Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hereditary tong membership
  • 30 Sept 2014

    TSANG KWONG KUEN v. HAU WAI KEUNG GAIUS AND OTHERS

    Citation
    TSANG KWONG KUEN v. HAU WAI KEUNG GAIUS AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV1/2014

    Appeal dismissed: judge correctly held that (1) the defendants established the Tong was hereditary and produced uncontradicted evidence of members, such that at least one member remained within the limitation period so the plaintiff could not extinguish the Tong's title under Leung Kuen Fai; and (2) the plaintiff failed to discharge the burden of proving the requisite period of adverse possession (the judge's adverse credibility findings and acceptance of defence evidence were lawful and supported dismissal).