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Guidelines on applying for review of the Government’s identification of a lease as a Special Purpose Lease (SPL)

  1. Time limit for application
    Within 1 year from the date of identification of the lease as an SPL (only applicable to SPLs executed before 5 July 2024 only Note).
  2. Eligibility of the applicant
    The applicant must demonstrate that he is the lessee of the lot concerned, the registered owner, or a representative authorized in writing by the registered owner to act on the latter’s behalf.  Where the lot is jointly held by multiple owners, the application must be made jointly by all co-owners (including all parties with equitable interests, such as signatories to an Agreement for Sale and Purchase registered at the Land Registry and executors).
  3. Supporting documents / information to be submitted by the applicant
    - Lot number
    - Lease expiry date
    - Justifications for the review application, including but not limited to the reasons why the lease should not be regarded as an SPL, and historical background of the lot
    - Identity proof of the lessee or the registered owner(s), written authorisation of the representative (if any)
  4. Time required for handling an application
    The Lands Department will consider the review application in consultation with the relevant policy bureau(x), and will normally notify the applicant of the review decision within 6 months upon receipt of a valid application. Individual complicated cases may require additional processing time, but the department will endeavour to complete the processing within a reasonable timeframe.
  5. Procedures after the review application is approved
    If the application upon review is approved by the Lands Department and the relevant policy bureau(x) for identification of the lease as not being an SPL, the Lands Department will, in accordance with section 5(1) of the Extension of Government Leases Ordinance (the Ordinance), cause an SPL cancellation note to be made in the register kept in the Land Registry in relation to the lease concerned, so as to cancel the SPL identification note previously made. As such, the lease is an applicable lease under the Ordinance (i.e. the lease is regarded as not being an SPL as at the date of publication of the Extension Notice) and the procedures for its extension or non-extension will be handled in accordance with the new mechanism under the Ordinance.
 

Note :

For SPLs executed on or after 5 July 2024, as the status of the lease as an SPL has been mutually confirmed by the Government and the lessee upon execution, the review mechanism is not applicable.