Hong Kong Case Law: Decisions & Judgments

Topic

Adverse possession/possessory title

Legal area

Court

15 Dec 2025

HO KONG, THE SOLE EXECUTOR OF THE ESTATE OF FONG MI YEE DECEASED v. DIRECTOR OF LANDS AND ANOTHER

Citation

[2025] HKCA 1122
Court

Court of Appeal
Case number

CACV15/2024

The Court held that a declared possessory title coupled with recorded occupation qualifies the person as an 'owner-occupier' under the HPA Guidelines; 'owner' in §6.1.2 must be given an autonomous, purposive meaning applicable across resumption statutes and is not confined to registered/paper owners, so the Applicant is eligible to be considered for HPA.
28 Mar 2024

WINLAND PROPERTY LTD AND OTHERS v. CHANG SAI HO formerly known as LAW WAI KUN AND OTHERS

Citation

[2024] HKLdT 27
Court

Lands Tribunal
Case number

LDCS7000/2022

The Tribunal granted the compulsory sale order: Majority Owners met the reduced 80% threshold, redevelopment was justified on age and serious state of repair evidenced by experts, Majority Owners had taken reasonable steps to acquire minority shares and offers were within a fair and reasonable band; the Tribunal determined EUV and RDV (EUV total HKD 834,849,000; adopted reserve price RDV HKD 801,000,000) and set the reserve price at HKD 801,000,000; the Tribunal refused to direct trustees to withhold proceeds in respect of the third party possessory claim but ordered specific notice and a 21-…
29 Aug 2022

BRIGHT EMPIRE ENTERPRISES LTD v. HO KAP SIN AND ANOTHER

Citation

[2022] HKCFI 2651
Court

Court of First Instance
Case number

HCMP1880/2021

The mortgage, being ancient and supported by evidence of uninterrupted, undisturbed possession by the plaintiff's predecessor and absence of any claim or demand for the relevant period, is unenforceable by reason of limitation under ss19(1) and (2) and a declaratory order was appropriate; Re Amirteymour was distinguishable because the present application seeks declaratory, effectively in rem relief on the merits, so the limited appointment of the Official Solicitor to accept service did not preclude determination on the merits.
20 May 2021

邱丁嬌對陸愛萍

Citation

[2021] HKDC 537
Court

District Court
Case number

DCCJ3695/2016

The court accepted the forensic expert evidence that the Ding-uk cooperation agreement was signed by Huang Chang-kui in 1994 and was understood and acted upon; the alleged family division/trust arrangements and the alleged loan/'true agreement' did not exist or lacked reliable evidence; the alleged prerequisite clauses were not conditions preventing enforceability or were performed; limitation and adverse possession defences failed. Consequently the plaintiff holds beneficial and legal rights to Lot 2584 (including 49) and is entitled to vacant possession of the unit; defendant's counterclaim…
20 May 2021

邱丁嬌對陸愛萍

Citation

[2021] HKDC 537
Court

District Court
Case number

DCCJ5429/2017

Court accepted forensic evidence and contemporaneous witness evidence that the 1994 cooperation ding uk agreement was signed by Huang Chang-gui in 1994 and was understood and acted upon; the challenged clauses were not conditions precedent that prevented the agreement from taking effect; plaintiffs established legal and beneficial title to 9A and Lot 2584 and entitlement to possession and registration; defendant's alternative theories (forgery, loan agreement, family trust, adverse possession, limitation) were not supported by credible contemporaneous evidence and were rejected.
14 Mar 1994

LAM ISLAND DEVELOPMENT CO. LTD. v. CHUNG PING KWAN AND ANOTHER

Citation

LAM ISLAND DEVELOPMENT CO. LTD. v. CHUNG PING KWAN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1570/1993

Section 4(2) Cap.152 operates to create a new Crown Lease deemed granted on 1 July 1973; the plaintiff’s right of action therefore first accrued on that date; possessory titles of defendants are not "rights" preserved by s.4(4) so do not defeat the new lease; accordingly the actions were commenced within the 20-year limitation period and the plaintiff is entitled to possession.
14 Mar 1994

LAM ISLAND DEVELOPMENT CO. LTD. v. WONG SUN

Citation

LAM ISLAND DEVELOPMENT CO. LTD. v. WONG SUN
Court

Court of First Instance
Case number

HCMP1568/1993

Section 4(2) of Cap.152 effectuates a deemed grant of new Crown leases commencing 1 July 1973; accordingly the plaintiff's cause of action in respect of possession accrued on that date and the actions brought on 10 June 1993 were within the 20-year limitation period of s7(2) Cap.347. Possessory claims of defendants did not qualify as preserved 'rights' under s4(4) and therefore do not defeat the plaintiff's title.

Hong Kong Case Law

HO KONG, THE SOLE EXECUTOR OF THE ESTATE OF FONG MI YEE DECEASED v. DIRECTOR OF LANDS AND ANOTHER

WINLAND PROPERTY LTD AND OTHERS v. CHANG SAI HO formerly known as LAW WAI KUN AND OTHERS

BRIGHT EMPIRE ENTERPRISES LTD v. HO KAP SIN AND ANOTHER

邱丁嬌 對 陸愛萍

邱丁嬌 對 陸愛萍

LAM ISLAND DEVELOPMENT CO. LTD. v. CHUNG PING KWAN AND ANOTHER

LAM ISLAND DEVELOPMENT CO. LTD. v. WONG SUN

邱丁嬌對陸愛萍

邱丁嬌對陸愛萍