๐ฏ๐ช๐จ๐ณ 592/2026 ๐บ๐๐๐ ๐ฉ๐๐, ๐๐ ๐๐๐ ๐ ๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐ ๐๐๐๐๐๐ , ๐บ๐๐ ๐ด๐๐ ๐ฒ๐๐๐ ๐ ๐ซ๐๐๐๐๐๐๐ ๐๐ ๐ณ๐๐๐ ๐ ๐๐๐ ๐๐๐๐๐๐
Last Friday, Coleman J granted an interim injunction to restrain the Director of Lands (โDirectorโ) from enforcing a notice (โNoticeโ) under Land (Miscellaneous Provisions) Ordinance (Cap.28) against an occupant of two pieces of land (โSubject Landsโ). In ongoing proceedings against the Government, it is the occupantโs case that he has, by virtue of sections 7 and 17 of Limitation Ordinance (Cap.347), extinguished the Governmentโs title in the Subject Lands and has become a freeholder thereof.
Although the Director is keen to obtain possession of the Subject Lands to kickstart construction work for the MTR Northern Link Project, Cap.28 only gives the Director โself-helpโ remedies to repossess unleased Government land. Hence, the Director acted ultra vires of Cap.28 when issuing the Notice against the Subject Lands since they are no longer โGovernment landโ. Instead, the Director ought to have acquired the Subject Lands pursuant to the statutory mechanism set out in Land Acquisition (Possessory Title) Ordinance (Cap.130).
This case involves the novel question of when and how the Director should invoke Cap.130 when facing an adverse possession claim against the Government, and the interaction between Cap.130, Cap.28 and Cap.347.
The substantive hearing of the injunction summons together with the rolled up hearing of application for leave to apply for judicial review and the substantive application for judicial review will be heard on 8 June 2026.
Ernest Ng,ย Raphael Leung and Joshua Lai instructed by Kenny Chun of Messrs. Y.T. Chan & Co., acted for the Applicant.
