunal, he or she has to post up a Notice of the judgment addressed to the Respondent and all persons in actual possession of the suit premises at the main door or entrance to the premises on 3 successive days. The notice requires occupants to move out by a date stated therein. After 4 working days counting from the last day of posting up the Notice, the Applicant may apply by way of affidavit or affirmation to the Tribunal to issue a writ of possession against the Respondent and all persons remaining in the premises. Payment of fees is required.

Where the premises concern a regulated tenancy of a subdivided unit and the Applicant is the superior landlord in relation to the subdivided unit, the Applicant shall, after obtaining the order for possession, post up the Notice to Recover Possession on the main door or entrance to the subdivided unit (or the premises which the subdivided unit forms part) for a consecutive of 3 days. Leave to issue a writ of possession will not be granted unless a period of 60 days has lapsed after the last day of posting up the Notice to Recover Possession or unless the tenant of the subdivided unit has delivered up vacant possession of the subdivided unit.

Where an order for possession has been granted on the ground of non- payment of rent only, the Respondent may be granted relief for a period of not less than 1 week to pay all the arrears of rent/mesne profits and costs. Where relief has been given, and if all arrears of rent/mesne profits and costs ordered to be paid are paid into the Lands Tribunal on or before the relief expiration date, the Respondent is relieved from the forfeiture and the lease of the suit premises is reinstated. The order for possession of the suit premises cannot thereafter be enforced. The Tribunal has power to extend the relief period upon application by the Respondent If the Respondent fails to pay all the arrears of rent/mesne profits and costs within the relief period and fails to move out, the Applicant may apply to the Tribunal by way of affidavit or affirmation to issue a writ of possession against the Respondent and all persons remaining in the premises and enforce the order issued by the Tribunal.

To enforce outstanding monetary awards by the bailiff, the winning party may file in an application for the issue of a writ of fieri facias. To recover both possession and any monetary award outstanding, it is necessary to apply for the issue of a writ of possession and fieri facias combined. Payment of filing fee is required.

For further information on the service provided by the Bailiff’s Office, please call the Interactive Voice Response System of the Bailiff’s Office at 2802 7510.

II) Payment of deposits to cover the bailiff's expenses

In addition to filing fees, it is necessary to pay deposits into the Lands Tribunal to cover the Bailiff’s expenses and the cost of possession guards. The amount of deposit varies according to the nature of executions. After completion of the execution or discontinuance of the execution by the Applicant, the Applicant should write to the Bailiff’s Office asking for the refund of balance of the deposit, if any, to him or her.

There is no guarantee that the Applicant can recover in full or any of the arrears of rent, sums adjudicated or even the costs of execution incurred with the Court Bailiff. It all depends on the results of execution of the Writ of Fieri Facias by the Court Bailiff. Please decide on the mode(s) of execution after considering the chance of recovery and the expenses to be incurred for the Bailiff’s actions.

For details about execution by the bailiff, please refer to the pamphlet on Bailiff’s service available from the Lands Tribunal Registry or make enquiries with the Bailiff’s Office by calling the Interactive Voice Response System of the Bailiff’s Office at 2802 7510.

III) Stay of Execution of Writ of Possession

A Respondent wishing to apply for an order for stay of execution of the Writ of Possession may do so by filing an inter-partes summons with the Lands Tribunal Registry and serving a copy on the Applicant. In case of urgency, application for interim stay must be made by an ex-parte summons. Filing fees are payable.

Forms

All the statutory forms mentioned above can be obtained from Enquiry Counter of the Tribunal.

Performance Pledge

• Waiting time from setting down of a case to hearing in respect of:
  - possession cases: 50 days
  - building management cases: 90 days
  - compensation cases: 90 days
  - appeal cases: 90 days
• Wherever possible, the Judiciary will reply at once to correspondence from members of the public. In any case, an interim reply will be given within 10 days and a full response within 30 days of receiving a letter.
• All comments and suggestions for improving the Tribunal’s services are welcome. Please send them to the Judiciary Administrator at the High Court, 38 Queensway, Hong Kong..

Business Hours of the Registry and Accounts Office

Monday to Friday	8:45 a.m. to 1:00 p.m.
	2:00 p.m. to 5:30 p.m.

(Closed on Saturdays, Sundays and Public Holidays)

Arrangements of the Lands Tribunal in case of bad weather

1. (i) Please take note of the announcements of the Judiciary through radio, television or other media. You may also call the Lands Tribunal Registry at Tel.No. 2771 3034 during office hours to enquire about the arrangements.
2. (ii) Please refer to Typhoon and Rainstorm Warning Arrangements in the Judiciary Website.
3. www.judiciary.hk/en/court_services_facilities/business_hours_typhoon.html

e-Appointment Service

1. From 5th March 2021 onwards, unrepresented litigants can make appointments, via a newly introduced e-Appointment System, for attending the Registry of the Lands Tribunal to the new applications for possession of domestic or non-domestic premises or file new applications for building management cases.
2. Applicants may visit the Judiciary website through the following link or scan the QR Code below to have direct access to the Lands Tribunal e-Service:
3. https://www.judiciary.hk/en/court_services_facilities/ldci_index.html