Hong Kong Case Law: Decisions & Judgments

Topic

Squatters' rights

Legal area

Court

6 Sept 2022

LEUNG CHI CHEONG (the person appointed to represent the estate of LEUNG FAI, deceased) v. LIU CHE WUN AND ANOTHER

Citation

[2022] HKCA 1335
Court

Court of Appeal
Case number

CACV487/2021

The Court of Appeal held the 1st defendant failed to establish joint adverse possession from 1980 to 2000 because she could not show single exclusive possession to the exclusion of other family occupiers and could not displace the Deceased's prior possessory title established in the Birkenhead judgment; Fairweather did not permit crafting a possessory title inconsistent with the Birkenhead judgment; accordingly the trial judge's declaratory orders based on joint/tacit tenancy adverse possession were unsupportable, the appeal is allowed and the lower court's orders are set aside with outstandi…
5 Jan 2022

WOO SAI MUI v. LAM ISLAND DEVELOPMENT CO LTD

Citation

[2022] HKCFI 39
Court

Court of First Instance
Case number

HCA2080/2017

The plaintiff's adverse possession claim was dismissed because she failed to prove exclusive factual possession and animus possidendi: her oral evidence was found incredible and inconsistent with contemporaneous aerial photographs and expert analysis, the written confirmations were inadmissible/hearsay, fencing and exclusionary steps were only evident from 2014, and her expressed willingness to pay rent if asked negated the necessary animus; accordingly the defendant, as registered owner, was granted possession, demolition rights, an injunction and costs.
22 Apr 2005

AU YEUNG ON v. CHE SHING CHEONG WILFRED AND OTHERS

Citation

AU YEUNG ON v. CHE SHING CHEONG WILFRED AND OTHERS
Court

Court of First Instance
Case number

HCMP4745/1999

The application was adjourned sine die because the Court concluded that the potential prejudice to the plaintiff (having to recover compensation paid by Government from the defendant if the plaintiff ultimately succeeds) outweighed the defendant's prejudice from loss of interest, and the outcome of the higher court appeal is dispositive of the core legal issue.
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.
3 Apr 2003

TANG TAK HONG AND OTHERS v. CHEUNG YAT FUK

Citation

TANG TAK HONG AND OTHERS v. CHEUNG YAT FUK
Court

Court of Appeal
Case number

CACV203/2002

Leave to appeal to the Court of Final Appeal was granted under section 22(1)(b) because the specific legal question—whether a squatter who has granted a tenancy can rely on the tenant's occupation to satisfy the requisite period of possession and thereby have the limitation period run in his favour under section 13(1) of the Limitation Ordinance—was unresolved by existing authority and appropriate for determination by the Court of Final Appeal.
5 Jan 1995

HONG KONG FERRY (HOLDINGS) Co. Ltd. v. CHAN KWAN FAT and others

Citation

HONG KONG FERRY (HOLDINGS) Co. Ltd. v. CHAN KWAN FAT and others
Court

Court of Appeal
Case number

CACV94/1994

The appeal is dismissed because this court is bound by the Court of Appeal decision in Chung Ping-kwan that squatters who entered after 1 July 1953 are not protected by s.4(4)(c) of Cap.152; however the court stayed execution of the possession order pending determination of the application for leave to appeal to the Privy Council in Chung Ping-kwan and, if leave is granted, pending determination of that appeal, to preserve the appellants' position.

Hong Kong Case Law

LEUNG CHI CHEONG (the person appointed to represent the estate of LEUNG FAI, deceased) v. LIU CHE WUN AND ANOTHER

WOO SAI MUI v. LAM ISLAND DEVELOPMENT CO LTD

AU YEUNG ON v. CHE SHING CHEONG WILFRED AND OTHERS

CHEUNG YAT FUK v. TANG TAK HONG AND OTHERS

TANG TAK HONG AND OTHERS v. CHEUNG YAT FUK

HONG KONG FERRY (HOLDINGS) Co. Ltd. v. CHAN KWAN FAT and others