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Article: A study of the non-legal factors that may affect the quantum of land compensation in the Lands Tribunal in Hong Kong

TitleA study of the non-legal factors that may affect the quantum of land compensation in the Lands Tribunal in Hong Kong
Authors
KeywordsDecision Making
Hong Kong
Land
Law
Issue Date2008
PublisherEmerald Group Publishing Limited. The Journal's web site is located at http://www.emeraldinsight.com/f.htm
Citation
Facilities, 2008, v. 26 n. 13-14, p. 512-525 How to Cite?
AbstractPurpose - To identify the non-legal factors that may affect the quantum of compensation determined by the Lands Tribunal and to examine the impacts of the non-legal factors identified on the quantum of compensation. Design/methodology/approach - Data are chosen from judgments made by the Lands Tribunal from 1980 to 2005. A total of 52 cases are studied. The amount of compensation granted is treated as the dependent variable. A number of factors such as the size of the claimant's claim in relation to the government's offer are used in turn as independent variables. Multiple regression analysis is then used in studying the functional relationship between the independent variables and the dependent variable. The expression demonstrates whether the independent variables are positively or negatively correlated with the dependent variable, as well as the extent of the correlation. Findings - It is found that the factors: the ratio of the applicant's claim to the government's offer, the appointments of counsel and theirs seniorities are significant factors affecting the amount awarded by the Lands Tribunal, while the appointment of qualified general practice surveyor as expert witnesses and their respective seniorities are insignificant factors. Among the three significant factors, the ratio of the applicant's claim to the government's offer and the seniorities of counsel have positive impacts on the amount awarded by the Lands Tribunal as expected while surprisingly, the appointment of counsel has a negative impact on the quantum of compensation awarded by the Lands Tribunal. Research limitations/implications - The first limitation is the relatively small sample size. Hence, there is a question of representativeness of the empirical result. Secondly, the variability of some of the factors is also insufficient, such as the seniority of counsel. Thirdly, there is a possibility of other forms of human bias in the decisions of the Lands Tribunal, which may not be possible to be quantified and taken into account in the model. Practical implications - The paper will surely arouse the interest of legal academics and practitioners in the study of judicial behaviour which is a most non-existent in Hong Kong and rare in UK. Originality/value - The paper is the first one in the area relating to courts in Hong Kong. It is expected to be controversial amongst the judiciary, the legal and the surveying profession and has started a page in the study of judicial behaviour in the Lands Tribunal. © Emerald Group Publishing Limited.
Persistent Identifierhttp://hdl.handle.net/10722/168765
ISSN
2015 SCImago Journal Rankings: 0.371
References

 

DC FieldValueLanguage
dc.contributor.authorLeung, HFen_US
dc.contributor.authorYeung, KSen_US
dc.date.accessioned2012-10-08T03:32:14Z-
dc.date.available2012-10-08T03:32:14Z-
dc.date.issued2008en_US
dc.identifier.citationFacilities, 2008, v. 26 n. 13-14, p. 512-525en_US
dc.identifier.issn0263-2772en_US
dc.identifier.urihttp://hdl.handle.net/10722/168765-
dc.description.abstractPurpose - To identify the non-legal factors that may affect the quantum of compensation determined by the Lands Tribunal and to examine the impacts of the non-legal factors identified on the quantum of compensation. Design/methodology/approach - Data are chosen from judgments made by the Lands Tribunal from 1980 to 2005. A total of 52 cases are studied. The amount of compensation granted is treated as the dependent variable. A number of factors such as the size of the claimant's claim in relation to the government's offer are used in turn as independent variables. Multiple regression analysis is then used in studying the functional relationship between the independent variables and the dependent variable. The expression demonstrates whether the independent variables are positively or negatively correlated with the dependent variable, as well as the extent of the correlation. Findings - It is found that the factors: the ratio of the applicant's claim to the government's offer, the appointments of counsel and theirs seniorities are significant factors affecting the amount awarded by the Lands Tribunal, while the appointment of qualified general practice surveyor as expert witnesses and their respective seniorities are insignificant factors. Among the three significant factors, the ratio of the applicant's claim to the government's offer and the seniorities of counsel have positive impacts on the amount awarded by the Lands Tribunal as expected while surprisingly, the appointment of counsel has a negative impact on the quantum of compensation awarded by the Lands Tribunal. Research limitations/implications - The first limitation is the relatively small sample size. Hence, there is a question of representativeness of the empirical result. Secondly, the variability of some of the factors is also insufficient, such as the seniority of counsel. Thirdly, there is a possibility of other forms of human bias in the decisions of the Lands Tribunal, which may not be possible to be quantified and taken into account in the model. Practical implications - The paper will surely arouse the interest of legal academics and practitioners in the study of judicial behaviour which is a most non-existent in Hong Kong and rare in UK. Originality/value - The paper is the first one in the area relating to courts in Hong Kong. It is expected to be controversial amongst the judiciary, the legal and the surveying profession and has started a page in the study of judicial behaviour in the Lands Tribunal. © Emerald Group Publishing Limited.en_US
dc.languageengen_US
dc.publisherEmerald Group Publishing Limited. The Journal's web site is located at http://www.emeraldinsight.com/f.htmen_US
dc.relation.ispartofFacilitiesen_US
dc.subjectDecision Makingen_US
dc.subjectHong Kongen_US
dc.subjectLanden_US
dc.subjectLawen_US
dc.titleA study of the non-legal factors that may affect the quantum of land compensation in the Lands Tribunal in Hong Kongen_US
dc.typeArticleen_US
dc.identifier.emailLeung, HF:hfleung@hkucc.hku.hken_US
dc.identifier.authorityLeung, HF=rp01009en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.doi10.1108/02632770810914271en_US
dc.identifier.scopuseid_2-s2.0-54849428944en_US
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-54849428944&selection=ref&src=s&origin=recordpageen_US
dc.identifier.volume26en_US
dc.identifier.issue13-14en_US
dc.identifier.spage512en_US
dc.identifier.epage525en_US
dc.publisher.placeUnited Kingdomen_US
dc.identifier.scopusauthoridLeung, HF=8654056500en_US
dc.identifier.scopusauthoridYeung, KS=25626991000en_US

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