HO MAN LAP v. HO KING KIU AND OTHERS

HO MAN LAP v. HO KING KIU AND OTHERS

The court held that a claimant of an interest arising after the making of the possession order (Chan) could not be joined under O.15 r.6 or r.10 to resist enforcement; notwithstanding that, the court exercised its power to give directions to facilitate enforcement of its possession order because obstruction by defendants and third parties prevented execution; directions authorized plaintiff and bailiff to enter specified parts of the Store to gain access to the Lot, remove barriers, request police assistance, and permitted police to arrest persons reasonably suspected of obstructing enforcement; costs nisi against defendants was ordered for the application.

Citation
HO MAN LAP v. HO KING KIU AND OTHERS
Parties
Plaintiff: HO MAN LAP; 1st Defendant: HO KING KIU; 2nd Defendant: ALL OCCUPIERS OF THE REMAINING PORTION OF LOT NO. 198 IN DEMARCATION DISTRICT NO. 74, NEW TERRITORIES, H.K.; 3rd Defendant: CHOI SUI CHEUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 February 2016
Case Number
DCMP377/2010
Procedural Posture
Possession of Land; Enforcement of Judgment / Post Judgment Enforcement Directions Hearing
Outcome
Direction application granted in part; non-party Chan not joined; directions issued to facilitate enforcement; costs nisi against defendants
Legal Topics
Possession, Encroachment, Enforcement of Judgment, Joinder of Parties, Bailiff Powers, Police Assistance, Adverse Possession, Tenancy
Source Language
EN
Property Law Civil Procedure Enforcement Criminal Contempt Possession Encroachment Enforcement of Judgment Joinder of Parties +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HO MAN LAP

Plaintiff

HO KING KIU

1st Defendant

ALL OCCUPIERS OF THE REMAINING PORTION OF LOT NO. 198 IN DEMARCATION DISTRICT NO. 74, NEW TERRITORIES, H.K.

2nd Defendant

CHOI SUI CHEUNG

3rd Defendant

Procedural Posture

Possession of Land; Enforcement of Judgment / Post Judgment Enforcement Directions Hearing

Legal Issues

  1. 1 Whether a non-party who claims an interest arising after the judgment can be joined or heard to resist enforcement
  2. 2 Whether the court may grant directions authorizing bailiffs to remove obstructions and request police assistance to enforce an order for possession
  3. 3 Whether occupation of government land by third parties may lawfully obstruct enforcement of a court order for possession

Ratio Decidendi

The court held that a claimant of an interest arising after the making of the possession order (Chan) could not be joined under O.15 r.6 or r.10 to resist enforcement; notwithstanding that, the court exercised its power to give directions to facilitate enforcement of its possession order because obstruction by defendants and third parties prevented execution; directions authorized plaintiff and bailiff to enter specified parts of the Store to gain access to the Lot, remove barriers, request police assistance, and permitted police to arrest persons reasonably suspected of obstructing enforcement; costs nisi against defendants was ordered for the application.

Court Disposition

Direction application granted in part; non-party Chan not joined; directions issued to facilitate enforcement; costs nisi against defendants

Orders

  • No leave required for Chan to file affidavit; no order on that filing
  • As necessary to enforce the judgment and writ the plaintiff and his agents and the bailiff may enter the front part of the Store and/or the passages on either side of the Store as shown in the Plan