Hong Kong Case Law: Decisions & Judgments

Topic

License revocation

Legal area

Court

17 Aug 2022

LEE AH KEUNG AND ANOTHER v. 李國忠 transliterated as LEE KWOK CHUNG AND ANOTHER

Citation

[2022] HKDC 846
Court

District Court
Case number

DCMP2128/2018

The court found on the balance of probabilities that occupation of House A was with the permission of the paper owner (a bare licence) from its inception and that D1 failed to prove exclusive factual possession and the requisite intention to possess; D1’s central evidence was unreliable and fabricated, so adverse possession was not established and the plaintiffs’ claim for possession succeeds.
23 Jun 2010

AEGI CAPITAL LTD v. WAI SIK YIN FELICIA

Citation

AEGI CAPITAL LTD v. WAI SIK YIN FELICIA
Court

Court of First Instance
Case number

HCMP851/2009

Saunders J's findings in the family proceedings that the property belonged to the husband's parents and that the defendant had no proprietary interest, together with the defendant's own evidence and absence of any clear grant by the beneficial owner of a perpetual licence, meant the defendant's right to remain was terminated; the matter was therefore properly decided summarily under O.113 and possession ordered in favour of the plaintiff.
3 Apr 2007

CHAN WING YEE HOU ZI v. DIRECTOR OF AGRICULTURE, FISHERIES AND CONSERVATION

Citation

CHAN WING YEE HOU ZI v. DIRECTOR OF AGRICULTURE, FISHERIES AND CONSERVATION
Court

Court of First Instance
Case number

HCAL70/2006

The Director's revocation was lawfully exercised under s.8(a) because the credible inspection evidence established that no pigeons were being kept on the farm at the relevant times; the Director complied with departmental procedure and gave notice; the applicant failed to substantiate continued keeping or to show material unfairness or irrationality; accordingly the judicial review application must be refused.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV319/1998

The 1961 communications did not create proprietary rights or an irrevocable licence; residents remained licensees under occupation permits governed by the Resettlement Ordinance which permitted termination (reasonable/three months' notice); no unconscionable conduct or estoppel arose sufficient to defeat the statutory right to terminate; the notices to quit were valid and there was no basis in private law or judicial review to award damages to the appellants, therefore the appeals were dismissed.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV329/1998

The 1961 communications did not create proprietary rights or an irrevocable licence; residents held revocable occupation permits under the Resettlement Ordinance terminable on notice; there was no inducement or unconscionable conduct sufficient to found proprietary estoppel or entitlement to damages; the notices to quit were valid and the appeals must be dismissed.

Hong Kong Case Law

LEE AH KEUNG AND ANOTHER v. 李國忠 transliterated as LEE KWOK CHUNG AND ANOTHER

AEGI CAPITAL LTD v. WAI SIK YIN FELICIA

CHAN WING YEE HOU ZI v. DIRECTOR OF AGRICULTURE, FISHERIES AND CONSERVATION

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY