TO HAY MING v. TO HEI WO

HCA 315/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 315 OF 2009

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J U D G M E N T

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1.  I make an order in terms of the draft order as amended for retrospective leave to serve the summons and the second affirmation of the plaintiff out of jurisdiction.

2.  I am satisfied that the flat in question was bought for the plaintiff by his father as a gift.  I therefore grant the plaintiff judgment in terms of the draft judgment submitted by counsel.  But I make it clear that the judgment is not granted on the basis of adverse possession.

3.  If the plaintiff did not receive the property as a gift from his father, then his occupation and subsequent enjoyment of the same by letting is and has been with the leave of his father and the executor of his father’s estate.  There was no question of any animus possidendi.  However, I am satisfied that it was a gift by the plaintiff’s father to the plaintiff.