Hong Kong Case Law: Decisions & Judgments

Topic

Modification of tenancy (mot)

Legal area

Court

10 Oct 2023

CORONA LAND COMPANY LTD v. PERSONS IN OCCUPATION OF LOT NOS. 3906, 3907 AND SECTION A OF LOT NO. 3908 ALL IN D.D. 51, NORTH, NEW TERRITORIES, HONG KONG AND ANOTHER

Citation

[2023] HKDC 1333
Court

District Court
Case number

DCCJ2451/2015

The court held that the 2nd defendant established adverse possession in respect of limited built structures on Lot 3906 (H1, TS1 and the Shed) from 1980, but failed to prove animus possidendi for H2 because continual payment and renewal of the MOT manifested occupation by permission; the 2nd defendant failed to show exclusive, continuous possession of the open areas of Lot 3906 and of Lots 3907 and 3908A for the requisite periods, and the July 2013 fax messages evidenced a willingness to pay rent which negated an intention to possess those lots adversely. Accordingly possession is granted to…
27 Sept 2021

LI KWOK FUNG v. CHIU SHUN CHEONG Administrator of the estate of Madam Hung Sau King, deceased AND ANOTHER

Citation

[2021] HKDC 1226
Court

District Court
Case number

DCMP3168/2008

On the evidence the court found continuous exclusive factual possession and animus possidendi by the deceased from the early 1960s and by the plaintiff thereafter, the MOT did not amount to an acknowledgement defeating adverse possession, there was no reliable evidence of rent paid to the paper owner, and accordingly the defendant's title was extinguished under the Limitation Ordinance so the plaintiff acquired a possessory title.
27 Sept 2021

CHIU SHUN CHEONG v. LI KWOK FUNG

Citation

[2021] HKDC 1226
Court

District Court
Case number

DCCJ535/2017

Court found on the facts that Madam Hung and thereafter the plaintiff had continuous factual possession and the requisite intention to possess the Land from the 1960s; the MOT did not amount to an acknowledgement that defeated animus possidendi or interrupt the limitation period such as to prevent extinguishment; as a result the defendant's and predecessors' paper title was extinguished under Limitation Ordinance ss7,17 and 38A and the plaintiff acquired a possessory title and exclusive rights to the Land.
3 Jan 2017

LEE SIU FONG v. WONG WAN LEUNG AND OTHERS

Citation

LEE SIU FONG v. WONG WAN LEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA122/2012

The Plaintiff's claim was dismissed: he failed to prove adverse possession because (1) occupation was under a licence/Modification of Tenancy and conduct (payment of fees, seeking consent, squatter registration) negated the requisite animus possidendi; (2) as against the Tong the limitation period has not run against all beneficiaries of the tong so title could not be extinguished; and (3) Lot 307 remained Government land subject to a 60‑year limitation so adverse possession against the Government had not matured; the Government's counterclaim for possession of occupied parts of Lot 307 succe…

Hong Kong Case Law

CORONA LAND COMPANY LTD v. PERSONS IN OCCUPATION OF LOT NOS. 3906, 3907 AND SECTION A OF LOT NO. 3908 ALL IN D.D. 51, NORTH, NEW TERRITORIES, HONG KONG AND ANOTHER

LI KWOK FUNG v. CHIU SHUN CHEONG Administrator of the estate of Madam Hung Sau King, deceased AND ANOTHER

CHIU SHUN CHEONG v. LI KWOK FUNG

LEE SIU FONG v. WONG WAN LEUNG AND OTHERS