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Yam Hau Ling v. Ip Wing Sze Denise and Another

Read the full judgment text of HCMP 1928/2025 on BabelCite. This High Court CFI judgment was delivered on 10 June 2026.

1. Under s.19 of the Land Registration Ordinance (Cap.128), the court has the power to order the vacation of the registration in the Land Registry of a lis pendens against a property without the consent of the party who registered it, if the court is satisfied that the litigation is not prosecuted bona fide, or if other good cause is shown.

Case No.HCMP 1928/2025[2026] HKCFI 3551
Court
High Court CFI
Date10 Jun 2026
Judge—
Case Document
100%Judiciary

HCMP 1928/2025

[2026] HKCFI 3551

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1928 OF 2025

________________________

  IN THE MATTER OF the property known as Flat D, 18th Floor, Chai Wan Cinema Building No. 121 Wan Tsui Road, Hong Kong (the “Property”)
  and
  IN THE MATTER OF a sealed Writ of Summons dated 25th October 2012 (Memorial No. 12102602060016)  which has been withheld by the Land Registrar from registration in the Land Registry against the Property (“the Writ”)
  and
  IN THE MATTER OF Sections 17, 19 and Section 20 of the Land Registration Ordinance (Cap. 128)
  and
  IN THE MATTER OF the Inherent Jurisdiction of the Court

________________________

BETWEEN

  YAM HAU LING Applicant
  and  
  IP WING SZE DENISE 1st Respondent
  IP SHING HON ALAN 2nd Respondent

________________________

Before:  Hon Cheng J in Court
Date of Hearing:  10 June 2026
Date of Decision:  10 June 2026

________________________

D E C I S I O N

________________________


1.Under s.19 of the Land Registration Ordinance (Cap.128), the court has the power to order the vacation of the registration in the Land Registry of a lis pendens against a property without the consent of the party who registered it, if the court is satisfied that the litigation is not prosecuted bona fide, or if other good cause is shown.

2.Under s.20, a person interested in the property can apply to vacate the lis pendens.  I am satisfied that the Applicant, being the registered owner of the Property, is a person interested in the Property for the purposes of s.20.

3.In the present case, there is a writ of 25th October 2012 issued against former owners of the Property (“the Writ”)  currently recorded in the Land Registry records of the Property under “Deeds Pending Registration” as having been delivered on 26th October 2012.

4.I note that under s.17 of the Land Registration Ordinance, a lis pendens ceases to have effect at the end of five years from the date of registration, although the lis pendens may then be re-registered.

5.The Writ was not re-registered against the Property.  There is no evidence that the action commenced by the Writ proceeded to trial.

6.I accept that nevertheless, if the Writ were to remain in the Land Registry records, it could create uncertainty for the Applicant’s title.

7.I am satisfied that the Respondents have been properly served by way of substituted service.  They have not appeared to oppose the Applicant’s application.

8.I therefore accept that the Applicant has shown good cause for the vacation of the lis pendens, and I order that the registration of the Writ in the Land Registry against the Property be vacated.

  (Yvonne Cheng)
Judge of the Court of First Instance
High Court

Mr Tommy Cheung, instructed by Tang, Lee & Co. LLP, for the Applicant

The Respondents acting in person being absent