The Lands Tribunal is set to rule on Tuesday afternoon regarding an application by Hop On Management Company Limited—the administrator of the Incorporated Owners of Wang Fuk Court—to postpone a special owners’ general meeting requested by residents in late April.
During the hearing on Monday morning, the court heard that Hop On received a petition from residents on April 29 demanding a general meeting that could accommodate at least 1,000 people and last for at least six hours.
Under the Building Management Ordinance, an administrator is legally required to issue a meeting notice within 14 days of receiving such a petition and hold the meeting within 45 days, which places the statutory deadline for this meeting on June 13.
However, Hop On argued that the deadline provides insufficient time to properly verify the identities and signatures of the owners, secure an appropriate venue, and prepare, review, and serve the relevant notices.
The company added that, as some owners passed away in the fire, their executors require more time to obtain grants of probate. Rushing the meeting could unfairly deprive lawful heirs of the chance to represent their interests.
Judge Lam Chin-ching questioned whether the court genuinely holds the jurisdiction to grant extensions.
In response, Hop On argued that while the Building Management Ordinance does not explicitly authorize the court to extend statutory deadlines, the Lands Tribunal possesses "implied or incidental powers" to do so under exceptional circumstances.
To support this claim, the company cited past legal precedents where owners' meetings were deferred during the SARS and Covid-19 outbreaks.
Lam also questioned when relevant proceedings would ultimately end if the court were to grant flexibility every time an applicant faced difficulties, noting that Hop On could not even provide a definitive alternative date for the meeting.
In response, Hop On maintained that the tribunal is entitled to exercise judicial discretion and relax statutory requirements as long as valid and justifiable grounds are established.
While Lam acknowledged the practical hurdles faced by the management company, he emphasized that the court must balance those challenges against the interests of the residents.
A written judgment on the application will be handed down on Tuesday afternoon.
