CHAN MUK CHAI also known as TSANG MUK CHAI v. THE PERSONAL REPRESENTATIVE OF TSANG HEE YUNG also known as TSANG HEI YUNG, deceased

HCMP 628/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 628 OF 2004

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J U D G M E N T

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1.  I have read the affirmations of the plaintiff, his son and the village representative of Tong Fuk Village, Lantau Island.  I am satisfied that the plaintiff has been in exclusive possession of Lot Nos. 225 and 253 in DD 325 and Lots Nos. 282, 561, 594, 601, 1323, 1511 in DD 328.  I am also satisfied that the plaintiff has the intention of occupying the lots as the owner thereof and to the exclusion of the whole world.  He therefore has the necessary animus possidendi in occupying these lots. 

2.  I have also read the affidavits of service and I am satisfied that the plaintiff has effected service of the notice of hearing according to the order for substituted service.

3.  I therefore make the following order.  I declare that the plaintiff has acquired a possessory title to the lots abovementioned.  I further declare that the title and interest of Tsang Hee Yung, also known as Tsang Hei Yung, deceased in the abovementioned lots, have been extinguished by virtue of section 17 of the Limitation Ordinance, Cap. 347.  I also declare that the said Tsang Hee Yung, deceased, or his estate is barred from commencing any action to recover the abovementioned lots by virtue of section 7(2) of the Limitation Ordinance.  I also order costs of this action be to the plaintiff.