DCCJ 3999/2021

[2025] HKDC 1565

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 3999 OF 2021

————————————

————————————

————————

JUDGMENT

————————

INTRODUCTION

1. The present case concerns a piece of land known as Lot No. 224 in Demarcation District No. 137 (“ Lot 224 ” or “ Land ”) at Pak Long Village, Lung Kwu Tan, Tuen Mun (“ Village ”). Unless stated otherwise, all lot numbers referred to in this Judgment are in the same Demarcation District.

2. The Plaintiff (“ P ”) seeks a declaratory relief that she has acquired possessory title to a substantial portion of Lot 224 (“ Pink Area ”) by adverse possession. The Defendant (“ D ”) is the registered owner of Lot 224. He defends P’s claim and counterclaims for an injunction restraining P from trespassing on the Pink Area, an order for vacant possession of the same and mesne profit.

3. For easy reference, a site plan [1] (“ Site Plan ”) showing the location of the Pink Area as well as the Yellow Area and Indigo Area (as defined at §8 below) is attached to this judgment.

4. At the trial, P was represented by Mr. Erik Shum and Ms. Michelle Wong whereas D was represented by Mr. Jonathan Tai.

5. Before the commencement of the trial, I dealt with P’s summons dated 5 March 2025 for appointing Ms Lau Ching Man as the next friend of Madam Chung Loi Kiu (“ Madam Chung ”). A medical report dated 4 March 2025 from Dr. Li Cheuk Wing (“ Dr. Li ”), a specialist in psychiatry, was produced in support of the application. According to Dr. Li, an assessment was conducted on 21 February 2025 and he was satisfied that Madam Chung was mentally incapacitated for the purpose of the Mental Health Ordinance ( Cap. 136 ).

6. The application did not concern D. In any event, there was no objection from Mr. Tai. Based on Dr. Li’s assessment, I was satisfied that Madam Chung was mentally incapacitated and made an order in terms of the summons. To avoid confusion, I will from now on use “P” when I refer to the Plaintiff as a party to the proceedings and “ Madam Chung ” when I refer to Madam Chun Loi Kiu.

OVERVIEW

7. Lot 224 was previously owned by Lau Sz Ching Tso [2] (“ Tso ”).

8. It is P’s case that, in 1945, with the Tso’s consent, Mr. Lau Tak Yung (“ Manager ”), manager of the Tso, “agreed to give” the Land to Madam Chung’s late husband, Mr. Lau Yung Wah (“ Lau Senior ”). Since then, Lau Senior and his family have been occupying the Land. They first grew crops on it. In around 1987 to 1988, they changed to plant lychee trees. In addition to Lot 224,