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Hong Kong Case Law

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Property law [2024] HKDC 1412

POON OI YIN FLORENCE v. WONG KWAN AND OTHERS

The District Court held that the plaintiff proved adverse possession of the property, so the defendants’ titles were extinguished under section 17 of the Limitation Ordinance.

  • Adverse possession
  • Limitation ordinance s17 extinguishment
  • Trusts (beneficial interests)
  • Possessory title
  • Substituted service
  • Adverse-possession
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Property law [2020] HKDC 196

THE INCORPORATED OWNERS OF KAM LUK BUILDING v. 吳靜燕

The District Court held that the defendant had acquired adverse possession of a common staircase area in Kam Luk Building, dismissing the owners’ claim.

  • Adverse possession
  • Acquiescence
  • Waiver
  • Laches
  • Estoppel
  • Mesne profits
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Trusts THE INCORPORATED OWNERS OF SAN PO KONG MANSION 對 WONG BIT TAT 及另三人

THE INCORPORATED OWNERS OF SAN PO KONG MANSION 對 WONG BIT TAT 及另三人

The court rejected defendants' versions of the 29 Jan 2000 and 6 Dec 2008 minutes as forged and held there was no valid owners' meeting approval for committee allowances; D1, D2 and D4 were fiduciaries/trustees for the corporation and liable to repay the unauthorised committee allowances and specified unauthorised expenses; most long‑distance telephone charges of D1 were private and repayable; D3 was not a committee member or fiduciary and had rendered secretary services so the claim against D3 was dismissed; Limitation Ordinance s20(1)(b) preserves claims against trustees and the claims agai…

  • Breach of trust
  • Misappropriation
  • Committee allowances
  • Telephone allowances
  • Authenticity of meeting minutes
  • Evidence credibility
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Medical negligence 彭少娟(彭祖添的遺產管理人) 對 醫院管理局/威爾斯親王醫院

彭少娟(彭祖添的遺產管理人) 對 醫院管理局/威爾斯親王醫院

Claim dismissed and action struck out because the claimant delayed approximately 12 years and failed to produce expert evidence that satisfies the Bolam standard and the causation test, leaving no basis for the court to exercise its discretionary power under s30 to extend time.

  • Bolam test
  • Causation
  • Discretion under limitation ordinance s30
  • Expert evidence
  • Strike out/dismissal
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Property law UNIVERSAL CORPORATION (COLOR & CHEMICAL) LTD v. THE PERSONAL REPRESENTATIVES OF LEUNG SHU MING also known as LEUNG SHU MING, DECEASED

UNIVERSAL CORPORATION (COLOR & CHEMICAL) LTD v. THE PERSONAL REPRESENTATIVES OF LEUNG SHU MING also known as LEUNG SHU MING, DECEASED

The Court of First Instance granted a declaration of adverse possession, finding the plaintiff had occupied the property exclusively for over 20 years after an oral tenancy ended.

  • Adverse possession
  • Possessory title
  • Limitation ordinance (cap. 347)
  • Tenancy determination
  • Adverse-possession
  • Limitation-ordinance
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Maritime law YIP KAM AND ANOTHER v. ZHONGSHAN FOODSTUFFS & AQUATIC IMPORT & EXPORT GROUP CO LTD OF GUANGDONG AND ANOTHER

YIP KAM AND ANOTHER v. ZHONGSHAN FOODSTUFFS & AQUATIC IMPORT & EXPORT GROUP CO LTD OF GUANGDONG AND ANOTHER

The Court of First Instance refused to extend time under the Merchant Shipping Ordinance, holding that no good reason was shown for the late writ.

  • Statute of limitations
  • Extension of limitation
  • Collision at sea
  • Wrongful death
  • Limitation defence
  • Statute-of-limitations
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Property LI YAU KEE WAN v. CHEUNG SING MAN

LI YAU KEE WAN v. CHEUNG SING MAN

Summary judgment was entered for the plaintiff in an adverse possession and trespass dispute over land in Tsuen Wan. The court held the defendant’s title was extinguished.

  • Adverse possession
  • Possessory title
  • Declaration
  • Trespass
  • Limitation ordinance ss17 and 7(2)
  • Adverse-possession
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Property TSE CHOI WING AND ANOTHER v. CHAN YAN WING

TSE CHOI WING AND ANOTHER v. CHAN YAN WING

The court granted declarations that two old mortgages were unenforceable under section 19 of the Limitation Ordinance, after finding the lots had been unoccupied since at least 1989.

  • Mortgage
  • Limitation ordinance s19
  • Declaratory relief
  • Possession
  • Land registration
  • Limitation-period
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Land law Ease Gold Development Ltd. v. Secretary for Transport

Ease Gold Development Ltd. v. Secretary for Transport

The Lands Tribunal held that an amended compensation claim was served out of time and barred under section 28(1), with no estoppel or valid extension application established.

  • Time bar
  • Extension of time
  • Estoppel
  • Assignment of claim
  • Compensation for temporary occupation
  • Time-bar
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Immigration law HKSAR v. LI LI MUA

HKSAR v. LI LI MUA

The Court of Final Appeal held that overstaying under the Immigration Ordinance is a continuing offence and the prosecution was not time-barred.

  • Overstaying
  • Continuing offence
  • Time-bar limitation
  • Statutory interpretation of s.46 immigration ordinance
  • Sentence variation
  • Continuing-offence
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.