Hong Kong Ordinances

LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE - SECT 8

Protection of purchaser of lot, etc.

(1) Where the lot the subject of an order for sale is sold-

   (a)  immediately upon the purchaser of the lot becoming the owner of the
        lot all the rights of any prior owner (including the prior owner's
        assigns or personal representatives) in or over the lot or any part
        thereof shall absolutely cease except to the extent, if any, specified
        in the order;

   (b)  notwithstanding the terms of any lease or the provisions of the
        Landlord and Tenant (Consolidation) Ordinance ( Cap 7) but in
        accordance with such conditions, if any, as the Tribunal specifies in
        directions-

        (i)    immediately upon the day on which the purchaser of the lot
               becomes the owner of the lot it shall be deemed, by virtue of
               this section and for all purposes, that there has on that day
               been terminated the tenancy of any tenant of any property on
               the lot who is such a tenant by virtue of any lease entered
               into at any time before the purchaser became such owner; and

        (ii)   immediately upon the expiration of 6 months immediately
               following that day, the purchaser is entitled to, and the
               tenant is required to deliver up, vacant possession of the
               property.

(2) Where there is any tenancy terminated by virtue of subsection

(1)(b)(i), the purchaser of the lot to which the tenancy relates shall, not
later than 14 days after the day on which he became the owner of the lot,
cause a notice, as specified in Schedule 4 and in the Chinese and English
languages, to be served on the tenant of the tenancy by leaving the notice
with an adult occupier of the property in which the tenant resides and to
which the tenancy relates.

(3) Subject to subsections (4) and (5), the order for compensation referred to
in section 4(6) may relate to compensation-

   (a)  payable by-

        (i)    the majority owner of the lot concerned to the tenant under a
               lease referred to in subsection (1)(b) which relates to
               property on the lot which was owned by the majority owner
               immediately before the purchaser of the lot became the owner of
               the lot (and whether or not the majority  owner is the
               purchaser);

        (ii)   the minority owner of the lot concerned to the tenant under a
               lease referred to in subsection (1)(b) which relates to
               property on the lot which was owned by the minority owner
               immediately before the purchaser of the lot became the owner of
               the lot (and whether or not the minority  owner is the
               purchaser);

   (b)  determined by reference to any of the provisions of the
        Landlord and Tenant (Consolidation) Ordinance ( Cap 7), and whether
        with or without modifications thereto specified in the order.

(4) Without prejudice to the generality of subsection (3), the Tribunal may
take into account-

   (a)  the representations, if any, of the tenant as to whether compensation
        should be payable and, if so, the amount of the compensation;

   (b)  for the purposes of determining any such compensation, the benefit, if
        any, afforded the tenant by virtue of the operation of subsection
        (1)(b)(ii).

(5) No compensation shall be payable under this Ordinance to the tenant in
relation to any lease entered into on or after the date on which the
order for sale of the lot concerned was made.

(6) In this section-

"lease" (租契) includes every agreement for the letting of any premises,
whether oral or in writing, and howsoever described;

"prior owner" (前擁有人), in relation to a lot-

   (a)  means a person who formerly owned an undivided share in the lot;

   (b)  does not include the purchaser of the lot;

"rights" (權利), in relation to a prior owner of a lot, means all rights
which-

   (a)  were exercisable by virtue of the prior owner's ownership of an
        undivided share in the lot; and

   (b)  affect the lot.

"lease" (租契)

"prior owner" (前擁有人)

"rights" (權利)