Hong Kong Case Law: Decisions & Judgments

Topic

Declaration of possessory title

Legal area

Court

13 Feb 2026

CISSIE SUEN MIU LING, also known as SUEN MIU LING CISSIE v. KONG YUEN LING AND ANOTHER

Citation

[2026] HKDC 264
Court

District Court
Case number

DCCJ35/2023

The 2nd defendant proved continuous factual possession and the requisite intention to possess the property from September 2004 by exclusive acts of control (changing locks, paying rates, paying substantial renovations and outgoings and changing the registered rates payer); the plaintiff failed to prove an oral tenancy from late 2004; accordingly the plaintiff's claim against the 2nd defendant was time‑barred and the 2nd defendant acquired possessory rights under the Limitation Ordinance ss7 and 17.
2 Apr 2024

KONG SHU KING (be appointed as next friend for KONG YUK CHUEN pursuant to Order of Master Lai dated 29th January 2021) v. 张伟明, person appointed to represent the estate of CHEUNG SHAU PO, deceased AND OTHERS

Citation

[2024] HKDC 534
Court

District Court
Case number

DCCJ2934/2022

The court exercised its discretion to maintain the trial date subject to plaintiff proving good service by specified deadlines; the judge ordered the plaintiff to file and serve an affidavit of service and to lodge written opening and authorities, confirmed the existing expert evidence direction, ordered the trial to be conducted bilingually with translation of documents dispensed with, and directed costs of the PTR be in the cause.
19 Feb 2024

LI YIU CHIU v. THE PERSONAL REPRESENTATIVE of the estate of NG WING KOON, Deceased

Citation

[2024] HKDC 310
Court

District Court
Case number

DCCJ4914/2021

Plaintiff's pleaded facts established exclusive, continuous and uninterrupted possession with the intention to possess for at least 20 years such that, on the statement of claim and in the absence of any defence, the defendant's title is extinguished under s17 Limitation Ordinance and declaratory relief awarding possessory title to the plaintiff is appropriate on the O.19 r.7 application.
2 May 2013

SIN KIM WING v. NG SHUET CHUN

Citation

SIN KIM WING v. NG SHUET CHUN
Court

District Court
Case number

DCMP1009/2012

The court found on the evidence that the plaintiff had been in continuous adverse possession of the Property since 1994, a period exceeding the 12-year limitation period, and therefore acquired possessory rights and the defendant's estate is barred from commencing an action to recover the Property under section 7(2) of the Limitation Ordinance Cap.347.
3 May 2012

CHIU SI HON v. ESTATE OF CHAN SHUI KIU, DECEASED AND ANOTHER

Citation

CHIU SI HON v. ESTATE OF CHAN SHUI KIU, DECEASED AND ANOTHER
Court

Court of First Instance
Case number

HCMP1849/2011

On the unchallenged evidence the plaintiff and his predecessors had occupied the Lot exclusively with animus possidendi for at least 12 years prior to commencement of the action; accordingly the court declared that the plaintiff acquired the possessory rights, title and interest in the Lot and that the rights of the deceased owners were extinguished under section 17 of the Limitation Ordinance.
20 Jul 2001

THE PERSONAL REPRESENTATIVE OF LAU FUNG CHIM v. LAU SIU KWONG DAVID AND OTHERS

Citation

THE PERSONAL REPRESENTATIVE OF LAU FUNG CHIM v. LAU SIU KWONG DAVID AND OTHERS
Court

District Court
Case number

DCMP1767/2001

The court refused to make a final declaration of possessory title or order Land Registry rectification because the property likely became bona vacantia on the registered owner's intestacy, which would make any adverse possession claim effectively against the government and subject to a 60‑year limitation; accordingly the Secretary for Justice must be served and given opportunity to respond before any declaration or registry rectification is made.

Hong Kong Case Law

CISSIE SUEN MIU LING, also known as SUEN MIU LING CISSIE v. KONG YUEN LING AND ANOTHER

KONG SHU KING (be appointed as next friend for KONG YUK CHUEN pursuant to Order of Master Lai dated 29th January 2021) v. 张伟明, person appointed to represent the estate of CHEUNG SHAU PO, deceased AND OTHERS

LI YIU CHIU v. THE PERSONAL REPRESENTATIVE of the estate of NG WING KOON, Deceased

SIN KIM WING v. NG SHUET CHUN

CHIU SI HON v. ESTATE OF CHAN SHUI KIU, DECEASED AND ANOTHER

THE PERSONAL REPRESENTATIVE OF LAU FUNG CHIM v. LAU SIU KWONG DAVID AND OTHERS