Hong Kong Case Law: Decisions & Judgments

Topic

Primary user certificate

Legal area

Court

28 May 2003

CHAN CHIU YIN v. CHAN KI KAU

Citation

CHAN CHIU YIN v. CHAN KI KAU
Court

Court of Appeal
Case number

CACV468/2001

The Court held the Commissioner’s certificate is only prima facie evidence under s115A(9) and that the Lands Tribunal presiding officer, by treating the certificate as conclusive and failing to ensure the unrepresented tenant had the opportunity to rebut it, committed an irregularity depriving the tenant of a fair hearing; the tenant satisfied the Ladd v Marshall tests for fresh evidence as to primary user (could not have adduced at hearing because of the irregularity, the evidence was important and credible), so the Court admitted the fresh evidence, set aside the possession order and remitt…
22 May 1972

WONG KAI v. LEE SUM HOUNG t/a SHANGHAI TUNG SHAN CO

Citation

WONG KAI v. LEE SUM HOUNG t/a SHANGHAI TUNG SHAN CO
Court

Court of First Instance
Case number

HCA2803/1971

On the evidence the primary use of the premises was non‑domestic (67% effective area used for business), so the Rent Increases (Domestic Premises) Control Ordinance did not apply; the s.3 notice of termination was valid and therefore the Plaintiff was entitled to possession, subject to a time‑limited stay.
FAN KWONG v. SZE PING FONG

Citation

FAN KWONG v. SZE PING FONG
Court

Court of First Instance
Case number

HCA1534/1973

Registrar's judgment was set aside because the evidence disclosed triable issues (including the true primary user of the premises and extent of commercial use) under Order 14 Rule 3; the defendant was granted leave to defend, conditional on payment into court of mesne profits/rent at $500 per month from 1 June 1973 until trial and payment of accrued arrears within one week.

Hong Kong Case Law

CHAN CHIU YIN v. CHAN KI KAU

WONG KAI v. LEE SUM HOUNG t/a SHANGHAI TUNG SHAN CO

FAN KWONG v. SZE PING FONG