Hong Kong Case Law: Decisions & Judgments

Topic

Limitation ordinance ss7 and 17

Legal area

Court

13 Feb 2026

CISSIE SUEN MIU LING, also known as SUEN MIU LING CISSIE v. KONG YUEN LING AND ANOTHER

Citation

[2026] HKDC 264
Court

District Court
Case number

DCCJ35/2023

The 2nd defendant proved continuous factual possession and the requisite intention to possess the property from September 2004 by exclusive acts of control (changing locks, paying rates, paying substantial renovations and outgoings and changing the registered rates payer); the plaintiff failed to prove an oral tenancy from late 2004; accordingly the plaintiff's claim against the 2nd defendant was time‑barred and the 2nd defendant acquired possessory rights under the Limitation Ordinance ss7 and 17.
19 Nov 2024

KONG YUK CHUEN v. CHEUNG SHAU PO AND OTHERS

Citation

[2024] HKDC 1901
Court

District Court
Case number

DCCJ2934/2022

The court accepted uncontested witness evidence, aerial photographs and expert surveyor evidence to find the Plaintiff had, by his and his predecessors' exclusive physical control and acts demonstrating animus possidendi, possessed each of the four lots for the relevant period up to at least 19 January 2006 and immediately prior to commencement on 19 January 2018; accordingly the Defendants' paper titles were extinguished under Limitation Ordinance ss7 and 17 and the Plaintiff obtained a possessory title immediately prior to commencement of proceedings.
4 Apr 2023

WORKWISE CORPORATION v. THE OCCUPIER(S) of Lot No 250, Section A of Lot No 251, Sub-Section 2 and Sub-Section 3 of Section B of Lot No 251, The Remaining Portion of Section B of Lot No 251, The Remaining Portion of Lot No 265 and Lot No 266 all in Demarcation District No 111, Yuen Long, New Territories, Hong Kong AND ANOTHER

Citation

[2023] HKDC 447
Court

District Court
Case number

DCMP1067/2018

The court found on the balance of probabilities that the Possessed Area was completely enclosed by fences and a gate from at least 1980 and continuously from 1996; experts corroborated linear features in aerial photographs and the Survey Sheets were unreliable for fence existence. The occupiers (respondent's father and then respondent) demonstrated animus possidendi and sufficient exclusive possession and control since 1996 for the 12‑year limitation period. Therefore title of the plaintiff to the Disputed Land was extinguished under the Limitation Ordinance and respondent acquired an indefea…
30 Nov 2018

THE INCORPORATED OWNERS OF KAM LUK BUILDING v. POON MUI SANG AND OTHERS

Citation

[2018] HKDC 1493
Court

District Court
Case number

DCCJ1649/2016

Applying binding authorities, the court held that adverse possession of common parts is not precluded as a matter of law; on the facts D1 established continuous exclusive possession of Staircase 75 since 1973 with requisite acts of ownership and thus acquired possessory title extinguishing plaintiff's rights under the Limitation Ordinance; although D4's family occupied Staircase 81 historically, D4 personally only took exclusive possession from about 2006 and so did not meet statutory periods; independently, plaintiff and predecessors acquiesced in long‑standing occupation such that equitable…
9 Apr 2001

LAU SIU KWONG DAVID AND OTHERS v. THE PERSONAL REPRESENTATIVES OF LEE ON YUEN, DECEASED

Citation

LAU SIU KWONG DAVID AND OTHERS v. THE PERSONAL REPRESENTATIVES OF LEE ON YUEN, DECEASED
Court

Court of First Instance
Case number

HCA10001/2000

The licence to occupy terminated on the owner's death in 1966; subsequent uninterrupted adverse possession by the licensee and those claiming through him for more than 20 years barred any action to recover possession under s7(2) and extinguished the deceased's title under s17 of the Limitation Ordinance; accordingly plaintiffs are entitled to declarations that the estate has lost the right to recover and that the deceased's title has been extinguished, but plaintiffs cannot assert a better possessory title than their father absent evidence of dispossession and the court will not order vacatio…

Hong Kong Case Law

CISSIE SUEN MIU LING, also known as SUEN MIU LING CISSIE v. KONG YUEN LING AND ANOTHER

KONG YUK CHUEN v. CHEUNG SHAU PO AND OTHERS

THE INCORPORATED OWNERS OF KAM LUK BUILDING v. POON MUI SANG AND OTHERS

LAU SIU KWONG DAVID AND OTHERS v. THE PERSONAL REPRESENTATIVES OF LEE ON YUEN, DECEASED