CHOW SUI KWAN v. HA LIN FONG

CHOW SUI KWAN v. HA LIN FONG

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 the amendment; 'heard or commenced to hear' includes interlocutory applications and steps in the action; because relevant interlocutory matters were heard and concluded before 19/12/81 these actions must proceed under the pre-existing law and the new Section 53A does not apply to them.

Citation
CHOW SUI KWAN v. HA LIN FONG
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 23/1981): TAM WAH SUM; Defendant (action 24/1981): LEUNG FOOK CHEONG
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCJ6036/1980
Procedural Posture
Landlord and Tenant / Civil Action Under Landlord & Tenant Ordinance / Preliminary Ruling on Retrospective Application of Amendment; Trial Commenced 2/2/82 After Interlocutory Matters Concluded Prior to 19/12/81
Outcome
Plaintiff's argument accepted in part; actions to proceed under pre-existing law and Section 53A not to be applied to these actions
Legal Topics
Retrospective Effect of Legislation, Jurisdictional Transfer to Lands Tribunal, Interlocutory Applications, Section 53 a Landlord & Tenant Ordinance
Source Language
EN
Landlord and Tenant Statutory Interpretation Civil Procedure Retrospective Effect of Legislation Jurisdictional 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 23/1981)

LEUNG FOOK CHEONG

Defendant (action 24/1981)

Procedural Posture

Landlord and Tenant / Civil Action Under Landlord & Tenant Ordinance / Preliminary Ruling on Retrospective Application of Amendment; Trial Commenced 2/2/82 After Interlocutory Matters Concluded Prior to 19/12/81

Legal Issues

  1. 1 Whether the Landlord & Tenant Consolidation (Amendment)(No.2) (notably Section 53A) applies to actions issued before 19/12/81
  2. 2 Meaning of the phrase 'heard or commenced to hear' in Section 59(1)
  3. 3 Whether interlocutory applications constitute matters 'heard or commenced to hear'

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 the amendment; 'heard or commenced to hear' includes interlocutory applications and steps in the action; because relevant interlocutory matters were heard and concluded before 19/12/81 these actions must proceed under the pre-existing law and the new Section 53A does not apply to them.

Court Disposition

Plaintiff's argument accepted in part; actions to proceed under pre-existing law and Section 53A not to be applied to these actions

Orders

  • Actions to proceed under the pre-existing law (Section 53A of the amended Ordinance shall not be applied to these actions)
  • Hearing to continue in the District Court as if the Amendment Ordinance had not been enacted in respect of matters heard or commenced to be heard before 19/12/81