CHOW SUI KWAN v. LEUNG FOOK CHEONG

CHOW SUI KWAN v. LEUNG FOOK CHEONG

Interlocutory applications heard by the District Court prior to 19/12/81 amount to matters or proceedings that the Court 'has heard or commenced to hear' within s.59(1); therefore s.59(1) requires the District Court to continue and dispose of those matters as if the Amendment Ordinance had not been enacted, and the new Section 53A does not apply to these actions.

Citation
CHOW SUI KWAN v. LEUNG FOOK CHEONG
Parties
Plaintiff: CHOW SUI KWAN alias CHOW CHO POON; 1st Defendant: Personal Representative of SHUM YAT MING, Deceased; 2nd Defendant: LO PING YIN; 3rd Defendant: MRS. SHEK; 4th Defendant: LEUNG CHUI YING; 5th Defendant: POON WAI HUNG; 6th Defendant: LAM HON KIM; 7th Defendant: CHAN KIT KEUNG; 8th Defendant: TONG YING; 9th Defendant: FUNG CHI CHEONG; 10th Defendant: LAM TAI CHI; Defendant (action No.6036/1980): HA LIN FONG; Defendant (action No.23/1981): TAM WAH SUM; Defendant (action No.24/1981): LEUNG FOOK CHEONG
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCJ24/1981
Procedural Posture
Civil Landlord and Tenant (rebuilding/compensation) / Preliminary Ruling on Applicability of Amended Statute Before Trial (hearing Commenced)
Outcome
Court ruled actions proceed under pre-existing law; new Section 53A not applied to these actions
Legal Topics
Retrospective Application of Statute, Jurisdictional Transfer to Lands Tribunal, Interlocutory Proceedings, Section 53/53 a Rebuilding Orders, Compensation to Tenants
Source Language
EN
Landlord and Tenant Law Statutory Interpretation Civil Procedure Retrospective Application of Statute Jurisdictional Transfer to Lands Tribunal Interlocutory Proceedings Section 53/53 a Rebuilding Orders Compensation to Tenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CHOW SUI KWAN alias CHOW CHO POON

Plaintiff

Personal Representative of SHUM YAT MING, Deceased

1st Defendant

LO PING YIN

2nd Defendant

MRS. SHEK

3rd Defendant

LEUNG CHUI YING

4th Defendant

POON WAI HUNG

5th Defendant

LAM HON KIM

6th Defendant

CHAN KIT KEUNG

7th Defendant

TONG YING

8th Defendant

FUNG CHI CHEONG

9th Defendant

LAM TAI CHI

10th Defendant

HA LIN FONG

Defendant (action No.6036/1980)

TAM WAH SUM

Defendant (action No.23/1981)

LEUNG FOOK CHEONG

Defendant (action No.24/1981)

Procedural Posture

Civil Landlord and Tenant (rebuilding/compensation) / Preliminary Ruling on Applicability of Amended Statute Before Trial (hearing Commenced)

Legal Issues

  1. 1 Whether the Landlord & Tenant Consolidation (Amendment)(No.2) (relevant sections including s.53A) applies to actions issued before 19/12/81
  2. 2 Whether 'heard or commenced to hear' in s.59(1) includes interlocutory applications
  3. 3 Whether interlocutory matters become matters within the jurisdiction of the Lands Tribunal

Ratio Decidendi

Interlocutory applications heard by the District Court prior to 19/12/81 amount to matters or proceedings that the Court 'has heard or commenced to hear' within s.59(1); therefore s.59(1) requires the District Court to continue and dispose of those matters as if the Amendment Ordinance had not been enacted, and the new Section 53A does not apply to these actions.

Court Disposition

Court ruled actions proceed under pre-existing law; new Section 53A not applied to these actions

Orders

  • Preliminary ruling delivered: the District Court will continue to dispose of matters heard or commenced to be heard before 19/12/81 as if the Amendment Ordinance had not been enacted
  • Actions to proceed to hearing under the pre-existing Landlord & Tenant law (Section 53A excluded)