Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory protection

  • 2 Apr 1984

    LEE YUK LIN v. LOK SUI WING AND ANOTHER

    Citation
    LEE YUK LIN v. LOK SUI WING AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV4/1984

    The Court held the defendants were entitled to the protection of the statutory tenancy regime; accordingly the 1979 written agreement and clause 2(j) could not defeat the statutory incidents of the protected tenancy and the plaintiff's claim for possession on that basis was misconceived — appeal allowed.

  • 15 Mar 1974

    LEUNG HOK-SHING v. LEE MANG-TONG AND ANOTHER

    Citation
    LEUNG HOK-SHING v. LEE MANG-TONG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA817/1973

    Because the plaintiff's attorney became aware of the sub-lease by about July 1972 and acted in a manner amounting to waiver (continued acceptance of rent and failure to re-enter), the landlord could not rely on the writ issued in March to terminate the head lease as against the sub-tenant; the purported sub-lease only operated as an assignment until 31 December 1971 and the subsequent lease to the 1st defendant stood, and statutory protections enacted in 1973 entitled the 2nd defendant to protection so the plaintiff's claim against him fails.