A simple adverse possession case

In C & C Joint Printing Co (HK) Ltd v Chen Bei Tsun ([2013] HKEC 57, CFI) C & C sought a declaration that it had a possessory title in respect of two properties in Kowloon. C & C was the successor of a mainland company. C, owner of the formal title to the properties, was an employee of the predecessor company and she held the titles on trust for her employer. C & C had been in possession since 1988. It obtained the declaration it sought.

It seems that it had not been possible to locate C and so the Originating Summons had not been served on her personally. Instead, C & C had given notice through a newspaper advertisement. Anthony Chan J. said that this would probably have been insufficient had it not been for the unusual circumstances. At the very least, a copy of the summons could have been posted at the property.

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One Response to “A simple adverse possession case”

  1. thenakedlistener Says:

    This is one of the oddities of Hong Kong life, isn’t it? As a financial printer, I find quite a lot of people could spend the time, money and effort to obtain summonses, book newspaper space, etc – yet don’t (or won’t) do such an obvious thing by posting the summonses at the premises.

    Now, I understand many times summonses don’t get posted at the properties is because quite a lot of the management/security companies just won’t allow the process servers onto the premises to post their summonses. It isn’t that the management companies don’t know their jobs – they do – but that the Incorporated Owners often ‘instruct’ the management companies not to let the process servers do their jobs because posting summonses negatively impacts on the reputation of their premises.

    I should think the authorities (whichever department or agency that may be) need to remind the I.O.’s periodically that management companies should let in process servers to serve their summonses, no matter how negative the reputational impact that may lead to.

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