### Lands Tribunal Ordinance 《土地審裁處條例》

11AA. Leave to appeal
(1) Subject to subsection (2), no appeal may be made under section 11(2) unless leave to appeal has been granted by the Tribunal or the Court of Appeal.
(2) Subject to subsection (4), an appeal lies as of right to a presiding officer from a judgment, order or decision of a registrar.
(3) An appeal under subsection (2) is subject to rules made under section 10(3).
(4) Where rules made under section 10(3) provide that an appeal from a specified judgment, order or decision of a registrar lies to the Court of Appeal, the appeal may be made to the Court of Appeal with leave of a registrar or the Court of Appeal.
(5) Leave to appeal may be granted—
(a) in respect of a particular issue arising out of the judgment, order or decision; and
(b) subject to such conditions as the Tribunal, the Court of Appeal or the registrar hearing the application for leave considers necessary in order to secure the just, expeditious and economical disposal of the appeal.
(6) Leave to appeal shall not be granted unless the Tribunal, the Court of Appeal or the registrar hearing the application for leave is satisfied that—
(a) the appeal has a reasonable prospect of success; or
(b) there is some other reason in the interests of justice why the appeal should be heard.
(7) This section does not apply in relation to a judgment, order or decision of the Tribunal or a registrar of the Tribunal made before the commencement* of this section.
(8) In this section, registrar (司法常務官) includes a deputy registrar or assistant registrar of the Tribunal.
(Added 3 of 2008 s. 40)

11AB. Decision on leave to appeal final
No appeal lies from a decision of the Court of Appeal as to whether or not leave to appeal to it should be granted.
(Added 3 of 2008 s. 40)

### Lands Tribunal Ordinance 《土地審裁處條例》

11A. Review of decision
(1) The Tribunal may, within 1 month from the date of any decision by it, decide to review that decision and, on such grounds as it may think sufficient, may set aside, reverse, vary or confirm it. (Replaced 30 of 1983 s. 5)
(2) The Tribunal may act under subsection (1)—
(a) on the application of any party; or
(b) on its own motion,
and on notice to all other parties to the proceedings. (Replaced 49 of 1982 s. 12)
(3) If the Tribunal shall have decided, within 1 month from the date of any decision, to exercise its power of review in respect thereof, such power may be exercised at any time thereafter whether within such period of 1 month or otherwise.
(4) The Tribunal may, in any review, hear and receive any evidence it thinks fit for the purpose of determining the issue between the parties. (Added 41 of 1984 s. 2)
(5) The Tribunal shall not exercise its power of review in respect of a decision—
(a) subject to subsection (6), if the decision has already been the subject of a review or the decision is a decision setting aside, reversing, varying or confirming under this section another decision of the Tribunal; or
(b) subsequent to the commencement of proceedings by any party with a view to questioning the decision, by way of appeal or otherwise, unless such proceedings have been abandoned. (Added 32 of 2002 s. 40)
(6) Subsection (5)(a) shall not apply in the case of a decision of the Tribunal under the former section 4(7)(a) or 53A(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7). (Added 32 of 2002 s. 40. Amended 16 of 2004 s. 16)
(Added 80 of 1978 s. 5)

### Lands Tribunal Ordinance 《土地審裁處條例》

12. Costs
(1) The costs of and incidental to all proceedings in the Tribunal are in the discretion of the Tribunal, and the Tribunal has full power to determine by whom and to what extent the costs are to be paid.
(2) Without prejudice to the generality of subsection (1), the Tribunal may make an order awarding costs against a person who is not a party to the relevant proceedings, if the Tribunal is satisfied that it is in the interests of justice to do so.
(3) In any proceedings before it, the Tribunal may by order disallow, or order the legal representative concerned to meet, the whole or any part of any wasted costs.
(4) When determining whether or not to make an order under subsection (3), the Tribunal shall, in addition to all other relevant circumstances, take into account the interest that there be fearless advocacy under the adversarial system of justice.
(5) Where the Tribunal has made an award of costs under subsection (1), (2) or (3), it may order that those costs be taxed in accordance with—
(a) the First Schedule and the Second Schedule to Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A); or
(b) Schedule 1 and Schedule 2 to Order 62 of the Rules of the District Court (Cap. 336 sub. leg. H).
(6) The Registrar or a Master of the High Court, or the registrar or a deputy registrar or assistant registrar of the Tribunal may tax the costs ordered to be taxed under subsection (5).
(7) Notwithstanding subsection (1) and section 12C but subject to subsection (5) and any rules made by the Chief Justice under section 10(3), Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) applies, with the necessary modifications, to the award, taxation and recovery of costs in the Tribunal.
(8) In this section—
legal representative (法律代表), in relation to a party to any proceedings, means a counsel or solicitor conducting litigation on behalf of the party;
Master (聆案官) has the meaning given to it by sections 37, 37AC, 37A and 37B of the High Court Ordinance (Cap. 4);
wasted costs (虛耗訟費) means any costs incurred by a party as a result of—
(a) any improper or unreasonable act or omission; or
(b) any undue delay or any other misconduct or default,
on the part of any legal representative, whether personally or through an employee or agent of the legal representative.

(Replaced 3 of 2008 s. 41)

### Lands Tribunal Ordinance 《土地審裁處條例》

12A. Costs in transferred cases, etc.
(1) This section applies to an action or proceedings transferred—
(a) from the Court of First Instance or the District Court to the Tribunal; or
(b) from the Tribunal to the Court of First Instance or the District Court.
(2) The court or the Tribunal that orders the transfer may make an order for costs prior to the transfer and of the transfer.
(3) The costs of the whole action or proceedings both before and after the transfer are in the discretion of the court or the Tribunal to which the action or proceedings are transferred subject to any order made by the Tribunal or the court which ordered the transfer.
(4) The court or the Tribunal to which the action or proceedings are transferred may make—
(a) an order for costs; and
(b) an order as to the scales on which the costs of the action or proceedings are to be taxed,
as if the action or proceedings were originally commenced in the court or the Tribunal.
(5) Subject to section 12(6), the costs of the whole action or proceedings are to be taxed in the court or the Tribunal to which the action or proceedings are transferred.
(Added 3 of 2008 s. 42)