Sunday, December 17 2017 16:19:16

CPD by Others
Code : 2012043
Event Name : Boundaries - What the Law Says
CPD Code : Formal Events
Speaker : Mr Edmond Cheung
Senior Land Surveyor, Lands Department
The Government of the Hong Kong Special Administrative Region
Event Date : 21/06/2012
Event Time : 6:30 pm–8:00 pm (Thursday)
CPD Hour(s) : 2
Venue : Surveyors Learning Centre, Suite 811, 8/F., Jardine House, Central, Hong Kong
Division : LSD
Closing Date : 18/06/2012
Fee : HK$100
Priority : First-come-first-served
Language : Cantonese supplemented by English
Details :

From early times the English Court of Chancery exercised a jurisdiction to determine boundaries where the land of adjoining proprietors had become confused, and where was also some special reason for assistance of equity. Nowadays, jurisdiction to determine boundaries is conferred upon the Court of First Instance or upon the District Court of the Hong Kong Special Administrative Region.

In every Common Law jurisdiction the judges look first at cases within that jurisdiction. Where there are no applicable cases they then look to other common law jurisdictions for suitable cases.
The well-known Hong Kong cases are Lintock Company v Attorney General (High Court Action No. 5820 of 1982), Tam Mo Yin v Attorney General (MP No. 1868 of 1994), Secretary for Justice v Wing Lung Wai Community (CACV No. 173 of 1996), etc.
One of the definitive cases on boundary disputes is an English one known as Wibberley v Insley [1999] UKHL 15. In this case the House of Lords also gave a clear indication as to how a conveyance should be considered in determining the boundary that was defined by reference to Ordinance Surveys maps.
Recently, there were also a few authoritative decisions made by the Court of Appeal in the Royal Courts of Justice in England.

Mr Edmond Cheung has extensive experience in land boundary surveys. He has been participating in land resumption matters related to railway development projects for 15 years. In this event, Mr Cheung will share what the law says on boundaries.