CHAN NG SHI v. TSUI KING FUNG

CHAN NG SHI v. TSUI KING FUNG

The Tribunal erred in law by considering hardship; under Proclamation Article 5 para 1 A(i) if the Tribunal finds the statutory conditions (landlord requirement, no suitable accommodation, notice given) it must order possession and cannot refuse on grounds of hardship; the Tribunal's refusal is therefore reversed.

Citation
CHAN NG SHI v. TSUI KING FUNG
Parties
Appellant (landlord): Chan Ng Shi; Respondent (tenant): Tsui King Fung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 February 1947
Case Number
DCMP54/1946
Procedural Posture
Tenancy Tribunal Appeal / Appeal Judgment
Outcome
Appeal allowed; decision of the Tribunal reversed.
Legal Topics
Hardship, Possession, Interpretation of 'may', Notice to Quit, Mesne Profits
Source Language
EN
Tenancy Eviction Housing Property Hardship Possession Interpretation of 'may' Notice to Quit +1 more

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Parties

Chan Ng Shi

Appellant (landlord)

Tsui King Fung

Respondent (tenant)

Procedural Posture

Tenancy Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in considering tenant hardship under the Proclamation
  2. 2 Whether the Tribunal made the requisite factual findings that the premises were required by the landlord or an adult child and that no suitable accommodation existed
  3. 3 Whether the word 'may' in the Proclamation confers discretion or is directory

Ratio Decidendi

The Tribunal erred in law by considering hardship; under Proclamation Article 5 para 1 A(i) if the Tribunal finds the statutory conditions (landlord requirement, no suitable accommodation, notice given) it must order possession and cannot refuse on grounds of hardship; the Tribunal's refusal is therefore reversed.

Court Disposition

Appeal allowed; decision of the Tribunal reversed.

Orders

  • Eviction order against the respondent and sub-tenants to take effect within 30 days from date of judgment
  • Order for payment of all mesne profits due within 7 days