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Land Compensation and Valuation in Hong Kong, 4th Edition

Land Compensation and Valuation in Hong Kong, 4th Edition

Author: Gordon Cruden; Liza-Jane Cruden
Publisher: LexisNexis Hong Kong
ISBN: 9789888301324
Published In: April 2017
Format: Hardback , 807 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,200.00

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Over the past 30 years, this title has become one of the most frequently cited and relied upon property law textbooks in the area. Courts have referred to it as seminal work and the leading textbook in this area of the law.

Land Compensation and Valuation Law in Hong Kong first published in 1986 has during the intervening 30 years become one of the most frequently cited and relied upon property law textbooks in the area. Courts have referred to it as seminal work and the leading textbook in this area of the law. This new authoritative updated edition is likely to enhance the high quality of previous editions. Major statutory changes, case law developments including from other jurisdictions and Government plans and policies are comprehensively analysed.

The contents include Siu Sau Kuen v Director of Lands [2013] 6 HKC 55l filling the Yin Shuen gap for where development compensation exists as of right. Building Ordinance importance emphasised by China Field Ltd v Appeal Tribunal (Buildings) (2015) 18 HCFCAR 33 and land use planning in Town Planning Board v Town Planning Appeal Board [2014] 1 HKLRD 1050 and in 2016 Hysan Development Co Ltd v Town Planning Board FACV 21/2015(26.9.2016). Country Park private development controversies extending to villages within a country park - Re Thomas Lai [2014] 6 HKC 1.Reclamations important to development saw loss of marine rights litigated in the Penny’s Bay(2013) 12 HKCFAR 376 saga. The post-1997 multi-million Government rent and rating appeal issues have since Agrila beenmore fully clarified in The Hong Kong Electric (2011) 14 HKCFAR 579 and Best Origin (2012) 15 HKCFAR 376.

Statutory tenancy protection has ceased but common law tenancies survive. New material deals with Government lesser occupation rights and controversial private columbaria - Regal Shining Ltd v Secretary of Justice [2014] HKLRD 832. The Home Ownership Scheme suspended from 2002 to 2015 now more strongly revived. Chuk Shu Yin v Yip So Wan (2012) 15 HKCFAR 344 deals with disputed resale premia.

The Basic Law is increasingly before the courts and in 2016 included the Hysan Development Co Ltd appeal. Positive indications over post-2047 land rights were the recent grant of new 50 year leases for Shatin Racecourse and part of the Chep Lap Kok Airport to 2066. New infrastructure projects include the Guangzhou- Hong Kong Express Rail with controversial resumption claims and the Hong Kong - Zhuhai - Macao Highway. Delayed by a disputed environment impact assessment but upheld by the Court of Appeal in Chu Yee Wah v Director of Environmental Protection [2011] 3 HKC 227. Major resumptions include for the URA Kwun Tong/Kai Tak redevelopment under the Conceptual Master Plan for Kowloon East 2013 and at Wang Chau, Yuen Long.
Gordon N Cruden

Gordon Cruden practised law in New Zealand for 15 years before in 1973 joining the Hong Kong judiciary presiding over the Lands Tribunal for 16 years. General Editor of the Conveyancing and Property Reports. Land compensation qualifications include a Doctor of Laws in New Zealand, Scholar of the British Academy, London and an invited contributor to the United States Nicholl on Eminent Domain. Since returning to New Zealand appeared in land compensation, planning and rating law disputes and chaired land planning hearings

Liza Jane Cruden

Liza Jane Cruden is a barrister of the High Court of Hong Kong, barrister and solicitor of the High Court of New Zealand, and in England a member of Gray’s Inn. Since 1989 practiced principally in commercial, property and other chancery areas, member of the Bar Council of the Hong Kong Bar Association, the Charted Institute of Arbitrators, Hong Kong Advocacy Training Council Executive Committee member and treasurer, CEDR accredited mediator. Author of Indemnity and Guarantee title of Halsbury’s Laws of Hong Kong (2012 Reissue).