| 1. | Introduction |
| 2. | Purpose and Nature of Waivers |
| 3. | How to apply for a Waiver |
| 4. | Procedures for Processing Waiver Applications |
| 5. | Basis of Waiver Fee Assessment |
| 6. | Enquiries |
Annex I |
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This pamphlet is also available in the web page of Lands Department
1 Introduction
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2 Purpose and Nature of Waivers
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3 How to apply for a Waiver
To apply for a waiver, applicant(s) should:
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4 Procedures for processing waiver applications
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5 Basis of Waiver Fee Assessment
In the Urban Areas, waiver fees are assessed on the annual difference in full market land value before and after the waiver is granted. In the New Territories, waiver fees are assessed by multipling the total area of the concerned land by a standard rate on an individual lot basis. The standard rates are determined by considering the land values and rental values of different land uses in the New Territories. The rates vary according to different site coverage bands and districts. The current standard rates came into operation with effect from 1 April 1997, and, in general, they will be reviewed every 3 years by Lands Department?/font>s Valuation Section. The waiver fee is equal to the difference in annual rental value of the premises before and after the issue of the waiver letter. Where there is an obvious difference in value but this cannot be assessed, the waiver fee is to be calculated as 10% of the existing annual rental value of the premises. |
6 Enquiries
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Annex I
Sample
Standard Application Form for
Waivers Cases
District Lands Office / ___________
or
Task Force (Black Spots) Section *
Note:
District Lands Officer, _____________________ or
Assistant Director / Task Force (Black Spots)*
I / We,_______(name of the Applicants)_____, {[as the (Sole Owner/ Co-Owners )* of (Lot _______ / Premises ________ )*] or [as the (Trustee / Administrator / Personal Representatives / Others (please specify)_____________)* of the owner(s) of the Lot________ / Premises___________)*]}* hereby apply for a Waiver to waive the (user restriction / other restrictions (please specify)___________ )*contained in (the Lease / Special Condition No. __________ of Conditions of _________ / Special Condition No. ___________ of New Grant No.______________)* under which (the Lot _____________ / Premises __________)* is held so as to permit {[the use of (the above Lot/Premises / the portion of the above Lot/Premises )*for the purpose of _____________________] or [others (please specify)________________ ]}*.
In order to facilitate you to consider my /our application, I /We attach the following documents for your reference:-
- a certified true copy or copies of the Deed Register / Record of Owner(s) showing the nature of instruments and memorial numbers of all documents registered against the said Lot / Premises;
- a certified true copy or copies of the Deed of Trust/ Power of Attorney / Probate / Letters of Administration (if applicable);
- a certified true copy or copies of the Lease or the New Grant or the Conditions ( including all modifications and attachments thereto) in respect of the subject Lot / Premises;
- One photocopy of the applicant(s)?Business Registration Certificate (if applicable);
- Planning Approval from the Town Planning Board (if any); and
- (Building plans / Site formation plans/ Drainage plans)* of the proposal (if any).
I / We hereby expressly warrant and declare that the above information provided in support of my /our application is correct and genuine and I /We expressly acknowledge that I am / We are aware and accept that the Waiver applied for will be made on the basis of the information supplied by me / us and will be immediately cancelled in the event such information is found to be false or misleading.
I / We further expressly acknowledge that the personal data provided by me / us in this Waiver Application Form will be used by the Lands Department in connection with the processing of my / our said application. The provision of any personal data requested in the application form is voluntary. I /We understand that if I /We do not provide sufficient information, Lands Department may not be able to process my / our application.
I / We hereby authorize the Lands Department to disclose my / our personal data in the application form to such Government Departments and any other body, organization or person(s) as it may see fit at its absolute discretion to obtain such information which is deemed relevant to my / our application, whether on policy or any other grounds.
I / We further authorize and direct and request any Government Department or other body which may be approached by the Lands Department, to supply any and all information which it may require.
* Delete as appropriate
Applicant(s)'s Signature : |
_______________________ |
(H.K.I.D. Card Number(s) : |
________________________) |
Name of the Applicant(s) |
|
in Block Letters : |
_______________________ |
Address : |
_______________________ |
| _______________________ | |
Telephone Number : |
_______________________ |
Date : |
_______________________ |
Appendix I
PLEASE NOTE THE FOLLOWINGS BEFORE PROVIDING THE PERSONAL INFORMATION REQUIRED IN THE FORM
Purpose of Collection |
The personal data provided by means of this form will be used by Lands Department for the purpose of considering and processing the Waiver application. The provision of personal data by means of this form is voluntary. If you do not provide sufficient information, Lands Department may not be able to process your application. |
Class of Transferees |
The personal data you provided by means of this form may be disclosed to other Government bureaux / departments for the purpose mentioned above. |
Access to Personal Data |
You have a right of access and correction with respect to personal data as provided for in Sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance. Your right of access includes the right to obtain a copy of your personal data provided on this form. |
Enquiries |
Enquiries concerning the personal data collected, including the request for access and corrections, should be addressed to: The Office Personal Data Controlling Officer of Lands Department |