Hong Kong Case Law: Decisions & Judgments

Topic

Limitation period (12 years)

Legal area

Court

7 Dec 2020

FUNG YAU LIN AND OTHERS v. TANG PING KUEN AND OTHERS

Citation

[2020] HKDC 1133
Court

District Court
Case number

DCCJ1005/2017

Leave to appeal denied because (1) defendants had conceded at trial that HC Action material could not be relied on and the judge could not fairly depart from that concession without hearing the plaintiffs; (2) both experts agreed no detectable fence existed before 2013 and survey sheets corroborated that, undermining the defendants' fencing evidence; and (3) the defendants failed to discharge the high evidential burden required to establish adverse possession since 2005 and the trial judge's credibility findings were not plainly wrong.
9 May 2018

CHEUNG KWAN YIN AND ANOTHER v. SANTA FONG CO LTD

Citation

[2018] HKDC 492
Court

District Court
Case number

DCCJ1547/2014

The plaintiffs failed to prove on the balance of probabilities, by compelling and credible evidence, continuous and exclusive factual possession and the requisite animus possidendi over Lots 482 and 520 for any continuous 12-year period; the plaintiffs’ oral evidence was found to be dishonest and unreliable, the aerial photo and expert evidence did not establish plantation by plaintiffs for the statutory period, and therefore the adverse possession claim is dismissed and the defendant retains title and is entitled to possession.
30 Jun 2015

黃坤平對張素芬

Citation

黃坤平對張素芬
Court

Court of First Instance
Case number

HCA1716/2011

On the balance of probabilities the plaintiff failed to prove continuous and uninterrupted adverse possession for the required 12 years because material interruptions and periods of non‑use are shown by maps, correspondence, electricity records and witness evidence (notably interruptions around 2004–2006, 2007–2008 and 2010–2011); consequently plaintiff did not acquire title by adverse possession and his claim is dismissed.
18 May 2015

CHEUNG CHI KUI v. LI SIU KWONG

Citation

CHEUNG CHI KUI v. LI SIU KWONG
Court

Court of First Instance
Case number

HCMP2990/2014

On the unchallenged evidence the plaintiff established both factual possession and the necessary intention to possess for a continuous period exceeding 12 years before commencement of proceedings; service was valid and the defendant had notice; therefore under section 17 Limitation Ordinance the defendant's paper title was extinguished and the plaintiff acquired a possessory title to the property.

Hong Kong Case Law

FUNG YAU LIN AND OTHERS v. TANG PING KUEN AND OTHERS

CHEUNG KWAN YIN AND ANOTHER v. SANTA FONG CO LTD

黃坤平 對 張素芬

CHEUNG CHI KUI v. LI SIU KWONG

黃坤平對張素芬