CHOW SUI KWAN v. TAM WAH SUM

CHOW SUI KWAN v. TAM WAH SUM

Section 59(1) preserves the District Court's jurisdiction to continue and dispose of matters or proceedings which it has heard or commenced to hear prior to 19/12/81 as if the Amendment Ordinance had not been enacted; interlocutory applications constitute matters or proceedings and therefore these actions (which had interlocutory matters heard before 19/12/81) must proceed under the pre‑existing law and Section 53A does not apply.

Citation
CHOW SUI KWAN v. TAM WAH SUM
Parties
Plaintiff: Chow Sui Kwan alias Chow Cho Poon; 1st Defendant: The 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 6036/1980): Ha Lin Fong; Defendant (action No. 23 of 1981): Tam Wah Sum; Defendant (action No. 24 of 1981): Leung Fook Cheong
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCJ23/1981
Procedural Posture
Landlord and Tenant Proceedings (rebuilding Under Section 53(2)(c) Landlord & Tenant Ordinance) / Pre‑trial / Preliminary Ruling on Applicability of Amended Statute; Hearing Commenced (trial Began 2/2/82)
Outcome
Actions to proceed under pre‑existing law; the new Section 53A of the amended Ordinance not to be applied to these actions
Legal Topics
Retrospective Application of Statutes, Jurisdiction Transfer to Lands Tribunal, Interlocutory Applications, Section 53 a Landlord & Tenant Ordinance
Source Language
EN
Landlord and Tenant Law Statutory Interpretation Civil Procedure Tribunal Jurisdiction Retrospective Application of Statutes Jurisdiction Transfer to Lands Tribunal Interlocutory Applications Section 53 a Landlord & Tenant Ordinance

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Parties

Chow Sui Kwan alias Chow Cho Poon

Plaintiff

The 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 6036/1980)

Tam Wah Sum

Defendant (action No. 23 of 1981)

Leung Fook Cheong

Defendant (action No. 24 of 1981)

Procedural Posture

Landlord and Tenant Proceedings (rebuilding Under Section 53(2)(c) Landlord & Tenant Ordinance) / Pre‑trial / Preliminary Ruling on Applicability of Amended Statute; Hearing Commenced (trial Began 2/2/82)

Legal Issues

  1. 1 Whether the Landlord & Tenant Consolidation (Amendment)(No.2) (relevant sections in force 19/12/81) applies to actions issued before that date
  2. 2 Whether 'heard or commenced to hear' in Section 59(1) includes interlocutory applications
  3. 3 Whether District Court retains jurisdiction to continue and dispose of matters already heard under the pre‑existing law or must apply the amended law

Ratio Decidendi

Section 59(1) preserves the District Court's jurisdiction to continue and dispose of matters or proceedings which it has heard or commenced to hear prior to 19/12/81 as if the Amendment Ordinance had not been enacted; interlocutory applications constitute matters or proceedings and therefore these actions (which had interlocutory matters heard before 19/12/81) must proceed under the pre‑existing law and Section 53A does not apply.

Court Disposition

Actions to proceed under pre‑existing law; the new Section 53A of the amended Ordinance not to be applied to these actions

Orders

  • Proceedings and trial in these consolidated actions to continue in the District Court under the law as it existed before 19/12/81
  • Interlocutory applications heard and concluded before 19/12/81 to be treated as having been heard for the purposes of Section 59(1)