Hong Kong Case Law: Decisions & Judgments

Topic

Demolition

Legal area

Court

25 Aug 2025

YIM TIN FOOK, since deceased (YIM LOK MAN WINNE, appointed by Order dated 10 May 2024 to represent the Estate of YIM TIN FOOK, deceased) AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN trading as WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

Citation

[2025] HKCA 772
Court

Court of Appeal
Case number

CACV5/2020

The court held that the plaintiffs are the overall winners because they succeeded in maintaining the substantive reliefs (Question 3) and the consequence of the appeal is dismissal of D2's counterclaim and an order for demolition and vacant possession; therefore costs are prima facie awarded to the plaintiffs but must be reduced to reflect plaintiffs' failure on Questions 1 and 2 which caused substantial additional argument, resulting in an award that D2 and DC8 jointly and severally pay 50% of the plaintiffs' costs overall, apportioned 70% to D2 and 30% to DC8, with specific liabilities for…
5 Mar 2020

YIM TIN FOOK AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN t/a WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

Citation

[2020] HKCFI 337
Court

Court of First Instance
Case number

HCA2613/2006

The court found D2 had demonstrated an arguable appeal and sufficient risk of complex, difficult or irreversible prejudice to the compound and structures to justify a stay of execution of the demolition and actual possession orders pending final determination of the appeal, but D2 failed to show good reason to stay other orders (assessment of mesne profits and costs), which were refused.
6 Dec 2019

YIM TIN FOOK AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN t/a WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

Citation

[2019] HKCFI 2933
Court

Court of First Instance
Case number

HCA2613/2006

The statutory extension of the Block Lease effected by the NTLEO in 1988 did not change the legal or beneficial ownership of the leasehold estate in the Parent Lot (ownership remained with D2); accordingly D2's counterclaim fails as against the Registered Owners including those who did not appear; interlocutory judgment for mesne profits against D1 and D2 is granted with directions for assessment; DC6 is not entitled to demolition or delivery up of vacant possession because it did not plead and pursue such relief; costs are awarded to the Registered Owners and a certificate for two counsel is…
5 Sept 2011

SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS

Citation

SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS
Court

Court of First Instance
Case number

HCMP1852/2008

A stay of execution was granted because (1) absence of a stay risked rendering the appeal nugatory by allowing demolition or alteration of the external wall and attached structures, and (2) the appeal was reasonably arguable; the application to vary the costs order nisi was dismissed because the Plaintiff succeeded on the principal relief and the related applications were properly treated as one for costs purposes.
23 Jul 2004

CHAN KIT v. YAU YIK WAH AND ANOTHER

Citation

CHAN KIT v. YAU YIK WAH AND ANOTHER
Court

Court of First Instance
Case number

HCA4259/2000

The Plaintiff failed to prove a title extinguished by limitation because his possession was asserted 'as of right' (based on purchase) and prior proceedings (1979 action) intervened; although the court found the Plaintiff had possession of 22A from 1967 to demolition and that 22A partly rested on Lot 286, there was insufficient proof of the precise portion and no adverse possession extinguishing the 1st Defendant's paper title, so the declaration sought was refused; limited damages were awarded for sentimental and residual loss only.

Hong Kong Case Law

YIM TIN FOOK, since deceased (YIM LOK MAN WINNE, appointed by Order dated 10 May 2024 to represent the Estate of YIM TIN FOOK, deceased) AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN trading as WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

YIM TIN FOOK AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN t/a WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

YIM TIN FOOK AND ANOTHER v. YU CHOR LAI, KONG WAI HUNG and SOU KA LUN t/a WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

SUNBROAD HOLDINGS LTD v. ALL OCCUPIERS (whose names are unknown) AND OTHERS

CHAN KIT v. YAU YIK WAH AND ANOTHER