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HCMP004261/1997
HCMP No. 4261/97
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 4261 OF 1997
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IN THE MATTER of the land and premises known as Lots Nos. 1113 and 1618 in D.D. 1 Tung Chung Lantau Island, New Territories, Hong Kong Special Administrative Region
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IN THE MATTER of Section 7, 17, and 38A of the Limitation Ordinance, Cap. 347, Laws of Hong Kong Special Administrative Region
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MOK CHING HA |
Plaintiff |
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WONG YIK LUNG and/or his administrator(s), executor(s), heir(s) and assign(s) |
Defendant |
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Coram: The Hon. Madam Justice Yuen in Court
Date of Hearing: 14 October 1998
Date of Judgment: 14 October 1998
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J U D G M E N T
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1. I am satisfied that the Plaintiff has been in adverse possession of Lots 1113 and 1618 in D.D. 1 Tung Chung for at least 20 years, in the case of Lot 1113 for at least 20 years prior to resumption by the Government in February 1997. The Plaintiff's case is made out by her own evidence on affirmation which is supported by 13 receipts from 1971 to 1997 which have been exhibited by the Plaintiff as "MCH-2" to her affirmation of 23rd December 1997. The amount of Crown rent in these 13 receipts tallies with the amount of the Crown rent for the two Lots in question, as shown by a letter from Government dated 28th July 1998 and exhibited as "MCH-1" to her affirmation of 6th August 1998.
2. Upon the Plaintiff by her counsel undertaking to file an affirmation to depose to the fact that it was the Plaintiff herself who had identified the lots in question to the surveyors who have filed a report to the court, I am also satisfied with the identification of the lots farmed by the Plaintiff as the lots in question.
3. In the circumstances, I am prepared to make an order in terms of paragraph 1 of the Originating Summons dated 9th December 1997 and I am prepared to make an order in terms of paragraph 2 as amended to read as follows:
"A declaration that the Plaintiff held a possessory title to Lot 1113 in D.D. 1 Tung Chung up to the date of resumption and has acquired a possessory title to Lot 1618 by possession thereof for a continuous period of not less than 20 years."
4. I make no order as to costs as the Defendant is absent. This order is not to take effect until after the filing and consideration by the court of the said supplemental affirmation to be filed by the Plaintiff within 7 days.
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(MARIA YUEN) |
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Judge of the Court of First Instance
High Court |
Representation:
Mr. Kent Yee instructed by M/s. Lousich & Co. for Plaintiff
Defendant in person, absent
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