Introduction

The Home Purchase Allowance Appeals Committee is a non-statutory body tasked to consider appeals against the decisions of the Director of Lands (the Director) regarding Home Purchase Allowance (HPA) cases.
 

Composition

2.

The Appeals Committee Panel is appointed by the Secretary for Development (SDEV).  It consists of 10 members, including a chairperson and two deputy chairpersons, all of whom are non-public officers.  They come from a cross section of the community. 

3.

On receipt of an appeal, the chairperson of the Appeals Committee Panel will appoint an Appeals Committee.  Each Appeals Committee will have a chairperson, who should be either the chairperson or a deputy chairperson of the Appeals Committee Panel, plus two members from the Appeals Committee Panel.  The Appeals Committee Panel and the Appeals Committee are served by a secretary, who is a government officer.
 
Functions and Procedures

Home Purchase Allowance

4.

Upon resumption of a domestic property by the Government, the owners are entitled to a statutory compensation which is the Open Market Value (OMV) of the property.  The owner-occupiers are also eligible for an ex gratia HPA, so that they can purchase a relatively new replacement flat of a similar size in the same locality.  The unit cost of the replacement flat is calculated on the basis of a notional 7-year-old flat in the same locality.  The amount of HPA payable is the cost of a replacement flat less the statutory compensation i.e. the OMV of the resumed property.  Owners of a vacant or tenanted flat will be entitled to a portion of the HPA in the form of Supplementary Allowance (SA). 

5.

The amount of HPA or SA payable in each individual case is assessed and determined by the Director.  Brief guidelines of the compensation policy are contained in the "Land Resumption and Compensation in the Urban Area - Guidelines for Owners, Occupiers and Surveyors" issued by the Lands Department.
 

Functions of the  Appeals Committee

6.
An Appeals Committee will determine appeals relating to -
 
(a)  eligibility for HPA or SA payment. The Appeals Committee will consider the facts of the case and decide whether the appellant is eligible for the HPA or SA payment according to Government policy and the "Land Resumption and Compensation in the Urban Area - Guidelines for Owners, Occupiers and Surveyors" issued by the Lands Department; and
 
(b)  the eligibility of disputed building areas or structures for the calculation of HPA or SA payment. The Appeals Committee will consider the facts of the case and decide whether certain areas or structures within or on the premises should be included for the calculation of the HPA or SA payment according to Government policy and the "Land Resumption and Compensation in the Urban Area - Guidelines for Owners, Occupiers and Surveyors" issued by the Lands Department.
 
However, the Appeals Committee will not consider appeals on the unit rate of the "notional replacement flat" 1.
 

Lodging an appeal

7.
Any person who is aggrieved by the decision of the Director in respect of the payment of the HPA or SA falling within the scope in Paragraph 6 above may lodge an appeal by giving a notice of appeal in writing to the secretary to the Appeals Committee.  He / She should lodge an appeal within 60 days of the Director’s written decision.  The notice of appeal must be accompanied by -
 
(a) a copy of the Director's written decision; and
 
(b) a statement of the grounds of appeal.
 

Notice of a hearing

8.

An Appeals Committee convened to consider an appeal may request further written information from the appellant within 30 days of receipt of the notice of appeal and the appellant has to provide such information within the next 30 days.

9.

A hearing of the appeal, which shall be at a date not later than 60 days after receipt of a notice of appeal, or, where applicable, not more than 21 days after receipt of such further information as requested by the Appeals Committee, will be fixed.  At least 14 days' notice will be given to the appellant and the Director.  The secretary will arrange for all relevant documents submitted by the appellant together with the notice of hearing to be dispatched to the chairperson and members of the Appeals Committee and the Director.  At any time before the hearing of an appeal, the appellant may withdraw the appeal by notice in writing addressed to the secretary.
 

Hearing of the Appeal

10.

An appellant may attend the hearing in person or be represented by another person that he / she has nominated in writing.  If the appellant or his / her representative elects not to attend the hearing, the Appeals Committee may proceed to hearing the appeal and consider the written submissions from the appellant.  A representative from the Lands Department may attend the hearing to explain the decision of the Director.

11.

It is the responsibility of the appellant to ensure that he / she has available at the hearing all witnesses he / she intends to call and all documents on which he / she places reliance in support of the appeal.  The appellant shall notify in writing the secretary no less than 7 days before the scheduled hearing date the names of all witnesses that he / she intends to bring along to the hearing.  Similarly, he / she should lodge all supporting documents with the secretary no less than 7 days before the scheduled hearing date.  The secretary shall arrange for the document to be dispatched to the Appeals Committee and the Director.

12.

Hearing of an appeal shall be in public, unless otherwise agreed by all concerned parties.  The hearing should be informal.  The appellant may at the hearing make a statement in support of the appeal.

13.

Decisions of the Appeals Committee should be made on the basis of a majority of votes.
 

Determination on the Appeal

14.

If the Director accepts the decision of the Appeals Committee, the secretary will inform the appellant in writing within 5 working days.  If the Director does not accept the determination of the Appeals Committee, he has to inform the SDEV within 5 working days.  SDEV will then make a final decision on the appeal within the next 7 working days.  The secretary will thereafter inform the appellant of the decision, which will be final.
 
Footnote

1  Appeals on the unit rate of the notional replacement flat will be considered by the Director of Lands. Details are set out in the "Land Resumption and Compensation in the Urban Area - Guidelines for Owners, Occupiers and Surveyors" issued by the Lands Department.

 

Enquiry

Secretariat of the Home Purchase Allowance Appeals Committee
17/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong

Tel No. :

3509 8875

Fax No. :

2905 1002

Email Address :

hpa_enquiry@devb.gov.hk