SKY TRINITY DEVELOPMENT LTD v. PERSONS UNKNOWN IN OCCUPATION OF LOT NO.11 IN DEMARCATION DISTRICT NO. 116, YUEN LONG, NEW TERRITORIES, HONG KONG

HCMP 3374/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3374 OF 2015

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J U D G M E N T
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1. This is an application by the plaintiff for an order of possession of Lot No 11, in Demarcation District 116, under Order 113 of the Rules of the High Court.

2. This application is supported by an affirmation of Mr Ng Chi Ho Joseph, filed on 21 December 2015.  Mr Ho verified the plaintiff’s ownership of the lot which is dated from 21 July 2006.

3. He said that in the last two to three years some unknown persons had placed some scrap cars and old and unused containers on the lot without prior knowledge or consent of the plaintiff.  These articles occupied the land.  The plaintiff posted up notices on 3 December 2013 on the lot asking for the articles to be removed, but to no avail.  The plaintiff’s attempts to remove the articles were scared off by some unknown people in the village.  These people appeared to be using these articles to extract money from the plaintiff.

4. The plaintiff was prosecuted at the Sha Tin Magistracy for failure to comply with a notice under section 23(1) of the Town Planning Ordinance, Cap 131, dated 12 September 2013 to remove the said articles.  The plaintiff was convicted of the summons and will be sentenced in January 2016. 

5. The originating summons and supporting affidavit have been posted at the lot on 22 December 2015.  No one has turn up to oppose this application.

6. In the premises, I make an order of possession in terms of the originating summons.