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Hong Kong decisions
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The court dismissed a claimed adverse-possession defence over New Territories land, finding the evidence sparse, inconsistent and uncorroborated, and granted possession to the paper owner.
The Court of Appeal dismissed a pro se plaintiff’s application for leave to appeal to the CFA, holding the proposed questions were fact-specific and not reasonably arguable.
The Court of Appeal refused leave to appeal against a trafficking conviction, holding there was no reasonably arguable ground and the jury had been properly directed.
The Court of Appeal dismissed an adverse possession appeal, holding the plaintiff’s occupation of the Tai O lot was permissive under an implied licence and not exclusive possession.
The Court of Appeal dismissed the defendants’ motion for leave to appeal to the Court of Final Appeal in an adverse possession dispute, awarding costs to the plaintiff.
The Court of Appeal quashed convictions for possession of drugs and apparatus, set GBL sentencing guidance, and removed the international-element uplift.
The Court of Final Appeal dismissed an out-of-time leave application in a drug trafficking case, rejecting arguments on joint enterprise, misdirection, and an alternative verdict.
The Court of First Instance held that the 1st defendant acquired possessory title by adverse possession from 1980 and dismissed the plaintiff’s trespass claim.
On the facts found at trial and the uncontroverted prosecution evidence, and absent rebuttal evidence from the applicant, the reasonable and irresistible inference was joint possession and trafficking with co-accused in the hotel room; therefore no arguable point of law of great and general importance arose and the s32(2) certificate was refused.
Source excerpt
The appellate court held the trial judge’s factual findings were supported by the evidence and that the only reasonable and irresistible inference was that the applicant jointly possessed the drugs in the hotel room for trafficking; there was no misdirection on joint possession and the renewed application for leave to appeal was refused, upholding the conviction.
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