Read the full judgment text of CACV 000094/1994 on BabelCite. This Court of Appeal judgment was delivered on 5 January 1995 before Mortimer JA, Godfrey JA, Wong J.
Property law – New Territories land – squatters – protection from eviction – New Territories (Renewable Crown Leases) Ordinance, Cap. 152, s. 4(1) and s. 4(4)(c) – Crown leases deemed renewed on 1 July 1973 – whether squatters in adverse possession after 1 July 1953 have rights preserved by s. 4(4)(c) – court bound by Court of Appeal decision in Chung Ping-kwan & others v. Lam Island Development Co. Ltd. (CACV 66 & 67 of 1994, 26 October 1994) – none of the appellants entered possession before 1 July 1953 and none had 20 years' adverse possession before 1 July 1973 or under the renewed lease – order for possession made by Master under Order 113 RSC and upheld by Mayo J. – appeal dismissed – whether to stay execution pending application for leave to appeal to Privy Council in Chung Ping-kwan – stay granted until determination of leave application, and further stayed if leave granted, with liberty to apply – no order as to costs – representation: all appellants in person; Mr. Jat Sew Tong of Gallant Y.T. Ho & Co. for respondent.
Legal issues: Whether squatters in adverse possession after 1 July 1953 are protected by s. 4(4)(c) of Cap. 152 · Whether to stay execution of the possession order pending the Privy Council application in Chung Ping-kwan
Outcome: Appeal dismissed; execution of the order for possession stayed pending the determination of the application for leave to appeal to the Privy Council in Chung Ping-kwan and any resulting appeal, with liberty to both parties to apply.
Cited by 1 case