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What Does “House” Mean in Government Leases? It All Depends on the Context, Says the Court of Final Appeal in Fully Profit.



byFun Kuen Au
Mayer Brown JSM - Hong Kong Office

Pheona S. Y. Chow
Mayer Brown JSM - Hong Kong Office

May 21, 2013

Previously published on May 20, 2013

The Court of Final Appeal (“CFA”) handed down its long-awaited decision in Fully Profit (Asia) Limited vs. The Secretary for Justice for and on behalf of the Director of Lands (FACV 17/2012) on 13 May 2013. The appellant Fully Profit owns a site at Nam Kok Road, Kowloon City, comprising five lots held under five separate virtually identical Government Leases, each of which contains a restriction that the owner cannot erect or allow to be erected more than one house on the lot. The CFA reversed the unanimous decision of the Court of Appeal and held that a 26-storey building straddling the five lots cannot be a “house” within the meaning of the word in the Government Leases.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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