Successful Defence of Adverse Possession Claim without Calling Factual Witnesses
Land Law
In Chan Suet Yan (representing the estate of Pang Ho Tong, deceased) v. Tsui Lok Hei & Sharp Union Inc Limited & Anor [2025] HKDC 2011, the Plaintiff squatter claimed adverse possession of the suit land on the basis of continuous and exclusive occupation since at least 1981. The Defendants, as registered owners, counterclaimed for recovery of possession and nominal damages for trespass.
The court dismissed the Plaintiff’s claim and allowed the Defendants’ counterclaims, emphasising the stringent evidentiary threshold for adverse possession. Simon Wong and Abigail Liu represented the 1st Defendant.
The Facts
The plaintiff (originally Pang Ho Tong, continued by his wife after his death in July 2024) claimed continuous adverse possession of the suit land since at least 1981, relying on alleged oral/written agreements with his uncle Lo Chue transferring interests in the suit land, together with acts such as erecting fences/gates, growing plants, paying utilities, renting part of the land, and a 2017 licensing agreement.
The defendants called no factual witnesses, expunged their own witness statements, and relied principally on expert evidence and cross-examination of the plaintiff’s testimony.
The Decision
The Court dismissed the plaintiff’s claim, finding his evidence on material aspects unreliable and replete with inconsistencies and contradictions, which fall far short of the clear and compelling evidence required to establish factual possession and animus possidendi.
Notably, the Defence called no factual witnesses. It chiefly relied on cross-examination to expose weakness in the Plaintiff’s evidence. The Court rejected the Plaintiff’s invitation to draw adverse inference against the Defendants for not calling their witnesses, and accepted the Defendants’ submissions that the registered owners are entitled to rely on their paper title without having to advance a positive case and to adduce evidence in support.
Simon Wong
“Simon is an exceptional lawyer and he is extremely thorough. His advice is always clear and practical, and he is definitely one of the leading senior juniors in this area.”
Legal 500 Asia-Pacific 2026, Commercial Disputes, Labour and Employment — Leading Juniors
Simon is a dual-qualified lawyer, called to the Hong Kong Bar in 2007 and the California Bar in 2020.
He specialises in personal injuries law, and has advised on numerous cases involving a wide range of matters, including catastrophic injury, workplace accidents, medical negligence, public liability claims, traffic accidents, and industrial disease. His experience representing both claimants and defendants – among them over 30 local and international insurance companies – has provided him with insight across the spectrum of litigation.
In addition to his litigation practice, Simon has been actively engaged in mediation since obtaining accreditation in 2008. He has mediated over 200 disputes involving diverse subject matter.
Simon served as a Deputy District Judge in 2025, and Deputy Adjudicator of the Labour Tribunal in 2024 and 2025, reflecting his ongoing commitment to public service and the administration of justice.
Visit Simon’s profile for further details.
Abigail Liu
Abigail joined Chambers in 2019 after completing her pupillage with Mr. Graham Harris SC, Mr. Tim Kwok, Ms. Catherine Wong, Mr. Simon Wong and Mr. Jeffrey Tam.
Abigail is developing a broad civil and criminal practice. She has experience in areas such as family and matrimonial matters, public law, land, tort, personal injuries, employee compensation, commercial litigation, trusts, probate and contract.
Abigail has been instructed to appear in the Magistracies, the Lands Tribunal, District Court and High Court. She accepts instructions in all areas of work. She is fluent in English, Cantonese and Putonghua. She is capable of providing written submissions and conducting hearings in both English and Chinese.
Visit Abigail’s profile for more details.
This article was first published on 13 March 2026.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.