Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of proclamation no.15 of 1945
  • 28 Jan 1947

    J.P. MAHUVAWALLA v. B.R. IRANEE

    Citation
    J.P. MAHUVAWALLA v. B.R. IRANEE
    Court
    Court of Appeal
    Case number
    CACV2/1946

    Although appellant had exclusive possession and thus was a tenant at common law, the Proclamation contemplates tenants who fall within the defined classes (principal tenant or sub-tenant) and contemplates rent payable in money; accommodation provided as remuneration for employment (services) is not within the meaning of 'tenant' under Proclamation No.15 of 1945, therefore appellant could not claim bona-fide possession under a landlord and the eviction order must be upheld.