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CPD Course:
Adverse Possession

Presented by
Mr. Jackson C.P. Poon,
Barrister-at-Law,
Cheng Huan Q.C., S.C.'s Chambers
and Mr. Edward Poon,
Barrister-at-Law, 601 Dina House

Adverse Possession
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Code: EVT000000304 Level: Intermediate
Date: 7 March 2020 (Saturday) Language: Cantonese
(Course Materials in English)
Time: 09:30 - 12:45
(Reception starts at 09:00)
Accreditation(s): LSHK CPD Points being applied for
Venue: Request for Rerun:
Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 22 February 2020)

Please call 2116 3328 for details
and Group Discount
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Presenter's Profile:
Mr. Jackson C.P. Poon

Mr. Jackson Poon was called to the Hong Kong Bar in 1986.  He is experienced in dealing with civil and criminal cases.  In 1994 and 1995, he sat as a Deputy Magistrate for the Judiciary.  In 1995, he joined the then Legal Department (now Department of Justice) directly as a Senior Crown Counsel.  In 2006, he returned to private practice.  He is now in Cheng Huan Q.C., S.C.’s Chambers involved in civil cases and criminal litigation.  In August 2015, he sat as a Deputy District Judge.

Mr. Poon has handled numerous personal injury cases and has given many lectures on personal injury.  He has also handled cases involving Employees Compensation, Incorporated Owners disputes, Lands Tribunal trials, Trust, Commercial disputes, Sales of Goods, Manufacturing of Goods, Construction, Dishonoured Cheques, Defamation, Landlord and Tenant disputes, Conveyancing disputes, Employment disputes, Land disputes, Company matters and Judicial Reviews.  He has handled various criminal cases and he is a listed mediator of the Bar Association.

Various law lectures had been delivered by him for the University of Hong Kong, Hong Kong Polytechnic University, City University, Law Society, Butterworths, Police Detective Training School and Criminal Advocacy Courses of the Department of Justice.

Presenter's Profile:
Mr. Edward Poon

I obtained LLB in 2004 from the University of Nottingham.  I obtained PCLL in 2005 from HKU.  I was called to the Bar in 2006.  I was one of those who designed the HKU PCLL personal injuries course in 2008 - 2009.  I was accredited as a general mediator in 2011 by HKIAC.  I obtained Masters in Counselling in 2012 from the University of Monash.  I received family mediation training from the Family Welfare Society.  I was accredited as a family mediator in 2013 by HKIAC.  I am a general and family mediator of the HKMAAL.  I am an editor of the LexisNexis Dispute Resolution module.  I am married with 2 kids.

As a barrister in 601 Dina House, I am often instructed to work on general civil and personal injuries cases.  I am also regularly instructed to conduct criminal trials and appeals.  As a mediator, I stay mindful to the legal and psychological aspects of the case.  People become angry or depressed due to legal disputes.  I think psychotherapeutic techniques are very helpful.

Course Outline:
This course aims to discuss the basic and practical aspects in Adverse Possession cases including the following topics:
The Law and Legal Principles

  • The Limitation Ordinance, Cap.347 (“LO”)
    1. Section 7(1) of the LO
    2. Section 7(2) of the LO
    3. Section 8 of the LO
    4. Section 13 of the LO
    5. Section 17 of the LO
    6. What is “Adverse Possession”?
    7. The Court of Final Appeal in Wong Tak Yue v Kung Kwok Wai and Another (No 2) (1997-98) 1 HKCFAR 55, at 68E-H
  • Element 1: Exclusive and Physical/Factual Possession
  • Element 2: Intention to Possess (Animus Possidendi)
  • Element 3: Continuous Adverse Possession for a Sufficient Period of Time
    1. Adverse/Unlawful possession
    2. Continuous possession
    3. Successive possession
    4. Abandonment
  • Trust
  • Cho Tong Properties in the New Territories (新界祖堂物業)
    1. Tso () as trust property
    2. Heir

Civil Standard and Evidence

  • Cause of Action
  • Burden of proof
  • Standard of proof
  • Evidence
    1. Aerial Photographs
    2. Surveyor Report

Summons, Pleadings and Orders

  • Commencing a claim by Writ of Summons
    1. Statement of Claim
      • Preamble
      • The Land
      • Reasons of the Plaintiff(s)’ claim
      • Grounds of the Plaintiff(s)’ claim
      • Relief and remedy claimed
      • Appendix(ces)
    2. Defence and Counterclaim
  • Commencing a claim by Originating Summons
    1. Originating Summons
    2. Affidavit in Support
      • Background
      • Chronology of events
      • Other relevant evidence
      • Summary of the Plaintiff(s)’ claims
  • Declaration and Default Judgment

This course is provided by:  Kornerstone Limited
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