Cap. 545A 《土地(為重新發展而強制售賣)(指明較低百分比)公告》Land (Compulsory Sale for Redevelopment) (Specification of Lower Percentage) Notice

生效中

版本日期: 2024-12-06

Cap. 545

Cap. 546

Land (Compulsory Sale for Redevelopment) (Specification of Lower Percentage) Notice

(Cap. 545, section 3(5))

(Enacting provision omitted—E.R. 2 of 2021)

[1 April 2010]

(Format changes—E.R. 2 of 2021)

1. (Omitted as spent—E.R. 2 of 2021)

2. Interpretation

In this Notice—

designated area (指定地區) means an area set out in the Schedule; (25 of 2024 s. 16) industrial building (工業建築物) means a building the whole or any part of which is approved by the Building Authority for any of the following uses under a plan approved under the Buildings Ordinance (Cap. 123)— (a)godown; (b)any industry in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed; industrial zone (工業地帶) means a zone that is set apart for industrial use in a draft plan prepared by the Town Planning Board under the Town Planning Ordinance (Cap. 131) or an approved plan or partly approved plan under that Ordinance; (25 of 2023 s. 120) unit (單位) means any premises that are described by reference to a specified number of undivided shares in a lot in any instrument registered in the Land Registry.

(25 of 2024 s. 16)

3. Specification of percentage

(1)

80% is specified as the percentage required for the purposes of section 3(1) of the Ordinance in respect of a lot that belongs to a class of lots specified in section 4(1). (25 of 2024 s. 17)

(2)

70% is specified as the percentage required for the purposes of section 3(1) of the Ordinance in respect of a lot that belongs to a class of lots specified in section 4(2). (25 of 2024 s. 17)

(3)

65% is specified as the percentage required for the purposes of section 3(1) of the Ordinance in respect of a lot that belongs to a class of lots specified in section 4(3). (25 of 2024 s. 17)

4. Specification of classes of lots

(1)

For the purposes of section 3(1), the class of lots is—

(a)

a lot with each of the units on the lot representing more than 10% of all the undivided shares in the lot; or

(b)

a lot that is not located within a designated area, and with each of the buildings erected on the lot issued with an occupation permit at least 50 years but less than 60 years before the relevant date.

(2)

For the purposes of section 3(2), the class of lots is—

(a)

a lot that is located within a designated area, and with each of the buildings erected on the lot issued with an occupation permit at least 50 years but less than 60 years before the relevant date;

(b)

a lot that is not located within a designated area, and with each of the buildings erected on the lot issued with an occupation permit at least 60 years but less than 70 years before the relevant date; or

(c)

a lot that is not located within an industrial zone, and each of the buildings erected on the lot—

(i)

is an industrial building; and

(ii)

was issued with an occupation permit at least 30 years before the relevant date.

(3)

For the purposes of section 3(3), the class of lots is—

(a)

a lot that is located within a designated area, and with each of the buildings erected on the lot issued with an occupation permit at least 60 years but less than 70 years before the relevant date; or

(b)

a lot with each of the buildings erected on the lot issued with an occupation permit at least 70 years before the relevant date.

(4)

For the purposes of the class of lots referred to in subsection (1)(a)—

(a)

if a unit in a building is subdivided into 2 or more units on or after 1 April 2010, and the subdivision does not involve—

(i)

any alteration to the size of any common area of the building; or

(ii)

any change in a person’s liability in relation to the common areas and facilities of the building under the common law or any enactment,

those units are to be regarded as one single unit; and

(b)

if 2 or more units in a building are amalgamated into one single unit on or after the specified date, and the amalgamation does not involve—

(i)

any alteration to the size of any common area of the building; or

(ii)

any change in a person’s liability in relation to the common areas and facilities of the building under the common law or any enactment,

those units being amalgamated are to be regarded as separate units.

(5)

In this section—

specified date (指明日期) means the date on which the Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024 (25 of 2024) comes into operation*.

(25 of 2024 s. 18)

Editorial Note: Operation date: 6 December 2024.

5. Amendment of Schedule

The Secretary for Development may, by notice published in the Gazette, amend the Schedule.

(25 of 2024 s. 19)

Schedule — Designated Areas

[ss. 2 & 5]

(Schedule added 25 of 2024 s. 20)

1.

All areas included in Sai Ying Pun & Sheung Wan Outline Zoning Plan No. S/H3/34

2.

All areas included in Wan Chai Outline Zoning Plan No. S/H5/31

3.

All areas included in Yau Ma Tei Outline Zoning Plan No. S/K2/24

4.

All areas included in Mong Kok Outline Zoning Plan No. S/K3/36

5.

All areas included in Cheung Sha Wan Outline Zoning Plan No. S/K5/39

6.

All areas included in Ma Tau Kok Outline Zoning Plan No. S/K10/30

7.

All areas included in Tsuen Wan Outline Zoning Plan No. S/TW/35