1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
87
than domestic use; and, if for other than domestic use, the site of the premises is suitable for the intended use; or
(b) the rebuilding is in the public interest; or
(c) the expenditure required to restore or repair the premises would not be
economically reasonable,
and, where the approval or authority of any person is required in respect of the rebuilding, the Tribunal may-
(i) state that the landlord has established the ground mentioned in paragraph (c) of section 119E(1) and one of the matters mentioned in paragraphs (a), (b) and (c) of this subsection;
(ii) postpone the hearing of the application to enable the landlord to apply
for that approval or authority; and
(iii) if that approval or authority is obtained, but not otherwise, decline to
make an order for the grant of a new tenancy.
(2) Where a landlord successfully opposes the grant of a new tenancy on the ground mentioned in paragraph (c) of section 119E(1), the Tribunal may impose any reasonable condition on the landlord in relation to his intention to rebuild the premises and shall order that compensation be paid to the tenant and-
(a) that plans of the new building showing the number and size of any dwellings to be erected be lodged with the Tribunal and that the new building be erected to provide that number of dwellings; and
(b) that the rebuilding work (including any demolition that is required) be commenced, and the new building be ready for occupation, on the dates ordered. (Amended 29 of 1983 s. 34; 32 of 1985 s. 20)
(2A) For the purposes of any review under section 11A of the Lands Tribunal Ordinance (Cap. 17), the time limit mentioned in that section shall not apply to a decision, other than in relation to the payment of compensation, under subsection (2). (Added 29 of 1983 s. 34)
(3) The Commissioner shall cause an order of the Tribunal made under this section to be registered by memorial in the Land Office against the premises affected and the conditions imposed under subsection (2) shall be binding on and enforceable against any successors in title to the landlord.
(4) (a) The compensation ordered by the Tribunal under subsection (2)
shall be the sum of-
(i) an amount equal to twice the rateable value of the premises; (ii) an amount equal to the expenditure actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of the packing, removal and transportation within Hong Kong of the furniture and movable property kept in the premises; and
(iii) an amount equal to the loss actually and reasonably incurred or to be reasonably incurred by the tenant and any sub-tenant in respect of carpets, curtains and fittings. (Replaced 40 of 1984 s. 33) (b) Where a tenant has sublet premises or any part of premises, the compensation payable under this subsection shall be apportioned by
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