Date:     09 October 2026 (Friday)   Time: 2:30pm–5:45pm   Language: English  Level: Elementary

Speaker:          Stephen Gallagher, Associate Professor in Practice of Law and Associate Dean (Teaching & Learning) at the Faculty of Law, The Chinese University of Hong Kong

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts:  3 points                                  Fee: HK$1,800

Highlights:

This three-hour course will consider the doctrine of adverse possession and
its application in Hong Kong. The seminar will consider why the doctrine of adverse possession
continues to be recognised in Hong Kong, how the doctrine works and what a successful defence
or claim based upon adverse possession will achieve. The seminar will consider the
requirements to establish adverse possession including factual possession, and the evidence
which will establish the intention to possess. The seminar will consider the problems with
acknowledging the paper title owner’s rights in writing and the willingness to pay rent. The
seminar will consider the limitation period as against the government and leaseholders, and the
respective rights that a successful party will receive against the paper title holder and others. The
seminar will consider the limitations of the doctrine as asserted by one co-owner against their
fellow co-owners, and particular issues with the doctrine as against land held by a Chinese
customary trust (t’so and the t’ong). The seminar will consider the associated doctrine of
encroachment including how it works, what is required to establish encroachment and what the
successful party will receive by way of the doctrine. The seminar will conclude by considering
the appropriate orders that successful parties will be entitled to.
Course Outline: Some of the topics which will be covered in this course include:
– The origins of the doctrine;
– The elements of factual possession and intent to possess;
– Compelling evidence of factual possession (Chang Shun Tak v Leung Sun Fat HCA 13809/
1997);
– Does willingness to pay rent evidence an intent to possess? Comparing the approach of J.A.
Pye (Oxford) Ltd v. Graham [2002] UKHL 30, as against Wong Tak Yue v Kung Kwok Wai
[1998] 1 HKLRD 241, CFA;
– Can possession be adverse against co-owners? (Cheung Lai Mui v Cheung Wai Shing [2021]
HKCFA 19);
– Accumulation of time for relevant limitation periods;
– The doctrine of encroachment and its application in Hong Kong;
– Appropriate orders in successful cases Lam Sai Man v Minloy Limited%[2022] HKCA 37.
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Stephen Gallagher

Stephen Gallagher, Professor of Practice in Law, Associate Dean (Academic & Student Affairs), the Faculty of Law, The Chinese University of Hong Kong. Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches the equity and trusts courses for undergraduate and postgraduate students. Steven also teaches a course on art, antiquities, cultural heritage and the law on the LLM programme. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with equity. Steven’s research interests include equity and the law of trusts, cultural heritage law and legal history. In September 2021, Steven published the book, “Protecting Built Heritage in Hong Kong: what heritage and what protection?”