Hong Kong Case Law: Decisions & Judgments

Topic

Tenancy protection under statute

Legal area

Court

16 Sept 2004

WONG YUNG KWAI v. SO WAI

Citation

WONG YUNG KWAI v. SO WAI
Court

Court of First Instance
Case number

HCA12929/1997

Court found on balance of probabilities that an oral yearly tenancy was created about 40 years ago for the whole lot at $50 per annum, Ex P1 was not signed by the defendant, the Landlord and Tenant (Consolidation) Ordinance applied, and therefore plaintiff was not entitled to possession or injunctive relief but was entitled to mesne profits at $50 per annum from November 1997; defendant awarded costs.
2 Apr 1980

LAM WAI v. MAK YOK-JAN

Citation

LAM WAI v. MAK YOK-JAN
Court

Court of Appeal
Case number

CACV38/1980

The amending Ordinance No.6 of 1980 manifested a clear legislative intention to bring the specified classes of tenancies within Part II as from 18 December 1979, that intention applies to pending proceedings and overcomes the general saving in the Interpretation Ordinance; the district judge's earlier orders were reviewable and thus could be set aside, so the tenancy was protected by Part II and the landlord's claim for possession failed.
7 Mar 1980

MAK YOK JAN v. LAM WAI

Citation

MAK YOK JAN v. LAM WAI
Court

District Court
Case number

DCCJ371/1980

The deletion of section 50(6)(j) and its deemed commencement on 18 December 1979 did not operate retrospectively to protect tenancies created before that date; the landlord's reversionary right acquired in 1977 remained intact and the strike‑out of the defendant's defence under Order 18 rule 19 was correctly ordered.

Hong Kong Case Law

WONG YUNG KWAI v. SO WAI

LAM WAI v. MAK YOK-JAN

MAK YOK JAN v. LAM WAI