Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

New territories (renewable crown leases) ordinance cap.152

  • 30 Oct 1995

    TAM MO YIN and Another v. ATTORNEY GENERAL and Others

    Citation
    TAM MO YIN and Another v. ATTORNEY GENERAL and Others
    Court
    Court of First Instance
    Case number
    HCMP1868/1994

    The auction area figure was not a certainty because the original plan was lost and the DD Control Sheet was casually plotted; extrinsic evidence (aerial photographs, construction of bunds/sluice gates and continuous occupation) establishes the intended boundaries so plaintiffs are entitled to a declaration of paper title according to the area they and predecessors occupied; however the claim to possessory title fails because Cap.152 produced a new Crown lease from 1 July 1973 which interrupted the running of time and prevents aggregation of adverse possession to reach 60 years.

    • New grant lots
    • Possessory title
    • Paper title
    • Boundary determination
    • New territories (renewable crown leases) ordinance cap.152

  • 25 Sept 1992

    GATEWOOD LTD. v. SILVER NOBLE INVESTMENT LTD.

    Citation
    GATEWOOD LTD. v. SILVER NOBLE INVESTMENT LTD.
    Court
    Court of First Instance
    Case number
    HCA3638/1992

    Section 13(1) of Cap.219 obliges a vendor, unless otherwise agreed, to produce the tangible document which contains complete particulars of the terms on which the purchaser will hold the land; under Cap.152 that document is the existing Crown lease as defined in Cap.152 and failure to produce it entitles the purchaser to rescind the contract.

    • Conveyancing and property ordinance s.13(1)
    • Meaning of 'crown lease'
    • Rescission for failure to produce title documents
    • New territories (renewable crown leases) ordinance cap.152