Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Government lease breach
  • 30 Apr 2026

    CHAN CHIK LAM AND ANOTHER v. UPJET LTD

    Citation
    [2026] HKDC 759
    Court
    District Court
    Case number
    DCCJ2464/2021

    The plaintiffs had factual possession and animus possidendi of the Lots as a whole at least since 2003 (gate, retaining walls, development into car‑repair depot, utilities and continuous use), satisfying the Limitation Ordinance 12‑year requirement; the illegality/public policy defence failed because the breaches (unauthorised building works and use inconsistent with Government Lease) did not engage public interest to a degree requiring denial of relief and there was no evidence of production of chemical waste causing pollution; accordingly possessory title was acquired and the defendant's re…