Hong Kong Case Law: Decisions & Judgments

Topic

Possession and eviction

Legal area

Court

28 Oct 2019

CHANG KING TO v. CHANG KING HIM CLARENCE AND ANOTHER

Citation

[2019] HKCFI 2597
Court

Court of First Instance
Case number

HCA1574/2017

On the evidence the court found KT a bare trustee with no beneficial interest; the 2nd Notice of Severance validly severed the legal joint tenancy; Clarence established proprietary estoppel (representations, reliance, detriment) entitling him to remain during Madam Wong's lifetime; accordingly KT's claims for declarations, possession and mesne profits fail.
19 Sept 2019

FAR EAST CONSORTIUM LTD v. OCCUPIER(S) ENTERING OR REMAINING AT THE LOT WITHOUT THE CONSENT OF THE PLAINTIFF AND OTHERS

Citation

[2019] HKCFI 2298
Court

Court of First Instance
Case number

HCMP221/2019

Summons for a mandatory interlocutory injunction was dismissed because, although plaintiff established a serious issue to be tried in trespass/possession, the court could not feel the high degree of assurance required for interlocutory mandatory relief: competing expert evidence, plaintiff's delay, the intrusive and irreversible nature of immediate demolition of long‑occupied homes (with vulnerable occupants), and lack of assurance that remedial works could be carried out without coordination with the owner of the adjoining lot meant the balance of convenience and risk of injustice favoured r…
29 Aug 2008

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN

Citation

MAK LAI CHUEN suing as sole manager of<br><br>MAK TSOK SUI TSO v. MAK PUI KUEN
Court

District Court
Case number

DCCJ2610/2006

On the evidence including uncontested expert evidence of Chinese customary law, two co-managers appointed to a Tso exercise joint authority and the death of one does not automatically vest full managerial powers in the survivor; there was no properly convened majority decision of the Tso to appoint the surviving manager as sole manager after Yuk Hon's death, therefore Lai Chuen lacked authority to terminate the tenancies or commence possession proceedings and the tenants were entitled to challenge his authority.
10 Jan 2007

HAU WAI CHEUNG AND OTHERS v. ALL PERSONS IN OCCUPATION OF Lot No. 174 in Demarcation District No. 95 AND ANOTHER

Citation

HAU WAI CHEUNG AND OTHERS v. ALL PERSONS IN OCCUPATION OF Lot No. 174 in Demarcation District No. 95 AND ANOTHER
Court

Court of First Instance
Case number

HCMP2807/2003

Judge accepted plaintiffs' witnesses and objective aerial photographic evidence showing cessation of cultivation and other events; concluded Lot 174 was leased to Mr Tsang Lim up to 1995 and thus his possession was not adverse to owner, and there was no exclusive possession by Mr Tsang after 1995; therefore adverse possession claim failed and plaintiffs entitled to recover possession; constitutional challenge not decided as unnecessary.
20 Nov 1968

KWOK CHUNG TO v. WONG CHUEN SANG

Citation

KWOK CHUNG TO v. WONG CHUEN SANG
Court

Court of Appeal
Case number

CACV15/1968

Appeal allowed in part: the eviction order was set aside because the appellant, who remained in possession and had acquired an equitable interest as part of a nominee arrangement, could rely on that possession and equitable interest to defeat the respondent's counterclaim for possession; the court will not permit the respondent to profit from the tainted transaction by evicting the appellant, though repayment of rents disbursed to the respondent remains payable.

Hong Kong Case Law

CHANG KING TO v. CHANG KING HIM CLARENCE AND ANOTHER

FAR EAST CONSORTIUM LTD v. OCCUPIER(S) ENTERING OR REMAINING AT THE LOT WITHOUT THE CONSENT OF THE PLAINTIFF AND OTHERS

MAK LAI CHUEN suing as sole manager of MAK TSOK SUI TSO v. MAK PUI KUEN

HAU WAI CHEUNG AND OTHERS v. ALL PERSONS IN OCCUPATION OF Lot No. 174 in Demarcation District No. 95 AND ANOTHER

KWOK CHUNG TO v. WONG CHUEN SANG