TANG CHOW FAT AND OTHERS v. MAN YUK SHAM

TANG CHOW FAT AND OTHERS v. MAN YUK SHAM

Given continuous family possession of the lands since circa 1905, the absence of any payment, repayment, acknowledgement or claim in respect of the historic mortgages, and having applied the Limitation Ordinance and relevant authority (Fung Kam Cheung), the court declares the mortgages recorded in the Block Crown Lease incapable of subsistence or otherwise unenforceable; substituted service was sufficient where ordered and relied upon.

Citation
TANG CHOW FAT AND OTHERS v. MAN YUK SHAM
Parties
1st Plaintiff: Tang Chow Fat; 2nd Plaintiff: Tang She Heung; 3rd Plaintiff: Tang Wai Kwok; 4th Plaintiff: Tang Kwok Wo; 5th Plaintiff: Tang Kwok Shing; 1st Defendant (hcmp 6404/1999): Chan Shan; 2nd Defendant (hcmp 6404/1999): Chan Mun; Defendant (hcmp 6405/1999): Man Yuk Sham; Defendant (hcmp 6406/1999): Hop Sheng Tong; Defendant (hcmp 6407/1999): Kwong Weng Lung Shop; Defendant (hcmp 6408/1999): Lei Tsoi Wan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2000
Case Number
HCMP6405/1999
Procedural Posture
Miscellaneous Proceedings / Judgment
Outcome
Declarations granted that the subject mortgages are incapable of subsistence or otherwise unenforceable by operation of the Limitation Ordinance; substituted service validated where applied.
Legal Topics
Mortgage, Enforceability, Prescription, Substituted Service
Source Language
EN
Property Law Limitation Law Mortgage Enforceability Prescription Substituted Service

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Tang Chow Fat

1st Plaintiff

Tang She Heung

2nd Plaintiff

Tang Wai Kwok

3rd Plaintiff

Tang Kwok Wo

4th Plaintiff

Tang Kwok Shing

5th Plaintiff

Chan Shan

1st Defendant (hcmp 6404/1999)

Chan Mun

2nd Defendant (hcmp 6404/1999)

Man Yuk Sham

Defendant (hcmp 6405/1999)

Hop Sheng Tong

Defendant (hcmp 6406/1999)

Kwong Weng Lung Shop

Defendant (hcmp 6407/1999)

Lei Tsoi Wan

Defendant (hcmp 6408/1999)

Procedural Posture

Miscellaneous Proceedings / Judgment

Legal Issues

  1. 1 Whether mortgages recorded before 18 March 1905 remain enforceable under the Limitation Ordinance
  2. 2 Whether continuous family possession and absence of acknowledgement/payment extinguishes or bars mortgage rights
  3. 3 Whether substituted service and identification efforts on non‑traditional entities (tong, shop) were sufficient

Ratio Decidendi

Given continuous family possession of the lands since circa 1905, the absence of any payment, repayment, acknowledgement or claim in respect of the historic mortgages, and having applied the Limitation Ordinance and relevant authority (Fung Kam Cheung), the court declares the mortgages recorded in the Block Crown Lease incapable of subsistence or otherwise unenforceable; substituted service was sufficient where ordered and relied upon.

Court Disposition

Declarations granted that the subject mortgages are incapable of subsistence or otherwise unenforceable by operation of the Limitation Ordinance; substituted service validated where applied.

Orders

  • Declare that the mortgage affecting Lots 543, 799 and 1525 in D.D. 326 (HCMP 6404/1999) is incapable of subsistence or otherwise unenforceable.
  • Declare that the mortgage affecting Lots 1028 and 1048 in D.D. 328 (HCMP 6405/1999) is incapable of subsistence or otherwise unenforceable.