Owners
Question
8: If the Government decides to resume the property
interests in a redevelopment area in accordance with the Lands
Resumption Ordinance, what procedures will it take? How will the
residents be compensated?
Answer:
The Housing Society acquires properties in redevelopment
areas through private negotiation. However, it may not be able
to reach agreement with all owners due to various reasons, such
as title problems, probate cases or untraceable owners, etc. In
order to improve the environment, the Government may consider
repossessing the remaining interests pursuant to the Lands
Resumption Ordinance. It should be noted that the interests of
owners and tenants would be protected by the law during the
resumption process.
When the Government approves the resumption
application of the Housing Society, a Government Notice will be
published in the Gazette. Copies of the Government Notice will also
be affixed in the redevelopment area. The ownership of the
properties will revert to the Government three months after the
notice is published. Upon the date of reversion, all legal rights
and interests of the owners no longer exist. Henceforth, the former
owner is not entitled to collect rents or fees of any kind from his
tenant or the occupant.
Eligible persons will be offered compensation
or ex-gratia allowances. Rehousing arrangements may be made for
occupiers of domestic flats, if applicable.
In order to assess the compensation and
allowances as well as to identify persons eligible to the above or
rehousing, the Government will appoint the Housing Society to send
staff to properties to be resumed to conduct surveys. The area
occupied by each household will be identified and relevant
information can be obtained.
For details, please refer to the "Land
Resumption and Compensation in the Urban Area" booklet published by
the Lands Department or visit its web site:
http://www.info.gov.hk/landsd/public/public.htm.
If both parties fail to reach agreement on the
compensation, the case can be referred to the Lands Tribunal for
adjudication.
As to eligible domestic occupiers, whether they
opt for cash compensation or rehousing, they have to follow the
necessary procedures before receiving the compensation or rehousing
unit.
Even after the publication of the Government
Notice, the Housing Society will continue to negotiate with owners
before the reversion of property interests to the Government, given
that the transactions can be completed before the date of reversion.
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