9 Jun 2017
CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER
- Citation
- CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2384/2011
The court found on facts that exclusive physical possession and intention to possess existed from latest March 1986, therefore adverse possession ran and, applying the applicable 20-year limitation, the paper owner's title was extinguished by operation of Limitation Ordinance s17 in March 2006; the Government's bona vacantia counterclaim was premature because residuary estate had not been crystallised or administered by the Official Administrator and statutory administration processes remained outstanding; accordingly plaintiff was entitled to declarations of possessory ownership and the Secr…