Hong Kong Case Law: Decisions & Judgments

Topic

Possession and title

Legal area

Court

2 Nov 2015

CALM OCEAN SHIPPING S.A. v. WIN GOAL TRADING LTD AND OTHERS

Citation

CALM OCEAN SHIPPING S.A. v. WIN GOAL TRADING LTD AND OTHERS
Court

Court of First Instance
Case number

HCAJ118/2015

The injunction was refused because the plaintiff failed to demonstrate the high degree of assurance required for a mandatory interlocutory injunction: there is a good arguable case that D1 had divested title by presenting documents under the LC so property passed to the buyer and banks hold pledge rights; the BADR B/L was not held to the order of D1; and it would be unjust to order sale/disposal behind the backs of the owner/pledgee (BADR/Deutsche Bank/ADO) who are not parties and have not been heard.
28 Jun 2010

TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS

Citation

TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS
Court

Court of Appeal
Case number

CACV157/2009

The Court upheld the trial judge's factual findings that the defendants failed to prove exclusive and adverse possession for the statutory period, and that the plaintiff retained title because the land was occupied by a tenant (Luk Kee) until termination of tenancy and because infant members of the plaintiff restarted limitation periods; accordingly the plaintiff's claim was not time‑barred and the appeal was dismissed.
26 Mar 2004

CHEUNG YAT FUK v. TANG TAK HONG AND OTHERS

Citation

CHEUNG YAT FUK v. TANG TAK HONG AND OTHERS
Court

Court of Final Appeal
Case number

FACV12/2003

A squatter who grants a tenancy and receives rent acts in the assumed character of owner and, through the tenant's occupation, is in adverse possession; such possession can be aggregated with the squatter's own occupation to meet the statutory period under the Limitation Ordinance, so the paper owner's title is extinguished and the possessory title vests in the adverse possessor.
23 Feb 2000

TANG CHOW FAT AND OTHERS v. KWONG WENG LUNG SHOP

Citation

TANG CHOW FAT AND OTHERS v. KWONG WENG LUNG SHOP
Court

Court of First Instance
Case number

HCMP6407/1999

Given continuous family possession of the lands since 1905 and the absence of any repayment, acknowledgement or claim under the recorded mortgages, the mortgages recorded in the Block Crown Lease are incapable of subsistence or otherwise unenforceable by operation of the Limitation Ordinance in each of the five proceedings.
16 Jul 1999

CHAN KWOK YUN v. NG CHAN SHI AND OTHERS

Citation

CHAN KWOK YUN v. NG CHAN SHI AND OTHERS
Court

Court of First Instance
Case number

HCMP3929/1998

The court accepted the uncontradicted evidence that the plaintiff had factual possession and the requisite intention to possess from May 1978 and that the original owners had been dispossessed or abandoned possession, satisfying the pre-1991 20-year Limitation Ordinance; therefore declarations that the defendants' title was extinguished and that the plaintiff acquired title by adverse possession were granted.
19 May 1999

HONG KONG HUA GUANG INDUSTRIAL CO (A FIRM) v. MIDWAY INTERNATIONAL LTD AND OTHERS

Citation

HONG KONG HUA GUANG INDUSTRIAL CO (A FIRM) v. MIDWAY INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA7671/1996

Plaintiff's claims dismissed because it lacked legal or possessory title at the time of loss, failed to prove bailment or that the 2nd defendant's negligence caused the theft, the 1st defendant had not breached its contractual duty in appointing the 2nd defendant, and standard trading conditions limiting liability were incorporated and applied.

Hong Kong Case Law

CALM OCEAN SHIPPING S.A. v. WIN GOAL TRADING LTD AND OTHERS

TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS

CHEUNG YAT FUK v. TANG TAK HONG AND OTHERS

TANG CHOW FAT AND OTHERS v. KWONG WENG LUNG SHOP

CHAN KWOK YUN v. NG CHAN SHI AND OTHERS

HONG KONG HUA GUANG INDUSTRIAL CO (A FIRM) v. MIDWAY INTERNATIONAL LTD AND OTHERS