Hong Kong Case Law: Decisions & Judgments

Topic

Gratuitous licence

Legal area

Court

6 Dec 2024

SIU SHU CHING AND OTHERS v. SIU KWOK CHEUNG AND ANOTHER

Citation

[2024] HKCA 1123
Court

Court of Appeal
Case number

CACV109/2022

The Court upheld the trial judge's findings that contemporaneous evidence and witnesses established express gratuitous licences granted by the plaintiffs or their predecessors (notably 1993 and 1996 licences), that the defendants and their predecessors lacked the requisite intention to exclude the lawful owners, and therefore the defendants failed to prove adverse possession; appellate court will not disturb those credibility-based findings absent a plain error.
10 Mar 2022

SIU SHU CHING AND OTHERS v. SIU KWOK CHEUNG AND ANOTHER

Citation

[2022] HKCFI 594
Court

Court of First Instance
Case number

HCA1641/2013

On the balance of probabilities contemporaneous documents and witness evidence established that the Plaintiffs (and their predecessors) granted an express gratuitous licence to the 1st Defendant's late father and stepmother to occupy the disputed lots; the Defendants therefore lacked the requisite animus possidendi to establish adverse possession; accordingly the Plaintiffs are entitled to vacant possession and the Defendants' counterclaims for adverse possession are dismissed.
3 Oct 2012

CHAU FA CHIK TSO by its manager CHAU FUK SZE AND OTHERS v. SECRETARY FOR JUSTICE

Citation

CHAU FA CHIK TSO by its manager CHAU FUK SZE AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCA106/2012

The Government's continued occupation of the encroached area after adverse appellate rulings was wrongful; the pleaded defences alleging tenancy at will, tenancy at sufferance or gratuitous licence in respect of that period are untenable and struck out; the counterclaim and set‑off are refused as inappropriate and untimely; assessment of mesne profits/damages for the periods of occupation is to be remitted to the Master with directions for affidavit exchange.
29 Nov 2006

LEE YUK LAN v. LEE CHE TAK AND ANOTHER

Citation

LEE YUK LAN v. LEE CHE TAK AND ANOTHER
Court

District Court
Case number

DCCJ2787/2002

Even if the plaintiff had no proprietary tenancy, the 2nd defendant occupied the premises as a gratuitous licensee by the plaintiff's consent; as such he could not claim adverse possession and was not liable for mesne profits absent revocation and unjustified holdover; the court therefore ordered the 2nd defendant to vacate within a reasonable time, denied mesne profits, and awarded the 2nd defendant half the costs (order nisi).

Hong Kong Case Law

SIU SHU CHING AND OTHERS v. SIU KWOK CHEUNG AND ANOTHER

SIU SHU CHING AND OTHERS v. SIU KWOK CHEUNG AND ANOTHER

CHAU FA CHIK TSO by its manager CHAU FUK SZE AND OTHERS v. SECRETARY FOR JUSTICE

LEE YUK LAN v. LEE CHE TAK AND ANOTHER