17 Jul 1972
AU YEUNG TUNG AND ANOTHER v. NO HO CHOR t/a LEE SHING HONG
- Citation
- AU YEUNG TUNG AND ANOTHER v. NO HO CHOR t/a LEE SHING HONG
- Court
- District Court
- Case number
- DCCJ737/1972
The court held that primary user must be proved as at the commencement date of the Ordinance (5 June 1970); the Commissioner's certificate of inspection (2 July 1971) was prima facie evidence of non-domestic use which the defendant failed to rebut on the evidence; on the facts the premises were primarily used for business and therefore the Rent Increases (Domestic Premises) Control Ordinance did not apply; the Notice to Quit was effective and possession was granted to the plaintiffs.