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PROPERTY RATES in HONG KONG Assessment, Collection and Administration PROPERTY RATES IN HONG KONG Assessment, Collection and Administration Rating and Valuation Department The Government of the Hong Kong Special Administrative Region PROPERTY RATES IN HONG KONG Assessment, Collection and Administration Rating and Valuation Department The Government of Hong Kong Special Administrative Region Hong Kong, China Property Rates in Hong Kong Assessment, Collection and Administration Third Edition By LY CHOI, JP Commissioner of Rating and Valuation © Copyright reserved All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without the written permission of the copyright holder. Notes and Disclaimer This book is not intended to provide an authoritative interpretation of the law, which is the power of courts of the Hong Kong Special Administrative Region. Views expressed in this publication represent those of the editor and the contributors in their personal capacity. They are not necessarily the views of the Rating and Valuation Department and should not be taken as binding on the editor, the contributors and the Department in any official dealings with the Hong Kong Special Administrative Region Government. The Hong Kong Special Administrative Region Government is not responsible for any inaccuracies, errors or omissions in this publication, or for any loss, action, or inaction arising from the use of, or for advice based on, any information therein. Acknowledgements Gratitude goes to the Information Services Department and our colleagues for their permissions to reproduce some of their photographs in this book. PROPERTY RATES IN HONG KONG Assessment, Collection and Administration First Edition 2006 Kenneth TW PANG, JP Former Commissioner of Rating and Valuation Second Edition 2013 Mimi BROWN, JP Former Commissioner of Rating and Valuation Third Edition 2021 LY CHOI, JP Commissioner of Rating and Valuation FOREWORD (Third Edition) Here comes the third edition of the Property Rates in Hong Kong. In the long history of over 175 years, property rates in Hong Kong are well recognised both locally and internationally as a simple, equitable and broad-based tax on landed property. This book gives readers not only the basic concepts of the rating system in Hong Kong but also a glimpse of the similarities in the basis of assessment for Government rent purposes. Apart from the up-to-date statistics and latest developments in the rating regime, this edition contains court decisions over the past few years that have firmed up the legal bases of rating assessment. To embrace the changes in the advent of the era of e-Service, the Rating and Valuation Department continues to seek opportunities in the application of information technology and improvements in computer-assisted mass appraisal techniques. The Department also strives to promote wider use of e-Services for the public including but not limited to those for the billing and payment of rates and Government rent, the dissemination of property market statistics as well as the tracking of case progress. Let’s embark on a new journey, learning from the past to the present of the rating system in Hong Kong! LY CHOI, JP Commissioner of Rating and Valuation January 2021 Contents Chapter 1 Introduction 1 Chapter 2 History of Rates in Hong Kong 4 The Origin ............................................................................................................................. 4 Consolidation of Rates .......................................................................................................... 5 Urban and Regional Council Rates ....................................................................................... 6 Annual Revaluations ............................................................................................................. 6 Extension of Rating to the New Territories ........................................................................... 7 Major Revisions to the Rating Ordinance ............................................................................. 9 Further Developments of the Rating System ...................................................................... 12 Chapter 3 Liability for Rates 14 Definition of Tenement ....................................................................................................... 14 Rateability of Plant and Machinery ..................................................................................... 16 Rateability of Advertising Signs ......................................................................................... 18 Liability for Payment .......................................................................................................... 20 Apportionment of Rateable Value and Rates Payable ......................................................... 21 Computation of Rates Payable ............................................................................................ 21 Rates Relief and Concessions ............................................................................................. 24 Differential Rating ............................................................................................................... 27 Chapter 4 Basis of Rating Assessment 31 Principle of Assessment ...................................................................................................... 31 Tone of the List ................................................................................................................... 32 Valuation Reference Date .................................................................................................... 33 The Rebus Sic Stantibus Principle ...................................................................................... 33 Methods of Valuation .......................................................................................................... 34 Valuation by Reference to Rents (Comparison Method) .................................................... 35 Valuation by Reference to Receipts and Expenditure (Receipts & Expenditure Method).. 35 Valuation by Reference to Costs (Contractor’s Method) .................................................... 38 Choice of Valuation Method ............................................................................................... 41 Chapter 5 Annual Revaluations 44 Purpose of Revaluation ....................................................................................................... 44 Frequency of Revaluations .................................................................................................. 44 Designated Valuation Reference Date ................................................................................. 46 Preparation of a New Valuation List ................................................................................... 47 Post-revaluation Statistical Audit ........................................................................................ 50 Compliance Check during Revaluation .............................................................................. 52 Chapter 6 Maintenance of the Valuation List 54 Updating the Valuation List ................................................................................................. 54 Deletions ............................................................................................................................. 54 Interim Valuations ............................................................................................................... 55 Corrections .......................................................................................................................... 55 Notices of Deletion, Interim Valuation and Correction ....................................................... 55 Effective Dates .................................................................................................................... 56 Objections against Deletion, Interim Valuation and Correction ......................................... 57 Chapter 7 Proposals, Objections and Appeals 59 Legislation ........................................................................................................................... 59 Proposals ............................................................................................................................. 59 Objections ........................................................................................................................... 61 Withdrawal and Agreement ................................................................................................. 61 Appeals ................................................................................................................................ 62 Rates Payable ...................................................................................................................... 64 Lands Tribunal .................................................................................................................... 64 Fairness and Equity ............................................................................................................. 66 Chapter 8 Rates Exemptions 69 Exemption from Liability for Rates .................................................................................... 69 Exemption from Assessment ..............................................................................................
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