Hong Kong Case Law: Decisions & Judgments

Topic

Repeal and transitional provisions

Legal area

Court

21 Jun 1974

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

Citation

HO KONG-PO v. YIU HOI LEUNG AND OTHERS
Court

District Court
Case number

DCCJ27/1974

Where a notice to quit given under the Repealed Part II has been challenged by service of a counter notice, and the notice expired before commencement of the New Part II, the Court has no jurisdiction to entertain an application under subsection (7) of s.54 of the Repealed Part II made after commencement of the New Part II; such applicants must commence proceedings by writ under the New Part II (s.53) and termination of tenancy in these circumstances requires a court order taking effect; s.23 Interpretation and General Clauses Ordinance does not preserve accrued termination rights where the r…
21 Jun 1974

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

Citation

HO KONG-PO v. YIU HOI LEUNG AND OTHERS
Court

District Court
Case number

DCCJ26/1974

Where a notice to quit given under the Repealed Part II has been challenged by service of a counter notice, and the notice expired before the New Part II commenced, the District Court has no jurisdiction to entertain an application made after commencement of the New Part II; the applicant must bring an action by writ under the New Part II and termination of the tenancies can only occur by court order under the New Part II; Section 23 saving does not preserve the right to terminate tenancies in these circumstances because the Amendment manifests a contrary intention.
21 Jun 1974

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

Citation

HO KONG-PO v. YIU HOI LEUNG AND OTHERS
Court

District Court
Case number

DCCJ24/1974

Where a notice to quit given under the Repealed Part II has been challenged by service of a counter notice and the notice expired prior to commencement of the New Part II, an application under s.54(7) of the Repealed Part II made after 15 December 1973 cannot be entertained by the District Court; the Amendment Ordinance and its definitions evidence a contrary legislative intention so the applicant must commence proceedings under the New Part II by writ and termination of tenancies in such cases occurs only by court order when that order takes effect.
21 Jun 1974

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

Citation

HO KONG-PO v. YIU HOI LEUNG AND OTHERS
Court

District Court
Case number

DCCJ29/1974

Where a notice to quit given under the Repealed Part II has been challenged by service of a counter-notice, and the notice to quit expired prior to commencement of the New Part II, the Court has no jurisdiction to entertain an application made after commencement of the New Part II under the repealed provisions; the applicant must bring an action by writ under the New Part II and termination of the tenancies will only occur if and when a court order under the New Part II takes effect.

Hong Kong Case Law

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

HO KONG-PO v. YIU HOI LEUNG AND OTHERS

HO KONG-PO v. YIU HOI LEUNG AND OTHERS