Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Crown land permit

  • 19 Oct 2012

    FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE

    Citation
    FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCA3344/2001

    Court found there was a waiver of SC-10 by the District Officer; both parties entered the TW under a shared mistaken belief that SC-10 was enforceable, rendering the TW void for common mistake; DLO entitled to cancel the Garden Permit and the New Road Permit because the canopy and Room 1 were unauthorized structures and the Road Permit did not regularize the encroachment; SC-9 was not properly pleaded and could not found re-entry.

  • 13 Jul 1985

    TSUI CHOI v. YIP CHING SHAN AND ANOTHER

    Citation
    TSUI CHOI v. YIP CHING SHAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP2791/1984

    The plaintiff, as holder of a subsisting Crown Land Permit, was entitled to possession because the only licence was a bare licence granted to the father (Mr. Yip), which could not confer exclusive occupation to the defendants; the licence was surrendered in February 1984 and the defendants who remained are trespassers, so the plaintiff is entitled to possession of the land within the permit boundaries.

  • 25 Jul 1977

    CHOW SHUEN YU t/a UNION TRADING CO v. HO KAM CHEUNG AND HO KAM WING AND OTHERS

    Citation
    CHOW SHUEN YU t/a UNION TRADING CO v. HO KAM CHEUNG AND HO KAM WING AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1118/1977

    The application for interlocutory injunction was dismissed because the applicant failed to show a triable issue that the bailiff had entered on Crown land covered by Permit K2544; the judge’s own site inspection established that the permit area comprised the granite house and the adjacent open area south of the identified wall line, not the two‑storey House No.11 north of that line, and therefore there was no reasonable prospect that the execution had invaded Crown‑permitted land to justify injunctive relief.

  • 19 Mar 1973

    TANG WAH LEUNG t/a WAH HING PLASTIC FACTORY v. CHAN MEI LIM

    Citation
    TANG WAH LEUNG t/a WAH HING PLASTIC FACTORY v. CHAN MEI LIM
    Court
    Court of Appeal
    Case number
    CACV12/1972

    Damages were limited to the twelve months of security afforded by the Crown land permit; rent having been paid to cancellation precluded recovery for loss of rentals; structures on Crown land are Crown property and cannot be recovered by the defendant, resulting in only nominal damages of HK$1.00.

  • TANG WAH LEUNG t/a WAH HING PLASTIC FACTORY v. CHAN MEI LIN

    Citation
    TANG WAH LEUNG t/a WAH HING PLASTIC FACTORY v. CHAN MEI LIN
    Court
    Court of First Instance
    Case number
    HCA1221/1970

    The written tenancy (Exh. P.3) governs; pre-contractual advertisement and negotiations do not establish a collateral warranty that the structures were lawful for industrial use. There was no actionable misrepresentation; no implied warranty that premises were lawful for intended industrial purposes; tenant bore the risk (caveat emptor) and remained liable for rent until Crown re-entry. Plaintiff failed to prove quantified damages. Defendant's counterclaim for damages was dismissed on in pari delicto and lack of evidence; set-offs for rent and electricity deposits were allowed leaving a small…