Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Part ii landlord and tenant (consolidation) ordinance cap.7

Legal area

Court

4 Jul 1996

RE KUNG YEUK MAN

Citation

RE KUNG YEUK MAN
Court

Court of Appeal
Case number

CACV61/1996

The Court held that (1) the last proceeding (an appeal) constituted a proceeding under O3 r6 and notice to every defendant was not required; alternatively the judge rightly exercised discretion under O2 r1 as there was no prejudice; (2) D1 could not acquire possessory title against the Crown because occupation was by licence and the Crown's actions recognized the plaintiffs' title; proprietary estoppel was not established; and (3) D14 and D19 occupied as agricultural tenants or tenants at sufferance and were not entitled to Part II Cap.7 protection. Accordingly all three appeals were dismisse…
24 Oct 1979

CHAN KWOK KWAN v. CHAN CHEONG WAI t/a CHAN CHEONG KEE STORE

Citation

CHAN KWOK KWAN v. CHAN CHEONG WAI t/a CHAN CHEONG KEE STORE
Court

District Court
Case number

DCCJ5598/1978

On the evidence the domestic and non‑domestic uses of the premises were of roughly equal weight; applying the authoritative principle that where uses are equal the domestic user is to be regarded as primary, the premises were held to be subject to Part II. The plaintiff therefore failed to establish entitlement to possession. The tenancy was to the defendant personally (not a firm) and the plaintiff's claim for a declaration of indemnity for prospective Crown waiver fees was refused as discretionary and speculative.