Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tribunal powers under section 119p
  • 23 Oct 1987

    TSUI AH FONG v. CHEUNG BIK HAR AND OTHERS

    Citation
    TSUI AH FONG v. CHEUNG BIK HAR AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDLA2431/1987

    The Tribunal found that (a) the defective CR 101 was waived by the applicant's conduct; (b) notwithstanding de facto occupation, the written sub-tenancy limited the demised premises and oral evidence could only partially explain the written document within narrow exceptions; (c) the Tribunal lacked statutory power to order a new tenancy immediately from the landlords absent the specified notice to landlords (CR107), evidence of landlord action to terminate the principal tenancy and/or consent of the principal tenant under s.119P; therefore the Tribunal must grant a new sub-tenancy (from the p…