Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction of leases

Legal area

Court

17 Dec 1986

RE KING\'S DYEING AND WEAVING FACTORY LIMITED

Citation

RE KING\'S DYEING AND WEAVING FACTORY LIMITED
Court

Court of First Instance
Case number

HCCW217/1986

Leave to commence the proposed action was granted because there are substantial disputed facts and complex legal issues (construction of lease, validity/effect of surrender and assignment) that require full proceedings; leave granted on applicant's undertaking not to enforce any judgment without further leave of the court.
19 May 1981

HOP LUEN ENTERPRISES LTD v. ATTORNEY GENERAL

Citation

HOP LUEN ENTERPRISES LTD v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCA3259/1978

The second covenant must be read as a continuing restriction during the currency of the lease forbidding any building on the premises other than the specified types; internal structural alterations that would change the character of the building (for example converting four triplex flats into twelve separate flats) are prohibited as creating a building outside the permitted description. The lease's user restrictions beyond the listed obnoxious trades are governed by the first covenant; the second covenant does not by its terms impose additional user prohibitions.