LI CHUN BON AND ANOTHER V. CHINA MOBILE HONG KONG COMPANY LTD

[2026] HKCA 88 Court of Appeal 28 January 2026 • CACV405/2024 • 22 min read

7 cases cited (0 HK, 7 foreign) Cited by 1 case

Outcome

Appeal allowed

the appeal is allowed.

Source: [2026] HKCA 88, Court of Appeal, decided 28 January 2026. Read directly from the judgment.

Judges (3)

Cheung Coram Chow Coram Kwan Coram

Counsel (5)

C.Y. Tsang & Co Firm Squire Patton Boggs Firm Ernest CY Ng Counsel Defendant Fergus Tam Counsel Defendant Jonathan Lee Counsel Plaintiff

Parties (3)

China Mobile Hong Kong Company Limited Defendant Li Chun Bon Plaintiff Yuen Suk Yee Plaintiff

Case Significance

In Li Chun Bon and Another v. China Mobile Hong Kong Company Ltd [2026] HKCA 88, the Court of Appeal allowed the appeal, holding that "the appeal is allowed." The court's reasoning drew on prior authority including Donora Company Limited v. The Incorporated Owners of Tsuen Kam Centre (荃錦中心業主立案法團) [2024] HKCFA 3. The Incorporated Owners of Golden Court v. Flyway Investment Ltd [2026] HKLdT 32 has since referred to this decision.

Summary

Li Chun Bon and Yuen Suk Yee sued China Mobile Hong Kong for trespass and nuisance arising from a telecommunications base station installed on the roof of their building without consent. The Court of Appeal allowed the appeal on the trespass claim, finding the installation constituted a trespass, and awarded damages including loss of rental income with interest.

What did the Court of Appeal decide in Li Chun Bon and Another v. China Mobile Hong Kong Company Ltd [2026] HKCA 88?

The Court of Appeal held that "the appeal is allowed," reversing the outcome below in a decision dated 28 January 2026 concerning a dispute between Li Chun Bon and another party and China Mobile Hong Kong Company Ltd.