Hong Kong Case Law: Decisions & Judgments

Topic

Protected tenant status

Legal area

Court

11 Aug 1983

WASHINGTON INTERNATIONAL LTD v. WONG MEE CHING AND ANOTHER

Citation

WASHINGTON INTERNATIONAL LTD v. WONG MEE CHING AND ANOTHER
Court

Court of First Instance
Case number

HCMP1256/1983

The mortgagee must be treated as a person claiming through and standing in the shoes of the owner/landlord and therefore is bound by the Landlord and Tenant Ordinance; consequently the occupier who had acquired protected tenant status could not be dispossessed by the mortgagee in this application, and the application against the 2nd defendant was dismissed.
30 Apr 1981

HO KEE CHUN v. YEUNG CHONG KIN

Citation

HO KEE CHUN v. YEUNG CHONG KIN
Court

Court of First Instance
Case number

HCA2282/1980

On the balance of probabilities the domestic use of the rear portion was more important; the defendant and family’s credible evidence rebutted the prima facie effect of the rating certificates; therefore the primary user is domestic and the defendant is a protected tenant, so possession is refused.
27 Feb 1981

CHENG SHUK YIN v. LEE CHOR NAM

Citation

CHENG SHUK YIN v. LEE CHOR NAM
Court

District Court
Case number

DCCJ3760/1980

On the balance of probabilities the premises were let for business/non-domestic use; clause 8 combined with the landlord's credible evidence and the occupation permit outweighed the defendant's evidence and the Rating & Valuation certificate (which only evidences user on inspection); accordingly Part II of Cap.7 did not apply, the plaintiff was entitled to possession and the defendant's counterclaim failed.

Hong Kong Case Law

WASHINGTON INTERNATIONAL LTD v. WONG MEE CHING AND ANOTHER

HO KEE CHUN v. YEUNG CHONG KIN

CHENG SHUK YIN v. LEE CHOR NAM