Hong Kong Case Law: Decisions & Judgments

Topic

Limitation ordinance ss 7 and 17

Legal area

Court

24 Mar 2026

TAI KANG YING v. THE PERSONAL REPRESENTATIVE OF LESLIE FREDERICK CHARLES GUYATT, DECEASED

Citation

[2026] HKDC 482
Court

District Court
Case number

DCCJ3019/2024

The court refused to grant the declaratory relief sought by default judgment because the pleaded facts were insufficient to establish adverse possession and the requisite intention to possess; declarations of title based on unproven allegations in default of defence are inappropriate where factual issues (tenancy, actual occupation, acknowledgements, possible heirs) require investigation at trial. Procedural concerns about service and representation of the deceased's estate further counsel against entering declaratory judgment on the pleadings alone.
23 Apr 2018

SIU PAK MING v. PONG HEI MAN AND ANOTHER

Citation

[2018] HKCFI 914
Court

Court of First Instance
Case number

HCA314/2018

The summons was dismissed because the plaintiff failed to prove proper service of the writ and the application was premature as the defendants' time to file a defence had not expired; accordingly declaratory relief by default judgment was refused.
8 Jun 2016

KAM SHAN MING DEVELOPMENT ENGINEERING LTD v. CHAN CHUNG CHAU AND OTHERS

Citation

KAM SHAN MING DEVELOPMENT ENGINEERING LTD v. CHAN CHUNG CHAU AND OTHERS
Court

District Court
Case number

DCMP746/2013

On the evidence the Family established factual possession and animus possidendi of Lots CD from 1977 to at least 1997 such that the registered owner's title was extinguished by limitation in 1997; the 2004 Tenancy Agreement and any subsequent rent payments do not revive or negate the prior adverse possession; the Family failed to prove factual possession or requisite intention in relation to Lots AB and the Company, as registered owner, is entitled to recover vacant possession and mesne profits for AB.
5 Aug 2014

TO WAI SING v. TO HUNG TAI AND ANOTHER

Citation

TO WAI SING v. TO HUNG TAI AND ANOTHER
Court

Court of Appeal
Case number

CACV48/2014

The appeal was dismissed because the trial judge correctly found there was no exclusive possession or requisite intent by the 1st defendant to establish adverse possession; the 1974 licence was revocable and terminated on devolution of title (1982); the factual findings about residence and credibility were open to the judge and not plainly wrong; refusal of site inspection and refusal to admit new photographs on appeal were proper.

Hong Kong Case Law

TAI KANG YING v. THE PERSONAL REPRESENTATIVE OF LESLIE FREDERICK CHARLES GUYATT, DECEASED

SIU PAK MING v. PONG HEI MAN AND ANOTHER

KAM SHAN MING DEVELOPMENT ENGINEERING LTD v. CHAN CHUNG CHAU AND OTHERS

TO WAI SING v. TO HUNG TAI AND ANOTHER