YIM TIN FOOK, SINCE DECEASED (YIM LOK MAN WINNE, APPOINTED BY ORDER DATED 10 MAY 2024 TO REPRESENT THE ESTATE OF YIM TIN FOOK, DECEASED) AND ANOTHER V. YU CHOR LAI, KONG WAI HUNG AND SOU KA LUN TRADING AS WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

[2025] HKCA 675 Court of Appeal 18 July 2025 • CACV5/2020 • 79 min read

30 cases cited (0 SG, 30 foreign) Cited by 2 cases

Practice Areas

Conveyancing and Property Ordinance Interpretation and General Clauses Ordinance Land Registration Ordinance Landlord and Tenant (Consolidation) Ordinance Limitation Ordinance Rules of the High Court

Judges (3)

Barma Coram Chow Coram G Lam Coram

Counsel (11)

Cheung & Co Firm Lui & Law Firm Wong, Hui & Co Firm Abel Lam Counsel Plaintiff Andrew Mak Counsel Plaintiff Anson Wong Yu Yat Counsel Plaintiff Anthony Chan Counsel Defendant Audrey Eu Counsel Plaintiff Edward Chan Counsel Plaintiff Lawrence K Y Lo & Co Counsel Defendant Wong Cho Lik Counsel Plaintiff

Parties (4)

TO CHEONG LAM, since deceased (TO SZE ON, appointed by Order dated 7 May 2019 to Represent the Estate of TO CHEONG LAM, Deceased) Defendant Yu Chor Lai, Kong Wai Hung and Sou Ka Lun Defendant Yim Tin Fook Plaintiff Yim Tin Yau Plaintiff

Summary

Yim Tin Fook and another brought a civil appeal concerning a property dispute at 50 Battery Street, Kowloon, involving competing claims under unregistered instruments and the Land Registration Ordinance. The case involved complex questions of property law dating back to the Japanese occupation period, including adverse possession and the effect of non-registration. The Court of Appeal handed down its judgment on the substantive issues.

Statutes Cited

Conveyancing and Property Ordinance (Cap 219)

Interpretation and General Clauses Ordinance (Cap 1)

s 19

Land Registration Ordinance (Cap 128)

s 3(2)

Landlord and Tenant (Consolidation) Ordinance (Cap 7)

Limitation Ordinance (Cap 347)

Rules of the High Court (Cap 4A)

Cases Cited (30)

UK (17)

[1905] 1 Ch 46 [1913] 3 KB 212 [1932] AC 715 [1946] KB 306 [1975] 1 QB 361 [1981] AC 513 [1982] 1 WLR 1044 [1985] AC 809 [1991] 2 AC 43 [1996] Ch 231 [1997] AC 38 [2000] 1 AC 293 [2000] 1 AC 406 [2004] Ch 142 [2012] 1 AC 955 [2022] EWCA Civ 1422 [2024] 4 WLR 93

HK (13)

(2004) 7 HKCFAR 70 (2006) 9 HKCFAR 29 (2009) 12 HKCFAR 342 (2013) 16 HKCFAR 595 (2022) 25 HKCFAR 17 [1987] 2 HKC 517 [2000] 2 HKLRD 145 [2001] 2 HKLRD 104 [2016] 5 HKLRD 356 [2018] 4 HKC 247 [2019] HKCFI 2511 [2019] HKCFI 2933 [2020] HKCFI 337

Cited By (2)

[2025] HKCA 816

YIM TIN FOOK, SINCE DECEASED (YIM LOK MAN WINNE, APPOINTED BY ORDER DATED 10 MAY 2024 TO REPRESENT THE ESTATE OF YIM TIN FOOK, DECEASED) AND ANOTHER V. YU CHOR LAI, KONG WAI HUNG AND SOU KA LUN TRADING AS WANG CHEUNG INDUSTRIAL CHEMICALS CO AND ANOTHER

[2025] HKCA 772

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2025] HKCA 675)