A personal injury claim for compensation is one of the most common kinds of litigation in Hong Kong. In recent years, a number of cases have emerged which involve accidents…
Abstract
A personal injury claim for compensation is one of the most common kinds of litigation in Hong Kong. In recent years, a number of cases have emerged which involve accidents resulting from mismanagement of buildings and, in particular, in which the unit owners within the buildings were held liable to pay a portion of the damages. The relevant court cases, relating to domestic property, are researched, to find out the amounts of damages awarded, the effects of the compensations on individual unit owners in the relevant buildings and on their return on investment and the factors that may affect the investment. This kind of litigation is likely to grow, owing to the increase in the proportion of old buildings as a result of the downturn in the local property development market. The research results are likely to be of use to other common law countries where multi‐storey buildings are the major form of property for property investment.
Details
Keywords
To study the nature of covenants for planning control from a legal perspective; to examine the legal mechanisms by which different parties may be bound by covenants and to…
Abstract
Purpose
To study the nature of covenants for planning control from a legal perspective; to examine the legal mechanisms by which different parties may be bound by covenants and to illustrate the better legal meaning for the idea of “planning by contract”.
Design/methodology/approach
The legal principles in Hong Kong relating to how land covenants may affect land owners are used in analyzing the concept of “planning by contract”, which conveys a meaning of an origin from the concept of privity of contract. Examples by reference to real life cases are used to illustrate how planning control through covenants has affected land owners.
Findings
Covenants relating to planning control in land leases affect not only the original government lessees but also all subsequent owners to the land. The operation of planning control through covenants is more than a concept based on operation of contract.
Research limitations/implications
The analysis is largely based on the law in Hong Kong. The extent to which the analysis may apply elsewhere is a matter depending on the legal framework in the operation of land covenants at different places.
Practical implications
Land owners and facility managers should fully understand the mechanism by which land covenants may bind land owners even if they have never agreed to the covenants and that the development potential of the property may be seriously affected.
Originality/value
This paper will serve as an aid to land owners and facility managers to understand the mechanism by which land covenants may affect the land and its development potential.
Details
Keywords
Hing Fung Leung and Kiu Sing Yeung
To identify the non‐legal factors that may affect the quantum of compensation determined by the Lands Tribunal and to examine the impacts of the non‐legal factors identified on…
Abstract
Purpose
To identify the non‐legal factors that may affect the quantum of compensation determined by the Lands Tribunal and to examine the impacts of the non‐legal factors identified on the quantum of compensation.
Design/methodology/approach
Data are chosen from judgments made by the Lands Tribunal from 1980 to 2005. A total of 52 cases are studied. The amount of compensation granted is treated as the dependent variable. A number of factors such as the size of the claimant's claim in relation to the government's offer are used in turn as independent variables. Multiple regression analysis is then used in studying the functional relationship between the independent variables and the dependent variable. The expression demonstrates whether the independent variables are positively or negatively correlated with the dependent variable, as well as the extent of the correlation.
Findings
It is found that the factors: the ratio of the applicant's claim to the government's offer, the appointments of counsel and theirs seniorities are significant factors affecting the amount awarded by the Lands Tribunal, while the appointment of qualified general practice surveyor as expert witnesses and their respective seniorities are insignificant factors. Among the three significant factors, the ratio of the applicant's claim to the government's offer and the seniorities of counsel have positive impacts on the amount awarded by the Lands Tribunal as expected while surprisingly, the appointment of counsel has a negative impact on the quantum of compensation awarded by the Lands Tribunal.
Research limitations/implications
The first limitation is the relatively small sample size. Hence, there is a question of representativeness of the empirical result. Secondly, the variability of some of the factors is also insufficient, such as the seniority of counsel. Thirdly, there is a possibility of other forms of human bias in the decisions of the Lands Tribunal, which may not be possible to be quantified and taken into account in the model.
Practical implications
The paper will surely arouse the interest of legal academics and practitioners in the study of judicial behaviour which is a most non‐existent in Hong Kong and rare in UK.
Originality/value
The paper is the first one in the area relating to courts in Hong Kong. It is expected to be controversial amongst the judiciary, the legal and the surveying profession and has started a page in the study of judicial behaviour in the Lands Tribunal.
Details
Keywords
Lawrence Wai‐Chung Lai, Daniel Chi‐Wing Ho and Hing‐Fung Leung
This paper was motivated by the absence of a government examination of and professional interest in planning conditions as a means of development control in Hong Kong. Proposes to…
Abstract
Purpose
This paper was motivated by the absence of a government examination of and professional interest in planning conditions as a means of development control in Hong Kong. Proposes to examine this situation.
Design/methodology/approach
The research objective is achieved by a field survey and legal analysis of its findings. The field survey of all the 60 residential development projects in Hong Kong under comprehensive development area zoning subject to conditional planning permissions from 1998 to 2000 involving 119 planning applications was conducted to assess factual compliance with planning conditions.
Findings
The findings show that, while most physical planning obligations have been duly fulfilled in these projects, the non‐depositing of master layout plans for development poses actual and potential public domain problems of planning enforcement, building permission, conveyancing and property management. The major problems of non‐compliance are property purchasers being unable to fully appreciate the environment of a development when making a decision to buy; subsequent titles defects, unauthorised building works and operations. Suggestions are made to close the loopholes in planning law and to introduce a formal channel for retrospective rectification in the light of the social consequences of non‐compliance.
Originality/value
This paper is the first serious attempt to evaluate the importance of compliance with planning conditions in Hong Kong and its analysis should be of interest not only to local policy makers and professional people in particular, but also to researchers in comparative development control in general.
Details
Keywords
Daniel Chi‐wing Ho, Yung Yau, Siu‐kei Wong, Alex King‐chung Cheung, Kwong‐wing Chau and Hing‐fung Leung
There has been a growing public concern over the importance of building management in apartment buildings. However, people's views toward the effects of building management on…
Abstract
Purpose
There has been a growing public concern over the importance of building management in apartment buildings. However, people's views toward the effects of building management on building performance have long been divergent due to a lack of empirical study. This study aims to empirically test the relationship between building management regimes and the conditions of private apartment buildings in Hong Kong.
Design/methodology/approach
An assessment scheme was developed to assess the health and safety conditions of 134 apartment buildings. Multiple regression models were then applied to analyze the effect of building management regimes on building conditions. The optimal functional form of the regression models was selected using Box‐Cox transformation.
Findings
The empirical results suggested that the presence of incorporated owners and property management agents (PMA) are significant factors in enhancing building conditions.
Research limitations/implications
The sample was confined to single block buildings located in one particular district in Hong Kong. Further research is needed to validate the findings in estate‐type developments as well as those in other districts.
Practical implications
The empirical results assisted building owners in determining which management regimes to adopt should they want better building conditions. The government may also consider giving more support to owners by incorporating them and employing PMAs to create a pleasant living environment for society.
Originality/value
Our study is the first in the literature to provide an empirical test reconciling the divergent views toward the effects of building management with the conditions of buildings.
Details
Keywords
The Li & Fung Group, a century-old, family-controlled multinational group of companies based in Hong Kong, seems to be an exception to the traditional perception of Chinese family…
Abstract
Purpose
The Li & Fung Group, a century-old, family-controlled multinational group of companies based in Hong Kong, seems to be an exception to the traditional perception of Chinese family business. The aim of this paper is to explore why this company can overcome the fatalism that “family business could not pass on over three generations”.
Design/methodology/approach
This paper will use in-depth case study as key methodology for exploring key research question of family business sustainability. Archival data, including company registration records, newspaper reports, biographical materials and company annual reports, etc., are major secondary data that will be used for qualitative analysis.
Findings
The important findings in this paper is that the authors can identify key ways for solving family conflict and business continuity. Through in-depth study, the authors argue that because Li & Fung can effectively adopt the “pruning the family tree” mechanism and “listing and de-listing” mechanism during critical stages of succession and development, it has flourished for over a century and is therefore a model for other Chinese family businesses to follow.
Research limitations/implications
Because the authors did not conduct personal interviews with the family members of the company, the authors do not have “insiders’ view” on the company development. Also, it is a century-old company, and many historical data cannot be obtained, so some of the developments would not be fully explained and understood.
Practical implications
It can let family business owners, staffs working in family business and professionals serving family business know better that although there are negative sides of family business, their positive sides should not be underestimated. If a proper mechanism can be rightly executed, its negative side could be large reduced, whereas its positive side could be better enhanced.
Social implications
This paper can offer insightful implication to the society that family business, in fact, is highly dynamic. It not only creates jobs by offering services and producing goods but stimulates economic development as family the fertile ground for breeding entrepreneurship.
Originality/value
There is no analysis in the academia in exploring the Li & Fung Group’s development from the perspective of leadership and ownership competition. So, the originality of this paper is very high.