Land Compensation and Valuation Law in Hong Kong - Fourth Edition
Author(s): Gordon Cruden, Liza-Jane Cruden
Publication Date: 20 April 2017
Land Compensation and Valuation Law in Hong Kong first published in 1986 has during the intervening 30 years become one of the most frequently cited and relied upon property law textbooks in the area.
Land Compensation and Valuation Law in Hong Kong first published in 1986 has during the intervening 30 years become one of the most frequently cited and relied upon property law textbooks in the area. Courts have referred to it as seminal work and the leading textbook in this area of the law. This new authoritative updated edition is likely to enhance the high quality of previous editions. Major statutory changes, case law developments including from other jurisdictions and Government plans and policies are comprehensively analysed.
The contents include Siu Sau Kuen v Director of Lands  6 HKC 55l filling the Yin Shuen gap for where development compensation exists as of right. Building Ordinance importance emphasised by China Field Ltd v Appeal Tribunal (Buildings) (2015) 18 HCFCAR 33 and land use planning in Town Planning Board v Town Planning Appeal Board  1 HKLRD 1050 and in 2016 Hysan Development Co Ltd v Town Planning Board FACV 21/2015(26.9.2016). Country Park private development controversies extending to villages within a country park - Re Thomas Lai  6 HKC 1.Reclamations important to development saw loss of marine rights litigated in the Penny’s Bay (2013) 12 HKCFAR 376 saga. The post-1997 multi-million Government rent and rating appeal issues have since Agrila beenmore fully clarified in The Hong Kong Electric (2011) 14 HKCFAR 579 and Best Origin (2012) 15 HKCFAR 376.
Statutory tenancy protection has ceased but common law tenancies survive. New material deals with Government lesser occupation rights and controversial private columbaria - Regal Shining Ltd v Secretary of Justice  HKLRD 832. The Home Ownership Scheme suspended from 2002 to 2015 now more strongly revived. Chuk Shu Yin v Yip So Wan (2012) 15 HKCFAR 344 deals with disputed resale premia.
The Basic Law is increasingly before the courts and in 2016 included the Hysan Development Co Ltd appeal. Positive indications over post-2047 land rights were the recent grant of new 50 year leases for Shatin Racecourse and part of the Chep Lap Kok Airport to 2066. New infrastructure projects include the Guangzhou- Hong Kong Express Rail with controversial resumption claims and the Hong Kong - Zhuhai - Macao Highway. Delayed by a disputed environment impact assessment but upheld by the Court of Appeal in Chu Yee Wah v Director of Environmental Protection  3 HKC 227. Major resumptions include for the URA Kwun Tong/Kai Tak redevelopment under the Conceptual Master Plan for Kowloon East 2013 and at Wang Chau, Yuen Long.