Appeal court sides with gov’t in land concession expiration

The Court of Second Instance (TSI) has backed the government’s decision to reclaim three land plots for expiration of the concession without the expected development once again, reaffirming the decision as lawful, the Office of the Court of Final Appeal announced in a statement.

In the statement, the Office acknowledges the ruling by the TSI in the appeals for the cases regarding the decision of the Chief Executive to declare the expiration of the concession of land plots, considering the reasons given by the appellants as invalid.

The cases referred to plots located in Coloane and in Taipa, the first in the industrial area of ​​Seac Pai Van, the second in the Ka Ho area and the third in the Pac On area in Taipa. In all cases, the concession period given was well past the 25-year period, without which the concessionaires have made the necessary development to make the concession period definitive.

In all cases, the Court ruled that, since the concessionaires did not complete the use of the land until the expiration of the 25-year concession and consequently, such concessions could not, by the previous fact, become definitive, the government has the duty, according to Articles 166 and 167 of the Land Law, to declare expiration, disregarding the fact that such non-development is or is not due to factors to be appointed to the concessionaires.
In this sense, and according to the law in force, the court rules that there is no “[breach] of the principles of good faith, equality, justice, impartiality and trust, neither the lack of prior hearing or lack of inquiry.”

In light of such premises, the TSI denied the appeals made by the three concessionaires and maintained the three decisions declared by the Chief Executive.