Wan Koon Sau (温官秀) & Anor v Lo Tam Shing & Ors [2024] 2 HKC 257, [2023] HKCFI 3048

Jay Koon represented the 1st and 2nd plaintiffs in Wan Koon Sau (温官秀) & Anor v Lo Tam Shing & Ors [2024] 2 HKC 257, [2023] HKCFI 3048.

A Prohibitory Order dated 20 December 1929 in favour of the three defendants was registered at the Land Registry against some land properties whose registered owners were the two plaintiffs. In 2022, the plaintiffs applied to vacate its registration. Despite their attempts to locate the defendants, neither the defendants nor anyone claiming to have an interest appeared in the present proceedings.

Held, ordering the registration of the Prohibitory Order be vacated:

Prohibitory orders were also subject to the re-registration requirements under s 17 of the Land Registration Ordinance (Cap 128). It did not appear that it had been re-registered after 1929. It had ceased to have effect as from 1934. The Court saw fit to exercise its inherent jurisdiction to order the registration of the Prohibitory Order to be vacated. Re Li Fat (aka Lee Koon Fat) [2009] 5 HKLRD 259 ; [2009] HKCU 1380 and Lo Wang Sang (盧宏生) v Chan Kap [2021] HKCFI 623 ; [2021] HKCU 996 followed; Douglas Lam Ho Tak v Lam Shun (DCMP 1273/1993, Judge Downey, 14 March 1994, unreported) considered (paras 12-16).

[The above is excerpted from the headnote to the report in HKC.]