THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD 訴 THE OCCUPIERS OF THE GROUND FLOOR OF 1 QUEEN’S ROAD CENTRAL, HONG KONG AND OTHERS

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD 訴 THE OCCUPIERS OF THE GROUND FLOOR OF 1 QUEEN’S ROAD CENTRAL, HONG KONG AND OTHERS

The judge held that the plaintiff had title and possession and that the public (including the appellants) had only a right to use the property as a public pedestrian passage, which did not permit long‑term occupation or encampment; accordingly the registrar's possession order was upheld and the appellants'...

Source-derived case information.

Citation
THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD 訴 THE OCCUPIERS OF THE GROUND FLOOR OF 1 QUEEN’S ROAD CENTRAL, HONG KONG AND OTHERS
Parties
Plaintiff: THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED; First Defendant: THE OCCUPIERS OF THE GROUND (NAME UNKNOWN) FLOOR OF 1 QUEEN'S ROAD CENTRAL, HONG KONG; Second Defendant: WONG CHUNG HANG; Third Defendant: HO YIU SHING; Fourth Defendant: 梅啓明; Fifth Defendant: 覃美金
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 October 2012
Case Number
HCMP1271/2012
Procedural Posture
Possession / High Court Miscellaneous Proceedings / Interlocutory Appeal From Registrar's Order (appeal Against Possession Order)
Outcome
Appeal dismissed. Registrar's order granting possession to the plaintiff upheld. Counterclaims by fourth and fifth defendants dismissed. Costs ordered against fourth and fifth defendants (temporary costs order).
Legal Topics
Possession of Land, Public Right of Way, Interim Possession Order, Costs, Occupiers / Protest Encampment
Source Language
ch
Property Civil Procedure Possession of Land Public Right of Way Interim Possession Order Costs Occupiers / Protest Encampment

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Parties

THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED

Plaintiff

THE OCCUPIERS OF THE GROUND (NAME UNKNOWN) FLOOR OF 1 QUEEN'S ROAD CENTRAL, HONG KONG

First Defendant

WONG CHUNG HANG

Second Defendant

HO YIU SHING

Third Defendant

梅啓明

Fourth Defendant

覃美金

Fifth Defendant

Procedural Posture

Possession / High Court Miscellaneous Proceedings / Interlocutory Appeal From Registrar's Order (appeal Against Possession Order)

  1. 1 Whether the occupiers had any legal right to long‑term possession of the property used as a public pedestrian passage
  2. 2 Whether the plaintiff was entitled to recover possession of the property
  3. 3 Whether the fourth and fifth defendants' counterclaims for loss of protest items succeeded

Ratio Decidendi

The judge held that the plaintiff had title and possession and that the public (including the appellants) had only a right to use the property as a public pedestrian passage, which did not permit long‑term occupation or encampment; accordingly the registrar's possession order was upheld and the appellants' counterclaims failed because the disputed items could be retrieved from the plaintiff.

Court Disposition

Appeal dismissed. Registrar's order granting possession to the plaintiff upheld. Counterclaims by fourth and fifth defendants dismissed. Costs ordered against fourth and fifth defendants (temporary costs order).

Orders

  • Fourth and fifth defendants' appeal dismissed.
  • Registrar's order dated 13 August 2012 granting possession to the plaintiff is upheld.