Hong Kong Regulations

RATING (EFFECTIVE DATE OF INTERIM VALUATION) REGULATION - SECT 5

Documents relevant to determination of effective date of interim valuation

(1) The following documents are specified for the purposes of section 3-

   (a)  as regards a tenement in a newly constructed building in respect of
        which a certificate of exemption has been issued under section  4 or 5
        of the Buildings Ordinance (Application to the New Territories)
        Ordinance ( Cap 121), a certificate of compliance, document or
        instrument signed by the Director of Lands or any person authorized by
        him in that behalf certifying or stating that-

        (i)    the conditions contained in the building licence or in the
               Government grant including those relating to the erection of
               the building, if any, have been complied with; or

        (ii)   the Director of Lands or the person so authorized, as the case
               may be, has no objection to the building being occupied;

   (b)  as regards a tenement that forms the whole or part of a building newly
        constructed by or on behalf of the Hong Kong Housing Authority for
        sale as a tenement to be used wholly or primarily for domestic
        purposes, a document or instrument signed by the Director of Housing
        or any person authorized by him in that behalf certifying that the
        building is completed;

   (c)  as regards a tenement in any other newly constructed building-

        (i)    except as provided in subparagraph (ii), an occupation permit
               or temporary occupation permit issued under section 21 of the
               Buildings  Ordinance ( Cap 123) and if more than one such
               permit is issued in respect of the tenement, the earliest such
               permit so issued; or

        (ii)   if a restriction on alienation is contained in the Government 
               grant in respect of the land on which the building is erected,
               but subject to subsection (2), a consent in writing signed by
               the Director of Lands or any person authorized by him in that
               behalf to the lease of the building or a part or parts thereof
               which include the tenement or to the assignment of an interest
               in the land upon which the building has been erected, or a
               certificate of compliance in respect of the land upon which the
               building has been erected, whichever is the earliest issued.

(2) Subsection (1)(c)(ii) shall not apply if-

   (a)  the consent in writing referred to in that subsection is issued
        earlier than the occupation permit or temporary occupation permit in
        respect of the tenement; or

   (b)  either that consent in writing or the certificate of compliance
        referred to in that subsection is issued subsequent to the first
        occupation of any tenement within the building, and in any such case,
        the document specified for the purposes of section 3 shall be the
        occupation permit or temporary occupation permit, whichever is the
        earliest issued. (Enacted 1995)