Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 53(2)(c)
  • 19 Dec 1980

    UY SIOK HUI AND OTHERS v. THE WING ON FIRE AND MARINE INSURANCE CO LTD

    Citation
    UY SIOK HUI AND OTHERS v. THE WING ON FIRE AND MARINE INSURANCE CO LTD
    Court
    Court of Appeal
    Case number
    CACV85/1980

    The Court held that payment of key money to the immediate tenant conferred protection under s.117 only as between the sub-tenant and that immediate landlord; that status did not exclude the sub-tenancy from Part II for the purposes of proceedings brought by the head-landlord under s.53(2)(c); accordingly the head-landlord could obtain possession of the premises subject of the head-tenancy against the sub-tenant; s.53(5) and (6) did not transfer s.117 protection against the head-landlord; the trial judge's findings on intention to rebuild and costs were not interfered with.