Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Access rights

  • 4 Feb 2026

    交通城大廈業主立案法團 v. PAKATOWER LTD

    Citation
    [2026] HKLdT 6
    Court
    Lands Tribunal
    Case number
    LDBM151/2020

    The Tribunal held that Cheung's DRC assessment was fundamentally flawed and unreliable for assessing mesne profits of the Subject Premises because it treated replacement cost as if for the whole building, failed to account for the unique and varying nature, size, layout and shared/common parts apportionment of each utility room, and misapplied comparables and averaging; accordingly the Last IO Tenancy Agreement, being the highly similar and chronologically proximate arm's-length tenancy between the same parties and covering the same bundle of facilities, constituted the best evidence of marke…

  • 7 Jan 2025

    KK, H v. PK, H

    Citation
    [2025] HKFC 14
    Court
    Family Court
    Case number
    FCMC8332/2017

    Given the paramountcy of the child's best interests, the court accepted the mother's undertakings and found no reason to require obtaining a Singapore mirror order prior to relocation; to avoid further delay and to facilitate the child's integration, the 13 December 2024 order was varied so the mother may relocate with the child while pursuing the mirroring process thereafter.

  • 23 Jan 2019

    LEE CHONG YIP v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 6
    Court
    Lands Tribunal
    Case number
    LDLR7/2016

    The Tribunal held that the Relevant Covenant in the Block Government Lease operates as a prohibition that falls within s12(c) LRO so that any expectancy of obtaining a building licence or lease modification for NTEH cannot be taken into account; evidence showed no vehicular access to either the Northern or Southern Sites at the resumption date; accordingly the best use was open storage with pedestrian access only and compensation was assessed by reference to open storage comparables with specified adjustments, producing the awards set out in the judgment.

  • 23 Jan 2019

    CHENG KAM v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 6
    Court
    Lands Tribunal
    Case number
    LDLR12/2016

    The Tribunal held that (1) applicants failed to prove vehicular access as at the resumption date; (2) the Block Government Lease covenant operates as a restriction relevant to user so prospects of obtaining building licences or lease modification fall within s.12(c) LRO and must be disregarded; and (3) consequently the best use is open storage with pedestrian access only and compensation is to be assessed on that basis using the respondent's comparables and adjustments, producing the award set out in the judgment.

  • 23 Mar 2018

    GKLJ v. WE (formerly known as WFYE)

    Citation
    [2018] HKCA 179
    Court
    Court of Appeal
    Case number
    CAMP19/2018

    The Court refused to advance the renewed leave application because the appeal would probably be rendered academic by the imminent substantive hearing and parties should focus on the substantive application; the leave application was adjourned sine die with liberty to restore after the substantive determination, while observations were made about the breadth of the continued injunction which may be inconsistent with access rights.

  • 9 Sept 2016

    G, by his next friend CHAN LUI LUNA v. BVR AND OTHERS

    Citation
    G, by his next friend CHAN LUI LUNA v. BVR AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1803/2014

    The court found the existing body of reports (social welfare reports, clinical psychologist report, ISS reports and Monthly Reports) provided sufficient evidence on the key issues; there were no adequate grounds to compel a PCA, especially given the Mother's refusal and the principle that unnecessary assessments of the child should be avoided. Accordingly the PCA summons was dismissed as not being in the child's best interests.

  • 3 Jun 2013

    LAM KAM HUNG AND ANOTHER v. KING CHEER LTD AND ANOTHER

    Citation
    LAM KAM HUNG AND ANOTHER v. KING CHEER LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1561/2012

    There are serious issues to be tried and, on balance of convenience and absence of prejudice, the injunction should be extended and varied to allow the plaintiffs limited interim access while protecting defendants' security interests; accordingly containers and the blocking iron bar were to be removed immediately, keys shared, plaintiffs restrained from bringing materials or altering structures, defendants limited to security and fence maintenance, and costs to be costs in the cause.

  • 6 Aug 2007

    Y v. L

    Citation
    Y v. L
    Court
    Family Court
    Case number
    FCMC4933/2006

    Although the short-term status quo favored the father, the court found the status quo weight limited because it had existed only 15 months; the mother is better placed long-term to meet the child’s emotional, educational and developmental needs (including through adolescence), the paternal grandmother is elderly and did not participate in proceedings, the child expressed a preference for living with her mother, and the father’s past history (despite a negative current drug test) and cramped shared accommodation weighed against awarding him custody; accordingly custody was awarded to the mothe…

  • 7 Mar 1996

    Ting Key Investment Ltd. and Another v. The Secretary for Transport

    Citation
    Ting Key Investment Ltd. and Another v. The Secretary for Transport
    Court
    Lands Tribunal
    Case number
    LDMR61/1992

    No compensatable disturbance established: there was no implied right of access to the main trunk road and, in any event, compensation turns on interruption/interference with trade not property rights; Schedule para 4(2) requires substantial disturbance subsisting for at least 14 consecutive days and short spells cannot be aggregated; Applicants failed to prove any period of substantial disturbance of 14 days or more and failed to isolate loss caused by road works from loss caused by competition (Caltex) or other factors; accordingly disturbance payment claims dismissed and only mitigation exp…