Hong Kong Case Law: Decisions & Judgments

Topic

Condition subsequent

Legal area

Court

8 Jan 2016

LO YUK SUI v. FUBON BANK (HONG KONG) LTD formerly known as INTERNATIONAL BANK OF ASIA LTD

Citation

LO YUK SUI v. FUBON BANK (HONG KONG) LTD formerly known as INTERNATIONAL BANK OF ASIA LTD
Court

Court of First Instance
Case number

HCA409/2005

The Letter and Guarantee formed a legally binding bundled agreement; Clause 1 must be construed to mean the Bank was obliged to elect Option 1 if the formal documentation implementing the DRP contained Option 1 and was satisfactory as to the formal documentation itself; the Bank did not demonstrate bona fide dissatisfaction with the formal documentation and elected the Additional Option for commercial reasons which did not excuse breach; no implied term required equal treatment nor a condition that the Letter would lapse after a reasonable time; damages are to be assessed by valuation of the…
10 Jul 1985

NG SHUNG WING, RAYMOND AND ANOTHER v. TAGGART INVESTMENT COMPANY LIMITED

Citation

NG SHUNG WING, RAYMOND AND ANOTHER v. TAGGART INVESTMENT COMPANY LIMITED
Court

Court of First Instance
Case number

HCA34/1983

The clause was a condition subsequent; defendant failed to obtain permanent residence within a reasonable time and, after reasonable notice by the plaintiffs, the failure amounted to repudiation entitling plaintiffs to recover all sums paid and expenses; the Hurricane Bonds were part of the overall transaction and recoverable.
19 Mar 1982

JOSEPH EDWARD HOTUNG v. JIMMY\'S KITCHEN LTD

Citation

JOSEPH EDWARD HOTUNG v. JIMMY\'S KITCHEN LTD
Court

Court of First Instance
Case number

HCMP276/1982

Clause 4(a) (forfeiture on non-payment, bankruptcy, liquidation, execution) does not assist the tenant because it is covered by binding Court of Appeal authority (Yue Wan Estates Ltd.) that such clauses do not constitute a 'provision for earlier determination other than for breach' within s.121(2)(a). Clause 4(g) (destruction/uninhabitability/force majeure), however, is a provision that gives the landlord an absolute right to determine the lease upon the occurrence of the specified events and therefore is a 'provision for earlier determination of the same other than for breach' within the mea…
23 Dec 1976

DING KWEI TSOH AND ANOTHER v. YUE WAN ESTATES LTD

Citation

DING KWEI TSOH AND ANOTHER v. YUE WAN ESTATES LTD
Court

Court of Appeal
Case number

CACV36/1976

A proviso for re-entry triggered by the occurrence of a specified event is a condition subsequent, not a provision "for breach of any of the provisions of the agreement"; therefore Clause 4(a) did not exclude the tenancy from Part V and the appeal must be allowed.
30 Sept 1970

CHENG CHUN PANG v. CHENG TING TAT

Citation

CHENG CHUN PANG v. CHENG TING TAT
Court

District Court
Case number

DCCJ2574/1970

The prohibition on gambling was held to be a ordinary covenant rather than a condition subsequent; absent an express re-entry proviso and on the parties' intention at grant, the landlord could not automatically forfeit the tenancy and the claim was dismissed.

Hong Kong Case Law

LO YUK SUI v. FUBON BANK (HONG KONG) LTD formerly known as INTERNATIONAL BANK OF ASIA LTD

NG SHUNG WING, RAYMOND AND ANOTHER v. TAGGART INVESTMENT COMPANY LIMITED

JOSEPH EDWARD HOTUNG v. JIMMY\'S KITCHEN LTD

DING KWEI TSOH AND ANOTHER v. YUE WAN ESTATES LTD

CHENG CHUN PANG v. CHENG TING TAT