CHOI PETER YUN FAI v. CHEUNG TAI FAT

DCCJ 4613/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 4613 OF 2011

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JUDGMENT

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1.  In this case, the plaintiff claims declaratory relief stating that he has acquired possessory title to the property known as Section B of Lot No. 447 in Demarcation District No. 131, Tuen Mun, New Territories (“the Property”) by virtue of the doctrine of adverse possession.

2.  Originally, the plaintiff issued a summons on 9 March 2012, seeking to enter default judgment against the defendant pursuant to Order 19, rule 7 of the Rules of the District Court.

3.  By the order of Master I Wong dated 20 March 2012, the said summons was adjourned to a date to be fixed for a trial hearing before a Judge in open court. 

4.  Today is the date fixed for the trial of this action.  Pursuant to the order of Master A Yim dated 24 June 2013, notice of today’s hearing was served on the defendant by way of substituted service by publication of an advertisement in Ming Pao, a Chinese newspaper circulated in Hong Kong.

5.  The defendant is absent today.  I have decided to proceed with the trial of this action in the absence of the defendant pursuant to Order 35, rule 1(2) of the Rules of the District Court. 

6.  The plaintiff duly gave evidence to prove his case.  He adopted his affirmation dated 1 May 2012 as his evidence.

7.  I am satisfied from the evidence adduced by the plaintiff that the plaintiff is entitled to the relief prayed for in the Statement of Claim.  In particular, I am satisfied that at least since 1974, the plaintiff has been in adverse possession of the Property.

8.  Accordingly, I grant the following order:-

(1)  A declaration that the plaintiff has acquired possessory title of Section B of Lot No. 447 in Demarcation District No. 131, Tuen Mun, New Territories;

(2)  A declaration that any title of the defendant to Section B of Lot No. 447 in Demarcation District No. 131, Tuen Mun, New Territories, has been extinguished by virtue of Section 17 of the Limitation Ordinance, Cap. 347; and

(3)  There be no order as to the costs of this action.