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

[2025] HKCA 732 Court of Appeal 7 August 2025 • CACV595/2021 • 5 min read

3 cases cited (0 HK, 3 foreign) Cited by 1 case

Outcome

Application refused

the application is refused with costs to the 1

Source: [2025] HKCA 732, Court of Appeal, decided 7 August 2025. Read directly from the judgment.

Practice Areas

Land & Property

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 TRADING AS TAK HING LUNG MEDICINE CO. AND ANOTHER [2025] HKCA 732 was decided by the Court of Appeal on 7 August 2025 within the Land & Property area, engaging the Rules of the District Court. The court drew on [2020] HKDC 1032, [2021] HKCA 1611 and the English authority [2003] 1 AC 419.

The Court of Appeal held that 'the application is refused with costs to the 1.' The decision was subsequently cited in CHUNG LOI KIU BY HER NEXT FRIEND, LAU CHING MAN V. LAU YIP HUNG [2026] HKDC 386.

Summary

Wong Chee Sing (by his next friend Wong Tak Kwan Lilian) brought an adverse possession claim against Hung Wah trading as Tak Hing Lung Medicine Co. regarding the ground floor rear of 50 Battery Street, Kowloon. The Court of Appeal allowed the appeal, finding the trial judge had conflated the concepts of possession and ownership and that payment of government rents was not a prerequisite for adverse possession. A CFA leave application was refused.

What did the Court of Appeal decide in WONG CHEE SING (OR WONG CHE SING) V. HUNG WAH TRADING AS TAK HING LUNG MEDICINE CO. AND ANOTHER [2025] HKCA 732?

The Court of Appeal held that the application is refused with costs, drawing on [2020] HKDC 1032, [2021] HKCA 1611 and the English authority [2003] 1 AC 419 in a Land & Property matter engaging the Rules of the District Court.

Which later decision cited [2025] HKCA 732?

[2025] HKCA 732 was cited in CHUNG LOI KIU BY HER NEXT FRIEND, LAU CHING MAN V. LAU YIP HUNG [2026] HKDC 386, a subsequent District Court decision drawing on the Court of Appeal's determination in this Land & Property matter.