Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Licence and permission

  • 5 May 2017

    POON CHI HANG v. LAI HO SUN

    Citation
    POON CHI HANG v. LAI HO SUN
    Court
    Court of First Instance
    Case number
    HCMP1020/2013

    The plaintiff failed to prove the requisite animus possidendi because his acts (changing locks, paying maintenance and management) were equivocal and consistent with occupation under permission; occupation by the Poon family derived from an unchallenged permission from Lai Senior adopted by the defendant so was not adverse; accordingly the plaintiff's claim for possessory title fails and the defendant's counterclaim for vacant possession succeeds, with no award of mesne profits.

  • 18 Feb 2011

    YU KIT CHIU AND OTHERS v. CHAN SHEK WOO (陳錫湖) t/a “陳潮昌士多”

    Citation
    YU KIT CHIU AND OTHERS v. CHAN SHEK WOO (陳錫湖)<br>t/a “陳潮昌士多”
    Court
    Court of Appeal
    Case number
    CACV137/2010

    Although defendant had factual possession from the 1960s, he failed to prove the requisite intention to possess to the exclusion of the registered owner because his 1970 signing of the Modification of Tenancy 'on behalf of registered land owner', his continued payment of permit/STW fees and the plaintiffs' involvement and consent in the 1985/86 STW demonstrated occupation with the owner's consent or on the owner's behalf; therefore adverse possession was not established and plaintiffs' claim for possession and mesne profits succeeds.