Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trespass ab initio

  • 30 Jul 1980

    LEE KTM v. CHU KING LU

    Citation
    LEE KTM v. CHU KING LU
    Court
    Court of First Instance
    Case number
    HCA3/1978

    Defendant's permission was limited to installation of a telephone and storage; he exceeded that permission by constructing huts and treating the land as his own, making him a trespasser ab initio (or, alternatively, any licence was terminated); estoppel did not apply; counterclaim failed for lack of proof; therefore plaintiff entitled to possession and injunctive relief and costs.

  • 26 Mar 1968

    CHAN HOI v. THE COMMISSIONER OF POLICE AND ANOTHER

    Citation
    CHAN HOI v. THE COMMISSIONER OF POLICE AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV52/1967

    The court held that seizure under the Police Force Ordinance conferred only limited custody or temporary possession for a specific statutory purpose and did not extinguish the appellant's legal possessory rights; the police's disposal of the goods to a third party was an unauthorised abuse of the statutory power (trespass ab initio) and constituted conversion, entitling the appellant to judgment for the value of the goods.