plaintiff: CHOW CHI KEUNG
defendant: CHINA LIGHT & POWER COMPANY LIMITED
case_reason: Statutory Electricity Easements - compensation for diminution in value of property
judgment_summary: |
  This is the first application for compensation under the Electricity Networks (Statutory Easements) Ordinance Cap. 357. The applicant, registered Crown lessee of Lot 998 in Demarcation District 130, New Territories (202.34 square metres), sought compensation for diminution in property value due to registration of statutory easement for 400 KV transmission network. The Tribunal held that: (1) registration of easement and existence of oversails diminished open market value of property, entitling owner to compensation; (2) residential buildings permitted under Modification of Tenancy should be included in valuation despite being revocable; (3) no compensation payable for risk of future loss or damage, but remedies for persons suffering actual loss available at common law and under statutory cause of action by way of damages. The Tribunal awarded compensation of $10,000 for diminution in value attributable to the registration of the order and construction of transmission lines over the property.
jurisdiction_code: HKLDT
jurisdiction_name: Lands Tribunal of Hong Kong
case_location: New Territories, Hong Kong
case_object: Agricultural land with residential and farming buildings (Lot 998, Demarcation District 130)
judgment_result: Compensation awarded to applicant
involved_entities:
  - CHOW CHI KEUNG (Applicant/Crown lessee)
  - CHINA LIGHT & POWER COMPANY LIMITED (Respondent/Power company)
  - His Honour Judge Cruden (Presiding Officer)
  - M.W. Phillips, Esq. (Member)
  - Secretary of Lands and Works
  - Lands Department
