Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proof of possession

Legal area

Court

11 May 2009

WAI HA KAN v. HO TZE LEUNG AND OTHERS

Citation

WAI HA KAN v. HO TZE LEUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1203/2006

The court found on the evidence that the plaintiff's predecessors had exclusive factual possession with animus possidendi of House No.53 as against the registered owners from 1 May 1976, and that possession continued through resumption on 17 March 2000; therefore the registered owners' title was extinguished and the plaintiff acquired a possessory title and is entitled to the resumption compensation attributable to House No.53.
25 Sept 1974

KO MAN YAT v. THE QUEEN

Citation

KO MAN YAT v. THE QUEEN
Court

Court of Appeal
Case number

CACC762/1974

Conviction quashed because there was no evidence to prove the appellant had possession of the drugs or that they were for trafficking; statutory presumptions could not bridge the evidentiary gap where multiple occupants existed and no evidence linked the appellant to the particular place within the premises where the drugs were found.