Chan Ng Shi v Tsui King Fung

Court:District Court (Hong Kong)
Judgement Number:DCMP54/1946
Judgment Date:13 Feb 1947
DCMP000054/1946 CHAN NG SHI v. TSUI KING FUNG

DCMP000054/1946

IN THE SUPREME COURT OF HONG KONG

SUMMARY JURISDICTION

TENANCY TRIBUNAL APPEAL

ACTION No. 54 of 1946

(Application No. K 447)

BETWEEN
Chan Ng Shi Appellant
(Applicant)

AND

Tsui King Fung Respendent
Oppenent

Coram: Mr Justice E.H. Williams

Date of Judgment: 13 February 1947

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JUDGMENT

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The facts of this case are not in dispute. The main ground of appeal is that the Tribunal, when refusing the application by its statement in the Finding 'There is no hardship on the applicant', had erred in law as no question of hardship arises under the provisions of the relevant Article in the proclamation.

2. Before the Tribunal makes an order for eviction under Article 5, para. 1, A(i) it must be satisfied that the landlord requires the premises for himself ..... or any son or daughter over 18 years old and that no other suitable accommodation is available for such landlord .......... or the son or daughter over 18. In addition, it must find that the usual notice to quit has been given.

3. Owing to the crowded conditions of living in the Colony and the difficulty of obtaining other accommodation, it is inevitable that the tenant will plead hardship, as he pleaded here, if he is evicted - the landlord may also plead hardship. This question of hardship is of great importance under the English Acts, as it is a factor which has ...(illegible) to be taken into consideration. Under the Acts also, another factor has to be considered, namely, whether the Court considers it reasonable to make such order.

4. Under the Proclamation, the Tribunal has to make the order if conditions mentioned in paragraph 2 supra are fulfilled. Though the wording reads 'the Tribunal may make the order etc', but I agree with and follow previous decisions of this Court that here 'may' is not discretionary but is directory. If the above-mentioned conditions are found by the Tribunal to held, then however great the hardship on the tenant; however unreasonable it may be to make the order e.g., if the tenant or other occupant is dangerously ill and removal might cause death, the Tribunal must grant the eviction order. It can only stave off the evil day for a period of 30 days. The position of a tenant in the Colony is therefore considerably less favourable than it is...

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