Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fencing and exclusive possession

Legal area

Court

17 Sept 2025

TSANG KUN KAU AND ANOTHER v. YU YING AND ANOTHER

Citation

[2025] HKCA 856
Court

Court of Appeal
Case number

CAMP159/2024

The court refused leave to appeal because the judge's findings that D1 had established factual possession and animus possidendi for the relevant 20‑year period were supported by evidence and not plainly wrong, the licence argument was properly excluded as unpleaded and failed on the evidence, and the appellant failed to show a reasonable prospect of success; accordingly leave is refused and costs awarded to D1.
3 Aug 2020

LU XIAOHUA, the administratrix of the estate of WONG YIU CHUNG, deceased v. HAU SHUN CHI NELSON

Citation

[2020] HKDC 606
Court

District Court
Case number

DCCJ287/2016

The application for leave to appeal is dismissed because none of the five proposed grounds establishes a reasonable prospect of success; the trial judge’s factual findings that the Wong family had exclusive adverse possession, that the presumption of encroachment was rebutted on the special facts, and that oral/licence claims were unreliable were entitled to deference and were dispositive of the appeal prospects.