Resumption authority has a duty to disclose relevant factual evidence in its possession

Kaisilk Development Ltd v Director of Lands ([2011] HKEC 677, LT) concerned the amount of compensation payable under section 10(2) of the Lands Resumption Ordinance (Cap 124). Most of the judgment is concerned with technical valuation matters. At paragraph 24, however, Deputy Judge Lui reminds the resumption authority that the factual data about location chracateristics that  it has gathered concerning a site (such as photographs) do not enjoy any kind of privilege and should be disclosed. Its expert, like all experts, has an overriding duty to assist the Tribunal to deal with the matter in a fair and informed manner. Such materials should be disclosed to owners who apply for determination of compensation.

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