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Article

J.R. Carby‐Hall

The doctrine of illegality in the law of contract generally is complex. Furthermore, a great deal of it is not directly relevant to employment law. Any discussion on the…

Abstract

The doctrine of illegality in the law of contract generally is complex. Furthermore, a great deal of it is not directly relevant to employment law. Any discussion on the doctrine of illegality in the law of contract generally would therefore be irrelevant in a work treating solely illegality of the contract of employment. Cases concerning aspects of illegality relating to contracts of employment have at times come before industrial tribunals and the courts. It is therefore proposed to limit the discussion to those aspects which concern solely contracts of employment. For a reader reading on the subject the reader is referred to the standard textbooks.

Details

Managerial Law, vol. 25 no. 6
Type: Research Article
ISSN: 0309-0558

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Article

Hing Fung Leung

To study the nature of covenants for planning control from a legal perspective; to examine the legal mechanisms by which different parties may be bound by covenants and to…

Abstract

Purpose

To study the nature of covenants for planning control from a legal perspective; to examine the legal mechanisms by which different parties may be bound by covenants and to illustrate the better legal meaning for the idea of “planning by contract”.

Design/methodology/approach

The legal principles in Hong Kong relating to how land covenants may affect land owners are used in analyzing the concept of “planning by contract”, which conveys a meaning of an origin from the concept of privity of contract. Examples by reference to real life cases are used to illustrate how planning control through covenants has affected land owners.

Findings

Covenants relating to planning control in land leases affect not only the original government lessees but also all subsequent owners to the land. The operation of planning control through covenants is more than a concept based on operation of contract.

Research limitations/implications

The analysis is largely based on the law in Hong Kong. The extent to which the analysis may apply elsewhere is a matter depending on the legal framework in the operation of land covenants at different places.

Practical implications

Land owners and facility managers should fully understand the mechanism by which land covenants may bind land owners even if they have never agreed to the covenants and that the development potential of the property may be seriously affected.

Originality/value

This paper will serve as an aid to land owners and facility managers to understand the mechanism by which land covenants may affect the land and its development potential.

Details

Facilities, vol. 24 no. 5/6
Type: Research Article
ISSN: 0263-2772

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Abstract

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Property Management, vol. 18 no. 5
Type: Research Article
ISSN: 0263-7472

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Abstract

Details

Property Management, vol. 19 no. 2
Type: Research Article
ISSN: 0263-7472

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Article

Terence Y.M. Lam and Henry K.H. Man

Illegal changes of use in aged industrial and residential buildings is now a prevalent problem in Hong Kong. This research aims to develop a strategy for an effective and…

Abstract

Purpose

Illegal changes of use in aged industrial and residential buildings is now a prevalent problem in Hong Kong. This research aims to develop a strategy for an effective and efficient control of illegal land use in a highly dense environment, with high rise buildings in multiple leasehold ownerships.

Design/methodology/approach

Multiple cases were qualitatively analyzed, based on documentary analysis of the court proceedings.

Findings

In Cases 1 and 2, lease conditions for restriction to industrial purposes on aged industrial buildings were found to be obsolete and not economically viable, thus resulting in illegal conversion of the premises for commercial use. Cases 2 and 3 showed that ambiguity in user clauses in land leases could lead to illegal changes of use from industrial or residential to commercial activities. Most importantly, Cases 1 and 3 demonstrated that limited resources for lease enforcement are the fundamental cause of the problem. Cases 4 and 5 proved that property managers could take effective legal action against changes of use in buildings with multiple ownerships.

Research limitations/implications

The results of this study are derived from five typical cases in Hong Kong, but they form a baseline upon which further research can build to test their significance in many other settings. Ultimately, a more robust strategy can be developed for ensuring an effective and efficient control of illegal land uses in the leasehold system for Hong Kong and for those countries with a similar tenure system.

Practical implications

A total economic and management strategy should be implemented by the government. The land management system should work in partnership with private property managers which are empowered under the Deed of Mutual Covenant (DMC) of multiple occupied buildings to take instant action against individual owners for breaches of lease conditions. The system should also be more flexible to expand the scope of new uses for aged industrial premises, allow affordable premium for lease modifications, as well as review and clarify any ambiguous user clauses in the related land ordinances.

Social implications

The public should be educated that it is important to seek approvals and consents from the government prior to making any changes of land use. The government should also establish a housing policy to provide sufficient affordable housing for the lower income group so that illegal sub‐divisions on buildings for residential purposes can be eliminated.

Originality/value

The improvement measures identified can effectively enforce compliance with lease conditions, which in turn can reduce the enforcement transaction costs, ensure efficient allocation and use of land in the leasehold system, and maintain building safety.

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Article

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes…

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Structural Survey, vol. 19 no. 3
Type: Research Article
ISSN: 0263-080X

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Article

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property…

Abstract

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Facilities, vol. 19 no. 9
Type: Research Article
ISSN: 0263-2772

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Article

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes…

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Property Management, vol. 19 no. 3
Type: Research Article
ISSN: 0263-7472

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Article

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes…

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Journal of Property Investment & Finance, vol. 19 no. 5
Type: Research Article
ISSN: 1463-578X

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Article

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property…

Abstract

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.

Details

Facilities, vol. 18 no. 9
Type: Research Article
ISSN: 0263-2772

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