Hong Kong Case Law: Decisions & Judgments

Topic

Small house policy (ding rights)

Legal area

Court

21 May 2025

WISDOM GLORY LTD v. SALECHOICE PROPERTIES LTD

Citation

[2025] HKCFI 2095
Court

Court of First Instance
Case number

HCAL640/2024

The Court found that the RNTPC proceeded on a material mistake of fact or wrongful assumption concerning the eligibility and realistic likelihood of the 12 prior Small House applicants re‑applying; the Court interpreted the Small House Policy as treating a prior grant as permission tied to land and alienation invalidates that prior grant, meaning the RNTPC's assumption that those 12 could necessarily re‑apply lacked foundation; accordingly leave was granted, the Decision quashed and the matter remitted for reconsideration in light of the correct legal interpretation and facts.
26 Jun 2024

TODAY IS FINANCE LTD v. TSANG KWOK HUNG AND ANOTHER

Citation

[2024] HKDC 1050
Court

District Court
Case number

DCCJ4915/2020

On the balance of probabilities D2 proved he paid the purchase consideration of HK$3.2m and construction costs of over HK$1.4m and evidenced control of the original New Grant and a General Power of Attorney; D1's conduct (including not contesting the HC claim and handing over the New Grant) and the documentary evidence established either a resulting trust and/or common intention constructive trust in favour of D2 such that D1 had no beneficial interest to be charged; therefore the Charging Order was discharged.
13 Jan 2021

MAK MUI v. PANG KIT MAN

Citation

[2021] HKCFI 125
Court

Court of First Instance
Case number

HCA1125/2014

On the facts the court preferred the Mother's credible evidence that she funded the land premium and the construction (Old House 4 and New House 4, including a $700,000 gift from Father of which $610,000 was used for reconstruction), that there was a common intention among Father, Mother and defendant that the defendant would hold the grant for Mother's benefit, and therefore the legal title is held by the defendant on a common intention constructive trust for Mother; defendant's counterclaim was dismissed.
23 Jan 2019

JOIN EASE INVESTMENT LTD v. DIRECTOR OF LANDS

Citation

[2019] HKLdT 6
Court

Lands Tribunal
Case number

LDLR11/2016

The Tribunal held that as at the resumption date the resumed lots lacked vehicular access and were subject to a Block Government Lease covenant that required approval before any building; accordingly s.12(c) applied to exclude development expectancy (including NTEH potential) and the best use was open storage with pedestrian access only; compensation was assessed on comparables for open storage, yielding a market value basis and total compensation of HKD 163,181.

Hong Kong Case Law

WISDOM GLORY LTD v. SALECHOICE PROPERTIES LTD

TODAY IS FINANCE LTD v. TSANG KWOK HUNG AND ANOTHER

MAK MUI v. PANG KIT MAN

JOIN EASE INVESTMENT LTD v. DIRECTOR OF LANDS