Experiential Learning

To study adverse possession in the New Territories, we visited the Yuen Long office of Wong, Hui & Co and the actual site of an adversely possessed property on 23 December 2019.

Wong, Hui & Co is a law firm experienced in handling adverse possession claims. One of its partners was appointed as a member of the Sub-Committee on Adverse Possession in 2006: see Law Reform Commission Report on Adverse Possession, p 2 (https://www.hkreform.gov.hk/en/docs/radversepossession_e.pdf).

We learnt how to read geomaps, aerial photos and survey sheets - three practical tools that help lawyers trace the history and understand the characteristics of certain pieces of land.

Through two real case studies, we also learnt how to extract relevant information from those tools for clients, who can be squatters or land owners; and construct arguments for them based on evidence available.

The actual site we visted was owned by a TONG (堂). TSO (祖) and TONG (堂) are two types of ancient landholding institution that are governed by Chinese customary law.

We were instructed to read Leung Kuen Fai v Tang Kwong Yu Tong [2002] 2 HKLRD 705 in order to find out whether the land owner can bring an action against the squatter.

During the visit, we noticed red markings (squatter survey numbers) on the external wall of certain buildings/structures, and learnt that those buildings/structures were "tolerated squatter structures", i.e. unauthorised structures that have been surveyed, monitored and tolerated by the Squatter Control Unit of the Lands Department (https://www.landsd.gov.hk/en/squatter_control/sqctrl.htm).