Lee Wai Har v Paul Cm Tsang

Court:District Court (Hong Kong)
Judgement Number:DCCJ2583/1970
Judgment Date:23 Sep 1970
DCCJ002583/1970 LEE WAI HAR v. PAUL CM TSANG

DCCJ002583/1970

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

ACTION NO. 2583 OF 1970

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Between
LEE WAI HAR Plaintiff
AND
PAUL C.M. TSANG Defendant

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Coram: Cons, District Judge

Date of Judgment: 23 September 1970

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JUDGMENT

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1. The landlord in this case is a married man with a wife, two children aged 10 and 8 years and a baby of 10 months. Strictly speaking it is his wife who is the registered owner of the premises in question but as only the husband gave evidence before me it will be more convenient to refer to him as "the landlord". The premises he presently occupies together with his wife and family are tied to his employment as an Inspector of the Star Ferry Company Limited. He now wishes to seek other employment, with the natural result that if successful he will immediately lose his present living accommodation. His decision is prompted by the lack of future prospects offered by his present job, now limited, by his having been passed over for promotion, to an annual increment of $30 upon a net monthly salary of $1,704. He would not seem to face any difficulties in finding other suitable employment.

2. The landlord also finds the premises in question more desirable in that although the overall size is possibly little different from that of the flat supplied by his company it is more conveniently divided into one living and three bedrooms, whereas the company flat has a living but only one bedroom. More importantly his children are plagued with recurrent respiratory infection from the atmospheric pollution in the area in which it is located.

3. The tenant is also married with a wife and two children. In addition there live with him his mother, his mother-in-law, two unmarried elder sisters and a ten-year-old niece. His salary is $1210 per month. I do not know the amount of his domestic expenses or of the contributions thereto made by his unmarried sisters. It was suggested that he or those living with him owned considerable real estate in this Colony, but in the absence of the landlord's wife, who was apparently the ultimate source of this information, I am satisfied that it is not true. The tenant can find suitable and similar accommodation elsewhere at an extra cost of $300 per month upwards.

4. The...

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