LANDS TRIBUNAL RULES - CHAPTER 17A LANDS TRIBUNAL RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 17, section 10(3)) [3 June 1994] (L.N. 345 of 1994) LANDS TRIBUNAL RULES - RULE 1 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART I PRELIMINARY (1) In these Rules, unless the context otherwise requires- "appellant" (上訴人) means any party bringing any appeal before the Tribunal; "applicant" (申請人) means any party bringing any other proceedings before the Tribunal; "respondent" (答辯人) means any party, other than an appellant or applicant, to any proceedings before the Tribunal. (2) A reference to a numbered form is a reference to the form so numbered in the Schedule. (3) Where provision is made in these Rules for the application of any provision of the Rules of the High Court (Cap 4 sub. leg. A), the same shall apply- (25 of 1998 s. 2) (a) with all necessary modifications; and (b) as if references to the Court were references to the Tribunal. (Enacted 1994) "appellant" (上訴人) "applicant" (申請人) "respondent" (答辯人) LANDS TRIBUNAL RULES - RULE 2 Part II to be subject to other provisions VerDate:17/05/2002 A particular provision in any Ordinance or in Part III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XIVA or XIVB shall prevail over any general provision in Part II with which it is inconsistent or in conflict. (Enacted 1994. L.N. 100 of 1999; L.N. 78 of 2002) LANDS TRIBUNAL RULES - RULE 3 Mode of application VerDate:30/06/1997 PART II PROCEEDINGS GENERALLY Where no form of application to the Tribunal is prescribed by these Rules or by any other enactment, the application shall be made in writing setting out the nature of the relief applied for and the grounds of the application but no particular form need be followed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 3A Use of language in Tribunal VerDate:30/06/1997 (1) The Tribunal may use either or both of the official languages in any proceedings or a part of any proceedings before it as it considers appropriate for the just and expeditious disposal of the proceedings before it. (2) The decision of the Tribunal under subrule (1) is final. (3) A party to or a witness in any proceedings or a part of any proceedings before the Tribunal may- (a) use either or both of the official languages; and (b) address the Tribunal or testify in any language. (4) A legal representative in any proceedings or a part of any proceedings before the Tribunal may use either or both of the official languages. (5) Documents prepared for use by the Tribunal in any proceedings may be in either official language. (6) A party may file any document to be served on another party or person in either official language. (7) A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not. (8) A party who agrees to provide a translation shall do so as soon as practicable. (9) A party whose request is refused may apply to the Tribunal for an order that the party serving the document shall provide the other party with a translation of it. The Tribunal may order the party serving the document to provide a translation of it if the Tribunal is satisfied that the request is reasonable. The Tribunal may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant. (10) The time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period shall start to run if a request in writing is served under subrule (7)- (a) only after the receipt of the refusal to give a translation; (b) only after the receipt of the translation; or (c) as may be ordered by the Tribunal under subrule (9). (11) A party applying for an order from the Tribunal shall supply the minute for the order in the language in which the order is to be made and shall produce a certified translation of the order in the other official language if the Tribunal directs that the other version is necessary or appropriate. (12) The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings if the Tribunal so directs. (13) The official record of proceedings shall be kept in the official language or official languages as the President, or presiding officer, hearing the proceedings may direct. (14) The transcript of proceedings for appeal purposes shall be prepared in the official language that the appeal court directs. (L.N. 592 of 1995) LANDS TRIBUNAL RULES - RULE 4 Interlocutory procedure VerDate:30/04/2007 (1) An interlocutory application unless the Tribunal otherwise permits shall be made in writing by filing with the Registrar an application substantially in accordance with Form 1. (2) If an interlocutory application is made with the consent of all parties then evidence of every such consent shall be endorsed on or filed with the application. (2A) An interlocutory application (other than an application for an abridgement of any period of time) shall be served on the other parties not less than 2 clear days before the day specified in the application for the hearing of the application. (L.N. 281 of 2006) (3)-(4) (Repealed L.N. 281 of 2006) (5) The Tribunal shall afford any party who gives notice that he wishes to be heard an opportunity to appear and be heard on the application. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 5 Address for service VerDate:30/06/1997 (1) The first document filed by a party shall state at its foot an address for service of that party. (2) Any address for service may from time to time be altered by reasonable notice in writing to the Registrar and to every other party. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 6 Parties to be served VerDate:30/06/1997 Subject to rule 20 and to any general or special directions of the Tribunal, a copy of every document, and of every document exhibited thereto, filed or lodged with the Registrar in any proceedings shall be served by the party who filed or lodged it on every other party. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 7 Method of service VerDate:30/04/2007 (1) Service of a document required to be served on any person may be effected- (a) if the person is acting by a solicitor, by delivering it to or leaving it for the solicitor or sending it by ordinary post addressed to the solicitor, at the address for service or at his place of business; (b) if the person is not acting by a solicitor- (i) by delivering the document to him personally; (ii) by leaving the document for him at the address for service or, if no address for service is given, at his last known or usual place of abode or business in Hong Kong; (iii) by sending the document by ordinary post addressed to him at the address for service or, if no address for service is given, at his last known or usual place of abode or business in Hong Kong; (iv) if there is a letter box for the address for service, by inserting through the letter box the document that is enclosed in a sealed envelope addressed to him; or (v) if no address for service is given and if there is a letter box for his last known or usual place of abode or business in Hong Kong, by inserting through the letter box the document that is enclosed in a sealed envelope addressed to him; (L.N. 281 of 2006) (c) in such other manner as the Tribunal may direct. (2) Where service of a document is effected by ordinary post such service, unless the contrary is proved, shall be deemed to have been effected at the time at which the document would be delivered in the ordinary course of post. (3) In this rule, "ordinary post" (普通郵遞) means post which has been prepaid or in respect of which prepayment is not required. (L.N. 281 of 2006) (Enacted 1994) "ordinary post" (普通郵遞) LANDS TRIBUNAL RULES - SECT 7A Additional requirement for service of notice of application for order for possession VerDate:30/04/2007 An applicant for an order for possession of any premises shall, as soon as practicable after filing a notice of application for recovery of possession with the Registrar, post a copy of the notice in a conspicuous place on or at the entrance to the premises. (L.N. 281 of 2006) LANDS TRIBUNAL RULES - RULE 8 Notices to be given by the Tribunal VerDate:30/06/1997 Where any notice is required to be given by the Tribunal to any person, whether a party or not, it may be given- (a) if the person is acting by a solicitor, by sending it by ordinary post addressed to the solicitor at the address for service or at his place of business; (b) if the person is not acting by a solicitor, by sending it by ordinary post addressed to him at the address for service or, if none is given, at his last known or usual place of abode or business in Hong Kong; (c) in such other manner as the Tribunal may direct. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 9 Substituted service or notice VerDate:30/06/1997 If it appears to the Tribunal that, after reasonable efforts, it has not been possible to- (a) effect service on any person in accordance with rule 7(1)(a) or (b); or (b) give notice to any person in accordance with rule 8(a) or (b), the Tribunal may dispense with service upon such person or may, under rule 7(1)(c) or 8(c) (as the case may be), make an order for substituted service upon such other person or in such form (whether by advertisement in a newspaper or otherwise) as the Tribunal thinks fit. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 10 Affidavit of service VerDate:30/06/1997 Where service of notice of an application is effected under rule 7, or substituted service is ordered under rule 9, the party required to effect such service shall, within 3 days of service, file with the Registrar an affidavit or affirmation of service in accordance with Form 30, unless the party so served has filed with the Registrar a notice of opposition to the application. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 11 Adding, striking out, and substituting parties VerDate:30/06/1997 At any stage of proceedings and either on or without the application of a party, the Tribunal may add, strike out, or substitute the name of any person as a party. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 12 Amendment VerDate:30/06/1997 (1) Subject to subrule (2) a party may, before the hearing, make an amendment to a document filed or lodged in any proceedings, and make any amendments consequential thereon. (2) Leave of the Tribunal shall be obtained to any amendment by a party if- (a) an amendment has already been made in the proceedings by that party; (b) notice of hearing has been given under rule 16; or (c) the document to be amended is one of those described in rule 20(1). (3) The Tribunal may at any time amend any document upon the application of a party or of its own motion. (4) An amendment made with the leave of the Tribunal may be made on such terms as to costs or other matters as the Tribunal thinks fit; and an amendment made by a party as of right may be taken into consideration by the Tribunal in exercising its powers to award costs under section 12 of the Ordinance. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 13 Further and better particulars VerDate:30/06/1997 (1) The Tribunal may on the application of any party, or of its own motion, require further and better particulars of any document filed with the Registrar or of any document ordered to be disclosed under section 10(2)(a) of the Ordinance. (2) An application under subrule (1) shall in the first instance be made in writing and a copy of such application shall be served on the other party or parties. (3) A requisition of the Tribunal under subrule (1) shall be made in writing to the party or parties concerned. (4) If a party to whom a requisition under subrule (1) is made objects thereto he shall give to the Registrar notice in writing of his objection stating the grounds thereof within 14 days of the receipt by him of the requisition. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 14 Listing for hearing VerDate:30/04/2007 (1) In relation to an application (other than an application for an order for possession of any premises)— (L.N. 281 of 2006) (a) 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 in accordance with Form 31 to list the application for hearing; (b) at the expiration of not less than 3 days after the receipt of the application to list for hearing, the Registrar shall, subject to any order of the Tribunal, list the application for hearing and shall 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; (c) the Registrar may refer any application to list for hearing to the Tribunal, which may make such order as it thinks fit; and (d) any party may, at any time before the application has been listed for hearing, make representations to the Registrar with regard to the listing. (L.N. 281 of 2006) (1A) In relation to an application for an order for possession of any premises— (a) where a notice of opposition has been filed, the Registrar shall as soon as practicable list the application for hearing 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; and (b) any party to the application may, at any time before the application has been listed for hearing, make representations to the Registrar with regard to the listing. (L.N. 281 of 2006) (2) Where any party has failed, in the opinion of the Tribunal, to pursue any proceedings with due diligence, or has failed to comply with any rule or a requisition under rule 13 the Tribunal may, after giving the parties an opportunity to be heard, order that the proceedings be heard by the Tribunal or give such other direction as it may think fit for the purpose of expediting or disposing of the proceedings. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 15 Orders in default VerDate:27/12/2002 (1) In the case of an application for an order for- (a) possession or for ejectment; or (b) rent, mesne profits or any other liquidated demand, where no notice of opposition has been filed by the respondent or any other respondents, if any, the applicant may- (i) apply for an order against the respondent in terms of the first-mentioned application and for costs; and (ii) proceed with the action against the other respondents, if any. (32 of 2002 s. 40) (2) An application for an order to be made in default of opposition pursuant to subrule (1) shall be- (a) made in writing to the Registrar; and (b) where the application relates to mesne profits (whether in whole or in part), accompanied by evidence proving the amount of those profits claimed. (32 of 2002 s. 40) (3) Upon an application under subrule (1) and upon assessing the evidence, if any, accompanying the application, the Registrar may, subject to subrule (4A), cause an order to be entered in favour of the applicant in terms of the application with costs, if any, by endorsing the originating application to that effect. (32 of 2002 s. 40) (4) Where there is more than one respondent, an order under this rule for possession shall not be enforced against any respondent unless and until an order or orders for possession has or have, as the case may be, been entered against all the respondents. (32 of 2002 s. 40) (4A) The Registrar may, where he thinks fit, refer any application under subrule (1) to the President or a presiding officer who may make such order thereon as the justice of the application may require. (32 of 2002 s. 40) (5) If at any time after the expiration of the time limited for the filing of a notice of opposition but before any order has been entered the respondent files a notice of opposition in accordance with these Rules the provisions of this rule shall not apply. (6) No order shall be entered against a respondent under this rule unless the Registrar is satisfied that the originating application has been served on the respondent. (7) The Tribunal may on such terms as it thinks fit set aside or vary any order made under this rule. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 16 Notice of hearing VerDate:30/06/1997 When an application has been listed for hearing the Registrar shall give notice thereof to all parties in Form 2. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 17 Public hearings VerDate:30/06/1997 The sittings of the Tribunal, other than on interlocutory matters, shall be open to the public. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 18 Preliminary point of law VerDate:30/06/1997 (1) The President or a presiding officer may, on the application of any party, order any point of law which it is within the jurisdiction of the President or a presiding officer to decide and which appears to be in issue in the proceedings to be disposed of at a preliminary hearing before the President or a presiding officer. (2) If the decision on the point of law substantially disposes of the proceedings, the President or a presiding officer may order that the argument shall be treated as the hearing of the case or may make such other order as he thinks fit. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 19 Mode of taking evidence VerDate:30/06/1997 The evidence of witnesses at the hearing of any proceedings may be taken orally on oath or affirmation, or by affidavit, declaration or otherwise as the Tribunal thinks fit. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 20 Expert evidence VerDate:30/04/2007 (1) The Registrar may, before appointing a time under rule 14(1) or (1A) for the hearing of any proceedings, by notice in writing require every party- (L.N. 281 of 2006) (a) to notify the Registrar in writing, within 14 days after the date of the notice, whether or not the party intends to call an expert witness or witnesses; and (b) if the party intends to call an expert witness or witnesses, to lodge with the Registrar, within 28 days after the date of the notice, the following documents relating to the evidence to be given by his expert witness or witnesses and a copy of each such document for every other party- (i) every plan and valuation of land (whether or not the subject of the proceedings) which it is proposed to put in evidence; (ii) a statement of particulars and computations in support of such valuation; (iii) a statement of any prices, costs or other particulars which are proposed to be given in evidence in support of any such valuation or a statement that no such prices, costs, particulars or plans will be relied upon. (2) (Repealed 25 of 1998 s. 2) (3) Where under rule 11 the name of any person is added or substituted as a party after the time for the hearing of any proceedings has been appointed under rule 14(1) or (1A), the Registrar may by notice in writing require such party to comply with subrule (1)(a) and (b). (L.N. 281 of 2006) (4) Where any party lodges with the Registrar any document under subrule (1)(b) the Registrar shall send a copy of such document to every other party. (5) If at the hearing a party seeks to rely upon any evidence in respect of which he has not lodged with the Registrar the documents specified in subrule (1)(b) the Tribunal shall, unless it is satisfied that no prejudice to any other party will arise, adjourn the hearing on such terms as to costs or otherwise as it thinks fit. (6) Nothing in Part V of the Evidence Ordinance (Cap 8), or in rules made under it, shall prevent expert evidence from being adduced before the Tribunal by any party notwithstanding that no application has been made to the Tribunal for a direction as to the disclosure of that evidence to any party to the proceedings. (Enacted 1994. 25 of 1998 s. 2) LANDS TRIBUNAL RULES - RULE 21 Affidavits VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 Order 41 of the Rules of the High Court (Cap 4 sub. leg. A) shall apply to affidavits to be read and used in proceedings before the Tribunal. (Enacted 1994. 25 of 1998 s. 2) LANDS TRIBUNAL RULES - RULE 22 Witness summons VerDate:30/06/1997 Upon application by any party by means of Form 3, the Registrar may issue a witness summons in Form 4 to any person, requiring him 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 possession or control, or both. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 23 Hearing VerDate:30/06/1997 (1) If no party appears at the time and place appointed for the hearing the proceedings may be struck out for want of appearance. (2) Where one party to the proceedings appears, but no other party appears, the Tribunal may- (a) hear the evidence and submissions of the party appearing; (b) on the application of that party, strike out the proceedings for want of appearance; or (c) adjourn the proceedings on such terms as to costs or otherwise as it thinks fit. (3) Where 2 or more parties appear, the Tribunal shall, in its absolute discretion, decide- (a) which party shall have the right to begin or to reply; and (b) the order and number of addresses by the parties or their respective counsel or solicitors or agents allowed under rule 26. (4) The Tribunal may, either of its own motion or at the request of a party, direct that written submissions be made either instead of or in addition to addresses by or on behalf of the parties. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 24 Reinstatement of proceedings VerDate:30/06/1997 (1) Where proceedings have been struck out for want of appearance, an application for their reinstatement may be made to the Tribunal within 21 days after the day on which they were struck out. (2) The application shall be served on the other parties. (3) On any such application, the Tribunal may, if it thinks fit, make an order reinstating the proceedings on such terms and conditions as it thinks fit. (4) The Registrar shall give notice to the parties of any reinstatement. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 25 Adjournment VerDate:30/06/1997 The hearing of any proceedings may from time to time be adjourned to such time and place and on such terms (if any) as the Tribunal thinks fit. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 26 Right of audience VerDate:30/06/1997 (1) 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. (2) An application for leave under subrule (1) may be made in writing before the hearing or orally at the hearing. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 27 Discontinuance and withdrawal VerDate:30/06/1997 (1) A party may, without leave of the Tribunal, discontinue the proceedings or withdraw any part thereof by serving a notice to that effect on the other party. (2) A party upon whom a notice mentioned in subrule (1) is served may, within 14 days of that service, apply to the Tribunal for an order for costs and, subject to the Landlord and Tenant (Consolidation) Ordinance (Cap 7), the Tribunal may make such order as it thinks fit. (3) In a case under Part IV of the Landlord and Tenant (Consolidation) Ordinance (Cap 7), a party upon whom a notice mentioned in subrule (1) is served may, within 14 days of that service, apply to the Tribunal for an order for the payment of rent and the Tribunal may order payment of rent due. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 28 Oral and written judgments VerDate:30/06/1997 (1) The reasons for any judgment, decision or order of the Tribunal may be delivered orally or in writing as the Tribunal shall think fit. (2) Where reasons have been delivered orally the Tribunal shall, if so required at any time by any party who has applied for a review under section 11A or appealed under section 11 of the Ordinance, record those reasons in writing. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 29 Consent order VerDate:30/06/1997 Where the parties have agreed upon the terms of any order to be made by the Tribunal, particulars of the terms, signed by or on behalf of the parties, shall be sent to the Tribunal, and an order may be made by the Tribunal in accordance with such terms in the absence of the parties, unless the Tribunal for any special reason requires their attendance. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 30 Clerical mistakes and slips VerDate:30/06/1997 Clerical mistakes in decisions or determinations, and errors arising therein from any accidental slip or omission may at any time be corrected by the Tribunal. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 31 Failure to comply with Rules VerDate:30/06/1997 Any failure on the part of any person to comply with the provisions of these Rules shall not render the proceedings or anything done in pursuance thereof invalid, unless the Tribunal so directs. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 32 Enlargement or abridgement of time VerDate:30/04/2007 (1) Subject to the provisions of these Rules, any of the times fixed by or by virtue of these Rules for- (a) taking any step in any proceedings; or (b) filing or lodging any document; or (c) giving any notice; or (L.N. 281 of 2006) (d) serving any document, (L.N. 281 of 2006) may be enlarged or abridged by the Tribunal on the application of any party or by consent of the parties given in writing. (2) An order enlarging time may be made although the application for it is not made until after the expiration of the time allowed or appointed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 33 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 29 of 1998 ss. 9 & 10 PART III PROCEEDINGS UNDER THE LANDS RESUMPTION ORDINANCE (29 of 1998 s. 9) In this Part- "Authority " (主管當局) has the same meaning as in section 2 of the Ordinance; "Ordinance" (條例) means the Lands Resumption Ordinance (Cap 124). (29 of 1998 s. 10) (Enacted 1994) "Authority " (主管當局) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 34 Procedure where compensation claimed for resumption VerDate:30/06/1997 (1) Proceedings under section 6(3)(b) or 8(2) of the Ordinance for determination of compensation shall be commenced by filing with the Registrar a notice of application substantially in accordance with Form 5. (2) Where a claim has been submitted to the Authority under section 6(2) of the Ordinance an application shall be accompanied by a copy of the claim. (3) Where section 6(3)(a) or (b)(i) of the Ordinance applies and a claim has not been submitted to the Authority the application shall be accompanied by a statement of the following particulars- (a) a description of the land resumed; (b) the estates or interests therein to which the proceedings relate; (c) an estimate of the amount of compensation which the applicant considers is in issue in the proceedings. (4) A copy of the application shall be served by the applicant on the respondent not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 35 Procedure where compensation claimed for entry VerDate:30/06/1997 Proceedings under section 7(3) of the Ordinance for determination of compensation shall be commenced by filing with the Registrar a notice of application substantially in accordance with Form 6 together with a copy of the claim submitted to the Authority under section 7(2) of the Ordinance. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 36 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 37 Interpretation VerDate:30/06/1997 PART IV PROCEEDINGS UNDER THE MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE In this Part- "Director" (署長) has the same meaning as in the Ordinance; "Ordinance" (條例) means the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276). (Enacted 1994) "Director" (署長) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 38 Claims for compensation VerDate:30/06/1997 (1) Proceedings under section 21 (6)(b) or (c) or (7) of the Ordinance shall be commenced by filing with the Registrar- (a) a notice of application substantially in accordance with Form 8; and (b) a copy of the claim served on the Director under section 21(1) of the Ordinance. (2) A copy of the application shall be served by the applicant on the respondent not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 39 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 40 Applications under sections 8(2) and 19(2) VerDate:30/06/1997 (1) (a) Proceedings under section 8(2) of the Ordinance shall be commenced by filing with the Registrar- (i) a notice of application substantially in accordance with Form 9; and (ii) an affidavit or affidavits setting out the grounds upon which the application is made. (b) Where any person applies to the Tribunal under section 19(2) of the Ordinance the application shall be accompanied by an affidavit or affidavits setting out the grounds upon which the application is made. (2) A copy of the application and affidavit or affidavits shall be served on the Director at least 21 days before the time fixed for hearing. (3) If the Director wishes to oppose the application or be heard thereon he shall at least 7 days before the time fixed for hearing file with the Registrar and serve on the applicant a notice of opposition stating the grounds thereof or stating that he wishes to be heard. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 41 Disposal of applications under section 8(2) or 19(2) VerDate:30/06/1997 (1) An application under section 8(2) or 19(2) of the Ordinance may be dealt with summarily by the Tribunal if it is not opposed by the Director or he does not wish to be heard. (2) Notwithstanding rule 27, an applicant may at any time before the hearing withdraw his application under section 8(2) or 19(2) of the Ordinance, without the leave of the Tribunal, by giving notice in writing thereof to the Registrar and the Director. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 42 Applications under section 33 VerDate:30/06/1997 An application to the Tribunal under section 33 of the Ordinance may be made ex parte and may be dealt with summarily by the Tribunal. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 43 Interpretation VerDate:01/07/2002 PART V PROCEEDINGS UNDER THE ROADS (WORKS, USE AND COMPENSATION) ORDINANCE In this Part- "Ordinance" (條例) means the Roads (Works, Use and Compensation) Ordinance (Cap 370); "Secretary" (局長) has the same meaning as in the Ordinance. (L.N. 106 of 2002) (Enacted 1994) "Ordinance" (條例) "Secretary" (局長) LANDS TRIBUNAL RULES - RULE 44 Claims for compensation VerDate:30/06/1997 (1) Proceedings under section 29(6)(b) or (c) or (7) of the Ordinance shall be commenced by filing with the Registrar- (a) a notice of application substantially in accordance with Form 10; and (b) a copy of the claim served on the Secretary under section 29(1) of the Ordinance. (2) A copy of the application shall be served by the applicant on the respondent not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 45 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 46 Applications under sections 23(2) and 28(2) VerDate:30/06/1997 (1) (a) Proceedings under section 23(2) of the Ordinance shall be commenced by filing with the Registrar- (i) a notice of application substantially in accordance with Form 11; and (ii) an affidavit or affidavits setting out the grounds upon which the application is made. (b) Where any person applies to the Tribunal under section 28(2) of the Ordinance the application shall be accompanied by an affidavit or affidavits setting out the grounds upon which the application is made. (2) A copy of the application to the Tribunal and affidavit or affidavits shall be served on the Secretary at least 21 days before the time fixed for hearing. (3) If the Secretary wishes to oppose the application or be heard thereon he shall at least 7 days before the time fixed for hearing file with the Registrar and serve on the applicant a notice of opposition stating the grounds thereof or stating that he wishes to be heard. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 47 Disposal of applications under sections 23(2) and 28(2) VerDate:30/06/1997 (1) An application under section 23(2) or 28(2) of the Ordinance may be dealt with summarily by the Tribunal if it is not opposed by the Secretary or he does not wish to be heard. (2) Notwithstanding rule 27, an applicant may at any time before the hearing withdraw his application under section 23(2) or 28(2) of the Ordinance, without the leave of the Tribunal, by giving notice in writing thereof to the Registrar and the Secretary. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 48 Claims for compensation VerDate:30/06/1997 PART VI PROCEEDINGS UNDER THE FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE (1) Proceedings for determination of a claim by the Tribunal under section 13(4) of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127) shall be commenced by filing with the Registrar- (a) a notice of application substantially in accordance with Form 12; and (b) a copy of particulars of the injurious affecting of the interest, right or easement and of claims thereof, delivered to the Director of Lands under section 12(1) of that Ordinance. (2) A copy of the application and particulars filed under subrule (1) shall be served by the applicant on the respondent not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 49 Notice of opposition VerDate:30/06/1997 The Director of Lands shall, if he wishes to oppose an application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The Director shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 50 Notice of dispute VerDate:30/06/1997 PART VII PROCEEDINGS UNDER THE HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE Where a dispute has arisen under section 25 of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap 301), the notice under subsection (2) of that section to be served on the Registrar shall be substantially in accordance with Form 13. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 51 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 14 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 52 Interpretation VerDate:30/06/1997 PART VIII PROCEEDINGS UNDER THE ELECTRICITY NETWORKS (STATUTORY EASEMENTS) ORDINANCE In this Part- "Ordinance" (條例) means the Electricity Networks (Statutory Easements) Ordinance (Cap 357); "power company" (電力公司) has the same meaning as in the Ordinance. (Enacted 1994) "Ordinance" (條例) "power company" (電力公司) LANDS TRIBUNAL RULES - RULE 53 Claims for compensation VerDate:30/06/1997 (1) Proceedings under section 10(3) of the Ordinance shall be commenced by filing with the Registrar- (a) a notice of application substantially in accordance with Form 14; and (b) a copy of the claim served on the power company under section 10(2) of the Ordinance. (2) A copy of the application shall be served by the applicant on the power company not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 54 Notice of opposition VerDate:30/06/1997 The power company shall, if it wishes to oppose the application, within 21 days of service of the notice of application upon it file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that it wishes to be heard. The power company shall, in its notice of opposition, state the facts relied upon by it in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 55 Interpretation VerDate:30/06/1997 PART IX PROCEEDINGS UNDER THE BUILDINGS ORDINANCE In this Part- "Ordinance" (條例) means the Buildings Ordinance (Cap 123). (Enacted 1994) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 56 Notice of application VerDate:30/06/1997 (1) Proceedings under section 18A of the Ordinance shall be commenced by filing with the Registrar a notice of application substantially in accordance with Form 15. (2) A copy of the application shall be served by the applicant on the respondent not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 57 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 58 Notice of appeal VerDate:30/06/1997 PART X PROCEEDINGS UNDER THE DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) ORDINANCE (1) Appeals to the Tribunal under the Demolished Buildings (Re-development of Sites) Ordinance (Cap 337) shall be instituted as follows- (a) under section 4(1), by filing with the Registrar a notice of appeal substantially in accordance with Form 16 and, if the appellant seeks an extension of the time allowed for such appeal, an application therefor; (b) under section 6(3), by filing with the Registrar a notice of appeal substantially in accordance with Form 17. (2) A copy of every notice of appeal under this Part shall be served by the appellant on the Director of Buildings or the Director of Lands within 21 days after it is filed and the Director shall within 21 days after such service send to the Registrar a copy of the order or assessment which is the subject of appeal. (3) The Director of Buildings or the Director of Lands shall, if he wishes to oppose the appeal, within 21 days of the service of the notice of appeal upon him file with the Registrar, and serve a copy on the appellant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The Director of Buildings or the Director of Lands shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the appellant to know the case he has to meet. (4) Notwithstanding rule 27, an appellant may, at any time before the hearing, withdraw his appeal, without the leave of the Tribunal, by giving notice in writing thereof to the Registrar and the Director of Buildings or the Director of Lands. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 59 Notice of application VerDate:30/06/1997 (1) Proceedings under section 7(2) of the Demolished Buildings (Re-development of Sites) Ordinance (Cap 337) shall be commenced by filing with the Registrar a notice of application substantially in accordance with Form 18. (2) A copy of the notice shall be served by the applicant on the respondent not later than 7 days after it is filed. (3) The respondent shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 60 Notice of appeal VerDate:30/06/1997 PART XI APPEALS UNDER THE RATING ORDINANCE Appeals to the Tribunal under section 42 of the Rating Ordinance (Cap 116) shall be instituted by filing with the Registrar- (a) a notice of appeal substantially in accordance with Form 19; and (b) a copy of the decision which is the subject of the appeal. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 61 Notice of opposition VerDate:17/05/2002 The Commissioner of Rating and Valuation shall, if he wishes to oppose the appeal, within 21 days of service of the notice of appeal upon him file with the Registrar, and serve a copy on the appellant, a notice of opposition substantially in accordance with Form 7 stating the grounds of opposing the appeal and that he wishes to be heard. The Commissioner of Rating and Valuation shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the appellant to know the case he has to meet. (Enacted 1994. L.N. 78 of 2002) LANDS TRIBUNAL RULES - RULE 62 Application for hearing appeal VerDate:17/05/2002 (1) The appellant shall- (a) within 14 days after the service on him under rule 61 of a copy of the notice of opposition; or (b) where no such copy of a notice of opposition has been served on him, within 14 days after the expiration of the time provided in rule 61 for the service on him of a copy of the notice of opposition, file with the Registrar an application in writing for a date to be fixed for the hearing of the appeal and shall at the same time serve a copy of the application on the Commissioner of Rating and Valuation. (2) If no application for a date to be fixed for the hearing of the appeal has been filed within the time specified in subrule (1)(a) or (b), the appeal shall lapse. (L.N. 78 of 2002) LANDS TRIBUNAL RULES - RULE 63 Service of notice of hearing VerDate:30/04/2007 Service of notice of hearing (L.N. 281 of 2006) The appellant, where he is neither the owner nor the occupier of the tenement the subject of an appeal, on whom a notice of hearing has been given by the Registrar under rule 14(1) shall serve a copy of the notice on the owner and the occupier of the tenement within 7 days of being so notified by the Registrar. (Enacted 1994. L.N. 281 of 2006) LANDS TRIBUNAL RULES - RULE 64 Interpretation VerDate:30/06/1997 PART XII APPEALS UNDER THE HOUSING ORDINANCE In this Part- "Ordinance" (條例) means the Housing Ordinance (Cap 283). (Enacted 1994) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 65 Notice of appeal VerDate:30/06/1997 (1) A purchaser may institute an appeal to the Tribunal under the Schedule to the Ordinance by filing with the Registrar a notice of appeal substantially in accordance with Form 20. (2) The appellant shall serve a copy of the notice of appeal on the Director of Housing within 7 days of filing the notice. (3) The Director of Housing shall within 21 days after such service file a notice of opposition substantially in accordance with Form 21 and serve a copy of the notice on the appellant. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 66 Application for hearing appeal VerDate:30/04/2007 (1) Within 14 days of the service of the notice of opposition the appellant shall apply in writing to the Registrar for a date to be fixed for the hearing of the appeal and shall at the same time serve a copy of the application for the hearing date on the Director of Housing. (2) Notwithstanding rule 14(1), if an appellant fails to file an application for a hearing within the time specified, the appeal shall lapse. (L.N. 281 of 2006) (Enacted 1994) LANDS TRIBUNAL RULES - RULE 67 Interpretation VerDate:30/06/1997 PART XIII PROCEEDINGS UNDER THE LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE In this Part- "Ordinance" (條例) means the Landlord and Tenant (Consolidation) Ordinance (Cap 7). (Enacted 1994) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 68 Commencement of proceedings VerDate:09/07/2004 Section A-Originating Applications (Proceedings under Parts I, II, IV and V of the Ordinance) (1) Proceedings under Parts I, II, IV and V of the Ordinance shall subject to Sections B and C of this Part be commenced by the applicant filing with the Registrar a notice of application substantially in accordance with Form 22. (1A) Proceedings for an order for possession and other reliefs upon 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 (16 of 2004) shall be commenced by the applicant filing with the Registrar a notice of application substantially in accordance with Form 22A. (16 of 2004 s. 16) (1B) Proceedings for an order for possession and other reliefs under section 7(1) of the Landlord and Tenant (Consolidation) (Amendment) Ordinance 2004 (16 of 2004) shall be commenced by the applicant filing with the Registrar a notice of application substantially in accordance with Form 22B. (16 of 2004 s. 16) (2) A copy of the notice of application shall be served by the applicant on the respondent not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 69 Notice of opposition VerDate:30/04/2007 (1) The respondent who wishes to oppose the application shall, within 7 days of service of the notice of application upon him- (a) file with the Registrar a notice of opposition substantially in accordance with Form 7 stating the grounds of opposition and that he wishes to be heard; and (b) serve a copy of the notice of opposition on the applicant. (L.N. 281 of 2006) (2) (Repealed L.N. 281 of 2006) (Enacted 1994) LANDS TRIBUNAL RULES - RULE 70 Particulars VerDate:30/06/1997 (1) The applicant shall, in his notice of application, state the facts relied upon by him in sufficient detail to enable the respondent to know the case he has to meet. (2) The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 71 (Repealed 25 of 1998 s. 2) VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 LANDS TRIBUNAL RULES - RULE 72 Commencement of proceedings VerDate:30/06/1997 Section B-Applications for cancelling or reducing increase in rent on account of improvements (Part II) (1) Proceedings under section 55A(8) of the Ordinance shall be commenced by the tenant filing with the Registrar a notice of application substantially in accordance with Form 23. (2) A copy of the notice of application shall be served by the applicant tenant on the respondent landlord no later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 73 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 14 days of service of the notice of application upon him file with the Registrar, and serve a copy thereof on the applicant, a notice of opposition substantially in accordance with Form 7, stating the grounds thereof and that he wishes to be heard. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 74 Notice of appeal VerDate:27/02/2004 Section C-Appeals (Part II and V) (32 of 2002 s. 40) (1) Proceedings under section 51D of the Ordinance shall be commenced by the appellant filing with the Registrar a notice of appeal substantially in accordance with Form 24. (2) Proceedings under section 60 of the Ordinance shall be commenced by the appellant filing with the Registrar a notice of appeal substantially in accordance with Form 25. (3) Proceedings under section 63A(6) of the Ordinance shall be commenced by the appellant filing with the Registrar a notice of appeal substantially in accordance with Form 26. (3A) Proceedings under section 121(6) of the Ordinance shall be commenced by the appellant filing with the Registrar a notice of appeal substantially in conformity with Form 37. (32 of 2002 s. 40; L.N. 29 of 2004) (4) Where the appellant is the landlord the respondent shall be the tenant and where the appellant is the tenant the respondent shall be the landlord. (5) The Commissioner of Rating and Valuation shall not be named as a party without the leave of the Tribunal. (6) A copy of the notice of appeal shall be served by the appellant on the respondent not later than 7 days after it is filed. (7) A copy of the notice of appeal shall be served by the Registrar on the Commissioner of Rating and Valuation not later than 7 days after it is filed. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 75 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the appeal, within 14 days of service of the notice of appeal upon him file with the Registrar, and serve a copy thereof on the appellant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 76 Interpretation VerDate:30/06/1997 PART XIV PROCEEDINGS UNDER THE BUILDING MANAGEMENT ORDINANCE In this Part- "Ordinance" (條例) means the Building Management Ordinance (Cap 344). (Enacted 1994) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 77 Commencement of proceedings VerDate:01/08/2007 Proceedings under the Ordinance shall be commenced by the applicant as follows- (a) under section 4 by filing with the Registrar a notice of application substantially in accordance with Form 27; (b) under section 31 by filing with the Registrar a notice of application substantially in accordance with Form 29; (L.N. 281 of 2006) (c) under Schedule 10 by filing with the Registrar a notice of application substantially in accordance with Form 29. (5 of 2007 s. 72) (Enacted 1994) LANDS TRIBUNAL RULES - RULE 78 Notice of opposition VerDate:30/06/1997 The respondent shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him file with the Registrar, and serve a copy on the applicant, a notice of opposition substantially in accordance with Form 7 stating the grounds thereof and that he wishes to be heard. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant to know the case he has to meet. (Enacted 1994) LANDS TRIBUNAL RULES - RULE 78A Interpretation VerDate:07/06/1999 PART XIVA PROCEEDINGS UNDER THE LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE In this Part- "connected application" (關聯申請) means an application to the Lands Tribunal for an order the cause of action of which is consequent upon the possible outcome of the main application; "main application" (主體申請) means an application to the Lands Tribunal for an order for sale under section 3(1)(b) of the Ordinance; "Ordinance" (《條例》) means the Land (Compulsory Sale for Redevelopment) Ordinance (Cap 545). (Part XIVA added L.N. 100 of 1999) "connected application" (關聯申請) "main application" (主體申請) "Ordinance" (《條例》) LANDS TRIBUNAL RULES - RULE 78B Commencement of proceedings VerDate:07/06/1999 Section A-Originating Application (1) Proceedings under section 3(1) of the Ordinance shall be commenced by the applicant by filing with the registrar a notice of application substantially in accordance with Form 32. (2) The applicant shall cause a copy of the notice of application to be served and registered under section 3(3)(a) and (b) of the Ordinance not later than 7 days after it is filed. (3) The applicant shall file with the registrar an affidavit of service and an affidavit of the registration, of the notice of application, within 3 days after such service or registration to the effect that service or registration, as the case may be, has been effected. (4) The applicant shall cause a copy of the notice as specified in Part 2 of Schedule 1 to the Ordinance in the Chinese and English languages to be affixed and published under section 3(3)(c)(i) and (ii) of the Ordinance not later than 7 days after filing of the notice of application under subrule (1). (5) The applicant shall file with the registrar an affidavit of affixture and an affidavit of the publication within 3 days after such affixture or publication to the effect that the affixture or publication, as the case may be, has been effected. (Part XIVA added L.N. 100 of 1999) LANDS TRIBUNAL RULES - RULE 78C Notice of opposition VerDate:07/06/1999 The respondent shall, if he wishes to oppose the application, within 21 days of the service of the notice of application upon him, file with the registrar, and serve a copy thereof on the applicant, a notice of opposition substantially in accordance with Form 33, stating the grounds thereof and whether he wishes to be heard or not. (Part XIVA added L.N. 100 of 1999) LANDS TRIBUNAL RULES - RULE 78D Notice of hearing VerDate:07/06/1999 The registrar shall cause a copy of the notice of hearing of the main application to be served on- (a) all parties to the main application; and (b) all parties to any connected applications filed with the registrar. (Part XIVA added L.N. 100 of 1999) LANDS TRIBUNAL RULES - RULE 78E Commencement of proceedings VerDate:09/06/2000 Section B-Application for Determination of Compensation Payable to Tenants (1) A tenant shall, if he wishes to make representations, within 21 days of affixing of the notice as specified in Part 2 of Schedule 1 to the Ordinance, file with the registrar a notice of application substantially in accordance with Form 34. (2) A copy of the notice of application shall be served by the applicant tenant on the owner, whether classified as majority owner or minority owner, and the applicant in the main application not later than 7 days after it is filed. (3) The applicant tenant shall, within 3 days of service of notice of application under subrule (2), file with the registrar an affidavit or affirmation of service substantially in accordance with Form 30, unless the respondent majority owner or minority owner so served has within that period filed with the registrar a notice of opposition to the application. (32 of 2000 s. 48) (Part XIVA added L.N. 100 of 1999) LANDS TRIBUNAL RULES - RULE 78F Notice of opposition VerDate:09/06/2000 The respondent majority owner or minority owner shall, if he wishes to oppose the application, within 21 days of service of the notice of application upon him, file with the registrar, and serve a copy on the applicant tenant and the applicant in the main application, a notice of opposition substantially in accordance with Form 35, stating the grounds thereof and whether he wishes to be heard or not. The respondent majority owner or minority owner shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the applicant tenant to know the case he has to meet. (32 of 2000 s. 48) (Part XIVA added L.N. 100 of 1999) LANDS TRIBUNAL RULES - RULE 78G Interpretation VerDate:17/05/2002 PART XIVB APPEALS UNDER THE GOVERNMENT RENT (ASSESSMENT AND COLLECTION) ORDINANCE In this Part- "Ordinance" (條例) means the Government Rent (Assessment and Collection) Ordinance (Cap 515). (Part XIVB added L.N. 78 of 2002) "Ordinance" (條例) LANDS TRIBUNAL RULES - RULE 78H Notice of appeal VerDate:17/05/2002 Appeals to the Tribunal under section 26 of the Ordinance shall be instituted by filing with the Registrar, within the period of 28 days referred to in subsection (1) of that section, the following- (a) a notice of appeal substantially in accordance with Form 36; and (b) a copy of the notice of decision which has been served on the appellant under section 4(11), 21(1) or 25(3) of the Ordinance. (Part XIVB added L.N. 78 of 2002) LANDS TRIBUNAL RULES - RULE 78I Notice of opposition VerDate:17/05/2002 The respondent shall, if he wishes to oppose the appeal, within 21 days of the service on him of a copy of a notice of appeal under section 26(3) of the Ordinance, file with the Registrar a notice of opposition substantially in accordance with Form 7 stating the grounds of opposing the appeal and that he wishes to be heard and shall serve a copy of the notice of opposition on the appellant. The respondent shall, in his notice of opposition, state the facts relied upon by him in sufficient detail to enable the appellant to know the case he has to meet. (Part XIVB added L.N. 78 of 2002) LANDS TRIBUNAL RULES - RULE 78J Application for hearing appeal VerDate:17/05/2002 (1) The appellant shall- (a) within 14 days after the service on him under rule 78I of a copy of the notice of opposition; or (b) where no such copy of a notice of opposition has been served on him, within 14 days after the expiration of the time provided in rule 78I for the service on him of a copy of the notice of opposition, file with the Registrar an application in writing for a date to be fixed for the hearing of the appeal and shall at the same time serve a copy of the application on the respondent. (2) If no application for a date to be fixed for the hearing of the appeal has been filed within the time specified in subrule (1)(a) or (b), the appeal shall lapse. (Part XIVB added L.N. 78 of 2002) LANDS TRIBUNAL RULES - RULE 79 Repeal, application and saving VerDate:30/06/1997 PART XV MISCELLANEOUS (1) The Lands Tribunal Rules (Cap 17 sub. leg.) in force immediately prior to the commencement of these Rules are repealed. (2) These Rules shall not apply in relation to applications made to the Tribunal before the commencement of these Rules, and in relation to such applications the Rules referred to in subsection (1) shall continue to apply as if these Rules had not been made. (Enacted 1994) LANDS TRIBUNAL RULES - SCHEDULE SCHEDULE VerDate:01/08/2007 [rule 1] FORMS FORM 1 [rule 4(1)] INTERLOCUTORY APPLICATION (Heading) Lands Tribunal Application No. ............... TO of YOU ARE HEREBY SUMMONED to appear before His Honour ................. Presiding Officer at his Chambers at the Lands Tribunal at ...................................................... on ......... day the ............ day of .......................... 19 .......... at ................. o'clock in the ............. noon on the hearing of an application on the part of the Applicant/Respondent* for an order to be made that (1)- And you are to take notice that if you do not appear the Tribunal may consider and deal with the application in a summary way. Dated this .............. day of ...................... 19 .......... The address of the Applicant/Respondent* is The address of the Applicant/Respondent solicitor* is ...............................................+ Seal of the Tribunal ................................................ Applicant/Respondent* (1) State the object of the application. * Delete whichever is inapplicable. + Name of the Registrar. ___________ FORM 1 INTERLOCUTORY APPLICATION (reverse) Affidavit/Affirmation* of Service Bailiff's Notes I, ............................................ make oath/do solemnly, sincerely and truly declare and affirm* and say that the within application was served by me on the said Applicant/Respondent* ............................... ........................................................................... .... on the ........ day of .................. 19 ....... by delivering a copy thereof to ...................................... ........................................................................... ... Sworn/Affirmed* at the courts of Justice/Lands Tribunal Registry*, .................................... Hong Kong, the ................... day of ................................ 19 ......... Before me, A Commissioner etc. *Delete whichever is inapplicable. (L.N. 417 of 1995) ---------------------- FORM 2 [rule 16] NOTICE OF HEARING Lands Tribunal Application No. ..................... These proceedings have been set down for hearing before the Lands Tribunal at ........................................................................... .......................... in the Fixture/Floating List on ............. day the ................ day of ........ 19 ....... at ......... a.m./p.m., or in the Running List. Dated this .................. day of ........................ 19 ......... ..................................................... (Deputy Registrar, Lands Tribunal) To .............................................. (L.N. 417 of 1995) --------------------- FORM 3 [rule 22] APPLICATION FOR SUMMONS TO A WITNESS Lands Tribunal Application No. ........................... To: The Registrar, Lands Tribunal Whereas ...................... of ........................................................................ is likely to give material evidence on behalf of the Applicant/Respondent, I .............. apply for a summons to be issued to the said ............................................ requiring him to appear at the Tribunal sitting at .................................................. on ........... day the ........ day of ........................ 19 ..... at ........... a.m./p.m. to give evidence on behalf of the Applicant/Respondent. Dated this .................. day of ..................... 19 ......... ............................................................. (Solicitors for the) Applicant/Respondent (L.N. 417 of 1995) ------------------- FORM 4 [rule 22] SUMMONS TO WITNESS TO APPEAR (AND TO PRODUCE DOCUMENTS) Lands Tribunal Application No. ........................... To [Name, address and occupation] You are hereby summoned to attend at a sitting of the Lands Tribunal to be held at ................................................. on ................... day the ................. day of .................................. 19 .......... at ......... a.m./p.m. to give evidence in the above proceedings (and also to bring with you and produce [State particulars of documents required]). This summons was issued on behalf of Applicant/Respondent .................................... ........................................................................... ............................................................ Dated this ................ day of ................... 19 ........... ............................................. Registrar, Lands Tribunal (L.N. 417 of 1995) ---------------------- FORM 5 [rule 34(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION FOR LAND RESUMED UNDER LANDS RESUMPTION ORDINANCE Pursuant to section 6(2)/8(2)* *I/We ................................ of ........................................................................... ..... (address) ........................................................................... ............................................................ or *The Director of Lands require(s) the Lands Tribunal to determine the amount of compensation to be paid in respect of the resumption of ........................................................................... .............................. ........................................................................... ............................................................ (describe the estate or interest in land resumed) formerly owned by *me/us or *by ........................................................................... ...................................................... (name(s)) ........................................................................... ............................................................ because *an offer made under section 6(1)(a) of the Ordinance has been rejected. (Attach a statement of particulars required by rule 34(3).) *a claim submitted under section *6(2)/8(1) of the Ordinance has not been agreed. (Attach a copy of the claim.) *no claim has been submitted under section 6(2) of the Ordinance. (Attach a statement of the particulars required by rule 34(3).) Dated this .................... day of .................... 19 .......... ..................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. Address for service of the Applicant: *Delete whichever does not apply. (L.N. 417 of 1995; 29 of 1998 s. 9) -------------------- FORM 6 [rule 35] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION FOR ENTRY UNDER LANDS RESUMPTION ORDINANCE Pursuant to section 7(3) *I/We ................................... of ........................................................................... . (address) ........................................................................... ............................................................ as *owner(s)/occupier(s) of ........................................................................... .................. (describe the land) ........................................................................... ............................................................ or *The Director of Lands require(s) the Lands Tribunal to determine the amount of compensation to be paid in respect of damage caused by reason of- +entry upon ........................................................................... ................................. (describe the land) ........................................................................... ................................................... and/or works performed thereon, under section 7(1) of the Ordinance. A claim for compensation (copy attached) was made pursuant to section 7(2) of the ordinance but no agreement has been reached by way of settlement or compromise. Dated this ........ day of .................... 19 ............ ................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. Address for service of the Applicant: * Delete whichever does not apply. + Amend to suit the nature of the claim. (L.N. 417 of 1995; 29 of 1998 s. 9) ------------------------ Lands Tribunal Application No. .................... FORM 7 [rules 36, 39, 40, 45, 49, 51, 54, 57, 58, 59, 61, 69, 73, 75, 78, 78I] NOTICE OF OPPOSITION TO APPLICATION/APPEAL TO LANDS TRIBUNAL UNDER LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE *or .................................................. ORDINANCE Pursuant to section ............................... +Name, address and status of applicant: Name, address and status of respondent: Address and description of premises: Names, ages and relationship to respondent of persons occupying premises (if application under section 53(2)(b) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7)): Grounds and particulars: I do/do not wish to be heard. Dated this .............. day of .................... 19 ...... ............................................ (Respondent) Address for service of the Respondent: To: 1. The Registrar, Lands Tribunal. 2. The Applicant. (Please add such other persons as may be required to be served) * Delete whichever is inapplicable and if necessary add title of relevant Ordinance. + State in relation to applications under the Landlord and Tenant (Consolidation) Ordinance (Cap 7) whether status of party is landlord, principal tenant, tenant or sub-tenant. (L.N. 417 of 1995; 25 of 1998 s. 2; L.N. 78 of 2002; 16 of 2004 s. 16) ------------------------ FORM 8 [rule 38(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION UNDER MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE Pursuant to section ..................... *I/We .......................................................... of ...................................................... (Address) ........................................................................... ............................................................ or The Director of Lands require(s) the Lands Tribunal to determine the amount of compensation to be paid in respect of a claim (copy attached) for compensation under item(s) ................................................ (specify the items) of Part I of the First Schedule to the Ordinance. The Director has rejected the claim and now commences these proceedings pursuant to section *21(6)(b)/21(6)(c) of the Ordinance. [To be completed only where the Director is applying.] or 4 months have expired since the claim was received by the Director and these proceedings are commenced pursuant to section 21(7) of the Ordinance. +The reasons given by the Director, under section 21(5) of the Ordinance for rejecting the claim were- Dated this ....................... day of .................. 19 .......... .................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. Address for service of the Applicant: * Delete whichever does not apply. + Complete where applicable. (L.N. 417 of 1995) -------------------------- FORM 9 [rule 40(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO REVIEW DECISION OF CHIEF EXECUTIVE REFUSING TO RESUME CONTIGUOUS OR ADJACENT LAND UNDER MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE Pursuant to section 8(2) I/We ................................................ of ................................................................. (address) ........................................................................... ............................................................ as former owner(s)/occupier(s) of- (a) the resumed land being ........................................................................... ... ........................................................................... .................................... ; (describe the resumed land) and (b) the contiguous or adjacent land being ......................................................... ........................................................................... ...................................... (describe the contiguous or adjacent land) apply to the Lands Tribunal to review the decision of the Chief Executive made under section 8(1) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276) that the resumed land is not reasonably necessary to the use and enjoyment of the contiguous or adjacent land so that such contiguous or adjacent land cannot itself be put to any profitable use. A copy of the application made to the Chief Executive pursuant to section 8(1) of the Ordinance is attached. Dated this ......................... day of .................. 19 ........... ................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. Director of Lands. Address for service of the Applicant: (L.N. 417 of 1995; 25 of 1998 s. 2) -------------------------- FORM 10 [rule 44(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION UNDER ROADS (WORKS, USE AND COMPENSATION) ORDINANCE Pursuant to section ................... * I/We ...................................... of ........................................................................... ... ........................................................................... ...................................................... * The Secretary for Transport and Housing * require(s) the Lands Tribunal to extend pursuant to section 28(2) of the Ordinance the period(s) specified by section 28(1) of the Ordinance. or * require(s) the Lands Tribunal to review pursuant to section 23(2) of the Ordinance a decision of the Chief Executive made under section 23(1) of the Ordinance. or * require(s) the Lands Tribunal to determine the amount of compensation to be paid in respect of a claim (copy attached) for compensation under item(s) ............................... of Part II of the Schedule to the Ordinance. * The Secretary has rejected the claim and commences these proceedings pursuant to section 29(6)(b)/29(6)(c) of the Ordinance. (To be completed only where the Secretary is applying). or 7 months have expired since the claim was received by the Secretary and these proceedings are commenced pursuant to section 29(7) of the Ordinance. The reasons given by the Secretary under section 29(5) of the Ordinance, for rejecting the claim were- (Complete where applicable) Dated this .............................. day of ................. 19 ............ ................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. Address for service of the applicant: *Delete whichever is inapplicable. (L.N. 417 of 1995; 25 of 1998 s. 2; L.N. 106 of 2002; L.N. 130 of 2007) -------------------------- FORM 11 [rule 46(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO REVIEW DECISION OF CHIEF EXECUTIVE REFUSING TO RESUME CONTIGUOUS OR ADJACENT LAND UNDER ROADS (WORKS, USE AND COMPENSATION) ORDINANCE Pursuant to section 23(2) I/We .................................................................. of ............................................... ........................................................................... ... have a compensatable interest (address) in the undermentioned contiguous or adjacent land and- (a) being the former owner(s)/occupier(s) of ................................................... ........................................................................... ...................................... (describe the resumed land) *OR (a) being aggrieved by the closing of the road or extinguishment, modification or restriction of the private right, namely- ........................................................................... ...................................... ........................................................................... ...................................... (describe the road or private right) (b) the contiguous or adjacent land being ......................................................... ........................................................................... ...................................... (describe the contiguous or adjacent land) apply to the Lands Tribunal to review the decision of the Chief Executive made under section 23(1) of the Ordinance that the resumed land/road/right is not reasonably necessary to the use and enjoyment of the contiguous or adjacent land. A copy of the application made to the Chief Executive pursuant to section 23(1) of the Ordinance is attached. Dated this .................. day of .................. 19 ............. ................................................................... (to be signed by or on behalf of the Applicant) To: 1 The Registrar, Lands Tribunal. 2. Secretary for Transport and Housing. Address for service of the applicant: *Delete whichever does not apply. (L.N. 417 of 1995; 25 of 1998 s. 2; L.N. 106 of 2002; L.N. 130 of 2007) -------------------------- FORM 12 [rule 48(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION UNDER FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE Pursuant to section I/We ........................................................ of ......................................................... (address) ........................................................................... ............................................................ or *The Director of Lands require(s) the Lands Tribunal to determine under section 13 of the Ordinance, the amount of compensation payable in respect of a claim (copy attached) made under section 12 of the Ordinance by ........................................................................... ....................................... ........................................................................... ............................................................ ........................................................................... ............................................................ (person affected) Authorization of the proposal under section 3 of the Ordinance to which the claim relates, became effective under section 7 of the Ordinance. or Authorization of the proposal under section 3 of the Ordinance to which the claim relates, has been given (in part) by the Chief Executive in Council under section *8(1)(b)/8(1)(c) of the Ordinance. It is certified that notice under section 13(5) of the Ordinance of reference of the claim to the Lands Tribunal was served on the other party to the claim on the ......................... day of .................... 19 ............. Dated this .................. day of .................. 19 ............. ................................................................... (to be signed by or on behalf of the Applicant) To: The Registrar, Lands Tribunal. Address for service of the Applicant: *Delete whichever is inapplicable. (L.N. 417 of 1995; 25 of 1998 s. 2) -------------------------- FORM 13 [rule 50] NOTICE TO LANDS TRIBUNAL UNDER HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE Pursuant to section 25(2) *I/We .................................................... of ............................................................ (address) ........................................................................... ............................................................ or *The Director of Lands require(s) the Lands Tribunal to determine a dispute under section 25 of the Ordinance as to the compensation to be paid for ........................................................................... ............ (describe the loss, damage or expense for which compensation ........................................................................... ............................................................ has been claimed and attach copy of claim made under section 23 of the Ordinance) The Tribunal is also required to determine the person or persons to whom compensation is payable. The names and addresses of the persons claiming entitlement to the compensation are- (set out names and address) It is certified that notice, under section 25(2) of the Ordinance, of intention to refer this dispute to the Tribunal was served on the following parties to the dispute on the .................. day of ................ 19 ..............-(set out names and addresses) Dated this .................. day of ................... 19 ......... ................................................................... (to be signed by or on behalf of the Applicant) To: The Registrar, Lands Tribunal. Address for service of the applicant: *Delete whichever inapplicable. (L.N. 417 of 1995) ------------------ FORM 14 [rule 53(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION UNDER ELECTRICITY NETWORKS (STATUTORY EASEMENTS) ORDINANCE Pursuant to section 10(3) I/We ................................................... of .............................................................. ........................................................................... ............................................................ require the Lands Tribunal to determine the amount of compensation in a claim (copy attached) for compensation under section 10(1) of the Ordinance. Particulars of the application are- 1. Land affected by the registration of the statutory order: 2. Nature of the estate or interest of the applicant in the land: 3. Amount of compensation claimed: 4. Grounds and facts relied upon by applicant: 28 days have expired since the claim was delivered to the power company but the applicant and the power company have failed to reach agreement in respect of the power company's liability, if any, under section 10 of the Ordinance. This application is being submitted to the Tribunal not later than 60 days after the expiration of the said 28 days. Dated this .................. day of ............................. 19 .......... .................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. (Power company). Address for service of the applicant: (L.N. 417 of 1995) -------------------------- FORM 15 [rule 56(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL TO DETERMINE COMPENSATION UNDER BUILDINGS ORDINANCE Pursuant to section 18A *I/We ........................................... of .................................................................... ........................................................................... ............................................................ require the Lands Tribunal to determine the compensation to be paid by the respondent(s) in respect of a shoring claim the particulars of which are as follows- *1. I am the occupier of a building for which shoring is erected or I am a person other than the occupier of a building for which shoring is erected. The building is situate at ........................................................................... ................ ........................................................................... .................................................... 2. Name and address of respondent(s). 3. Address of respondent(s) building works/proposed building works which necessitate the erection of shoring- ........................................................................... ................................................... 4. No agreement in writing has been entered into with the respondent(s) for payment of compensation. If I do so, I will inform you in writing. 5. Particulars of loss or damage suffered by applicant by reason of the erection, maintenance or dismantling of the shoring: Dated this ................... day of ................. 19 .......... ................................................................... (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. Respondent(s). Address for service of the applicant: * Delete whichever inapplicable. (L.N. 417 of 1995) -------------------------- FORM 16 [rule 58(1)(a)] NOTICE OF APPEAL TO LANDS TRIBUNAL UNDER DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) ORDINANCE Pursuant to section 4(1) I/We ............................................. of .................................................................... (address) ........................................................................... ............................................................ as owner(s) of ........................................................................... ...................................... (describe the property) ........................................................................... ............................................................ require the Lands Tribunal to hear an appeal against a re-development order in respect of such property made by the Director of Buildings pursuant to section 4(1) of the Ordinance and served on *me/us on the ............... day of ................................ The appeal is against ........................................................................... .................... (here state whether the appeal is ........................................................................... ............................................................ against the entire order or specify the part or parts objected to) ........................................................................... ............................................................ The grounds of appeal are ........................................................................... ............ ........................................................................... ............................................................ ........................................................................... ............................................................ Dated this ..................... day of ................................ ......................................................................... (to be signed by or on behalf of the appellant(s)) To: 1. The Registrar, Lands Tribunal. 2. The Director of Buildings. Address for service of the Appellant(s): * Delete whichever does not apply. (L.N. 417 of 1995; L.N. 281 of 2006) -------------------------- FORM 17 [rule 58(1)(b)] NOTICE OF APPEAL TO LANDS TRIBUNAL UNDER DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) ORDINANCE Pursuant to section 6(3) I/We ........................................................ of ......................................................... (address) ........................................................................... ............................................................ as *owner(s)/mortgagee(s) of ........................................................................... ............... (describe the property) ........................................................................... ............................................................ require the Lands Tribunal to hear an appeal against assessment of incremental value in respect of such property made by the Director of Lands pursuant to section 6(1) of the Ordinance and notified to *me/us on the ......... day of ............... 19...... The grounds of appeal are ........................................................................... ............ ........................................................................... ............................................................ ........................................................................... ............................................................ Dated this ....................... day of .................. 19 ........... .................................................................. (to be signed or on behalf of the appellant(s)) To: 1. The Registrar, Lands Tribunal. 2. The Director of Lands. Address for service of the Appellant(s): *Delete whichever does not apply. (L.N. 417 of 1995) -------------------------- FORM 18 [rule 59] NOTICE OF APPLICATION TO LANDS TRIBUNAL UNDER DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) ORDINANCE Pursuant to section 7(2) Name and address of applicant: Name and address of respondent: Address and description of premises: Term of tenancy: Rent: (1) On the ...................... day of ................ 19 ......... I vacated the premises which were the subject of a Closure Order. (2) In the premises I had occupied (insert details of accommodation): (3) I apply that the compensation to which I may be entitled be determined. (4) I have not entered into any agreement with my landlord or principal tenant as regards payment of compensation. If I do so, I will inform you in writing. Dated this ......................... day of .................... 19 ......... .............................................. Applicant Address for service of the Applicant: To: 1. The Registrar, Lands Tribunal. 2. Respondent. (L.N. 417 of 1995) -------------------------- FORM 19 [rule 60] Rating Appeal No. of 19 NOTICE OF APPEAL TO LANDS TRIBUNAL UNDER RATING ORDINANCE Pursuant to section 42(1) *I/We .................................................. of .............................................................. ........................................................................... ............................................................ as *owner(s)/occupier(s)/ ........................................................................... ..................... (specify any other capacity) require the Lands Tribunal to hear an appeal against the decision of the Commissioner of Rating and Valuation that ........................................................................... ...................... ........................................................................... ............................................................ (describe the tenement and summarize the decision affecting it) The decision was served on *me/us by the Commissioner pursuant to section *39/40(2) of the Ordinance on the ..................... day of .................. 19 ............... +The grounds of the appeal and the facts on which they are based are ....................... ........................................................................... ............................................................ ........................................................................... ............................................................ The Tribunal is requested to make an order under section 44(1) of the Ordinance that ........................................................................... ............................................................ ........................................................................... ............................................................ ........................................................................... ............................................................ (set out the remedy sought) Dated this ...................... day of ................. 19 ............. .................................................................... (to be signed by or on behalf of the Appellant) Address for service of the Appellant(s): To: 1. The Registrar, Lands Tribunal. 2. Commissioner of Rating and Valuation. 3. (Please add such other person as may be required to be served). * Delete whichever is inapplicable. + Note section 42(2) of the Ordinance. (L.N. 417 of 1995) -------------------------- FORM 20 [rule 65(1)] NOTICE OF APPEAL TO LANDS TRIBUNAL UNDER HOUSING ORDINANCE Pursuant to the Schedule I/We .............................................. of ................................................................... ........................................................................... ............................................................ as the purchaser(s) of ........................................................................... ........................... ........................................................................... ............................................................ ........................................................................... ............................................................ (describe the property) require the Lands Tribunal to hear an appeal against the assessment of the Prevailing Market Value in respect of the property described made by the Director of Housing and notified to me/us on the ................. day of ................ 19 ........... The grounds of appeal are ........................................................................... ............ ........................................................................... ............................................................ ........................................................................... ............................................................ Dated this ............. day of ................... 19 ............... .......................................... Appellant To: 1. The Registrar, Lands Tribunal. 2. The Director of Housing. Address for service of the Appellant: (L.N. 417 of 1995) -------------------------- FORM 21 [rule 66(3)] NOTICE OF OPPOSITION TO AN APPEAL UNDER HOUSING ORDINANCE Pursuant to the Schedule The Director of Housing gives notice that he opposes the appeal by ........................... ........................................................................... ................. the appellant purchaser(s) of ........................................................................... ............................................................ ........................................................................... ............................................................ (describe the property) filed with the Lands Tribunal against the assessment made by me of the Prevailing Market Value in respect of the property described. A copy of the assessment made by me on the .......... day of ............ 19 ......., against which the appeal has been made, is annexed. Dated this ......... day of .................. 19 ............. ...................................................................... for and on behalf of the Director of Housing To: 1. The Registrar, Lands Tribunal. 2. The Appellant(s). Address for service of the Director of Housing: (L.N. 417 of 1995) -------------------------- FORM 22 [rule 68] NOTICE OF APPLICATION UNDER LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE Pursuant to section .............................. LD No. .............................. Applicant's Name: .............................................................* (Landlord/Tenant/Sub-tenant) and Address: ........................................................................... ................................... Respondent's Name: ..........................................................* (Landlord/Tenant/Sub-tenant) and Address: ........................................................................... ................................... Address of premises: ........................................................................... ............................ User of premises: .........................................................................* (Residential/Business) Duration of tenancy: From ................... To ................... Existing rent: $ ................. /month Nature and particulars of application: * Application for new tenancy. / *Application for determination of prevailing market rent. * Application for recovery of possession of the suit premises and rent as the respondent has failed to pay rent from the day of and application for order for mesne profits, costs, *interest, *management fees, *rates/Government rent, *water/electricity/gas charges and *other utility charges. * Application for disposal of properties left in the premises by the respondent. Dated this ................. day of ................................ ..........................................................................+ (Signature of *the authorized representative of Applicant) Full name of authorized representative: ..................................................... To: 1. The Registrar, Lands Tribunal. 2. The Respondent. Address for service of the applicant: ........................................................................... ..... ........................................................................... ........................................................... + If the applicant is a company/incorporation, please affix the company seal and write down the full name of the signatory. * Delete whichever is inapplicable. Note: If the respondent intends to oppose this application, he must personally attend at the Lands Tribunal Registry within 7 days of the date of service of this notice, and file a notice of opposition (Form 7). (32 of 2002 s. 40; L.N. 281 of 2006) _____________ FORM 22A [rule 68(1A)] NOTICE OF APPLICATION UNDER LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) ORDINANCE 2004 Pursuant to section 5(2) LD / No. .............................................. Applicant's Name: ........................................................................... ........................ *(Landlord/Tenant) and Address: ........................................................................... ........................................................... Respondent's Name: ........................................................................... ................... *(Tenant/Sub-tenant) and Address: ........................................................................... ........................................................... Address of premises: ........................................................................... .................................................. Duration of tenancy before service of Transitional Termination Notice: From .................................... To ............................. Existing rent: $ ..... /month Transitional Date of Date of Expiry Termination Notice: Service: ................................................................... of Notice: ...................... Mode of Service:................................................................... ............................ Nature and particulars of application: The tenancy having been terminated upon the expiry of a transitional termination notice, the applicant applies for recovery of possession of the suit premises and claims against the respondent for the following item(s): (1) Arrears of rent/mesne profits from ........................................................................... ......... to the date of delivery of vacant possession of the suit premises and costs. (2) And others ........................................................................... ...................................................... ........................................................................... ........................................................................ Dated this .................. day of .................................. ..............................................................+ (Signature of *Applicant/authorized representative of Applicant) Full name of authorized representative: ................................... To: 1. The Registrar, Lands Tribunal. 2. The Respondent. Applicant's address for service: ........................................................................... ................................ ........................................................................... ........................................................................... .... + If the applicant is a company/incorporation, please affix the company seal and write down the full name of the signatory. * Delete whichever is inapplicable. Note: If you intend to oppose this application, you must personally attend at the Lands Tribunal Registry within 7 days of the date of service of this notice or within the time as ordered by the Tribunal, and file a notice of opposition (Form 7). (16 of 2004 s. 16) _____________ FORM 22B [rule 68(1B)] NOTICE OF APPLICATION UNDER LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) ORDINANCE 2004 Pursuant to section 7(1) LD / No. .............................................. Applicant's Name: ........................................................................... ....................... *(Landlord/Tenant) and Address: ........................................................................... ......................................................... Respondent's Name: ........................................................................... ................. *(Tenant/Sub-tenant) and Address: ........................................................................... ......................................................... Address of premises: ........................................................................... ................................................ Duration of tenancy: From ..................... To ................. Existing rent: $ .................................. /month Transitional Termination Date of Date of Expiry Notice (if any): Service: .................................................... of Notice: ....................... Mode of Service: ........................................................................... .......... Nature and particulars of application: The applicant applies for possession of the suit premises on the ground that the suit premises are reasonably required by the applicant as a residence for- [Names, ages and relationship to the applicant of person(s) for whom occupation of the suit premises is required] ........................................................................... ........................................................................... .... And further claims against the respondent for the following item(s): (1) Arrears of rent/mesne profits from ........................................................................... ......... to the date of delivery of vacant possession of the suit premises and costs. (2) And others ........................................................................... ....................................................... ........................................................................... ......................................................................... Dated this ................... day of .................................... ................................................................+ (Signature of *Applicant/authorized representative of Applicant) Full name of authorized representative: ................................. To: 1. The Registrar, Lands Tribunal. 2. The Respondent. Applicant's address for service: ........................................................................... ................................. ........................................................................... ........................................................................... ..... + If the applicant is a company/incorporation, please affix the company seal and write down the full name of the signatory. * Delete whichever is inapplicable. Note: If you intend to oppose this application, you must personally attend at the Lands Tribunal Registry within 7 days of the date of service of this notice or within the time as ordered by the Tribunal, and file a notice of opposition (Form 7). (16 of 2004 s. 16) -------------------------- FORM 23 [rule 72(1)] NOTICE OF APPLICATION TO LANDS TRIBUNAL FOR ORDER CANCELLING OR REDUCING INCREASE OF RENT ON ACCOUNT OF IMPROVEMENTS UNDER LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE Pursuant to section 55A(8) Name and address of applicant: (tenant/sub-tenant) Name and address of respondent: (landlord/principal tenant) The applicant hereby applies for an order cancelling or reducing the increase in rent as specified in the Notice of Increase served on the applicant by the respondent on ........................................................................... ........... in respect (date of service) of the premises known as ........................................................................... ...................... (description of premises) on the ground that- *(a) the improvement was unnecessary. *(b) a greater amount was expended on the improvement than was reasonable. *(c) the apportionment of the increase of rent resulting from improvement among the tenants was unreasonable. The applicant also applies for an order for costs. Address for service of applicant: Dated this ....................... day of .................... 19 ...... ........................................................................ (to be signed by or on behalf of the Applicant) To: 1. The Registrar, Lands Tribunal. 2. The Respondent. Note: If you intend to oppose this application, you must personally attend at the Lands Tribunal Registry within 14 days of the day of service of this notice, and file a notice of opposition by means of Form 7. *Delete whichever inapplicable. (L.N. 417 of 1995) -------------------------- FORM 24 [rule 74(1)] NOTICE OF APPEAL TO LANDS TRIBUNAL AGAINST DECISION OF COMMISSIONER OF RATING AND VALUATION ON APPLICATION FOR TRANSFER OF TENANCY FROM PART II TO PART IV OF THE LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE Pursuant to section 51D Name, address and status of appellant: Name, address and status of respondent: The appellant hereby appeals against the decision of the Commissioner of Rating and Valuation upon an application pursuant to section 51A/51B (delete whichever inapplicable) to exclude from Part II and thereby transfer to Part IV the tenancy in respect of the premises known as ........................................................................... ............................... (description of premises) A copy of the certificate issued by the Commissioner of Rating and Valuation setting out the decision appealed against is attached. The grounds of appeal are: (here state briefly the grounds of appeal) The appellant also applies for an order for costs. Address for the service of the appellant: Dated this ................ day of ................. 19 .......... ................................................................... (to be signed by or on behalf of the Appellant) To: 1. The Registrar, Lands Tribunal. 2. The Respondent. 3. Commissioner of Rating and Valuation. 4. (Please add such other person as may be required to be served) Note: If you intend to oppose this appeal, you must personally attend at the Lands Tribunal Registry within 14 days of the day of service of this notice, and file a notice of opposition by means of Form 7. (L.N. 417 of 1995) -------------------------- FOR M 25 [rule 74(2)] NOTICE OF APPEAL TO LANDS TRIBUNAL AGAINST DECISION OF COMMISSIONER OF RATING AND VALUATION ON REVIEW OF CERTIFICATE OF INCREASE IN RENT UNDER LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE Pursuant to section 60 Name, address and status of appellant: Name, address and status of respondent: The appellant hereby appeals against the decision of review of certificate of increase in rent of the Commissioner of Rating and Valuation in respect of the premises known as ........................................................................... ............................................................ (description of premises) A copy of the certificate issued by the Commissioner of Rating and Valuation setting out the decision appealed against is attached. The grounds of appeal are: (here state briefly the grounds of appeal) The appellant also applies for an order for costs. Address for service of the appellant: Dated this ....................... day of ................ 19 ........ ................................................................... (to be signed by or on behalf of the Appellant) To: 1. The Registrar, Lands Tribunal. 2. The Respondent. 3. Commissioner of Rating and Valuation. 4. (Please add such other persons as may be required to be served). Note: If you intend to oppose this appeal, you must personally attend at the Lands Tribunal Registry within 14 days of the day of service of this notice, and file a notice of opposition by means of Form 7. (L.N. 417 of 1995) -------------------------- FORM 26 [rule 74(3)] NOTICE OF APPEAL TO LANDS TRIBUNAL AGAINST A DETERMINATION OF THE COMMISSIONER OF RATING AND VALUATION ON THE INCREASE IN RENT OF SUB-TENANCY ON ACCOUNT OF IMPROVEMENTS UNDER THE LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE Pursuant to section 63A(6) Name and address of appellant(s): (sub-tenant) Name and address of respondent(s): (principal tenant) The appellant(s) hereby appeal(s) against the determination by the Commissioner of Rating and Valuation of the amount by which the rent payable by the sub-tenant is to be increased on account of improvements effected by the landlord and resulting in an increase of rent payable by the principal tenant to the landlord pursuant to section 55A for such improvements. A copy of the notice of the Commissioner of Rating and Valuation setting out the determination appealed against is attached. The grounds of appeal are: (here state briefly the grounds of appeal) The appellant(s) also apply(ies) for an order for costs. Address for service of appellant: Dated this ............................ day of ................ 19 ......... ........................................................................ (to be signed by or on behalf of the Appellant(s)) To: 1. The Registrar, Lands Tribunal. 2. The Respondent(s). 3. Commissioner of Rating and Valuation. 4. (Please add such other persons as may be required to be served) Note: If you intend to oppose this appeal, you must personally attend at the Lands Tribunal Registry within 14 days of the day of service of this notice, and file a notice of opposition by means of Form 7. (L.N. 417 of 1995) -------------------------- FORM 27 [rule 77(a)] NOTICE OF APPLICATION TO LANDS TRIBUNAL UNDER BUILDING MANAGEMENT ORDINANCE Building Management Application No. .................. Pursuant to section 4 *Name, address and status of applicant(s): Name and address of respondent(s): (other owners) Address of building: +(Where the applicant(s) is/are owners in terms of section 4(1)(a))- The total number of shares for the purposes of section 39: +The percentage of shares held by the applicants are: The applicant(s) apply for an order that a meeting of owners to appoint a Management Committee be convened by the applicant(s) or by such owner as the Tribunal may direct and for an order for the costs of this application. Address for service of the applicant(s): Dated this ......................... day of ................. 19 ......... ........................................................................ (to be signed by or on behalf of the Applicant(s)) To: 1. The Registrar, Lands Tribunal. 2. The Respondent(s). Note: If you intend to oppose this application, you must personally attend at the Lands Tribunal Registry within 21 days of the day of service of this notice and file a notice of opposition by means of Form 7. * State whether applicants are the owners of not less than 20% of the shares in aggregate in the building or whether the applicant is the Secretary for Justice. + Delete if the applicant is the Secretary for Justice. (L.N. 417 of 1995; L.N. 362 of 1997; 5 of 2007 s. 73) -------------------------- FORM 28 (Repealed L.N. 281 of 2006) -------------------------- FORM 29 [rule 77(b) & (c)] NOTICE OF APPLICATION TO LANDS TRIBUNAL UNDER BUILDING MANAGEMENT ORDINANCE Building Management Application No. .................. Pursuant to .......................................... Name, address and status of applicant(s): Name, address and status of respondent(s): Address of building: 1. The applicant(s) apply(ies) for an order relating to ...................................................... ........................................................................... ..................................................... ........................................................................... ..................................................... (specify the particular issue under the provision pursuant to which application is brought) +2. The question of law, interpretation and enforcement or other issue to be determined is: or Particulars of the sums or other amounts to be calculated or apportioned are: Address for service of the applicant(s): Dated this ........... day of ............................... ..................................................................... (to be signed by or on behalf of the applicant(s)) To: 1 The Registrar, Lands Tribunal. 2. The Respondent(s). Note: If you intend to oppose this application, you must personally attend at the Lands Tribunal Registry within 21 days of the day of service of this notice and file a notice of opposition by means of Form 7. + Delete whichever inapplicable and otherwise amend as necessary. (L.N. 417 of 1995; L.N. 281 of 2006) -------------------------- FORM 30 [rule 10] AFFIDAVIT/AFFIRMATION OF SERVICE Lands Tribunal Application No. .................. Pursuant to section .......................... I, .........................................................., of ............................................................ ........................................................................... ............................................................ make oath and say as follows: OR hereby sincerely and truly affirm and say as follows: 1. I did on ................ day the ................. day of .......................... 19 ........... at ........................................................................... .................................................... personally serve .................................... the person named as the respondent in the abovementioned application with a true copy of the application of which the document now shown to me and marked ...................................... is also a true copy. OR 1. (a) I did on ............. day the ............................... day of .............. 19 ......... serve ............................................. the person named as the respondent in the abovementioned application with a true copy of the application of which the document now shown to me and marked ................................ is also a true copy by sending the same to him by ordinary post addressed to him at ........................................................................... ............................................ ........................................................................... . his address for service OR at ........................................................................... ........................................................... his last known or usual place of abode or business in Hong Kong OR at ........................................................................... ........................................... its registered office. OR 1. (a) I did on ................ day the ................ day of .......................... 19 ......... post up at the entry if the premises known as ................................................................ a notice of intention to apply pursuant to section 4 of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) that the said premises be exempt from the provisions of the said Ordinance of which notice the document now shown to me and marked .......................................... is a true copy. [1.] I also did on ............ day the .............. day of .......................... 19......... serve a duplicate of such notice on ........................................................ who is .................................................. *tenant/landlord of the said premises. OR (in the case of substituted service give precise details and exhibit appropriate proofs that service has been effected in terms of the order for substituted service) + AND I solemnly sincerely and truly affirm and say that the contents of this my affirmation are true. *SWORN/AFFIRMED at .......................... ............................................... Hong Kong ................................................... this ................... day of ................. 19 ....... Before me: ｝ * Strike out inapplicable words. + For affirmations only. (L.N. 650 of 1994; L.N. 417 of 1995; 25 of 1998 s. 2) -------------------------- FORM 31 [rule 14(1)] APPLICATION OF LIST FOR HEARING Lands Tribunal Application No.: .................. Pursuant to rule 14(1) To: The Registrar, Lands Tribunal. 1. Application is hereby made for the hearing of this application. 2. It is estimated that the hearing will last ...................................................... days. 3. The number of witnesses to be called is ............................................................. 4. Notice of Opposition was filed on the ..................... day of ................................ OR No Notice of Opposition has been filed and the time limited for filing such notice expired on the ..................... day of ............................... Dated this ...................... day of ................................ ............................................ Applicant/Respondent AND To: The Respondent/Applicant. (L.N. 417 of 1995; L.N. 281 of 2006) -------------------------- FORM 32 [rule 78B] Application No. ...................... NOTICE OF APPLICATION TO LANDS TRIBUNAL FOR AN ORDER FOR SALE UNDER LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE Pursuant to section 3(1) Name and address of the applicant (the majority owner) and the number (shown in brackets) of undivided shares held by the applicant in the lot mentioned below: Name and address of the respondent (the minority owner) and the number (shown in brackets) of undivided shares held by the respondent in the lot mentioned below: Description and number of all the undivided shares of the lot sought to be sold: The applicant hereby applies for an order to sell all the undivided shares in the lot for the purposes of the redevelopment of the lot on the grounds that: (a) The applicant is the person or persons who owns or own, otherwise than as a mortgagee, not less than 90% of the undivided shares in the lot (or not less than % being the percentage specified by the Chief Executive in Council on (date) (L.N. ). The exact percentage of the undivided shares owned by the applicant is ........................................ (b) A valuation report as specified in Part 1 of Schedule 1 to the Ordinance setting out the assessed market value of each property on the lot has been prepared and is attached hereto. (c) In the event that the above-mentioned application is granted, the applicant hereby applies for a further order that the following amounts of compensation be paid by the applicant/respondent to their respective tenants specified below for the termination of their tenancies upon successful sale of the lot. Applicant/ Respondent No. & Name Tenant Payee Maximum Amount of Compensation Duration of Tenancy Existing Rent per month Remarks (e.g. why no figure given or what affects the compensation) Other grounds and particulars: Dated this ................ day of .............................. 19 ........ ......................................... (Applicant) Address for service of the Applicant: To: 1. The Registrar, Lands Tribunal. 2. The Respondent. 3. (Please add such other persons as may be required to be served) Note: If you intend to oppose this application, you must personally attend at the Lands Tribunal Registry within 21 days of service of this notice and file a notice of opposition by means of Form 33. (L.N. 100 of 1999) -------------------------- FORM 33 [rule 78C] Application No. ...................... NOTICE OF OPPOSITION TO APPLICATION FOR AN ORDER FOR SALE UNDER LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE Pursuant to section 4(2) Name and address of applicant (the majority owner): Name, address and status of respondent (the minority owner): Address and description of premises: 1. Application for an order to sell all the undivided shares in the lot for the purposes of the redevelopment of the lot is opposed on the following grounds: (a) The value of some or all units of property as assessed in the application is disputed for the following reasons: (b) Other reasons (if any): 2. The proposed amount of compensation to be paid by the said respondent (minority owner) to his own tenants is opposed for the following reasons: 3. I/We do/do not wish to be heard. Dated this ................ day of .............................. 19 ........ ....................................................... (Name and No. of the Respondent) Address for service of the Respondent: To: 1. The Registrar, Lands Tribunal. 2. The Applicant (majority owner). 3. (Please add such other persons as may be required to be served) (L.N. 100 of 1999) -------------------------- FORM 34 [rule 78E] Application No. ...................... (related to Main Application No. .....................) NOTICE OF APPLICATION FOR DETERMINATION OF COMPENSATION UNDER LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE Pursuant to sections 4(6) and 8(3) and (4) (a) Name, address and status of applicant (tenant/principal tenant/sub-tenant): (b) Name, address and status of respondent (majority/minority owner): (c) Address and user of premises: (d) Duration of tenancy: (e) Rent: (f) The main application no. under which an order to sell all the undivided shares of the lot inclusive of the premises herein being sought by the majority owner is: ............ (g) The proposed maximum amount of compensation payable to the applicant herein as set out in the said main application is: ............ The applicant hereby applies for a determination of the amount of compensation to be paid in the event of termination of the tenancy herein under section 8(1)(b) following the making of an order for sale by the Tribunal pursuant to section 4(6) of the Ordinance. The amount of compensation claimed by the applicant herein is .............................. , and the grounds and facts relied upon by the applicant are: Dated this ................ day of .............................. 19 ........ ....................................................... (Applicant Tenant) Address for service of the Applicant: To: 1. The Registrar, Lands Tribunal. 2. The Respondent. 3. The Applicant (majority owner) in the main application. 4. (Please add such other persons as may be required to be served) Note: (a) If you wish to oppose this application, you must personally attend at the Lands Tribunal Registry within 21 days of service of this notice, and file a notice of opposition by means of Form 35. (b) Neither the applicant nor the respondent needs to take active steps to set a date for the determination of the compensation. Parties herein will receive a notice of hearing of the main application and that they may attend the Tribunal if they so wish. If an order for sale is made by the Tribunal, either party may apply to the Tribunal to review the amount of compensation determined within one month of the making of the order, if either party is not satisfied with the amount of compensation determined, pursuant to section 11A of the Lands Tribunal Ordinance (Cap 17). (L.N. 100 of 1999) -------------------------- FORM 35 [rule 78F] Application No. ...................... (related to Main Application No. .....................) NOTICE OF OPPOSITION TO APPLICATION FOR DETERMINATION OF COMPENSATION UNDER LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE Pursuant to sections 4(6) and 8(3) (a) Name, address and status of applicant (tenant/principal tenant/sub-tenant): (b) Name, address and status of respondent (majority/minority owner): (c) Address and description of premises: I am/We are a party to the Main Application No. ...... My/Our/applicant's/respondent's no. is .......................................... 2. I/We oppose to the amount of compensation claimed by the applicant tenant/principal tenant/sub-tenant to the following extent: (a) No compensation should be payable to the applicant for the following reasons (please state the facts relied upon in sufficient detail to enable the applicant to know the case he has to meet): (b) The amount of compensation payable to the applicant should be ................ for the following reasons (state the facts relied upon in sufficient detail to enable the applicant to know the case he has to meet): 3. I/We do/do not wish to be heard. Dated this ................ day of .............................. 19 ........ ....................................................... (Name of the Respondent Owner) Address for service of the Respondent: To: 1. The Registrar, Lands Tribunal. 2. The Applicant tenant/Principal tenant/Sub-tenant. 3. The Applicant (majority owner) in the main application. 4. (Please add such other persons as may be required to be served) (L.N. 100 of 1999) FORM 36 [rule 78H] Appeal No. ...... of ............... NOTICE OF APPEAL TO LANDS TRIBUNAL UNDER GOVERNMENT RENT (ASSESSMENT AND COLLECTION) ORDINANCE Pursuant to section 26(1) *I/We ....................................................... of ......................................................... ........................................................................... ............................................................ as *owner(s)/lessee(s)/occupier(s)/other(s)/ ...................................................................... (specify any other capacity) require the Lands Tribunal to hear an appeal against the decision of *the Director of Lands/the Commissioner of Rating and Valuation that ........................................................ ........................................................................... ............................................................ ..........................................................