LAM KAM HUNG AND ANOTHER v. KING CHEER LTD AND ANOTHER

HCA 1561/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1561 OF 2012

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DECISION

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1.  There are serious issues to be tried in this case and the parties are agreed upon that.

2.  The plaintiffs seek to extend and amplify the injunction granted by Madam Justice Au-Yeung on 18 January 2013, over 4 months ago.

3.  I am satisfied that it would have regard to all the long-established principles which I have to observe in relation to, for example, the balance of convenience and the question of any prejudice, if I were to grant the orders sought by the plaintiff subject to certain alterations and additions.

4.  The removal of the containers will not occasion any prejudice. It is conceded that they were positioned only to deter trespassers. I have some doubts that in practice they could in fact do that. On the evidence the defendants have no current or planned use of the land.

5.  The plaintiffs’ need to use the land in the interim, is on a very limited basis and despite the argument as to the past extent of that use over a number of years, I think it right to preserve the ‘status quo’ on the basis of what they say is their need.

6.  Accordingly the containers are to be removed forthwith. The iron bar preventing the opening of the metal gate is to be removed forthwith and both parties are to possess keys to any padlocks securing the gate.

7.  The plaintiffs are to have access to the premises for the purposes indicated but are not to bring any materials onto the land or to make any alterations to any buildings thereon or erect any additional structures.

8.  The defendants are to have access to the land for the purpose of effecting its security and maintaining any fences, but not otherwise.

9.  The costs of and occasioned by this application will be costs in the cause.