Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Right of access to land

Legal area

Court

10 May 2019

PCCW HKT TELEPHONE LTD AND ANOTHER v. LINK PROPERTIES LTD

Citation

[2019] HKCA 503
Court

Court of Appeal
Case number

CACV275/2017

Leave to appeal was refused because the defendant had no reasonable prospect of success: the Court of Appeal correctly construed s.14(1) and s.14(10), exclusive occupation (or exclusive use) was not established on the facts for the common use parts, and the defendant gave no adequate basis for leave under the "or otherwise" limb.
6 Nov 2017

PCCW HKT TELEPHONE LTD AND ANOTHER v. LINK PROPERTIES LTD

Citation

PCCW HKT TELEPHONE LTD AND ANOTHER v. LINK PROPERTIES LTD
Court

Court of First Instance
Case number

HCMP3458/2016

Link retained legal and factual exclusive use and occupation of the Common Use Parts by virtue of the Assignment, DMC and tenancy terms which only grant tenants contractual, non-proprietary rights of limited use subject to Link's control and reservation to alter common parts; accordingly the exception in s14(10) applies and the Operators have no statutory right under s14(1) to place or maintain telecommunications lines in those Common Use Parts.