Case Details

Citation

CHAN CHOI SHING (IN HIS PERSONAL CAPACITY AS THE BENEFICIARY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF CHAN YUK LUN DEXEASED) v. DISTRICT LANDS OFFICER, TAI PO AND ANOTHER, HCAL 1899/2025

Case Number

HCAL 1899/2025

Court

Court of First Instance

(CFI)

Decision Date

1 September 2025

Parties

Applicant(s):

CHAN CHOI SHING (陳再盛) (IN HIS PERSONAL CAPACITY AS THE BENEFICIARY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF CHAN YUK LUN (陳玉粦), DEXEASED)

Respondent(s):

DISTRICT LANDS OFFICER, TAI PO, DIRECTOR OF LANDS

Judges

Coleman

CHAN CHOI SHING (IN HIS PERSONAL CAPACITY AS THE BENEFICIARY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF CHAN YUK LUN DEXEASED) v. DISTRICT LANDS OFFICER, TAI PO AND ANOTHER

[2025] HKCFI 4024

Court of First Instance1 September 2025

Judges:Coleman

HCAL1899/2025 CHAN CHOI SHING (IN HIS PERSONAL CAPACITY AS THE BENEFICIARY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF CHAN YUK LUN DEXEASED) v. DISTRICT LANDS OFFICER, TAI PO AND ANOTHER

HCAL 1899/2025

[2025] HKCFI 4024

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1899 of 2025

BETWEEN
	CHAN CHOI SHING (陳再盛) (IN HIS PERSONAL CAPACITY AS THE BENEFICIARY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF CHAN YUK LUN (陳玉粦), DEXEASED)	Applicant
	and
	DISTRICT LANDS OFFICER, TAI PO	1^st Putative Respondent
	DIRECTOR OF LANDS	2^nd Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following:

consideration of the documents only; or

consideration of the documents and oral submission by the applicant;

Order by The Honourable Mr Justice Coleman :

1. Leave to apply for judicial review is granted on the papers.

2. I give the following directions to bring the matter to a substantive hearing:

(1)  The Respondent have leave to file evidence in opposition to the substantive application for judicial review on or before 29 September 2025.

(2)  The Applicant has leave to file evidence in reply, if any, on or before 27 October 2025.

(3)  No further evidence shall be filed without leave.

(4)  Skeleton submissions for the substantive hearing shall not be longer than 30 pages (on A4 sized paper, double line spacing and font size no smaller than 14).

(5)  Liberty to apply including by reference to paragraph 8-13 of PD 26.1.

(6)  All hearing bundles, skeleton submissions and List of Authorities shall be prepared in electronic form. Please refer to Practice Directions 3.8 for details.

(7)  The hearing of the substantive application for judicial review is fixed to be heard before Hon Coleman J at 10am on 14 November 2025 (with one day reserved).

(8)  Liberty to apply.

The appropriate costs order to make is for all questions of cost to be reserved to the substantive hearing. I so order.

Observations:

Dated the 1^st day of September 2025.

(Alvin KWOK)
for Registrar, High Court

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence

Notes for the Applicant: If leave has been granted, the Applicant or his solicitors must:
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).		Sent/Handed to the Applicant/the Applicant’s solicitors on 1/9/2025 Messrs. Terry Yeung & Lai Solicitors for the Applicant Ref.: SS/PLY/B10922/25		Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 1/9/2025 DISTRICT LANDS OFFICER, TAI PO The 1^st Putative Respondent c/o Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit) 2 Department of Justice 6th Floor, Main and East Wing, Justice Place 18 Lower Albert Road, Central, Hong Kong Ref.: DLO/TP 449/TLT/89 II DIRECTOR OF LANDS The 2^nd Putative Respondent c/o Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit) 2 Department of Justice 6th Floor, Main and East Wing, Justice Place 18 Lower Albert Road, Central, Hong Kong

CHAN CHOI SHING (IN HIS PERSONAL CAPACITY AS THE BENEFICIARY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF CHAN YUK LUN DEXEASED) v. DISTRICT LANDS OFFICER, TAI PO AND ANOTHER

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition