WONG CHEE SING (OR WONG CHE SING) (BY HIS NEXT FRIEND WONG TAK KWAN LILIAN) V. HUNG WAH (孔华) TRADING AS TAK HING LUNG MEDICINE CO. AND ANOTHER

[2025] HKCA 534 Court of Appeal 4 June 2025 • CACV595/2021 • 31 min read

10 cases cited (0 HK, 10 foreign) Cited by 2 cases

Outcome

Appeal allowed

the appeal is allowed.

Source: [2025] HKCA 534, Court of Appeal, decided 4 June 2025. Read directly from the judgment.

Judges (3)

Cheung Coram G Lam Coram Kwan Coram

Counsel (6)

Deacons Firm Liu, Chan & Lam Firm Andrew Mak Counsel Defendant Audrey Eu Counsel Plaintiff Jamie Pang Counsel Defendant Maurice J Chan Counsel Plaintiff

Case Significance

Wong Chee Sing (or Wong Che Sing), by his next friend Wong Tak Kwan Lilian, v. Hung Wah (孔华), trading as Tak Hing Lung Medicine Co., and another [2025] HKCA 534 is a Court of Appeal decision on limitation issues under the Limitation Ordinance, including section 7 and section 7(2), and the Rules of the District Court. The Court of Appeal held that 'the appeal is allowed.'

The decision has since been cited in the District Court, including in Cheung Kwai Chun v. Glenn Fok, Executor of the Estate of Fok Wai Hon also known as Ressel Fok, Deceased and Another [2025] HKDC 2084, and in Chung Yuet Yin v. Hisao Kumoda [2026] HKDC 1047, indicating its use as a reference point on limitation questions arising in later District Court proceedings.

Summary

Adverse possession dispute over a ground floor property at 50 Battery Street, Kowloon. The plaintiff Wong Chee Sing (through next friend) claimed the 1st defendant Hung Wah, trading as Tak Hing Lung Medicine Co, had extinguished the plaintiff's title through adverse possession. The Court of Appeal (Kwan VP, Cheung and G Lam JJA) found the defendant had been in adverse possession and dismissed the plaintiff's appeal with costs.

What did the Court of Appeal decide in Wong Chee Sing v. Hung Wah (孔华) [2025] HKCA 534?

The Court of Appeal allowed the appeal, holding 'the appeal is allowed.' The dispute engaged limitation issues under the Limitation Ordinance, including section 7 and section 7(2), together with the Rules of the District Court, in a claim brought by Wong Chee Sing against Hung Wah, trading as Tak Hing Lung Medicine Co.

Has Wong Chee Sing v. Hung Wah [2025] HKCA 534 been cited in later District Court decisions?

Yes. It was cited in Cheung Kwai Chun v. Glenn Fok, Executor of the Estate of Fok Wai Hon [2025] HKDC 2084, and in Chung Yuet Yin v. Hisao Kumoda [2026] HKDC 1047, both District Court decisions addressing limitation issues under the Limitation Ordinance.

What ordinance provisions were at issue in [2025] HKCA 534?

The Court of Appeal's decision engaged the Limitation Ordinance, including section 7 and section 7(2), alongside the Rules of the District Court, in a claim by Wong Chee Sing (or Wong Che Sing), by his next friend Wong Tak Kwan Lilian, against Hung Wah and another.

Statutes Cited

Limitation Ordinance (Cap 347)

s 7 s 7(2)

Rules of the District Court (Cap 336H)

Cases Cited (10)

UK (5)

[1969] 2 AC 19 [1990] 1 Ch 623 [1990] Ch 623 [2003] 1 AC 419 [2004] EWCA Civ 1369

HK (5)

[1998] 1 HKLRD 241 [2002] 3 HKLRD 1 [2016] 1 HKLRD 464 [2019] HKCA 734 [2020] HKDC 1032

Cited By (2)

[2026] HKDC 1047

CHUNG YUET YIN V. HISAO KUMODA

[2025] HKDC 2084

CHEUNG KWAI CHUN V. GLENN FOK, EXECUTOR OF THE ESTATE OF FOK WAI HON ALSO KNOWN AS RESSEL FOK, DECEASED AND ANOTHER (and 1 other)

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKDC 2084 District Court

12 December 2025