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CACV 5/2020,
[2025] HKCA 675
On Appeal from
[2019] HKCFI 2511
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 5 OF 2020
(ON APPEAL FROM HCA NO 2613 OF 2006)
________________________
BETWEEN
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YIM TIN FOOK
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1
st
Plaintiff
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YIM TIN YAU
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2
nd
Plaintiff
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and
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YU CHOR LAI, KONG WAI HUNG and SOU KA LUN
trading as WANG CHEUNG INDUSTRIAL CHEMICALS CO
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1
st
Defendant
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TO CHEONG LAM, since deceased
(TO SZE ON, appointed by Order dated 7 May 2019 to
Represent the Estate of TO CHEONG LAM, Deceased)
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2
nd
Defendant
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(By Original Action)
AND BETWEEN
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TO CHEONG LAM, since deceased
(TO SZE ON, appointed by Order dated 7 May 2019 to
Represent the Estate of TO CHEONG LAM, Deceased)
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Plaintiff
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and
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YIM TIN FOOK
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1
st
Defendant
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YIM TIN YAU
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2
nd
Defendant
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CHAN HI
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3
rd
Defendant
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YEUNG HON SANG
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4
th
Defendant
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CHAN WAI KIN AND PO YUEN KWAN SHIRLEY
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5
th
Defendant
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LEUNG KWAN POK KEN
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6
th
Defendant
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W.S. REALTY COMPANY LIMITED
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7
th
Defendant
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TO SHUI KI
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8
th
Defendant
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WU CHUNG WAI
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9
th
Defendant
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(By Counterclaim)
________________________
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Before:
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Hon Barma, G Lam and Chow JJA in Court
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Date of Hearing:
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24 & 25 March 2025
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Date of Judgment:
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18 July 2025
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________________________
J U D G M E N T
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Hon Barma JA:
1.
I agree with the judgment of G Lam JA.
Hon G Lam JA:
Introduction
2.
This is one of those cases where one may be forgiven for wondering whether the facts have been ingeniously designed for the purpose of raising nice questions of law. In 1983, the owner of a piece of land in the New Territories, held under a Government lease for a term expiring on 27 June 1997, granted a sub-lease to her tenant for a term of 15 years. The sub-lease was in writing but never registered. In 1986, the owner assigned the land to herself and her adopted son as joint tenants. In 1988, a law was passed extending the term of the Government lease to 30 June 2047. In 1990 the owner died. In 1997 the adopted son sold and assigned the land to a company. After dividing the land into various sub-plots, the company sold and assigned them to various purcha
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