A Study On The Land Compulsory Sale For Redevelopment In Hong Kong

At the beginning of the 1990s,Hong Kong urgently needed to accelerate the pace of urban renewal led by the private sector because of the large number of ageing buildings.shortage of land resources and rapid population growth,during which process the focus and difficulty was how to properly collect the property rights of the old property.To assist the private sector in urban renewal,solve the problem of collection property right,the Hong Kong government introduced "Land(Compulsory Sale for Redevelopment)Ordinance" in 1998.which aims to enable persons who own a specified majority of the undivided shares in a lot to make an application to the Tribunal for an order for the sale of all of the undivided shares in the lot for the purposes of the redevelopment of the lot.The compulsory sale of land involves the redistribution of multiple interests and the balance of the rights and interests of multiple parties.While promoting the urban renewal process,how to protect people’s property and residential rights and interests in a more comprehensive way has always been the main legislative target and task of the compulsory sale of land,which is also a hot issue concerned by all walks of life in Hong Kong.After more than 20 years of Hong Kong’s compulsory sale for land redevelopment has been implemented,it has effectively cracked the deadlock of private organizations collect ownership,improved the aging problem of the old buildings,accelerated the pace of urban reconstruction,and the most important in the system and also the only law--"Land(Compulsory Sale for Redevelopment)Ordinance" is the research focus in this paper.The Ordinance sets out clear settings about requirements for issuing a compulsory sale order,the determination of the value of the ownership,the distribution of the interest,to the compulsory removal procedure and the compensation and relief procedure,with each process closely linked and complementing each other.The compulsory whole sales of the land is led by Hong Kong Lands Tribunal which professionally solves disputes,giving full play to the judicial authority,and under the premise of respecting the equal consultation between the two sides,builds fair and reasonable mechanism of determining the ownership,to solve the contradiction as a model,promoting the benign redevelopment of the area,but from the perspective of the social effect of implementation,there are certain limitations in the compulsory sale system,such as living rights and interests of vulnerable groups is not guaranteed.This paper makes a comprehensive analysis of the compulsory land sale system in Hong Kong by the following two aspects:firstly,sorts out the meeting minutes and historical records of the legislative council and government departments of Hong Kong,understands the legislative background and historical evolution,and collects the true feedback of the implementation and operation of the compulsory land sale system from all walks of life in Hong Kong;Secondly,studies and sorts out the judgments of compulsory sale cases,to accurately understand the requirements of compulsory sale orders issued by judicial organs,the specific procedures and measures for enforcing compulsory sale orders,and the legal consequences of making such orders.Through the aforementioned study content,it can dialectically understand the role and value of the compulsory land sale system itself,objectively analyze the effect and limitations of the system in Hong Kong for more than 20 years,so that Shenzhen cities can make rational choices when they learn from and construct the compulsory land sale system.