TANG WAI CHEE AND ANOTHER v. CHAN SIK HONG AND ANOTHER

TANG WAI CHEE AND ANOTHER v. CHAN SIK HONG AND ANOTHER

The Lands Tribunal lacks jurisdiction under s.8(7) because the evidence established that the tenancy was surrendered in 1988 and the respondents were occupying the disputed areas as tenants or tolerated occupiers of the government (or as trespassers), not as former tenants of the applicants; therefore the statutory prerequisite of a pre-existing landlord-tenant holding-over did not exist and possession relief cannot be granted by the Tribunal.

Citation
TANG WAI CHEE AND ANOTHER v. CHAN SIK HONG AND ANOTHER
Parties
1st Applicant: TANG Wai-chee; 2nd Applicant: TANG Cheuk-chuen; 1st Respondent: CHAN Sik-hong; 2nd Respondent: CHUNG Chuen-chup
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
15 November 2000
Case Number
LDPE794/1999
Procedural Posture
Landlord and Tenant Dispute Over Repossession of Land and Mesne Profits Before the Lands Tribunal / Ruling on Jurisdiction With Order to Transfer to the District Court
Outcome
Lands Tribunal finds it has no jurisdiction and transfers the proceedings to the District Court
Legal Topics
Repossession, Tenancy Surrender, Held Over Tenancy, Jurisdiction of Lands Tribunal, Land Resumption, Boundary Dispute
Source Language
EN
Landlord and Tenant Property Law Administrative Law Civil Procedure Tribunal Jurisdiction Repossession Tenancy Surrender Held Over Tenancy +3 more

Case Brief

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Parties

TANG Wai-chee

1st Applicant

TANG Cheuk-chuen

2nd Applicant

CHAN Sik-hong

1st Respondent

CHUNG Chuen-chup

2nd Respondent

Procedural Posture

Landlord and Tenant Dispute Over Repossession of Land and Mesne Profits Before the Lands Tribunal / Ruling on Jurisdiction With Order to Transfer to the District Court

Legal Issues

  1. 1 Whether the Lands Tribunal has jurisdiction under s.8(7) of the Lands Tribunal Ordinance to grant possession where the alleged tenancy was surrendered
  2. 2 Whether the respondents occupy land as former tenants of the applicants or as tenants/tolerated occupiers of the government
  3. 3 Whether surrender occurred in 1988 and, if so, effect on landlord-tenant relationship

Ratio Decidendi

The Lands Tribunal lacks jurisdiction under s.8(7) because the evidence established that the tenancy was surrendered in 1988 and the respondents were occupying the disputed areas as tenants or tolerated occupiers of the government (or as trespassers), not as former tenants of the applicants; therefore the statutory prerequisite of a pre-existing landlord-tenant holding-over did not exist and possession relief cannot be granted by the Tribunal.

Court Disposition

Lands Tribunal finds it has no jurisdiction and transfers the proceedings to the District Court

Orders

  • Case forthwith transferred to the District Court
  • Each party to bear his own costs incurred in the Lands Tribunal