Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and contemporaneous evidence

Legal area

Court

13 Nov 2025

MAN KWOK KEUNG TONY v. 馬德松

Citation

[2025] HKDC 1942
Court

District Court
Case number

DCCJ4385/2020

Defendant failed to establish the requisite animus possidendi for the relevant 20-year period despite factual possession from about 1988; the recorded meeting and tenancy agreement of 2 May 2014 (which the court found valid and signed by defendant) evidenced recognition of plaintiff's title and undermined defendant's claim to have always treated the land as his own; accordingly defendant's adverse possession claim and counterclaim fail and plaintiff is entitled to vacant possession and rent arrears.
22 Dec 2021

SE TO CHUN ON ANDY v. HO KAM WAH AND ANOTHER

Citation

[2021] HKDC 1608
Court

District Court
Case number

DCPI1306/2016

The court found on the balance of probabilities, based on contemporaneous photographs, physical evidence and witness credibility, that the 1st defendant negligently intruded into the bus lane and caused the collision; the 2nd defendant is vicariously liable; plaintiff bore no contributory negligence; because of pre-existing lumbar spondylosis and two subsequent workplace injuries the court apportioned causation as 40% attributable to the 2013 accident and reduced general damages by 60%, awarding net damages of HKD 88,914.48 plus interest and costs.
14 Jun 2019

CHEUNG NGAR PING EVERINE v. CHEUNG YIK MING EMIL

Citation

[2019] HKCFI 1467
Court

Court of First Instance
Case number

HCA1894/2014

Plaintiff failed to prove an express or inferable common intention that she was the beneficial owner because her evidence was inherently improbable and unsupported by contemporaneous documents or credible corroboration; she failed to establish that her alleged payments formed part of the purchase price; no misrepresentation inducing the 4th and 5th payments was proved; and restitution claims for those payments are time-barred by the six-year limitation, therefore the claim is dismissed.
9 Mar 2018

CHAN KWONG SHING AND ANOTHER v. IP FOON

Citation

[2018] HKDC 248
Court

District Court
Case number

DCCJ3568/2015

The plaintiffs failed to discharge the high burden to prove adverse possession: their witnesses were disbelieved and there was no compelling contemporaneous evidence of occupation from 1997; further, even if their evidence were accepted, admissions of a 1999 assurance and a 2001 payment established permission/licence, defeating a claim of possession as of wrong; consequently the registered owner was entitled to recover possession and only nominal mesne profits were awarded.
22 Jan 2014

WONG TAK MAN, STEPHEN AND ANOTHER v. CHEUNG SIU FAI also known as DICKSON CHEUNG AND ANOTHER

Citation

WONG TAK MAN, STEPHEN AND ANOTHER v. CHEUNG SIU FAI also known as DICKSON CHEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMP1431/2012

Because the 2nd respondent advanced a positive account central to the trustees' claims and there are possible discrepancies between her affirmation and the interview note not conclusively resolved by documentary evidence, the court ordered that the 1st respondent, the 2nd respondent, the bankrupt and Mr Cheung Hung be tendered for cross-examination and that, subject to the trial judge's direction, their affirmations dated 10 July 2013 may not be relied upon unless they are so tendered.

Hong Kong Case Law

MAN KWOK KEUNG TONY v. 馬德松

SE TO CHUN ON ANDY v. HO KAM WAH AND ANOTHER

CHEUNG NGAR PING EVERINE v. CHEUNG YIK MING EMIL

CHAN KWONG SHING AND ANOTHER v. IP FOON

WONG TAK MAN, STEPHEN AND ANOTHER v. CHEUNG SIU FAI also known as DICKSON CHEUNG AND ANOTHER