Cap. 504 Art. 77Revocation and modification. Cap. 88.

(1) The Authority or the Tribunal may, only in the cases of fraud or where public safety is concerned or where there is an error on the face of the record, by a decision revoke or modify any licence or development permission granted under this Act, including any clearance issued by the Authority under an Order, stating in such decision its reasons for so doing; and, prior to deciding to revoke or modify a licence or development permission in terms of this sub-article, the Authority or the Tribunal, as the case may be, shall inform the person who will be affected by its decision of the date and time of its meeting where the Authority or the Tribunal shall also hear the said person’s submissions if the latter opts to attend, and any other person’s submissions: Provided that the Authority or the Tribunal may in relation to any licence or development permission, including any clearance issued by the Authority under an Order, issued after the date of coming into force of this Act commence proceedings to revoke or modify any such licence or development permission, including any clearance issued by the Authority under an Order, within five years from the date of issuing of the licence or development permission, including any clearance issued by the Authority under an Order.

(2) For the purposes of sub-article (1): "fraud" means the submission to the Authority of any information, declaration or plan on the basis of which the Authority Provided that the Authority shall not revoke or modify a licence or development permission on the basis of fraud where the fraudulent information did not have a material bearing on the issuing of the licence or development permission; and "error on the face of the record" means an error on the face of a record which offends against the law.

(3) The applicant shall, if the decision is taken by the Authority, have a right to appeal the Authority’s decision to the Tribunal within thirty days from the date of service of a revocation decision or a modification decision.

(4) No compensation shall be payable by the Authority when it acts under the provisions of sub-article (1) where the reason for the revocation or a modification of a licence or development permission is based on fraud or error of law on the face of the record.

(5) Where the reason for revocation or modification of a licence or development permission is public safety, the following rules shall apply:

(a) any demolition or other work that may be necessary for compliance with the order shall be carried out by, or at the expense of, the Authority;

(b) if on a claim made to the Authority within twelve months of the date of the revocation decision or the modification decision, it is shown that any person interested in the land has incurred expenditure that is rendered useless by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall, subject to paragraph (c), pay to that person compensation in respect of that expenditure, loss or damage;

(c) no compensation shall be payable under this article:

(i) in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification,

(ii) in respect of any work carried out before the grant of the licence or permission that is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that licence or permission;

(d) where compensation is payable under this article in respect of expenditure incurred in carrying out any work on land, if the competent authority under the Land Acquisition (Public Purposes) Ordinance acquires any interest in that land, any compensation