Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Part iv landlord and tenant (consolidation) ordinance

Legal area

Court

30 Jun 2000

LUCKY HERO DEVELOPMENT LTD. v. WONG HOI MING

Citation

LUCKY HERO DEVELOPMENT LTD. v. WONG HOI MING
Court

Court of First Instance
Case number

HCA19312/1999

Because the premises fell within Part IV protections and the plaintiff had not established proper termination or valid forfeiture, the sub-tenant retained rights that could not be defeated by the writ of possession; accordingly the sub-tenant must be joined as a defendant so he can defend his tenancy and the appeal allowing joinder was required.
7 May 1993

TSUI WING CHUNG v. ANNA HO as agent for CHARLES HO MOOK

Citation

TSUI WING CHUNG v. ANNA HO as agent for CHARLES HO MOOK
Court

Lands Tribunal
Case number

LDMP405/1993

A valid Form CR101 cannot be withdrawn once served and a landlord is confined to opposition grounds stated in that original valid notice; because the first Form CR101 expressly stated no opposition, the respondent could not validly oppose the tenant's Section 117(1) application by relying on a later notice or on persistent late payment during the cooling-off period; accordingly the Tribunal had to grant the new tenancy and determine rent.