Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation by prescription
  • 5 Sept 2000

    LEUNG KAI CHUNG AND OTHERS v. TSE FO SHAU

    Citation
    LEUNG KAI CHUNG AND OTHERS v. TSE FO SHAU
    Court
    Court of First Instance
    Case number
    HCMP4207/1998

    Because the plaintiffs proved continuous undisturbed possession for more than 20 years, the mortgages were only noted in the Block Crown Lease schedule with no identifiable mortgagee, and proper advertisement and substituted service had been effected, section 19 of the Limitation Ordinance extinguished the mortgages or rendered them incapable of taking effect; accordingly declarations were granted following the precedent of Fung Kam Cheung.