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    Hca 2020-352

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    Economist Kwok
    C C P is claiming adverse possession against D over a property in Shamshuipo. P began occupying the property in 2006 as a sub-tenant and continued exclusive possession after the tenancy ended. D became the registered owner of the property in 2006 through an assignment, although the circumstances of the assignment were suspicious. P has possessed the property for over 12 years with intention to exclude all others. As D has not provided any evidence to rebut P's adverse possession claim, the court found P is entitled to summary judgment and declarations that D's title is extinguished and P has acquired possessory title through adverse possession. D D

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    Hca 2020-352

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    Economist Kwok
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    C C P is claiming adverse possession against D over a property in Shamshuipo. P began occupying the property in 2006 as a sub-tenant and continued exclusive possession after the tenancy ended. D became the registered owner of the property in 2006 through an assignment, although the circumstances of the assignment were suspicious. P has possessed the property for over 12 years with intention to exclude all others. As D has not provided any evidence to rebut P's adverse possession claim, the court found P is entitled to summary judgment and declarations that D's title is extinguished and P has acquired possessory title through adverse possession. D D

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    HCA 2020-352

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    C C P is claiming adverse possession against D over a property in Shamshuipo. P began occupying the property in 2006 as a sub-tenant and continued exclusive possession after the tenancy ended. D became the registered owner of the property in 2006 through an assignment, although the circumstances of the assignment were suspicious. P has possessed the property for over 12 years with intention to exclude all others. As D has not provided any evidence to rebut P's adverse possession claim, the court found P is entitled to summary judgment and declarations that D's title is extinguished and P has acquired possessory title through adverse possession. D D

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    28 views4 pages

    Hca 2020-352

    Uploaded by

    Economist Kwok
    C C P is claiming adverse possession against D over a property in Shamshuipo. P began occupying the property in 2006 as a sub-tenant and continued exclusive possession after the tenancy ended. D became the registered owner of the property in 2006 through an assignment, although the circumstances of the assignment were suspicious. P has possessed the property for over 12 years with intention to exclude all others. As D has not provided any evidence to rebut P's adverse possession claim, the court found P is entitled to summary judgment and declarations that D's title is extinguished and P has acquired possessory title through adverse possession. D D

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    of 4

    A HCA 352/2020 A

    [2020] HKCFI 3008


    B B

    IN THE HIGH COURT OF THE


    C C
    HONG KONG SPECIAL ADMINISTRATIVE REGION
    D COURT OF FIRST INSTANCE D
    ACTION NO 352 OF 2020
    E E

    BETWEEN
    F F

    SIU PAK MING (蕭伯明) Plaintiff


    G G

    and
    H H

    PONG HEI MAN (龐熙文) Defendant


    I I

    J J
    Before: Deputy High Court Judge MK Liu in Chambers
    K Date of Hearing: 30 November 2020 K

    Date of Decision: 30 November 2020


    L L

    M DECISION M

    N N
    1. In these proceedings, the plaintiff (“P”) is claiming adverse
    O O
    possession against the defendant (“D”) over a property known as

    P Ground Floor, 7 Wong Chuk Street, Shamshuipo, Kowloon, Hong Kong P


    (“the Property”). On 14 May 2020, D through the solicitors representing
    Q Q
    him at that time filed a notice of intention to defend. By a summons dated
    R 27 October 2020 (“the summons”), P is now seeking a summary judgment R

    against D.
    S S

    T T

    U U

    V V
    - 2 -
    A A

    2. Having read the evidence as to service produced by P, I am


    B B
    satisfied that the summons and all the papers relating to the summons have
    C been duly served on D. C

    D D
    3. P’s case is as follows:
    E E
    (1) By an assignment dated 20 June 2006 and registered on

    F
    14 July 2006 (“the 2006 Assignment”), the Property was F
    assigned by Madam Lau Toe and Mr Vicete Lu to D at the
    G nominal consideration of HK$1. G

    H
    (2) P avers that “the 2006 assignment was highly suspicious as H
    Madam Lau Toe, the purported assignor and signatory to the
    I 2006 assignment, had already passed away in Philippines on I

    16 August 1984”1.
    J J
    (3) However, P has made it clear that he only provided the
    K information relating to the 2006 Assignment as a background K

    information. He is not saying that D has obtained the title to


    L L
    the Property by fraud or by any improper means.
    M M
    (4) On or before 1 February 2006, P started to occupy the
    Property by entering into a tenancy agreement with Wing
    N N
    Cheetah Company Limited (“Wing Cheetah”), who was the
    O tenant of the Property at that time. P continued to occupy the O

    Property as a sub-tenant of Wing Cheetah until about


    P P
    31 January 2006.
    Q (5) Notwithstanding ceasing to be a sub-tenant of Wing Cheetah, Q

    P remained to be in exclusive possession of the Property. At


    R R
    all material times, P has all along the intention to possess the
    S Property to the exclusion of all other persons including D and S
    his predecessors-in-title.
    T T
    1
    Amended Statement of Claim, [5]
    U U

    V V
    - 3 -
    A A

    (6) By a notice published in the Gazette on 7 April 2006, Wing


    B B
    Cheetah was struck off the Companies Register and dissolved.
    C (7) More than 12 years have elapsed from 1 February 2006 and C

    until the commencement of these proceedings. Accordingly,


    D D
    at the time of the commencement of these proceedings, D’s
    E title to the Property has been extinguished by the operation of E

    the Limitation Ordinance.


    F F

    G
    4. Although P has said that the 2006 Assignment was suspicious, G
    P has not said that the 2006 Assignment was void or invalid. P’s claim
    H H
    against D is proceeded on the basis that D is the registered owner of the

    I
    Property after the 2006 Assignment. I

    J J
    5. The principles concerning adverse possession have been

    K
    summarized by the Court of Appeal in Tsang Foo Keung v Chu Jim Mi K
    2
    Jimmy . Applying those principles to the facts set out in P’s case, I am
    L L
    satisfied that P has shown an adverse possession case against D. D has

    M not filed any evidence to show any arguable defence to P’s claim. In the M
    circumstances, no triable issue has been shown, and P is entitled to have a
    N N
    summary judgment against D.
    O O
    6. P seeks the following reliefs:
    P P
    (1) a declaration that D’s title to the Property has been
    Q extinguished; and Q

    (2) a declaration that P has acquired a good possessory title to the


    R R
    Property, and that all rights, title and interest including the
    S S

    T T
    2
    [2017] 3 HKC 527
    U U

    V V
    - 4 -
    A A

    ownership and right to exclusive possession and occupation


    B B
    of and in the Property be vested in P.
    C C
    7. I refuse to declare that “all rights, title and interest including
    D D
    the ownership and right to exclusive possession and occupation of and in
    E the Property be vested in P”. By successfully establishing adverse E

    possession against D, what P has obtained is a possessory title, no more


    F F
    and no less. P is not entitled to have an order in terms highlighted in the
    G above 3 . I would only declare that D’s title to the Property has been G

    extinguished, and P has acquired a good possessory title to the Property.


    H H

    I 8. Costs should follow the event. There be an order that costs I

    of these proceedings, including costs of the summons and all costs reserved
    J J
    (if any), be paid by D to P. Those costs be summarily assessed by this
    K court. There be leave to P to file and serve a bill of costs for summary K

    assessment within 7 days, and there be leave to D to file and serve a written
    L L
    reply to the said bill within 7 days thereafter.
    M M

    9. I thank counsel for the assistance rendered to the court.


    N N

    O O

    P P

    ( MK Liu )
    Q Q
    Deputy High Court Judge

    R R
    Mr Simon So, instructed by Wai & Co, Solicitors, for the plaintiff
    S S
    The defendant was not represented and absent
    T T
    3
    Chung Sang v The Personal Representative of Ho Tam [2020] HKCFI 2131, [10]
    U U

    V V

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