Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statute of limitations (s19)
  • 18 Apr 2001

    TANG KAM SUI AND OTHERS v. TANG SHUI KI

    Citation
    TANG KAM SUI AND OTHERS v. TANG SHUI KI
    Court
    Court of First Instance
    Case number
    HCMP5111/2000

    Given the antiquity of the 1911 mortgage, the absence of any payment of interest or any three‑months notice to pay since at least the 1950s, continuous occupation by the registered owners or assignees without interference, and failure to locate the mortgagee despite enquiries and substituted service, the court held the mortgagee’s rights were time‑barred under section 19 Limitation Ordinance and declared the mortgage no longer subsisting or capable of taking effect.