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Sky Trinity Development Ltd v. Persons Unknown in Occupation of Lot No.11 in Demarcation District No. 116, Yuen Long, New Territories, Hong Kong

Read the full judgment text of HCMP 3374/2015 on BabelCite. This High Court CFI judgment was delivered on 31 December 2015.

1. This is an application by the plaintiff for an order of possession of Lot No 11, in Demarcation District 116, under Order 113 of the Rules of the High Court.

Case No.HCMP 3374/2015
Court
High Court CFI
Date31 Dec 2015
Judge—
Case Document
100%Judiciary

HCMP 3374/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3374 OF 2015

____________

  IN THE MATTER of the land known as All Those pieces or parcels of ground lying and being at Yuen Long, New Territories, Hong Kong and registered in the Land Registry as Lot No. 11 in Demarcation District No. 116 (“the Land”)
 

and
  IN THE MATTER of Order 113 of the Rules of the High Court, Cap 4A, Laws of the Hong Kong Special Administrative Region

____________

BETWEEN
  SKY TRINITY DEVELOPMENT LIMITED Plaintiff

and
  PERSONS UNKNOWN
in occupation of Lot No. 11 in Demarcation District No. 116, Yuen Long, New Territories, Hong Kong		 Defendant
____________
Before: Hon L Chan J in Chambers
Date of Hearing:  31 December 2015
Date of Judgment: 31 December 2015

_______________

J U D G M E N T
_______________

1.This is an application by the plaintiff for an order of possession of Lot No 11, in Demarcation District 116, under Order 113 of the Rules of the High Court.

2.This application is supported by an affirmation of Mr Ng Chi Ho Joseph, filed on 21 December 2015.  Mr Ho verified the plaintiff’s ownership of the lot which is dated from 21 July 2006.

3.He said that in the last two to three years some unknown persons had placed some scrap cars and old and unused containers on the lot without prior knowledge or consent of the plaintiff.  These articles occupied the land.  The plaintiff posted up notices on 3 December 2013 on the lot asking for the articles to be removed, but to no avail.  The plaintiff’s attempts to remove the articles were scared off by some unknown people in the village.  These people appeared to be using these articles to extract money from the plaintiff.

4.The plaintiff was prosecuted at the Sha Tin Magistracy for failure to comply with a notice under section 23(1) of the Town Planning Ordinance, Cap 131, dated 12 September 2013 to remove the said articles.  The plaintiff was convicted of the summons and will be sentenced in January 2016. 

5.The originating summons and supporting affidavit have been posted at the lot on 22 December 2015.  No one has turn up to oppose this application.

6.In the premises, I make an order of possession in terms of the originating summons.

(Louis Chan)
Judge of the Court of First Instance
High Court

Mr Robert Chan, instructed by Ho & Partners, for the plaintiff

The defendant was not represented and did not appear