LI CHICK v. WONG TIN FUK

1996, No.MP2779

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

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J U D G M E N T

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1. This is an application by the Plaintiff Li Chick for a declaration for possessory title relating to property known and registered in the New Territories Yuen Long Land Registry as Lot No.2124 in Demarcation District No.106. The property is registered in the name of Wong Tin Fuk. He became the registered owner on 7 April 1932 and remains the registered owner.

2. The Plaintiff's evidence is that he went into possession in about 1942. The property consists of a brick house which at the time was vacant and at a dilapidated state. The Plaintiff entered upon the property as trespasser. Two years later, he married, rebuilt the house and has been residing there ever since. This became the matrimonial home and all four children of the marriage were born there.

3. In effect, the Plaintiff has been in possession of the property for the past 54 years. Crown rent receipts have been produced running from about 1970. The receipts are issued in the name of the registered owner but actually paid by the Plaintiff. Apart from the payment of Crown rent, the Plaintiff has never paid any rent to any other person.

4. The Defendant cannot be located and none of the villagers of Yuen Kwong Wai, Pat Hung, Yuen Long is able to offer any information of the whereabouts of the Defendant. Orders for substituted service were accordingly made for the service of the originating summons as well as the notice of hearing.

5. It is clear to me from the evidence that the Plaintiff has established that he had exclusive possession of the property for the requisite period under the Limitation Ordinance and also the requisite intention to possess it. In the circumstances, he has clearly established a possessory title to the property and I will make an order declaring that the Defendant's title to the property has been extinguished pursuant to s.17 of the Limitation Ordinance, Cap.347 and that the Plaintiff has established a possessory title thereto.