Hong Kong Case Law: Decisions & Judgments

Topic

Squatter control

Legal area

Court

22 May 2024

林桂勇 v. 地政總署署長

Citation

[2024] HKCFI 1143
Court

Court of First Instance
Case number

HCAL1868/2023

The applications for leave were dismissed because the Applicants failed to identify a specific public law wrong, most Applicants lacked sufficient standing, there was unjustified undue delay (up to 41 years) with no good reason to extend time, the Director's decisions in the context of land administration are not generally amenable to judicial review, and the Policy had been published and applied consistently such that no reasonably arguable public law claim existed.
19 Mar 2021

KOO TING YUEN v. DIRECTOR OF LANDS

Citation

[2021] HKCFI 649
Court

Court of First Instance
Case number

HCAL1686/2020

The application for leave was dismissed because the Director's decisions cancelling the SC Survey Records are not amenable to judicial review as a matter of binding authority; alternatively the application was refused for being substantially out of time (about five years) with an insufficient explanation, unclear standing and weak merits; costs were ordered against the applicant.
5 Oct 2016

LEUNG SHUI LUN v. DISTRICT LANDS OFFICE OF TAI PO LANDS DEPARTMENT AND OTHERS

Citation

LEUNG SHUI LUN v. DISTRICT LANDS OFFICE OF TAI PO LANDS DEPARTMENT AND OTHERS
Court

District Court
Case number

DCMP4/2016

The originating summons was struck out because the plaintiff failed to plead or adduce the necessary particulars or evidence to support the central allegation that squatter control number(s) were assigned to the structures; the allegation of misrepresentation/fraud was unparticularised and therefore vexatious and frivolous; additionally the plaintiff lacked locus standi to sue in the capacity claimed because a power of attorney cannot be granted by an administrator in that context, rendering the proceedings an abuse of process.
8 Mar 2016

RE WONG KWAI LEUNG

Citation

RE WONG KWAI LEUNG
Court

Court of First Instance
Case number

HCAL138/2015

The application for leave was dismissed because the challenged decisions were private law decisions by the Government as landowner concerning termination of a licence for occupation of unleased land and therefore not amenable to public law judicial review; the Court of Appeal decision in Chau Tam Yuet Ching is binding and decisive; additionally the challenge to the first decision was time‑barred.

Hong Kong Case Law

林桂勇 v. 地政總署署長

KOO TING YUEN v. DIRECTOR OF LANDS

LEUNG SHUI LUN v. DISTRICT LANDS OFFICE OF TAI PO LANDS DEPARTMENT AND OTHERS

RE WONG KWAI LEUNG