¡@ Frequently Asked Question
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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This website is for reference only. The information contained is by no means exhaustive and is not legally binding and shall not be in any way construed as a legal document. The principles outlined herewith are subject to change without prior notice.

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